Terms and Conditions

1 Acceptance of Terms

By accessing, browsing, or using ManilaOpenHouse Listings (the "Platform"), you ("User", "you", "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions ("Terms"), along with our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

These Terms apply to all visitors, registered users, property listers, real estate agents, brokers, developers, and any other person who accesses or uses the Platform.

We reserve the right to modify these Terms at any time. Continued use of the Platform after any such changes constitutes your acceptance of the revised Terms. We will update the "Effective Date" above whenever changes are made.

2 Nature of the Platform — Listings Only

• The Platform is a venue for advertising real estate properties; it is not a brokerage service.
• ManilaOpenHouse does not represent any buyer, seller, landlord, or tenant in any capacity.
• ManilaOpenHouse does not negotiate, facilitate, or participate in any property transaction.
• ManilaOpenHouse does not hold any funds, deposits, or payments on behalf of any party.
• Listing a property on the Platform does not create any agency, employment, partnership, or fiduciary relationship between you and ManilaOpenHouse.
• Any transaction resulting from a listing on the Platform is solely between the buyer/tenant and the seller/landlord/agent, without ManilaOpenHouse's involvement.

3 No Verification of Listings — Disclaimer

ManilaOpenHouse does not verify, validate, or authenticate the accuracy, completeness, legality, or truthfulness of any property listing, description, photograph, price, or any other information submitted by users or listers.

• ManilaOpenHouse does not verify ownership of any listed property (e.g., Transfer Certificates of Title, Tax Declarations).
• ManilaOpenHouse does not confirm that a lister is a licensed broker or salesperson under the PRC / DHSUD.
• ManilaOpenHouse does not confirm that a property has valid permits, licenses to sell, HLURB/DHSUD registration, or other regulatory clearances.
• ManilaOpenHouse does not guarantee the availability, condition, or legal status of any listed property.
• ManilaOpenHouse does not verify that listed prices are accurate, fair, or reflective of market value.
• Photos, floor plans, and other media displayed are provided by listers and may not represent the current state of the property.

Users are solely responsible for conducting their own due diligence before engaging with any listing or entering into any transaction. This includes but is not limited to verifying property ownership, title status, existing encumbrances, zoning compliance, and the credentials of any agent or broker.

4 Limitation of Liability

To the maximum extent permitted by applicable law, ManilaOpenHouse, its owners, directors, officers, employees, agents, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, the Platform or any listing thereon, including but not limited to:

• Loss of money, property, or investment arising from reliance on any listing.
• Fraudulent, misleading, or inaccurate listings posted by third-party users.
• Unauthorized collection of down payments, reservation fees, or any other amounts by listers.
• Title defects, encumbrances, or legal disputes over any listed property.
• Failure of a listed property to obtain necessary permits or regulatory approvals.
• Disputes between buyers and sellers, landlords and tenants, or agents and clients.
• Data loss, service interruptions, or security breaches not directly caused by ManilaOpenHouse's gross negligence.
• Decisions made by users based on information found on the Platform.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, ManilaOpenHouse's liability shall be limited to the maximum extent permitted by law. In no event shall ManilaOpenHouse's total aggregate liability exceed the greater of (a) any fees actually paid by you to ManilaOpenHouse in the 12 months preceding the claim, or (b) Philippine Peso One Thousand (₱1,000.00).

5 User Responsibilities and Representations

By using the Platform, you represent, warrant, and agree that:

• You are at least 18 years of age and legally capable of entering into binding contracts under Philippine law.
• All information you provide, including listing details, is accurate, complete, and not misleading.
• You own or have proper authority to list any property you post on the Platform.
• If you are a real estate broker or salesperson, you hold a valid, current PRC license as required by Republic Act No. 9646. RA 9646
• If you are a developer, your projects comply with applicable DHSUD requirements and permits.
• You will not use the Platform for any fraudulent, deceptive, or illegal purpose.
• You will not post duplicate, fictitious, or "ghost" listings designed to generate leads without a genuine property for sale or lease.
• You will not collect any deposit, reservation fee, or payment from any user in connection with a listed property without proper authority to do so.
• You are solely responsible for all communications and transactions with other users.

6 Prohibited Conduct

The following are strictly prohibited on the Platform:

• Fraudulent listings — posting properties that do not exist or that you have no authority to list.
• Misrepresentation — falsifying ownership documents, titles, permits, prices, or agent credentials.
• Advance fee fraud — soliciting deposits or reservation fees for properties you cannot legally transfer.
• Spam and mass posting — submitting identical or near-identical listings in bulk to manipulate search results.
• Scraping — automated extraction of listing data without prior written consent.
• Impersonation — posing as a licensed broker, property owner, or ManilaOpenHouse representative.
• Harassment — contacting other users in an abusive, threatening, or harassing manner.
• Circumvention — attempting to bypass the Platform's authentication, payment, or security systems.

