Terms of Service

1. Acceptance of Terms

By accessing and using PrivateProperty.mt ("the Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Platform.

These Terms constitute a legally binding agreement between you and Private Property Malta, a company registered in Malta.

2. Definitions

For the purpose of these Terms:

• "Landlord" - Individual property owners who list properties for rent or sale
• "Tenant" - Individuals searching for properties to rent, buy, or vacation rent
• "Agent" - Licensed real estate agencies with verified business credentials
• "Sub-Agent" - Branch agents operating under a main agency account
• "Advertiser" - Third-party businesses running advertising campaigns on the Platform
• "Listing" - Property advertisement posted by landlords or agents
• "Boost" - Paid visibility enhancement for property listings
• "Credits" - Pre-purchased units used to pay for boosts and other paid services
• "Lead" - Tenant inquiry captured by agents for follow-up
• "Sole Mandate" - Exclusive listing agreement between property owner and agent

3. Platform Purpose & Services

PrivateProperty.mt is a comprehensive property marketplace connecting landlords, tenants, real estate agents, and related service providers in Malta and Gozo. We provide a platform for property listings, communication, and related services, but we are not party to any rental agreements, sales transactions, or contractual relationships between users.

3.1 Free Services

The following services are provided free of charge:

• Unlimited property listing creation (for landlords and agents)
• Property search and browsing
• In-app messaging system
• User profile creation and management
• Basic property analytics and views tracking
• Property verification badge application
• Saved properties and search alerts

3.2 Paid Services (Optional)

The following services are available for purchase:

• Agency Subscriptions: Future release pending.
• Boost Credits: Credit-based system for enhanced property visibility through Spotlight, Newsletter, and eShot placements
• Landlord Boosts: Optional visibility enhancement credits available for individual landlords
• Advertiser Campaigns: Credit-based banner advertising campaigns for third-party businesses

Pricing for paid services is displayed at the time of purchase. All prices are in EUR (Euros).

4. User Eligibility & Account Types

4.1 General Requirements (All Users)

• You must be at least 18 years old to use this Platform
• You must provide accurate and truthful information
• You are responsible for maintaining the confidentiality of your account credentials
• You agree not to share your account with others
• You will comply with all applicable Malta laws and regulations
• You will not use the Platform for any illegal purposes

4.2 Landlords

As a landlord, you agree to:

• Have legal authority to rent or sell the properties you list
• Provide accurate and up-to-date property information
• Update listing status promptly when properties are rented or sold
• Comply with all Malta rental and property sale laws and regulations
• Verify tenant documents and conduct your own due diligence
• Optionally purchase boost credits to enhance property visibility
• Respond to inquiries in a timely and professional manner

4.3 Tenants

As a tenant, you agree to:

• Provide accurate profile information to help landlords and agents assess your application
• Control privacy settings for your profile and uploaded documents
• Verify property details and landlord/agent identity before making any payments
• Never pay deposits or rent outside a formal rental agreement
• Conduct your own due diligence on properties and landlords
• Report suspicious listings or fraudulent activity immediately

4.4 Real Estate Agents

As a real estate agent, you agree to:

• Hold a valid business license and real estate license in Malta
• Provide accurate business registration and licensing documentation during application
• If requested submit sole mandate documentation for all exclusive property listings
• Maintain an active subscription for continued access to agency features (future release pending)
• Manage sub-agent accounts responsibly if using the multi-user feature
• Handle tenant leads professionally and comply with data protection regulations
• Ensure all listings are legitimate and authorized by property owners
• Update property status promptly to avoid misleading tenants

4.5 Third-Party Advertisers

As an advertiser, you agree to:

• Provide accurate business information during registration
• Ensure all advertising content meets Platform content standards
• Purchase sufficient credits before launching campaigns
• Target appropriate audiences based on campaign settings
• Not use misleading, offensive, or inappropriate content in advertisements
• Comply with all applicable advertising regulations in Malta and the EU

5. Property Listings & Content Standards

5.1 Listing Requirements

All property listings must:

