Terms & Conditions for NEWMARK

Last updated: 1 Aug 2026

These Terms and Conditions govern your use of the Newmark mobile application and the Newmark website (together, the "Service"), operated by Newmark. By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What Newmark is — and what it is not

Newmark is a listing and discovery platform. It lets users publish and browse property and project listings, contact listers and agents, exchange messages, and request viewing appointments.

Newmark is not a real estate broker, agent, lender, valuer or party to any transaction. We do not own, inspect, appraise or guarantee any property advertised on the Service. We do not verify the accuracy of every listing, the identity or licensing of every user, or the outcome of any viewing, negotiation or sale. Any contract you enter into is between you and the other party. You are responsible for conducting your own due diligence, including independent inspection, title verification and professional advice.

2. Eligibility and your account

• You must be at least 18 years old and legally able to enter into a binding contract.
• You must provide accurate registration details and keep them up to date.
• You are responsible for all activity under your account and for keeping your credentials, and the device you sign in from, secure. Notify us immediately of any unauthorised use.
• One person may not maintain multiple accounts to circumvent listing limits, package limits or a suspension.
• You may delete your account at any time, in the app under Profile → Delete account, or at https://newmark.north29capital.com/delete-account-request.

3. Listings

If you publish a listing, you represent and warrant that:

• You own the property or are authorised by the owner to advertise it.
• All details — price, size, location, availability, features and status — are accurate and kept current, and you will withdraw or update the listing promptly when it is no longer available.
• All images, videos and documents are of the actual property and you hold the rights to use them.
• The listing complies with all applicable laws, including advertising, consumer protection and fair housing or anti-discrimination laws.

Listings may be reviewed before publication and may be rejected, edited for compliance, or removed. We may also remove a listing that is reported, appears fraudulent or duplicated, or otherwise breaches these Terms. Removal does not entitle you to a refund where the breach is attributable to you.

4. Prohibited conduct

You agree not to:

• Post false, misleading, fraudulent, duplicate or bait listings, or advertise a property you are not authorised to advertise.
• Post content that is unlawful, defamatory, obscene, discriminatory, harassing or infringes anyone's rights.
• Use the Service to send spam, solicitations or bulk marketing to other users.
• Harvest, scrape or copy listings, images or user data, by any automated means or otherwise, for use outside the Service.
• Interfere with, probe or attempt to gain unauthorised access to the Service, its infrastructure or another user's account.
• Reverse engineer, decompile or attempt to derive the source code of the app, except to the extent this restriction is prohibited by law.
• Impersonate any person or misrepresent your affiliation with any person or entity.

5. Messaging, calls and appointments

The Service provides chat, call and appointment-request features so users can arrange viewings and discuss listings. You are responsible for what you send. Do not share sensitive personal or financial details through chat. We may store messages to operate the Service, respond to reports and enforce these Terms. You can report or block another user from within the app. Appointment requests are arrangements between users; we do not guarantee that any appointment will be accepted, attended or honoured, and we are not responsible for what occurs at a viewing.

6. Packages and payment

• Some features — such as publishing a listing, or publishing beyond a free allowance — require the purchase of a package. Each package sets out its price, what it includes and how long it remains valid before purchase.
• Packages are one-time purchases and do not renew automatically. When a package's validity period or listing allowance is exhausted, it simply ends; you may purchase again if you wish.
• On iOS, packages are sold through Apple's in-app purchase system and charged to your Apple ID. On other platforms, payment is processed by the provider you select — Stripe, Razorpay, Paystack, PayPal or Flutterwave. We do not receive or store your full card details.
• Prices are shown in the currency configured for the Service and may exclude taxes, which are added where applicable.
• Except where a refund is required by applicable consumer law, purchases are non-refundable once the package has been activated. For purchases made through Apple, refunds are handled by Apple under its own terms; we cannot issue refunds for Apple transactions.
• We may change package prices or contents. Changes apply to future purchases and never to a package you have already bought.

7. Your content and the licence you grant us

You keep ownership of the listings, images, videos, documents and messages you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for display, and publish that content for the purpose of operating and promoting the Service. This licence ends when you delete the content or your account, except for copies retained in backups or where we must retain the content by law. You are responsible for having the rights to everything you upload.

8. Our content

The Service — including its software, design, text, graphics and trade marks — belongs to us or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. No other rights are granted.

9. Third-party services and links

The Service integrates third-party services, including Google Maps and Places, Firebase, Google AdMob, and payment providers, and may link to third-party websites. We are not responsible for the content, accuracy, availability or practices of third parties. Your use of those services is governed by their own terms.

10. Suspension and termination

We may suspend or terminate your access, remove content, or refuse service if you breach these Terms, if we are required to do so by law, or if we reasonably believe your conduct exposes other users, us or a third party to harm or legal liability. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination — including sections 7, 8, 11, 12, 13 and 15 — do survive.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy, completeness or reliability of listings or user-supplied content. We do not warrant that the Service will be uninterrupted, secure or error-free.

12. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising from or related to your use of the Service — including any transaction, dispute or interaction with another user. Our total aggregate liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or [LIABILITY CAP AMOUNT]. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

13. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss or expense (including reasonable legal fees) arising from your content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

14. Apple App Store terms

The following applies to the iOS app obtained from the Apple App Store. These Terms are between you and us only, not with Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claim relating to the app, including product liability, regulatory non-compliance, or consumer protection claims, or for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claim relating to the app. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with any applicable third-party terms of agreement when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to conflict-of-law rules. The courts of [COURTS / VENUE] have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive relief in any competent court to protect its intellectual property. Nothing here deprives a consumer of the protection of mandatory rules of the country in which they reside.

16. Changes to these Terms

We may update these Terms. The updated version will be posted here with a revised "Last updated" date, and material changes will be communicated through the Service. Continuing to use the Service after an update means you accept the revised Terms.

17. General

If any provision of these Terms is held unenforceable, the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.

18. Contact

Newmark
Email: kerolos@north29capital.com
Contact form: https://newmark.north29capital.com/contact-us