TERMS OF USE

1.1 Santy Technology FZ-LLC (“Santy“) is a Free Zone limited liability company incorporated in the Emirate of Dubai with commercial license number 94749 having its registered address at Shared Desk No. 58, Ground Floor, Building 07, Dubai, United Arab Emirates. U C F Real Estate (“Broker“) is a sole establishment incorporated in the Emirate of Dubai with commercial license number 796680 having its registered address at Shop 01,D02,CBD,Internation city, Dubai, UAE

1.2 Santy is the owner of the application known as [Hi Sandy] (“Application“) and owns all of the rights thereto. Santy and the Broker have agreed that (a) the Broker shall be provided with the right to operate the Application; and (b) Santy shall maintain the Application and assist the Broker with any technical matters required for its operation. Through using the Application, the users of the Application may find the real estate properties they would like to purchase or rent in the United Arab Emirates, the said real estate properties may include but not limited to complete new, secondhand, off plan ones available in the United Arab Emirates.

1.3          Access to and use of the Application is provided to you by Santy and any transactions on it is carried out with the Broker (Santy and the Broker, together being “we” or “us”) on the terms set out below (“these Terms“).  By accessing and using this Application, whether by a mobile device or other device, in any format, you agree to be bound by these terms. We recommend that you print a copy of these terms for future reference.

1.4          We reserve the right to change these Terms time to time without notice to you, and so should be checked regularly while you are using this Application.  Continued use of this Application after such changes will be deemed to be acceptance by you of the updated or amended terms.

1.5          By entering the details requested in this Application you are entering into an agreement for the provision our real estate brokerage services within the United Arab Emirates in accordance with these Terms.

2. INFORMATION ABOUT US

2.1          Our corporate registration information is provided in Section 1 above. The Broker’s VAT registration number is TRN 100566984900003

2.2          Santy is regulated by Dubai Creative Cluster Authority and the Broker is regulated by Department of Planning & Development Ports, Customs & Free Zone Corporation (Trakhees). 

3. USE OF THIS APPLICATION

3.1          You agree to use this Application only for lawful purposes, for your own personal or internal business use.  No reliance may be placed upon the contents of this Application by you for any purposes.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Application.

3.2          We shall not be liable if, for whatever reason, this Application is unavailable at any time.  Access to this Application may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. ACCOUNT DETAILS

4.1          If you establish an account with us via this Application, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2          If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at info@hi-sandy.com.

5. COPYRIGHT

5.1          All Santy trade-marks, design rights, patents and other intellectual property rights on this Application are vested in Santy or individual companies within the Santy or their licensors.  Any products, technology or processes and their handbooks or materials may be subject to intellectual property rights owned or licensed by us or third parties.  All copyright notices in the original materials must be retained.

5.2          You shall retain your rights in any content you submit to the Santy via this Application. You grant the Santy a worldwide, non exclusive, royalty free licence to use, copy, reproduce, process, modify, publish, transmit and display the content on any other Santy site or for any other purposes. You confirm that you have all the necessary rights to grant the Santy this licence.

5.3          This Application may not be modified, disassembled, decompiled or reverse engineered in any way. No part of the Application may be reproduced or stored in any other application, website or similar without our permission.

6. PAYMENT

6.1           You are obliged to pay the Broker a service charge in the amount of what indicates on this Application in relation to the real estate property you find through this Application (“the Service Charge”). The Broker has agreed and authorized Santy to receive the Service Charge on behalf of the Broker. For the avoidance of doubt, the Broker acknowledges and confirms that your payment obligations under this clause shall be deemed discharged once Santy has received the payment from you on the Broker’s behalf.

6.2          We accept payment with Visa and Master Credit Cards with the currency of the United Arab Emirates Dirhams or any other currency which we may accept from time to time at our sole discretion.

               Should you prefer to pay the Service Charge in cash, please contact us at phone number 04-5656182 or email us at info@hi-sandy.com.

               Once the payment is made, the confirmation notice will be sent to your inbox under your account of this Application within 24 hours of receipt of payment.

6.3          The Service Charge is automatically payable by the payment method you register with us when you are setting up your account on this Application in accordance with the instructions and steps showing on this Application when you find the real estate property(ies) that you would like to purchase or rent through this Application (“Standard Payment Period”).  You agree that your acceptance of these Terms does not require further action on our part in order for us to process the payment of the Service Charge.

6.4          You agree that the Service Charge is payable by you to the Broker (to be received by Santy on the Broker’s behalf) in accordance with clause 6.3 even if you contact the seller and/or landlord of the real estate independently of this Application or purchase the real estate property through a different real estate broker or agent, or through a different application that is similar to this Application.

