Terms of Use

[●] 1st May 2019 (the “Effective Date”)
  • By using this website, you confirm that you accept these terms as the exclusive basis which governs usage of the Website and you agree to comply with them. If you do not agree to any of these terms, you must not use this Website.
  • This agreement (“Agreement”) is made between Buyrentz (“we” or “Buyrentz”) and you (“you” or the “User”).
  1. DEFINITIONS

    In this Agreement, the following capitalised terms shall have the following meaning, except where the context otherwise requires:


    1. “Effective Date” – the date set out at the top of this Agreement.
    2. “Intellectual Property Rights” – all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
    3. “Material” – material and content published on the Website or otherwise provided by Buyrentz in connection with the Service.
    4. “Registration Details” – such details as a User must provide on registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
    5. “Service” – the provision of the Website as a property portal.
    6. “Unacceptable” – any material or information uploaded to or made available on the Website which under the laws of any jurisdiction from which the Website may be accessed may be considered:
      1. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
      2. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
      3. in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or;
      4. harmful to Buyrentz’s reputation.
    7. “User Material” – material and content posted on the Website by a User or otherwise provided to Buyrentz by a User in connection with the Website or the Service.
    8. “Website” – Buyrentz website located at www.dev.buyrentz.com
  2. TERMS AND CONDITIONS WHICH APPLY TO USERS
    1. In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
    2. The User hereby warrants and represents to Buyrentz that it is at least eighteen years of age and legally able to enter into contracts.
    3. Buyrentz reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to Buyrentz by a User.
    4. The User’s Registration Details and data relating to its use of the Website will be recorded by Buyrentz but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.5 below) nor used for any purpose unrelated to the Website. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.
    5. The User hereby authorises Buyrentz to use any information which it submits to this Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.4 above, Buyrentz will not use User data for any other purposes than as set out in this Agreement except that Buyrentz may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
    6. If the User does not wish Buyrentz to use its information as set out in Clause 2.5 above, it should leave the Website before submitting its personal details.
    7. If the User does not want Buyrentz to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to legal@dev.buyrentz.com and insert unsubscribe as the subject heading of such message.
    8. You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.
    9. Buyrentz reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, Buyrentz will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity. Buyrentz ’s rights under this Clause 2.9 shall not prejudice any other right or remedy Buyrentz may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
    10. Buyrentz reserves the right to bring civil and/or criminal proceedings against any User for improper use of the Website, including (without limitation) soliciting, or attempting to solicit, agencies using content on the Website or using images or content on the Website for their own use. This Clause 2.10 applies whether or not such User has registered on the Website.
    11. For the avoidance of doubt, Buyrentz is providing a service not goods.
    12. All Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof belong to Buyrentz or its licensor(s), as applicable. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text.
    13. Buyrentz takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Buyrentz liable in relation to such issues, Buyrentz requests all Users to report such matters immediately to Buyrentz , and Buyrentz shall inform the appropriate authorities.
    14. Users will be invited to send comments to Buyrentz by email relating to the integrity and performance of other Users.
    15. The following restrictions shall apply to all Users. You must:
      1. not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system;
      2. not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
      3. not use any automated software to view the Service without consent and only access the Service manually;
      4. not use the Service other than for your own personal use or as an agent listing properties for sale and to rent;
      5. not attempt to copy any Material or reverse engineer any processes without Buyrentz ’s consent;
      6. not use any Service in any manner that is illegal, immoral or harmful to Buyrentz;
      7. not use any Service in breach of any policy or other notice on the Website;
      8. not remove or alter any copyright notices that appear on the Website;
      9. not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
      10. not interfere with any other User’s enjoyment of the Website or the Service;
      11. not transmit materials protected by copyright without the permission of the owner; and
      12. not conduct yourself in an offensive or abusive manner whilst using the Website or the Service.
    16. By submitting User Material on the Website or otherwise, the User grants Buyrentz a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. Buyrentz will not pay the User any fees whatsoever for the User Material and reserves the right in its sole discretion to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and/or authorisations in respect of the User Material necessary to grant Buyrentz these rights.
    17. Buyrentz permits the User to post User Material on the Website in accordance with Buyrentz’s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to Buyrentz. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.
  3. LIMITATION OF LIABILITY
    1. Buyrentz shall not be liable for any:
      1. consequential, indirect or special losses;
      2. loss of profit;
      3. loss of or corruption to data;
      4. loss of use;
      5. loss of production;
      6. loss of contract;
      7. loss of opportunity;
      8. loss of savings, discount or rebate (whether actual or anticipated); or
      9. harm to reputation or loss of goodwill,

      (in the cases of paragraphs ‎3  (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with this Agreement or for any liability of a User to any third party.

    2. Whilst Buyrentz will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.
    3. The Website includes information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by Buyrentz and Buyrentz shall not be liable for any material which may be deemed Unacceptable.
    4. Buyrentz does not guarantee that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. Buyrentz may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.
    5. Buyrentz is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
    6. Buyrentz is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.
    7. Buyrentz does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. Buyrentz has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
    8. The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and Buyrentz shall have no liability in respect of the same.
    9. None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Buyrentz or its appointed agents.
  4. INDEMNITY
    1. The User agrees to defend, indemnify and hold harmless Buyrentz, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of the Website or the Service, and/or (b) your breach of any term of this Agreement. As far as the law allows, this defence and indemnification obligation will survive termination, modification or expiration of this Agreement and your use of the Website and the Service.
  5. GENERAL
    1. Subject to Clause ‎5.2, this written Agreement, the Privacy Policy set out below and any other expressly incorporated document constitute the entire agreement between the parties to this Agreement and neither party has relied on any representation made by the other party unless such representation is expressly included in this Agreement. Nothing in this Clause ‎5.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
    2. Buyrentz reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to using the Website again in the future, Users should check that the Effective Date has not altered. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.
    3. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
    4. Buyrentz reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. The User may not assign or otherwise transfer its rights or obligations under this Agreement without Buyrentz’s prior written consent.
    5. Any notice given pursuant to this Agreement may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Buyrentz of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
    6. Buyrentz shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
    7. Any delay or forbearance by Buyrentz in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
    8. The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.
    9. This Agreement shall be governed by and construed in accordance with the law of the Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction to save that Buyrentz may take action in any relevant jurisdiction to enforce its Intellectual Property Rights.
    10. All website design, text, graphics, the selection and arrangement thereof are Copyright © 2020, dev.buyrentz.com, ALL RIGHTS RESERVED.
    11. Buyrentz.com is a trademark of Buyrentz  or its subsidiaries and may be registered in certain parts of the world.
  6. SUSPENSION/TERMINATION OF SERVICE AND REFUND POLICY
    1. Buyrentz has the right to suspend a User’s access to the Service as per the Terms & Conditions of the Agreement entered between the two parties.
    2. Buyrentz reserves the right to terminate a User Agreement at its discretion if it deems such termination appropriate, notifying the User by email. If it does so, Buyrentz will provide a pro-rated refund based on the service used in the form of cheques or refund on the card.
    3. In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.

 

Privacy Policy

We take your privacy very seriously and are committed to protecting the privacy of all visitors and subscribers to our Website or any application we make available via an app store (the “Application”, together with the Site, the “Platform”), and the corresponding services available through the Platform (“Services”).

Below we set out our privacy policy, which will govern the way in which we process any personal information that you provide to us. We will notify you if the way in which we process your information is to change at any time.

Please read this privacy policy carefully as it contains important information on who we are and how we collect, store, use and share your information. By accessing the Platform or using our Services or otherwise indicating your consent, you agree to, and where required, consent to the collection, use and transfer of your information as set out in this policy. If you do not accept the terms of this policy, you must not use the Platform and/or the Services. This privacy policy supplements other notices and privacy policies and is not intended to override them.

This privacy policy: (i) applies only to the Platform and not to website or applications of any other companies or organisations; and (ii) specifically addresses our obligations pursuant to the law of the United Arab Emirates.

The data we collect about you

When you visit the Website or the Application, or create a login in and password to access the Services, you may be asked to provide information about yourself. This may include: (i) your name and contact details, including email address and telephone number; (ii) information to enable us to check and verify your identity; (iii) location data; (iv) your billing information, transaction and payment information and history; and (v) such other information as we may from time to time require to provide the Services and comply with applicable law. You agree and, where required. consent to, the collection of information about your usage of the Platform and the Services and information from messages and communications you send to us.

This information is required to provide the Services to you. If you do not provide such information, it may delay or prevent us from providing the Services.

This privacy policy will also apply when accessing the Platform and/or the Services from mobile technology (such as mobile phones, tablets or other device). Unless you have chosen to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Services and access the Platform from mobile technology.

Calls between you and Buyrentz, or between you and third parties made through Buyrentz (such as real estate agents you contact about a property through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. Buyrentz uses a third-party service provider to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, Buyrentz and its service provider will receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.

Who we share your personal information with

Your personal information (which includes your name, phone number, email id, address and any other details you provide to us which concern you as an individual) may be processed both by us and by other companies within our group. Each of the companies in our group authorised to process your information will do so in accordance with this privacy policy.

We may also share your information with: (i) third parties we use to help deliver our products and services to you (for example, payment service providers); (ii) other third parties we use to help us run our business (for example, marketing agencies or website hosts); and (iii) third parties approved by you (for example, social media sites you choose to link your account to or third party payment providers).

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may use or share the information you provide to us if we are under a duty to disclose or share your information in order to comply with any legal obligation or in order to enforce any obligation against you or to protect the rights of us and our affiliates. This may include the exchange of information with other companies and organisations for the purposes of fraud protection and prevention.

We may also need to share some personal information with our affiliates, subsidiaries and third parties (such as real estate agents that use the Website) or during a re-structuring of our business. Usually, personal information will be anonymised but this may not always be possible. The recipient of such personal information will be bound by confidentiality obligations.

Purpose of processing

Your information will allow us to provide you with access to the particular parts of the Platform relevant to you and allow us to supply the Services you require.

We will use your information for the purpose of fulfilling service orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking services or customer research/development.

Your information may be used by us to contact you for your opinions on the Platform, the Services and our business, and to notify you of changes or developments to the Platform, the Services and our business.

Disclosure of information

In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. 

 

Cookies

We may send a small file to your computer or device when you visit our website (a “cookie”). This will enable us to identify your computer, track your behaviour on our website and to identify your particular areas of interest so as to personalise and enhance your experience on this website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. You can set your browser to reject cookies but this may preclude your use of certain parts of the Platform.

If you participate in or inquire about any lead, referral or similar service we may offer, we may use the information you submit, as well as other data we might have or obtain ourselves or from other sources, to determine which of our participating Professional(s) may be willing, able and/or compatible to serve your needs or possible interests and to assist them or others in doing so. We may forward or share information relating to you, which may include such information as well as personal information obtained through our sign-up form or otherwise, to certain Professional(s). Those Professionals or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. “Professional(s)” means individuals, companies and other organizations or persons acting as real estate professionals or otherwise engaged in a business relevant to the Website.

Third party vendors, including Google and Facebook, use cookies to serve ads based on a user’s prior visits to the Website. Google and Facebook’s use of cookies (in Google’s case, the DART cookie) enables them and their partners to serve ads to users based on their visits to the Website and/or other sites on the Internet. Users may opt out of (i) the use of the DART cookie by visiting the advertising opt-out page; and (ii) Facebook’s cookies by visiting Facebook’s advertising preferences page.

Security measures

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

We also have procedures in place to deal with any suspected data breach. We will notify you and any applicable regulator or authority of a suspected data security breach where we are legally required to do so.

You are solely responsible for keeping your password and other account details confidential. If you have concerns about your password, account details, or are suspicious about any unauthorised use of your account, you should contact us immediately. We can deactivate or suspend your account at any time.

Access to information

You may ask us whether we are storing personal information about you by emailing our admin department via the Contact page and, if you wish and upon payment of a fee of AED 150, we will provide you with a copy of the personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.

Inquiries

If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please contact our admin department via the Contact page. If at any time you wish us to cease processing your information please send a message to our admin department and insert “unsubscribe” as the subject heading.

Payment Data

We employ a third-party provider for processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes. We do not have access to or retain any of your payment information.

Updates to policy

We reserve the right to vary this from time to time. Our updated policy will be displayed on the Website, and by continuing to use and access the Platform, following such changes, you agree to be bound by any variation made by us. It is your responsibility to check this policy from time to time to verify such variations.