Terms and Conditions

Updated on 2 September 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE AT WWW.PROPSPACE.COM, ANY ASSOCIATED MOBILE APPLICATIONS AND ANY OTHER ASSOCIATED SERVICES OWNED OR OPERATED BY US.

TERMS

These terms and conditions (Terms) (together with our Privacy Policy, Cookies Policy and the documents referred to in it) outline the terms and conditions governing your access to and use of our website: www.propspace.com, any of our associated mobile applications and any other associated services that Proptech Systems Ltd (we, us or our) may provide from time to time (Platform(s)). Use of our Platforms includes downloading, accessing, browsing, or registering to use our Platforms.

Please read these Terms carefully before you start to use our Platform, as these Terms are binding on you and govern your access and use of the Platforms.  We recommend that you print a copy of this for future reference. 

By using our Platforms, you confirm that you accept these Terms and that you agree to comply with them. 

If you do not agree to these Terms, you must not download, access or use our Platforms.

PURPOSE, SUBSCRIPTION AND LICENCE

  1. Your subscription to use the Platform (Subscription) will commence on the start date detailed in the order form you sign with us which refer to these Terms (Order Form) and will continue until the end date detailed in the Order Form subject to you paying the fees as detailed in Order Form (Fee) or the termination of the Subscription in accordance with these Terms. 
  2. You agree that the details set out in the Order Form includes the relevant inclusions and limits of your chosen Subscription. 
  3. Subject to these Terms and the payment of the Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence (Licence) to access the Platform and use the services provided through the Platform (Services).  
  1. We offer you our Services through the Platforms.  You acknowledge and agree that by accessing, purchasing, or otherwise using the Platforms, including registering for the Services, or creating an Account on the Platforms, you agree to be legally bound by these Terms, the Cookies Policy and the Privacy Policy.
  1. The Platform is only made available to you and to your authorised personnel who have been granted access to use the Services (User). 
  2. You acknowledge that we may grant (in our sole discretion) any other number of licences for the Platform to any other third parties.
  3. The Licence will be valid for the Subscription period covered by the Fees as specified in the Order Form.
  4. The Licence granted to you is strictly conditional upon you complying with these Terms. We reserve the right to cancel the Licence immediately at any time if any of these Terms are not adhered to or fulfilled by you or your Users to our satisfaction.
  5. You may not sub-licence the Licence, in whole or in part.  

YOUR ACCOUNT AND USER ACCOUNTS

  1. You must have an account on our Platform (Account) to access the Services on our Platform and each User must have an account on our Platform (User Account).
  2. If you do not have an Account, you will be required to create an Account or in certain circumstances, we may create the Account or User Account for you and share the login credentials with you, which you may change at your discretion.
  3. Your access to the Account and your Users access to the User Accounts may require a unique access code, token, username and/or password (Security Credentials). You are responsible for maintaining the security of Security Credentials and you must not release, distribute, publish or otherwise make public any Security Credentials provided to you or created by you to any third party.
  4. You must immediately notify us at: [email protected] of any actual or suspected unauthorised use of your Security Credentials or any other breach of security.
  5. If you or your Users give their Security Credentials to facilitate access to the Platform to any third party, you do so at your own risk.  We shall not be liable for any addition, modification or deletion of information or data on your Account resulting from such access by any third party.  You must ensure that any such party accepts and complies with these Terms.  You shall remain fully liable to us for the acts, omissions and negligence of that third party.
  6. You will have the right to create User Accounts up to the User limit specified in the Order Form. You may increase the number of Users and User Accounts at any time by notifying us in writing, however, you agree that an increase in Users would result in an increase in the Fees and you hereby agree to pay such increased amounts to us, which will be notified to you.
  7. You are responsible for maintaining the security of any Security Credentials of the User Accounts and must ensure that all Users always keep such information confidential. You must immediately notify us of any actual or suspected unauthorised use of your Account or a User Account or any other breach of security.
  8. You must ensure that each User accepts and complies with these Terms. You shall remain fully liable to us for the acts, omissions and negligence of each User.
  9. We reserve the right (without notice) to immediately suspend your access to the Platform or terminate the Services if we believe (in our sole discretion) there would be or has been a breach of security in relation to an Account or User Account.  We shall not be liable for any losses (direct or consequential) obligations, demands, proceedings, actions, claims, liabilities, costs, expenses (including legal expenses) and damages of any nature whatsoever and whether or not reasonably foreseeable or avoidable (Losses) incurred by you or any User by such suspension or termination. 