Violations may result in immediate account suspension, removal of listings, and referral to appropriate law enforcement or regulatory authorities, including the PRC, DHSUD, NBI, or PNP-ACG.

7 Lister Obligations and Regulatory Compliance

Any person who posts a property listing ("Lister") on the Platform agrees to the following additional obligations:

• Listings must comply with all applicable Philippine laws and regulations, including RA 9646, DHSUD rules, and local government ordinances. RA 9646
• Listers who are real estate brokers or salespersons must include their valid PRC license number in their profile.
• Listings for subdivision lots, condominium units, or other properties covered by RA 4726 (Condominium Act) and PD 957 must have proper DHSUD registration and license to sell. PD 957
• Listers must promptly update or remove listings that are no longer available, sold, or leased.
• Listers bear full legal responsibility for the accuracy of all information in their listings.
• ManilaOpenHouse reserves the right to remove any listing at its sole discretion for any reason, including suspected non-compliance, without prior notice or liability.

8 No Agency Relationship / No Endorsement

Nothing in these Terms or in your use of the Platform creates any agency, partnership, joint venture, employment, or franchise relationship between you and ManilaOpenHouse. The appearance of any listing on the Platform does not constitute an endorsement, recommendation, or warranty by ManilaOpenHouse of that listing, property, lister, agent, broker, or developer.

ManilaOpenHouse is not a party to any agreement entered into between users of the Platform. ManilaOpenHouse will not and cannot mediate, arbitrate, or intervene in any dispute between users.

9 Intellectual Property

All Platform content created by ManilaOpenHouse — including the ManilaOpenHouse brand, logo, website design, code, and curated content — is the intellectual property of Manila Open House and is protected under applicable Philippine and international copyright, trademark, and intellectual property laws.

By submitting listing content (descriptions, photos, videos) to the Platform, you grant ManilaOpenHouse a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content on the Platform and in promotional materials. You represent that you own or have the right to grant this license for all submitted content.

You may not reproduce, distribute, or create derivative works from ManilaOpenHouse's proprietary content without prior written consent.

10 Privacy and Data Protection

ManilaOpenHouse collects and processes personal data in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission's implementing rules and regulations. RA 10173

Personal data collected (including mobile numbers used for OTP authentication) is used solely for the purposes of operating the Platform, verifying user identity, and communicating Platform-related information. We do not sell your personal data to third parties.

By registering and using the Platform, you consent to ManilaOpenHouse's collection, use, and processing of your personal data as described herein. You have the right to access, correct, and request deletion of your personal data by contacting us at the address below.

OTP-based authentication uses your Philippine mobile number (+63) for verification only. Mobile numbers are not shared with property listers or other users.

11 Electronic Transactions

Your use of the Platform and acceptance of these Terms constitutes a valid and binding electronic agreement under the Electronic Commerce Act of 2000 (Republic Act No. 8792). RA 8792

OTP verification serves as your electronic signature for authentication purposes. Records of your activity on the Platform may be used as evidence in any legal proceedings.

12 Third-Party Links and Services

The Platform may contain links to third-party websites, maps, services, or content. These links are provided for convenience only. ManilaOpenHouse does not endorse, control, or assume responsibility for any third-party content, privacy practices, or services. Your use of third-party services is at your own risk and subject to their respective terms.

13 Indemnification

You agree to indemnify, defend, and hold harmless Manila Open House, its owners, directors, officers, employees, agents, partners, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Platform.
• Any listing, content, or information you submit to the Platform.
• Your violation of these Terms or any applicable law or regulation.
• Any transaction, dispute, or claim arising between you and another user of the Platform.
• Any infringement of intellectual property or other rights of any person or entity.

14 Disclaimer of Warranties

The Platform and all content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, or non-infringement.

ManilaOpenHouse does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. ManilaOpenHouse does not warrant the accuracy or completeness of any listing or any information provided by third-party users.

15 Account Suspension and Termination

ManilaOpenHouse reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason including but not limited to:

• Violation of these Terms or any applicable law.
• Submission of fraudulent, misleading, or illegal listings.
• Suspected fraudulent activity against other users.
• Repeated reports or complaints from other users.
• Non-payment of any applicable listing fees (if applicable).

Termination of your account does not affect any rights or obligations that arose prior to termination, including these Terms' provisions on Limitation of Liability and Indemnification, which shall survive.

16 Governing Law and Jurisdiction

These Terms and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the proper courts of Pasig City, Metro Manila, Philippines, and you hereby irrevocably consent to such jurisdiction.

17 Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ManilaOpenHouse with respect to the Platform and supersede all prior and contemporaneous agreements, understandings, and representations.

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