• Contain accurate and complete property information
• Include current availability status (draft, available, rented, sold)
• Display legitimate ownership or valid sole mandate authorization
• Use authentic, current photos of the actual property
• Include accurate Malta-specific location data (island, region, town)
• State clear and honest pricing information
• Comply with Malta property advertising regulations

5.2 Prohibited Content

Listings and user content must not contain:

• False, misleading, or fraudulent information
• Discriminatory language or requirements (based on race, religion, nationality, disability, etc.)
• Duplicate listings for the same property
• Misleading or stock photos not representing the actual property
• Spam, promotional content, or external links (except legitimate property websites)
• Offensive, inappropriate, or unprofessional language
• Contact information in property descriptions (use messaging system)

5.3 Status Management

Property owners and agents must:

• Keep listing status current (available, rented, sold)
• Mark properties as "rented" or "sold" within 24 hours of transaction
• Remove or archive listings that are no longer available
• Not maintain duplicate active listings for the same property

6. Boost Credits System

The Platform offers an optional boost system to enhance property visibility. Boosts are purchased using credits.

6.1 Available Boost Types

• Spotlight Boost: Featured placement on homepage carousel and top of search results
• Newsletter Boost: Inclusion in daily property alert emails sent to tenants
• eShot Boost: Dedicated email campaign to targeted tenant database

6.2 Credit System

• Credits must be purchased in advance before applying boosts
• Credits are non-refundable and non-transferable once purchased
• Credits do not expire and remain in your account until used
• Different user types (agents, sub-agents, landlords) maintain separate credit balances
• Credit purchases require payment via Stripe or bank transfer (subject to admin approval)

6.3 Performance & Analytics

• Boost performance is tracked via impressions and clicks
• Analytics are available to boost purchasers through their dashboard
• We do not guarantee specific results, leads, or inquiries from boosts
• Boost effectiveness depends on property quality, pricing, location, and market conditions

7. Agency Subscriptions

7.1 Subscription Terms

Real estate agencies can subscribe to access professional features (future release pending):

7.2 Sub-Agent Management

• Main agency account is responsible for all sub-agent activities
• Sub-agents maintain independent credit balances for boost purchases
• Main agent can create, manage, and disable sub-agent accounts
• Sub-agents inherit agency branding and verification status
• Leads are assigned to the sub-agent who created the listing

7.3 Sole Mandate Requirements

For exclusive agent listings:

• Agents must upload valid sole mandate documentation for each exclusive listing
• Sole mandates must be signed by the property owner
• Platform admin reviews and verifies sole mandate documents
• Listings without verified sole mandates may be suspended or removed
• False or fraudulent sole mandate documentation results in account termination

8. Messaging System

8.1 Communication Guidelines

• Use in-app messaging for initial property inquiries
• Messages are limited to 5,000 characters
• Maintain professional and respectful communication at all times
• Do not spam users with unsolicited messages or marketing
• Do not share personal contact information in initial messages (use after establishing contact)
• Email notifications are sent for new messages and unread message digests

8.2 Safety Features

• Report user functionality available in all conversations
• Conversation archiving and blocking capabilities
• Unread message tracking
• Safety warnings included in email notifications
• Message history retained for 1 year after last activity

8.3 Prohibited Messaging Activities

• Harassment, abuse, or threatening language
• Discriminatory or hateful communication
• Soliciting payment outside the Platform
• Sharing links to external property platforms or competitor sites
• Sending unsolicited marketing or promotional content

9. Verification & Trust System

We offer optional verification badges to help build trust between users. However, verification does not guarantee identity, reliability, or suitability.