USE OF THE PLATFORM

  1. To the extent that you upload, publish or transmit any inputs, details, data (including persona data), information, documents, content or other material (Customer Data) through the Platform, you represent and warrant to us that you own all rights to such Customer Data, or have authorisation to upload, transmit or use such material. You will indemnify and keep us and our affiliates, agents, principals, contractors, directors or employees indemnified from any Losses resulting from any breach of intellectual property rights or any other claim that results from your publication or use of such Customer Data on the Platform.
  2. You are solely responsible for:
    1. notifying us of any changes to your details;
    2. obtaining and maintaining all computer hardware, software, internet connections and communications equipment needed to access the Platform and use the Services; and
    3. implementing, maintaining, and updating all necessary and proper procedures and software for safeguarding against malicious content, including but not limited to computer infection, viruses, worms, trojan horses, and other code that manifest contaminating or destructive properties.
  3. You must:
    1. adhere to and comply with all applicable laws, including regulations and guidelines pertaining to real estate, data protection and privacy, anti-corruption, anti-bribery and anti-terrorism; and
    2. provide us with the details of a representative authorised to act on your behalf under these Terms.
  4. You agree that you will not, either alone or through any other party (including a User):
    1. violate a security measure set up by us or violate a condition defined by us for the use of the Platform;
    2. make your Account and User Accounts available to a third party in whole or in part outside of the scope of these Terms;
    3. use the Platform to perform performance tests, system tests, or any other tests that adversely affect the use of the Platform;
    4. make any copies of any PropSpace IP (as defined below);
    5. use the Platform to transmit or upload any computer viruses, worms, Trojan horses or other malware, or to trespass or burden any network capacity; 
    6. distribute, sub-licence, disclose, market, or transfer the Services to any party, or permit any person or entity to have access to the Services by any sharing, remote computing or hosting services or time sharing arrangement;
    7. circumvent, disable or otherwise interfere with security-related features of the Platform or features that determine whether you are acting in accordance with these Terms;
    8. use the Platform or the Services in a way which impairs the functionality or reliability of the Platform; 
    9. use the Platform to publish or disseminate content that may be found to be defamatory or illegal; or
    10. remove, obscure, deface or alter any of our or any third party’s copyright notices, trademarks or other proprietary rights affixed to the Platform (if any).
  5. You agree that in our absolute discretion, we may limit your access to, or use of, the Platform and Services if, your use of the Platform is excessive (being use outside of normal business use), unreasonable or impacts on the usability or reliability of the Platform for us or other users or if you breach these Terms.
  6. If applicable, we may require you to delete content uploaded onto the Platform by you within one (1) business day of written notice if we consider that such content:
    1. infringes upon a third party's rights (including intellectual property rights);
    2. breaches any of these Terms;
    3. is, or is likely to be, defamatory or damage our reputation;
    4. has been uploaded without the necessary authorizations and consents;
    5. is outdated, incorrect or misleading; or
    6. creates any third party liability for us.
  7. If you fail to remove the content in accordance with clause 3.6, we shall have a right, but not an obligation, to remove the content without incurring any liability to you or your Users for any Losses incurred by you or your Users by such removal.
  8. You acknowledge that the delivery of the Services may be dependent on you fulfilling your obligations under these Terms in a timely manner, including but not limited to your obligations set out in this clause 3.  
  9. Where the use of the Platform and the Services require the use of third party software, you must agree to any relevant licences and terms of use required by that third party prior to any use of such third-party software or data.  We are not responsible for the manner in which such third party software providers use your data, so please carefully read their terms and conditions.

