Arak International (“Arak International,” “We,” “Us,” “Our”) is an online platform designed to facilitate the sharing and discovery of real estate listings. Users can browse and list various types of properties, including residential homes, townhouses, vacant lots, commercial and office spaces, warehouses, buildings, serviced offices, industrial lots, and recreational resorts (collectively referred to as “Real Estate Properties”). These properties may be available for sale or rent, and users also have the option to list properties they wish to sell or lease.
By accessing Arak International’s services through our website (the “Website” or “Site”) or via our brokers and agents (collectively, the “Services” or “Service”), You (“You,” “User,” or “Your”) acknowledge that You have read, understood, and agreed to our Terms of Service and Privacy Policy (collectively, the “Terms”). These Terms form a legally binding agreement between You and Us.
Arak International is owned and operated by Arak International Properties. By signing up or using our Services, You confirm Your acceptance of these Terms.
Terms and Conditions
1.1. Agreement to Terms
These Terms govern the use of our website, mobile application, and all related content, products, and services (collectively referred to as the “System” or “Services”). By using our Services, You agree to comply with these Terms and all applicable laws and regulations. You acknowledge that You fully understand the meaning, implications, and legal effects of these Terms. If You disagree with any part of these Terms, You should refrain from using our Services.
Before accessing certain features, You may be required to explicitly accept these Terms by clicking an “I accept” button. If You do not agree, You may be unable to access certain Services.
1.2. Additional Terms
Some Services may require You to accept additional terms and conditions, which will be incorporated into these Terms. In cases of conflict, the additional terms will take precedence.
Changes to the Terms
2.1. Updates and Modifications
You agree to review these Terms periodically for any updates. We reserve the right to modify or update these Terms, policies, or practices at any time. Any changes will take effect immediately upon posting to the System. Continued use of our Services indicates Your acceptance of the updated Terms.
In some cases, We may notify You of updates through pop-ups, push notifications, or emails.
Acceptable Use Policy
3.1 The Services, along with all copyrights, trademarks, patents, and other intellectual property rights related to the System and its documentation—whether complete or incomplete—shall remain the exclusive property of Arak International and/or its licensors. Without our express written permission, you may not copy, reproduce, translate, display, distribute, transfer, assign, market, license, lease, or sell the Services, its software, or its documentation in any form or manner.
3.2 You are strictly prohibited from modifying, reverse engineering, translating, decompiling, or disassembling the System, the Services, or any of their components, derivatives, or variations.
3.3 By using our Services, you agree to abide by the following acceptable use policies:
- 3.3.1 You must use the Services in full compliance with all applicable laws, regulations, and government-issued guidelines.
- 3.3.2 If deemed necessary for compliance with applicable laws, we reserve the right to require you to disclose the nature of any transactions facilitated through our Services, at our sole discretion.
- 3.3.3 You may not use the Services for the following purposes:
- 3.3.3.1 Engaging in activities that violate any law, regulation, or legal directive.
- 3.3.3.2 Facilitating the sale of items that are not legally permitted for commerce.
- 3.3.3.3 Conducting transactions related to illegal drugs, drug paraphernalia, or controlled substances.
- 3.3.3.4 Selling products that pose risks to the safety, health, or well-being of individuals.
- 3.3.3.5 Supporting or encouraging illegal activities.
- 3.3.3.6 Engaging in transactions involving stolen, smuggled, or illegally acquired goods or services.
- 3.3.3.7 Facilitating transactions related to firearms, explosives, ammunition, or other prohibited weapons and accessories.
- 3.3.3.8 Infringing on intellectual property rights.
- 3.3.3.9 Engaging in cybercrimes as defined under R.A. 10175 and other applicable laws.
- 3.3.3.10 Facilitating child pornography as defined in R.A. 9775 and other applicable laws.
- 3.3.3.11 Promoting prostitution or sexually oriented services.
- 3.3.3.12 Conducting transactions related to pornography.
- 3.3.3.13 Engaging in money laundering activities as defined in R.A. 9160.
- 3.3.3.14 Promoting fraudulent “get rich quick” schemes, pyramid schemes, or Ponzi schemes.
- 3.3.3.15 Engaging in bribery or corruption of public officials.
- 3.3.3.16 Participating in any form of ethical, legal, or illegal hacking.
- 3.3.3.17 Facilitating theft, larceny, robbery, or embezzlement.
- 3.3.3.1 Engaging in activities that violate any law, regulation, or legal directive.
3.4 We encourage you to report any suspected or actual violations of this Acceptable Use Policy as soon as possible. To report a violation, please contact us at +63 954 492 7250.
Registration and General Terms
4.1 By registering for the Services, you confirm that you have the legal capacity to enter into binding contracts under Philippine law and that you are currently residing in the Philippines.
