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Property Finder Mobile App – Terms of Use


INTRODUCTION

Please read these terms and conditions carefully

By clicking “accept” you confirm that you are aged 18 years or over, and agree to be bound by these terms and conditions (the “Agreement”). If you are aged below 18, or do not agree to be bound by this Agreement, click “decline” or delete the Property Finder App (the “App”).



Who we are

The App is owned and operated by Propertyfinder FZ LLC (commercial registration number 16330) with registered office at office 1505 in Shatha Tower, Dubai Media City, Dubai, UAE (“we”, “us” and “our”).



About this Agreement

  1. Part A sets out the end user license agreement (EULA) for your use of the App.
  2. Part B governs how the services are offered via the App.
  3. Part C sets out the general terms of the legal relationship between you and us.

Contact us

If you would like to learn more about the App or have any problems, questions or complaints, you may email us at apps@propertyfinder.ae.



Part A: End User License Agreement (EULA)

The App

The App is made available to you free of charge via the Apple App Store and Google Play Store. In order to download the App, you will need to agree separately with Apple’s or Google’s terms of use.


You may download, install and use the App on any mobile device running iOS (version 14.0 or above) or Android (version 5.0 or above)] operating system.


We will from time to time make available App updates to improve performance, fix bugs or errors, enhance functionality, reflect changes to the operating system or address security issues. We recommend that you install these updates, and in the case of major updates, the App and/or services may not function unless you install these major updates.


In consideration for you agreeing to comply with this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your mobile device subject to this Agreement. We reserve all other rights.



Our responsibilities to you

We will only process your personal information in accordance with our Privacy Policy and our Cookies Policy. It is important that you carefully read the information set out in our Privacy Policy and our Cookies Policy.


We may improve or change the App user experience, but we cannot guarantee the App or the services will meet your expectations, nor the quality of the App or services, including fitness for any particular purpose.


We will use reasonable endeavours to make the App and the services available, but we cannot guarantee the App and the services will always be available, error-free or uninterrupted since this depends on a number of factors outside of our control, and there may be periods of downtime for maintenance and upgrade work from time to time.


We recommend that you maintain a stable internet connection in order for the App and services to function, but we will not be responsible or liable for any delays, failures, or any other loss or damage resulting from the transfer of data over the internet. As we do not control the security of the internet or other networks you use to access the App and services, we are not responsible for the security of information that you choose to communicate with us while it is being transmitted or for any data lost during transmission. You are solely responsible for obtaining and maintaining the security of your mobile device and other equipment that you use to access the App and services, and for paying for such mobile device, equipment and any telecommunications charges.


We will use reasonable endeavours to make available security protocols to protect the App, but we cannot guarantee the App will be free from viruses or vulnerabilities, nor will we correct any errors or deficiencies.


We will use reasonable endeavours, where reasonably practicable and lawfully permitted, to give you advance notice if we need to suspend or withdraw your access to the App if we believe there is any threat to the functionality, security, integrity or availability of the App.


We may make available third party content on the App, but we will not be responsible or liable for any such third party content nor any transaction between you and any third party. We recommend you refer to the terms and conditions (including the privacy policies) of those third parties.


We may need to make changes to the App and services as a result of any change or unavailability of third party content or any third party service provider. We will not be liable to you if we need to make changes to or cease making available any third party content.



Your responsibilities to us

You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner contrary to this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system.


You must not infringe our intellectual property rights or those of any third party (except to the extent your use of the App is expressly permitted by this Agreement).


You must not transmit any material that is (a) defamatory, offensive, unlawful or otherwise objectionable in relation to your use of the App; (b) against the customs or norms of the region in which this App is referred to; or (c) that includes prohibited content.


You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.


You must not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.


You must not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person.


You must not copy the App, except as part of the normal use of the App or where it is reasonable necessary for a back-up purpose.


You must not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on mobile devices permitted by this Agreement.


You must not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.


If you choose, or you are provided with, a user login, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We may disable any user login or password, whether chosen by you or allocated by us, at any time, if we believe you have failed to comply with any provision of this Agreement.


If you know or suspect that anyone other than you knows your user login or password, you must promptly notify us and change your account password.


If you install the App on any mobile device not owned by you, you must have the owner’s permission to do so. You will still be responsible for complying with this Agreement, whether or not you own the mobile device on which the App is installed.



Part B: Services

Your Property Finder Account

In order to use the App, you may register an account with us via the App. You must be an individual of at least 18 years of age.


All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We will not be responsible for any loss arising from your failure to do so. We may ask you at any time to confirm the accuracy of your information and provide additional supporting documents.


You may only use your Property Finder account for your own personal use and only for lawful purposes. You may not use your Property Finder account for fraudulent or other illegal activities, or to impersonate another person or in a manner harmful to us or our affiliates, other users or customers, or any other third party.