6.5          It is your responsibility to ensure that your credit card contains sufficient credit in order to pay the Service Charge when it is due and payable.  In the event that your credit card does not contain sufficient funds at the date that the Service Charge is due and payable and payment of the Service Charge is not made to the Broker (to be received by Santy on the Broker’s behalf), then we shall give you notice in writing of your failure to make the payment of the Service Charge and we may, at our sole discretion, provide you a further three (3) days from the date of that notice to make payment (“Extended Payment Period”).

6.6          In the event that the Service Charge has not been made to us within the Standard Payment Period or, if we elect to allow it, the Extended Payment Period, then:

                6.6.1      we shall immediately cease your access to this Application; and

6.6.2      without prejudice to any other remedies under these Terms or in law, we reserve the right to sue you or the value of the Service Charge, as well as any other losses and damages, whether direct or indirect, that are incurred by us, plus our costs, legal or otherwise, of that claim or action.

6.7          If you do not pay the Service Charge to the Broker (to be received by Santy on the Broker’s behalf ) within the Standard Payment Period, we may charge a penalty to you on the overdue amount at the rate of nine percent (9%) a year on the value of the Service Charge from the date of expiry of the Standard Payment Period. This penalty shall accrue on a daily basis from the date of expiry of the Standard Payment Period until the date of actual payment of the Service Charge, whether before or after judgment. You must pay us this penalty together with the Service Charge.

6.8          In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision of this Application or the Service Charge, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such services to any invoices issued under or in connection with these Terms from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the Service Charge.

6.9          If the rate of VAT changes between the date that you have agreed to purchase or rent the real estate property and the date that the Service Charge is paid to us, we will adjust the rate of VAT that you pay, unless you have already paid the Service Charge in full before the change in the rate of VAT takes effect.

6.10        In the cases of fraudulent or disputed transactions the users should refer to their credit card provider. In all instances of payments, the user is liable for any levied charges by the bank(s) or the credit card clearance provider.

6.11 You must retain a copy of transaction records of the payment(s) you have made and a copy of these terms and conditions.

7. REFUND

7.1 Refund of the Service Charge you have paid is possible only in the event that the transaction (either for purchasing or renting) in relation to the real estate properties found by you through this Application could not be proceeded and/or eventually fully completed ( i.e. in the event of transaction for purchasing, the transfer or issuance of the title deed is not completed or achievable; in the event of transaction for renting, the tenancy/lease agreement is not executed) due to any reason (either for purchasing or renting) whatsoever for which you are not liable (the “Refund”).

For the avoidance of doubt, the Refund shall not in any way for any reason whatsoever include the bank charges charged by your bank(s) and the charges for VAT (if any) when you made the payment for the Service Charge (either through credit card or in cash).

7.2 The Refund will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card. In the event that the Service Charge is made in cash, the Refund will be processed within 7 to 14 days.

8. Cancellation Policy

8.1 No Cancellation is allowed once the payment for the Service Charge has been made.

9. BREACH OF APPLICATION TERMS

9.1          If we consider that you have breached any of these Terms we may take such action that we consider appropriate including, but not to be limited to:

(a)          an issue of a warning to you;

(b)          legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(c)           further legal action against you;

(d)          immediate, temporary or permanent withdrawal of your right to use this Application;

(e)          disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.2          We exclude liability for actions taken in response to breaches of these Terms and Conditions.  The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

10. DISCLAIMERS

10.1        Your access to and use of the Application is at your own risk.  This Application is provided on an ‘as is’ basis. Santy makes no warranties, representations or undertakings about any of the content of this Application (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content). 

10.2        Neither Santy, the Broker, nor any of their individual member companies, shall be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, this Application.

10.3        We do not endorse or approve the content of any third party site, nor will we have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any third party site infringes any law or the rights of any person or is obscene, defamatory or scandalous).

10.4        We do not warrant that functions, materials and information available on this Application (and/or linked to this Application) will be uninterrupted or error free, that defects will be corrected, or that this Application or its server are free of viruses or bugs and other items of a destructive nature.  You are responsible for implementing sufficient procedures and virus checks (including anti virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.

10.5        You must not misuse this Application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Application, the server on which this Application is stored or any server, computer or database connected to this Application. You must not attack this Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the United Arab Emirates’ Federal Decree Law No. 5 of 2012, as well as potentially other laws in other jurisdictions, including your own if you are not within the United Arab Emirates. We fully reserve our rights, and in some cases may be legally obliged to, report any such breach to the relevant law enforcement authorities and to disclose your identity to them. In the event of such a breach, your right to use this Application will cease immediately.

10.6        We reserve the right to, and you agree that we may, restrict you from accessing this Application at our convenience without notice to you.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1        We may use your personal information as set out in our Privacy Policy. By registering your details and agreeing to these Terms you expressly agree to be bound by the Privacy Policy, the terms of which are expressly incorporated by reference into these Terms.

12. GENERAL

12.1       Our failure or delay to exercise or enforce any right in these terms does not waive its right to enforce that right.

12.2       If any term of these terms becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

12.3        Notices issued under these Terms shall be made in writing, and sent to the parties in the following manner:

                12.3.1    By you to us – by email, using the email details shown in clause 22 of these Terms;

                12.3.2    By us to you – at our sole discretion, by email or by phone messaging system (for example, short messaging system or whatsapp, or similar), or by means of a written notice sent by express courier or facsimile message, using the details you provide to us when registering your details with the Application, unless otherwise agreed in writing by the Parties. 

In proving service of a notice it shall be sufficient to prove that delivery of the email, phone messaging system or written notice was made to the email address, phone number, or address registered with this Application, or that the facsimile message was properly addressed and dispatched (with an error-free transmission report being generated for that facsimile transmission), as the case may be. 

Either Party may designate a different contact details by providing notice to the other given in accordance herewith.

13. LIMITATION OF LIABILITY

13.1        Nothing in these Terms and Conditions excludes or limits your or our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of Emirate of Dubai and the laws of the United Arab Emirates. 

13.2        To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Application or any content on it or linked to it, whether express or implied. 

13.3        We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)          use of, or inability to use, this Application, including any third party applications, websites or content that may be linked to this Application; or

(b)          use of or reliance on any content displayed on this Application. 

13.4        We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Application or to your downloading of any content on it, or on any application, website or content linked to it.

14. LINKS TO AND FROM OTHER WEBSITES

In all cases where this Application contains links to other sites and resources provided by third parties, these links are provided for your information only and are used by you at your own risk. We have no control over the contents of those sites or resources and, as such, make no warranties or assertions as to their content.

15. USER GENERATED CONTENT

15.1        This Application may include information and materials uploaded by other users of the Application, including to bulletin boards and chat rooms. Such information and materials have not been verified or approved by Santy. [The views expressed by, or content uploaded by, other users on this Application do not represent our views or values, and while we may take steps from time to time to remove views or content which we consider inappropriate, we are not liable for any content or views expressed by or uploaded by users of this Application and you agree to waive any claims you may have against us arising from the publication of these views or content on this Application by you or other users.]

15.2        If you wish to complain about information and materials uploaded by other users please contact us on info@hi-sandy.com.

16. UPLOADING CONTENT TO OUR APPLICATION

16.1        Uploading content to this Application is always subject to our prior review and approval. We have the full discretion in determining whether granting approval to users for uploading content to this Application.   

16.2        You warrant that any such contribution does comply with relevant laws and regulations, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

16.3        Any content you upload to our application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content for the purposes of your use of this Application including distributing it and making it available to third parties for the purposes of this Application.

16.4        We reserve the right to disclose your identity to any third party who claims, to our satisfaction, that any content posted or uploaded by you to this Application constitutes a violation of their intellectual property rights, or of their right to privacy.

16.5        We have the right to remove any posting you make on this Application if, in our opinion, your post does not comply with the relevant laws and regulations and our policies.

16.6        [You are solely responsible for securing and backing up your content.]

17. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES

17.1 We will not provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

18. REPRESENTATIONS BY YOU.

18.1 By using this Application, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to us through this Application or for inclusion on the Application will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The users using this Application who are Minor /under the age of 18 shall not register as a User of this Application and shall not transact on or use this Application.

19. INDEMNITY

19.1        You agree to fully indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of and/or in connection with:

(a)          your use of this Application;

(b)          your breach or negligent performance or non-performance of these Terms;

(c)           the enforcement of these Terms;

(d)          any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of and/or in connection with your use of this Application, including the use of or uploading of any content by you to this Application;

(e)          any claim made against us by a third party arising out of and/or in connection with the provision of this Application to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by you;

(f)           any claim made against us by a third party for death, personal injury or damage to property arising out of and/or in connection with your use of this Application.

20. LAW AND JURISDICTION

This agreement and any dispute arising out of it will be governed by the Laws of Emirate of Dubai and the laws of the United Arab Emirates. Any dispute or claim arising out of and/or in connection with this agreement or its formation (including non contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Dubai.

21. TRADEMARKS

21.1        You are not permitted to use our trademarks which are showing on this Application without the approval of Santy

22. CONTACT US

To contact us, please call 04-5656182 OR email us at info@hi-sandy.com.