4.2 You certify that all information provided during registration and while using the Services is accurate and truthful. You are responsible for updating your information whenever changes occur.
4.3 If your registration details are found to be inaccurate at any time, we reserve the right to modify, suspend, or terminate your account, which may result in permanent disqualification from using our Services.
4.4 You are solely responsible for ensuring the accuracy of any data entered into the System while using our Services.
4.5 Clearances: You represent and warrant that you have obtained all necessary rights, permissions, licenses, and authorizations for any content you submit or use through the System or Services. This includes but is not limited to photographs, artwork, videos, stock footage, materials, locations, or any other third-party property (collectively, the “Materials”) required for Arak International to provide its Services, including the display and publication of such Materials.
Special Terms
5.1. For Clients (Buyers, Lessors, and Brokers Representing Them)
5.1.1 You agree not to communicate directly with the owners of any real estate properties listed on the Services. All interactions must be conducted exclusively through the platform.
5.1.2 You commit to ensuring the payment of all applicable commission and professional fees to the designated real estate professional handling your transactions via the Services.
5.1.3 You agree to act with transparency and professionalism when engaging with Us, particularly in providing or requesting information necessary for the execution of the Services.
5.2. For Property Owners and Their Representatives (Including Agents)
5.2.1 You confirm that you either own the property you are listing for sale or lease, or that you have the legal authority to buy, sell, or lease the property on behalf of the owner.
5.2.2 You acknowledge your obligation to pay Arak International all applicable fees (including commissions) as stipulated in these Terms and any other agreements.
Agreement to Pay Commission:
- You agree to pay a real estate commission or professional fee amounting to at least 3% of the total selling price for sale transactions.
- For lease transactions, you agree to pay a commission of at least one month’s rent per one-year lease period.
- For lease extensions or renewals, you agree to an additional commission of no less than half a month’s rent per year of extension or a prorated commission for extensions shorter than a year.
- If the lessee terminates the lease early, Arak International is not required to refund any portion of the commission or professional fee paid.
Payment of Commission:
- For lease transactions, the commission/professional fee must be paid to “Arak International Inc.” via cheque or bank transfer within five (5) working days after receiving the lessee’s deposit or advance rent.
- For sale transactions, the commission/professional fee must be paid to “Arak International Inc.” via cheque or bank transfer within five (5) working days after receiving the total selling price.
- For sales paid via bank financing or staggered payments, partial commission payments may apply, as determined by Arak International Inc.
To request a copy of our Commission Agreement, you may contact us at +63 954 492 7250.
5.2.3 You agree not to engage directly with clients introduced or registered by Us without our explicit consent. All communications must be conducted through the Services.
5.2.4 Upon request by Arak International, you agree to promptly provide any necessary documents or materials related to the property for due diligence and other processes involved in its sale, lease, or transfer.
5.3. For Brokers (Including Agents and Representatives of Property Owners)
5.3.1 You confirm that you have obtained proper authorization from the property owner to:
- (i) Grant consent for the processing of the owner’s personal information under these Terms and the Privacy Policy.
- (ii) Fulfill all obligations you undertake under these Terms and any additional agreements.
- (iii) Represent the owner in transactions related to the purchase, sale, lease, or transfer of real estate properties.
5.3.2 You agree to pay Arak International all applicable fees (including commissions) as outlined in these Terms and any other agreements.
Revenue Sharing Agreement:
- You agree to compensate Arak International for services rendered under a Revenue Sharing Agreement.
- Arak International is entitled to a portion of the total net commission/professional fee received for any property sold or leased through a registered client or endorsed listing.
- Payment of Arak International’s revenue share will be based on the completion of predefined obligations and must be made within a reasonable timeframe without undue delay.
The applicable commission/revenue sharing structure will be determined based on the total net commission/professional fee for each transaction.
- 50-50 share of total commission
| Broker – 50% (SELLER’S SIDE) | Arak International – 50% (BUYER’S SIDE) |
| Facilitate viewings with an internal Company Sales Personnel | Provides the client/buyer |
| Handle negotiations between seller and buyer | Qualifies the buyer |
| Create Contracts | Handle negotiations between seller and buyer |
| Provide complete documents for due diligence | Due diligence for Buyers Side |
| Facilitate and Provide CAR for transfer | Transfer title at Registry of Deeds |
| Broker – 50% (BUYER’S SIDE) | Arak International – 50% (SELLER’S SIDE) |
| Provides the client/buyer | Facilitate viewings with an internal Arak International Broker |
| Qualifies the buyer | Handle negotiations between seller and buyer |
| Handle negotiations between seller and buyer | Create Contracts |
| Due diligence for Buyers Side | Provide complete documents for due diligence |
| Transfer title at Registry of Deeds | Facilitate and Provide CAR for transfer |
- 40-20-40 share of total commission
| Broker – 40% (BUYER’S SIDE) | Arak International – 20% (Facilitating Broker) | Broker – 40% (SELLER’S SIDE) |
| Provides the client/buyer | Introduce buyer’s broker to seller’s broker | Facilitate viewings for Buyers broker |
| Qualifies the buyer | Qualifies the buyer / seller | Handles negotiations between buyer/seller |
| Due diligence for buyer side | Facilitates documentation and represents both parties | Create final contracts |
| Transfer title at Registry of Deeds | Assures complete documentation | Facilitate and provide CAR for transfer |
| Create offer letters | Complete marketing costs of partner broker listings |
Commission and Revenue Sharing
Any modifications to the revenue sharing arrangement must be agreed upon in writing by both Arak International and the Broker before the transaction is finalized. Otherwise, the above-mentioned commission and revenue-sharing terms will apply.