You may deactivate your Property Finder account and end this Agreement at any time by contacting us. You can also deactivate your account on iOS under the “My Account” tab. For Android, you can contact us at support@propertyfinder.ae to deactivate your account.



Our services

We are not an estate agency. We provide a service through the App whereby agents may market and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding enquiries directly from you. Other than to facilitate introductions between you and the relevant agent when you make an enquiry about a property, we do not get involved in any further communications between you and agents and we do not participate in any part of the transaction.


Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.

You are responsible for:

  1. checking, confirming and satisfying yourself as to the accuracy of any Details;
  2. instructing a surveyor and/or obtaining legal advice before committing to any purchase; and
  3. ensuring that you act in good faith towards any other parties.

You represent and warrant that your use of the App will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of the App including all amendments and revisions to these Terms in accordance with Clause 4 (Changes to the Agreement) herein.



Security

When you register an account with us, you will be asked to provide your email address and create a password. Any password you create (including when you update your password from time to time) must be a “strong” one, comprising a combination of at least eight characters, made up of letters, numbers, and symbols. Additionally, the password must not be easily guessed (such as, for example, your date of birth). You must keep your details secure and confidential at all times. You must not disclose your password to anyone else. You should not write down your email address and password together in the same place and you must take care that nobody sees (or overhears) you when entering your details into the App.


If you forget your password, you can click the ‘forgot password’ link under the “My Account” tab on the login page where you will be guided through the steps for replacing your password.


If your correct login details are used to access your account, we will assume that you are the person accessing it and you will be responsible for such use. You must notify us immediately by emailing support@propertyfinder.ae upon discovering or suspecting that your login details or the mobile device on which you downloaded the App have been lost or stolen or that anyone else has learned your login details or that there has been any unauthorised use of your account. Until you do, your Account will not be secure. Upon contacting us, we will lock your account to prevent anyone else from using it. We will then work with you to update your password and unlock your account.



Part C: General Terms

Collection and use of information about you, your device and your preferences

By using the App and the services, you agree to us collecting and using technical information about the mobile devices on which you use the App and related software, hardware and peripherals to improve our products and to provide services to you.


Subject to applicable law (including in relation to applicable data protection legislation) and our Privacy Policy, you grant us the right to use all or any information which you provide to us or we collect from you in connection with this Agreement or your use of the App or the services in order to create anonymised and/or aggregated data, information, statistics, analyses or reports.



Intellectual property rights

All intellectual property rights in the App and the services throughout the world belong to us (or our licensors) and the rights in the App and the services are (if applicable) licensed (not sold) to you in accordance with this Agreement and you are granted such licence until the Agreement is terminated by either Party in accordance with this Agreement. You have no intellectual property rights in the App or the services other than the right to use them in accordance with this Agreement.



Changes to this Agreement

We may revise this Agreement from time to time without notice. Each time you wish to use the App, please check this Agreement to ensure that you understand the terms that apply at that time. In addition, we may also update and change the App from time to time without notice.



Our responsibility for loss or damage suffered by you

To the extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of the use or inability to use the App; or the use of or reliance on any content displayed on the App.


To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content on it.


We will not be liable for any loss or damage arising under or in connection with:

  1. any failures due to software errors or unavailability, or any other circumstances beyond our reasonable control;
  2. any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your mobile device and/or your account;
  3. the use of, or inability to use, our App;
  4. the reliance on any content or information displayed on our App;
  5. any direct, consequential, special or punitive loss, damage, costs and expenses;
  6. loss of profit;
  7. loss of business;
  8. loss of reputation;
  9. depletion of goodwill; or
  10. loss of, damage to or corruption of data.

Unless we otherwise expressly agree in writing, the App and the services are provided for personal use only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the services. Although we make reasonable efforts to update the information provided by the App and the services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.


We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the services.


We do not guarantee that the App will be secure or free from errors, bugs or viruses. We are not liable to you or anyone else for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your mobile device, data or other proprietary material due to your use of the App.


If you enquire about a property on the App, you acknowledge and agree that your details will be sent by email or other communication means, such as WhatsApp, directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not


accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.



Termination for breach of this Agreement

We may end your rights to use the App and services at any time by contacting you if you have breached this Agreement in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.


If we end your rights to use the App and services:

  1. you must stop all activities authorised by this Agreement, including your use of the App and services;
  2. you must delete or remove the App from all mobile devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and/or
  3. we may remotely access your devices and remove the App from them and cease providing you with access to the services.

General

We may transfer our rights and obligations under this Agreement to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.


You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing. This Agreement does not give rise to any rights to third parties to enforce any term of this Agreement.


If any term of this Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.


This Agreement and any documents referred to or incorporated in the Agreement constitute the entire agreement between us and replaces all previous agreements and understandings between them, relating to its subject matter.


This Agreement and any non-contractual obligations arising in connection with this Agreement and your use of the App shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) in the Emirate of Dubai, United Arab Emirates. You agree to submit to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC).