Live Viewings – Terms and Conditions
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 viewings for our users.
If you register or conduct a Live Viewing on the Platform, you agree to be bound by these Live Viewings Terms and Conditions (“Terms and Conditions”).
These Terms and Conditions, the Terms & Conditions For Agents & Advertisers and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering or conducting 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 conduct a Live Viewing, you must:
If you register or conduct a Live Viewing on the Platform, you agree to be bound by these Live Viewings Terms and Conditions (“Terms and Conditions”).
These Terms and Conditions, the Terms & Conditions For Agents & Advertisers and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering or conducting 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 conduct a Live Viewing, you must:
- possess all the required licenses to advertise and engage in transacting real estate for sale and/or rental
- have obtained the prior written consent of the property owner, or the relevant person or entity acting with the authority of the property owner to conduct the Live Viewing; and
- register the relevant Live Viewing on the Platform, including the date, time, listing and any other requirements notified by Property Finder from time to time.
Restrictions on use of Live Viewings
By conducting 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
- 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.
Contributions
In this section ‘Contributions’, means
information that you share during a Live Viewing.
Your Contributions do not represent the views of Property Finder andProperty 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 or take any further actions that are reserved in the Members Terms and Conditions (For Agents and Advertisers), if it considers that:
Your Contributions do not represent the views of Property Finder andProperty 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 or take any further actions that are reserved in the Members Terms and Conditions (For Agents and Advertisers), 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.
- those Contributions are otherwise in breach of these Terms and Conditions
Furthermore, you represent and warrant that you
will not make any Contributions that:
- infringe the intellectual property rights of any 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.
Intellectual Property
The Live Viewings are conducted by you using
our Platform. You acknowledge and agree that we (or our licensor, as applicable) own all intellectual
property rights in the Live Viewings functionality, the Live Viewing recordings, and the Platform. Except
as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyright,
database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other
rights or licences in respect of the Live Viewings functionality, Live Viewing recordings or the
Platform.
Platform providers
Live Viewings are conducted via YouTube and
conducting 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 and any Live Viewings conducted by you.
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.
The Live Viewings functionality and the Platform 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 functionality and the Platform.
The Live Viewings functionality and the Platform 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 functionality and the Platform.
Governing Law and Jurisdiction
- This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
- Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”)
- Any further dispute, difference, controversy or claim arising out of or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).