9.1 Verification Types

• Email Verification: Required for all users - confirms email ownership
• Phone Verification: Optional - confirms phone number ownership
• ID Document Verification: Optional - reviews government-issued ID
• Property Ownership Verification: Optional for landlords - reviews ownership documents
• Business License Verification: Required for agents - reviews business registration and licenses
• Sole Mandate Verification: Required for agent exclusive listings - reviews mandate documents

9.2 Verification Limitations

Important: Verification badges indicate only that we have reviewed submitted documents. They do not guarantee:

• Identity accuracy or authenticity
• Creditworthiness or financial status
• Property ownership or legal authority
• User reliability or trustworthiness
• Compliance with rental laws or regulations

Users remain responsible for conducting their own due diligence, verification, and background checks.

10. Lead Management (Agents Only)

Agents with active subscriptions have access to a professional lead management system.

10.1 Lead Capture & Processing

• Tenant inquiries are automatically captured as leads in your dashboard
• 19-status lead pipeline tracks progress from initial contact to completion
• Lead quality scoring based on tenant profile completion and verification
• Access to full tenant profile information with tenant consent
• Leads are assigned to the agent or sub-agent who created the listing

10.2 Lead Data Privacy

• Leads and tenant data belong to the capturing agent/sub-agent
• Lead data must be processed in compliance with GDPR and Malta data protection laws
• Leads must not be shared with third parties without explicit tenant consent
• Lead data is deleted if agent account is terminated
• Tenants can request deletion of their lead data from agent dashboards

11. Payment Processing & Refunds

11.1 Payment Methods

• Credit/Debit Cards: Processed securely through Stripe (PCI-compliant)
• Bank Transfer: Available for credit purchases, subject to admin approval
• We do not store your credit card details - all payment data is handled by Stripe
• All transactions are in EUR (Euros)

11.2 Refund Policy

• Agency Subscriptions: No refunds for partial months; cancellation takes effect at end of billing period
• Boost Credits: Non-refundable once purchased and credited to your account
• Advertiser Credits: Non-refundable once purchased and approved by admin
• Fraudulent Charges: Full investigation conducted; refund issued if fraud is confirmed
• Technical Errors: Refunds issued for duplicate charges or technical processing errors

11.3 Chargebacks

If you initiate a chargeback:

• Your account will be suspended pending investigation
• We will provide transaction documentation to your bank
• Fraudulent chargebacks may result in permanent account termination
• You remain liable for any services used before the chargeback

12. Third-Party Services

We use trusted third-party services to provide Platform functionality:

• Stripe: Secure payment processing (PCI-compliant)
• Supabase: Database hosting and storage
• Brevo: Transactional email and notification delivery
• Google Maps: Location services, geocoding, and map display
• Cloudflare Turnstile: Security verification and bot protection

These third-party services have their own privacy policies and terms of service. We share only the minimum data necessary for functionality and do not sell your data to third parties.

13. Intellectual Property

13.1 User Content

• You retain ownership of all content you upload (property photos, descriptions, documents)
• You grant the Platform a non-exclusive license to display your content for Platform operations
• This license terminates when you delete your content or close your account
• You warrant that you have all necessary rights to the content you upload
• You are responsible for ensuring content does not infringe third-party intellectual property rights

13.2 Platform Intellectual Property

• Platform design, code, features, and branding are owned by Private Property Malta
• PrivateProperty.mt name, logo, and trademarks are protected intellectual property
• You may not copy, reproduce, or create derivative works without written permission
• API access, if granted, is subject to separate terms and conditions

14. Limitation of Liability

14.1 Platform Role

IMPORTANT: PrivateProperty.mt is a marketplace platform only. We facilitate connections between users but are not party to any agreements or transactions. Specifically:

• We do not verify property ownership or landlord identity
• We do not conduct tenant credit checks or background checks
• We are not responsible for disputes between landlords and tenants
• We are not liable for fraudulent listings, scams, or misrepresentation
• We do not guarantee property availability, condition, or description accuracy
• We are not liable for payment disputes or financial losses
• We do not guarantee boost performance, leads, or rental success

14.2 User Responsibility

YOU USE THE PLATFORM AT YOUR OWN RISK. You are solely responsible for:

• Conducting due diligence on properties, landlords, tenants, and agents
• Verifying all information independently before making decisions or payments
• Reviewing and understanding rental agreements before signing
• Complying with Malta laws regarding property rentals and sales
• Reporting fraud, scams, or suspicious activity to authorities

14.3 Damages Limitation

To the maximum extent permitted by Malta law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities.