Payment of Commission
All revenue share derived from the total net commission or professional fee must be paid to “Arak International Inc.” by cheque or bank transfer within five (5) working days of receiving the funds.
For a copy of our Partner Broker Agreement, please contact us at +63 954 492 7250.
5.3.3. Compliance with Laws
You confirm that you will, at all times while using the System, remain compliant with the relevant laws, regulations, and professional ethics guidelines applicable to real estate brokers in the Philippines.
5.3.4. Communication Restrictions
You agree not to directly contact any clients endorsed or registered by us without our explicit consent. All communications must take place through the Services.
5.3.5. Provision of Documents
Upon request, you will promptly supply Arak International with any necessary documents or materials related to the real estate property in question, enabling us to conduct due diligence or any other required procedures for the sale, lease, or disposal of the property.
Use of the Site
6.1. Content Modification
We reserve the unconditional right to remove or edit any of your posts on our website without prior notice.
6.2. Acknowledgment of Risks
You accept the inherent risks of using a website and its software, which may include software malfunctions, server hacks, internet disruptions, security breaches involving your credentials, and communication failures. While we take reasonable measures to secure our System, these risks cannot be entirely eliminated.
6.3. Right to Restrict Access
Without limiting other remedies, we may limit, modify, or restrict your access to the Services—issue warnings, temporarily or permanently suspend your account, or refuse service—if:
- 6.3.1 You have breached these Terms or related referenced documents.
- 6.3.2 We are unable to verify or authenticate the information you have provided.
- 6.3.3 We have reason to believe your account has been compromised.
6.4. Suspension or Termination
We may modify, terminate, or suspend access to the Services at any time, for any reason, without prior notice. We assume no liability for damages, losses, or costs arising from such termination or suspension.
6.5. Prohibited Uses
You warrant that you will not utilize the Services in any unlawful manner or for illegal purposes, or in any way that could harm, disable, or overburden the service, or tarnish our reputation.
6.6. Additional Liability
Any restriction or termination of access is separate from and does not negate any other liability or damages you may incur under applicable law or equity.
Disclaimers
7.1. No Mediation of Disputes
You acknowledge and accept that we are neither responsible nor obligated to mediate or intervene in disputes between you and other users of the Services.
7.2. Third-Party Content
Our Services may provide you with information and content from third parties, including data about Philippine real estate properties (land, condominiums, improvements, etc.). This content is for informational purposes only and should not be considered an endorsement or recommendation to buy or sell real estate. We make no guarantees regarding its accuracy, timeliness, or quality.
7.3. No Warranties
We disclaim all warranties—express or implied—concerning fitness for a particular purpose, accuracy, completeness, or truthfulness of any content you receive through the Services.
Limitation of Liability
8.1 Under no circumstances shall We be liable to You—whether under contract, warranty, tort, or otherwise—for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including but not limited to lost revenue, profit, or business, arising from or connected with the Services.
8.2 The Service is provided on an “AS IS” basis and may contain faults. We make no warranties—express or implied—regarding merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the Service is free from defects or suitable for any specific purpose. In no event shall We be liable for any loss or damages resulting from installing or using the Service, including indirect, punitive, special, incidental, or consequential damages (e.g., loss of goodwill, work stoppage, computer failure, or any other commercial losses).
8.3 Regardless of the circumstances, Our total liability (whether under contract, warranty, tort, or otherwise) for any claims related to this Agreement will not exceed the total amount You have actually paid Us for the Services in the twelve (12) months before the filing of the complaint.
8.4 You agree that We may deduct any amounts You owe Us from the amounts We might owe You at any given time. If We do not or cannot recover the full amount owed via set-off, You agree to promptly pay the remaining balance.
Indemnity
9.1 You agree to fully indemnify, defend, and hold Us harmless against any claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees), liabilities, or damages that arise from or relate to:
- Your breach or alleged breach of these Terms, including any representation, warranty, or covenant;
- Your breach or alleged breach of any applicable laws or regulations, whether by You or Your representatives.
