Live Viewings – Terms of Use
DISCLAIMER
Live Viewings are conducted by our
customers. The information communicated in a Live Viewing does not represent the views of Property
Finder.You rely on a Live Viewing completely at your own risk. Property Finder makes no warranty as to the
accuracy or reliability of the information contained or communicated in a Live Viewing and Property Finder
and its related entities, directors, officers and agents disclaim all liability and responsibility for any
direct or indirect loss or damage which may be suffered by you through relying on anything communicated in
a Live Viewing.
Propertyfinder FZ LLC (“Property
Finder”) has launched a virtual property viewing functionality
(“Live Viewings”) on the propertyfinder.ae platform, which includes its
website and app (“Platform”) to enable more efficient and convenient
property viewers for our users.
If you sign up for, or attend a Live Viewing on the Platform, you agree to be bound by these Live Viewing Terms of use (“Terms of Use”).
These Terms of Use, the Terms and Conditions for Users and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering for or attending a Live Viewing or our Platform, you are deemed to have accepted these Terms.
We reserve the right to change any or all of our Terms at any time by publishing the new terms on our Platform. Should you object to any of our Terms your sole option is to immediately cease your use of our Platform.
To attend a Live Viewing, you must:
If you sign up for, or attend a Live Viewing on the Platform, you agree to be bound by these Live Viewing Terms of use (“Terms of Use”).
These Terms of Use, the Terms and Conditions for Users and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering for or attending a Live Viewing or our Platform, you are deemed to have accepted these Terms.
We reserve the right to change any or all of our Terms at any time by publishing the new terms on our Platform. Should you object to any of our Terms your sole option is to immediately cease your use of our Platform.
To attend a Live Viewing, you must:
- register to attend the relevant Live Viewing on the Platform; and
- accept these Terms of Use
Information disseminated in a Live Viewing or
on our Platform should not be regarded as a substitute for professional legal, financial or real estate
advice.
Restrictions on use of Live Viewings
In accessing a Live Viewing, you agree that you
will not:
- use any automated device, software, process or means to access, record, retrieve, scrape, or index the content in the Live Viewing or on our Platform;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Live Viewing or on our Platform;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- use the Live Viewings in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any of the Terms or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means
we deem necessary to prevent unauthorised access to or use of our Live Viewings functionality or our
Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to
any person or entity.
Third party links and advertising
Live Viewings may contain advertisements,
hyperlinks and pointers to websites operated by third parties, such as the relevant real estate agency /
broker conducting the Live Viewing. Those third-party websites do not form part of our Platform and are
not under the control of or the responsibility of Property Finder. Property Finder makes no warranty as to
the accuracy or reliability of the information contained on any third party websites, and disclaims all
liability and responsibility for any direct or indirect loss or damage which may be suffered by you
through relying on anything contained on or omitted from such third party websites.
Contributions
In this section ‘Contributions’, means
information that you share on our Platform as permitted
under the Terms, which may include but is not limited to questions you ask during a Live Viewing.
Property Finder may at any time, without
liability to you, remove, alter or disable access to any or all of your Contributions in its sole
discretion without prior notice to you. Without limiting the previous sentence, Property Finder may remove
or disable access to any or all your Contributions if it considers that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of Property Finder or any other third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions are misleading or deceptive, inappropriate having regard to the purpose of Live Viewings, likely to cause offence, materially incorrect, obscene, defamatory or otherwise unlawful.
You grant Property Finder a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable
licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and
display and publicly perform your Contributions throughout the world in any medium, whether currently in
existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce,
adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as
permitted by Property Finder and these terms.
You acknowledge and accept that in order to
deliver the service to you, Property Finder must process and store your IP address.
You represent and warrant that you own and
control all of the rights to the Contributions or you have the lawful right including all necessary
licences, rights, consents, and permissions to use and authorise Property Finder to display the
Contributions.
You represent and warrant that you will not
make any Contributions that:
- infringe the intellectual property rights of Property Finder or any other third party;
- are misleading or deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our platform.
Platform providers
Live Viewings are conducted via YouTube and
your attendance at a Live Viewing is also subject to YouTube terms of use (https://www.youtube.com/t/terms).
Indemnity
You agree to indemnify and hold Property Finder
and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss,
liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with
your use of and access to Live Viewings and our Platform.
Limitation of liability
IN NO EVENT SHALL PROPERTY FINDER BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL,
DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER
CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED
BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PLATFORM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF PROPERTY FINDER AND ITS
RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO AED1000.
Live Viewings are provided on an “as is” and
“as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all
other warranties, including without limitation, implied warranties or conditions of merchantability,
fitness for a particular purpose, or non-infringement of intellectual property or other violation of
rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or
reliability of Live Viewings.
Governing Law and Jurisdiction
These Terms and Conditions will be governed by
and construed in accordance with the laws of the United Arab Emirates as applicable in Dubai and you
irrevocably and unconditionally submit to the jurisdiction of the courts of Dubai.
Contact Details
If you have any queries, complaints or
recommendations about the Platform or the Live Viewings feature, please contact us at the following
address: info@propertyfinder.ae.