15. Safety Guidelines

15.1 Best Practices

For your safety, always:

• Never pay deposits or rent before viewing the property in person
• Never pay outside a formal written rental agreement
• View properties in person before making any commitment or payment
• Verify landlord or agent identity and property ownership independently
• Report suspicious listings, users, or requests immediately
• Use the in-app messaging system for initial communications
• Meet in safe public locations for initial meetings
• Bring someone with you to property viewings
• Never share banking details or personal financial information through messaging

15.2 Warning Signs of Fraud

Be cautious if you encounter:

• Requests for payment before viewing the property
• Prices significantly below market rates ("too good to be true")
• Urgency or pressure tactics ("must pay now" or "many other interested parties")
• Requests to communicate only via email or external platforms
• Generic or stock photos instead of actual property images
• Landlord claims to be abroad and unable to show property
• Requests to wire money or use untraceable payment methods
• Refusal to provide proper documentation or identification

16. Prohibited Activities

The following activities are strictly prohibited and may result in immediate account termination:

• Posting false, fraudulent, or misleading property listings
• Impersonating another person, business, or entity
• Harassing, abusing, threatening, or stalking other users
• Using the Platform for any illegal activities
• Scraping, crawling, or collecting user data without authorization
• Creating multiple accounts to circumvent restrictions
• Circumventing payment systems or boost mechanisms
• Manipulating verification or boost systems
• Discrimination in property listings or tenant selection
• Spamming users with unsolicited messages or marketing
• Posting duplicate listings for the same property
• Using bots or automated tools to interact with the Platform
• Attempting to bypass security measures or access restrictions

17. Account Termination

17.1 Termination by User

• You may request account deletion at any time through your account settings or support
• Data is retained according to our Privacy Policy and legal obligations
• No refunds are provided for unused subscriptions, credits, or services
• Active subscriptions continue until the end of the current billing period

17.2 Termination by Platform

We reserve the right to suspend or terminate accounts for:

• Violation of these Terms of Service
• Fraudulent activity or scam attempts
• Risk to other users or Platform integrity
• Illegal activity or legal violations
• Non-payment of agency subscriptions or services
• Abuse of Platform features or other users
• Multiple complaints or reports from other users

Upon termination, all paid services and credits are forfeited without refund.

18. Dispute Resolution

18.1 Disputes Between Users

• The Platform is not party to disputes between landlords, tenants, or agents
• Users must resolve disputes directly with each other
• Report system available for serious violations of Terms or illegal activity
• We may provide communication records if legally required by Malta courts
• We recommend seeking legal advice for complex disputes

18.2 Disputes with Platform

For disputes with the Platform:

• Contact our support team first through the contact page
• We will make good faith efforts to resolve disputes amicably
• Escalation procedures available through customer support
• Disputes not resolved through support are subject to Malta court jurisdiction

19. Governing Law & Jurisdiction

• These Terms of Service are governed by the laws of Malta
• EU regulations apply, including GDPR for data protection
• Any disputes shall be resolved exclusively in the courts of Malta
• English version of these Terms controls in case of translation discrepancies
• If any provision is found unenforceable, remaining provisions continue in effect

20. Changes to Terms

• We may update these Terms of Service from time to time
• Changes will be notified via email to registered users
• Changes will be posted on the Platform with updated "Last Updated" date
• Material changes will have a 30-day notice period before taking effect
• Continued use of the Platform after changes constitutes acceptance of updated Terms
• If you disagree with changes, discontinue use and close your account

21. Contact Information

Company: Private Property Malta
Registered in: Malta
Platform: PrivateProperty.mt

For questions, support, or concerns:

• Contact Us - General inquiries and feedback
• Support Center - Technical support and help
• Privacy Policy - How we handle your data
• Cookie Policy - How we use cookies