9.2 You also unconditionally undertake to defend, indemnify, and hold Us and our related parties free from all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges, and expenses that stem from or are connected to Your relationship or engagement with Us—including use of or access to the Services—under these Terms and any future revisions thereof.
Intellectual Property Rights
10.1 You acknowledge and agree that all materials provided through the Service—such as text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (the “Materials”)—along with any trademarks, service marks, or logos (“Marks”), are owned by or licensed to Us. These Materials are protected by copyright and other intellectual property laws in the Philippines and internationally.
10.2 Some trademarks displayed may belong to third parties and are used under license. You shall not reverse engineer, decompile, or disassemble these trademarks, and nothing in these Terms grants You rights to them. Materials on the Service are provided “as is” for personal and informational use only. Any reproduction, distribution, or commercial exploitation of these Materials requires prior written consent from the owners.
10.3 We reserve all rights not explicitly granted in these Terms. You agree not to use, copy, or distribute any Materials beyond what is expressly permitted, including Materials obtained from third parties. If You download or print copies for personal use, You must keep all copyright and proprietary notices intact. You also agree not to circumvent or disable any security measures in place to protect the Service and its content.
10.4 The Service is protected under copyright laws, other legal provisions, and international treaties. Content displayed via the Service is protected as a collective work or compilation. Any reproduction, modification, or redistribution of the Service or its Materials is strictly prohibited. Copying or reproducing the Service or Materials to another server or location for additional reproduction or redistribution is also prohibited.
10.5 You agree not to reproduce, duplicate, or copy content or Materials from the Service, and You must adhere to any copyright or other notices displayed within the Service. You may not reverse engineer or otherwise discover the source code of the Service. Furthermore, You agree not to reproduce, copy, sell, resell, or exploit any part of the Service for commercial purposes.
10.6 We retain all intellectual property rights to Our resources in all forms, including Our logo, and You may not use them without Our explicit written permission.
Dispute Resolution
11.1 Any disputes arising from or related to these Terms, or from Your use of the Services, that cannot be settled informally or through small claims court, will be resolved via binding arbitration on an individual basis. However, neither You nor Arak International are required to arbitrate a dispute where one party seeks equitable relief for the alleged unauthorized use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Such arbitration shall be initiated solely through the Philippine Dispute Resolution Center, Inc. (PDRCI). Despite the above, We may opt to bring an individual legal action in court. This agreement to arbitrate will remain in effect even if Your relationship with Us ends.
11.2 These Terms will be exclusively governed and interpreted in accordance with the laws of the Republic of the Philippines, without considering any conflicts of law principles.
General Terms
12.1 All provisions of these Terms are subject to applicable Philippine laws, regulations, and government-issued requirements. Both parties agree to comply with such laws and regulations when fulfilling this agreement.
12.2 We reserve the right to report user activities to other users, relevant authorities, or third parties as deemed necessary.
12.3 These Terms represent the complete and exclusive agreement between You and Arak International regarding the System and the Services. They override any prior or contemporaneous communications or agreements, whether written or oral.
12.4 We are not liable for any failure in performance or for the unavailability of the Services if such failure arises from circumstances beyond Our reasonable control. Similarly, We will not be held responsible for any delay or failure to comply with these Terms if caused by events beyond Our control.
12.5 If We do not promptly enforce or exercise a right or interest set out in these Terms, that delay or inaction does not mean We are waiving that right or any other rights under these Terms.
12.6 (Duplicate of 12.4) We will not be liable to You for any lack of performance or unavailability of the Services if it results from a cause beyond Our reasonable control.
12.7 Unless otherwise required by context, references to “including,” “include,” “in particular,” or “for example” are purely illustrative and do not limit the general scope of the preceding words. Words in the singular form include the plural and vice versa, and masculine references include the feminine and vice versa.
12.8 Certain laws require some information or communications to be provided in \writing. By using the Services, You agree to transact with Us electronically. We may contact You by email or provide information by posting notices on the Services. You agree that any contracts, notices, or information We supply electronically meet any legal requirements for written communication.
12.9 Unless otherwise specified, all notices from You to Us must be sent to info@Arakip.com. We may notify You via the email address You provided at registration. Notice is considered received immediately when posted on the Services, or when an email or other electronic message (including SMS) is sent to Your registered contact details. To prove email service, it suffices to show that the email was sent to the correct address.
12.10 If the parties are allowed under these Terms to initiate legal proceedings in court, You and Arak International agree that any claims or disputes relating to these Terms or Your use of the Services shall be brought exclusively in the courts of Makati City, Philippines, and both parties consent to the personal jurisdiction of those courts.
12.11 If any provision of these Terms is deemed unenforceable, illegal, void, or otherwise invalid, that provision will be treated as removed without affecting the remaining provisions’ validity or enforceability.