FEES AND PAYMENT TERMS

  1. In consideration of the Licence and Services granted under these Terms, you agree to pay all the Fees detailed in any Order Form and as may otherwise be agreed.
  2. During the Subscription period, there will be no reduction in Fees even if the actual number of Users accessing the Services or the number of rental units managed on the Platform are lower than the initially agreed upon number of Users and/or rental units detailed in the Order Form.
  3. Your billing cycle will commence on the date specified in the Order Form. 
  4. You authorise us and our relevant payment processors, such as Stripe, to obtain payment from you for the Fees as and when the Fees become due (including, without limitation, ongoing subscription fees plus relevant taxes and duties) and to store your payment information.  
  5. You understand and agree that such third party processor, has its own terms and conditions to which you must agree in order for us to process payment. By making payment via such processor, you warrant and represent to us that you have read, understood and agreed to such terms.
  6. You warrant that at all times during the term of your Licence, that we will have valid and up to date payment details, including credit card details.  You grant us the authority to automatically debit the Fees due to us from the payment method you have provided us (such as your credit or debit card or other payment method, as applicable).  You agree that this authority will remain in force until you validly terminate these Terms or we agree otherwise.  Your non-termination or continued use of the Platform reaffirms that we are authorised to charge your nominated payment method.
  7. You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on any automatic renewal feature you have enabled without any further notice or authorisation from you.  
  8. It is your responsibility to ensure that all Fees processed by us are accurate.   You agree to notify us within thirty (30) days from a billing date if any charge is not accurate.  You agree that after this date you would be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.
  9. All Fees are exclusive of taxes (as applicable).  You are required to pay all applicable taxes at the same time as the payment of the Fees. We will include such taxes (if applicable) on top of the Fee in our invoices or in the Order Form.
  10. The Fees paid to us are non-refundable irrespective of your use or non-use of the Services or Licence.
  11. You must not pay or attempt to pay the Fees through any fraudulent or unlawful means.  If your payment is not successfully processed, or if we, in our sole discretion, suspect that the Fees have been paid for using any fraudulent or unlawful means, we may immediately suspend or terminate your access to the Platform and the use of the Services.
  12. If for any reason we do not receive payment from you or your payment provider, you agree to directly pay us all amounts due to us upon demand from us.  

FEE ADJUSTMENTS

  1. We reserve our right to vary the Fees, our pricing structure and pricing terms at any time.
  2. Any such variation will be effective immediately upon the next renewal, billing period, upgrade or downgrade of your Subscription (as may be applicable).  If you do not accept any increase in Fees then you may terminate your Subscription within thirty (30) days of notification to you of the revised Fees.  If we do not receive any termination notice from you within thirty (30) days of the Fee variation notification, you will be deemed to have accepted the increased Fees which will be applied to your next billing cycle.

INTELLECTUAL PROPERTY RIGHTS

  1. In these Terms, unless the context otherwise requires:
    PropSpace IP means all intellectual property rights in the Platform, the Platform Updates (as defined below) and any related software, interface and documentation and all intellectual property rights in any part of the world which are at any time created by or deriving from the business of or owned by us developed by us or is our existing property which includes (without limitation), patents (including supplementary protection certificates), any materials, works, prototypes, creations, inventions (or improvement upon or addition to an invention), discoveries, update, trade secret, secret process, concept, idea, information, process, data, formula or work, design, structure, selection, coordination, expression, all text, graphics, user interfaces, photographs, artwork, style or presentation of goods or services, “look and feel” and arrangement of content on the Platform, techniques, computer programs, source codes, technical information, trading business brand names, goodwill, confidential information, know-how and research effort which is capable of protection by or of giving rise to letters patent, registered and unregistered trade and service marks, utility model, copyright and neighbouring rights, design right, moral right, semi-conductor topography right, database right or other intellectual property or similar proprietary right in any part of the world whether registered or not or whether capable or not capable of registration including applications and rights to apply for any of them and in each case rights of a similar or corresponding character and all applications and rights to apply for protection of any of the forgoing. 
  2. You and your Users shall not acquire in any way any title, rights of ownership, whatever nature, in the PropSpace IP. You and your Users acknowledge and agree that all such interests and rights are and shall remain our exclusive and absolute property.
  3. The PropSpace IP and all other proprietary rights in any materials developed under these Terms in connection with the Platform and our business, will remain vested in us and be our absolute property. You will do all such acts as we may reasonably require for the purpose of preserving or perfecting such vesting.
  4. You shall take all necessary steps and abide by all instructions from us to ensure that all of our rights in the PropSpace IP is protected at all times. You shall notify us if you become aware of any use of the PropSpace IP that may infringe our rights and you shall take all steps required by us in respect of such use.
  5. You shall at all times, whether during or after termination or expiry of these Terms indemnify, keep indemnified and hold us harmless from and against any and all losses, incurred or suffered by us in relation to any infringement or unauthorised use of the PropSpace IP by or on behalf of you.
  6. You acknowledge and understands that the Platform and the PropSpace IP contains confidential and proprietary information and you shall:
    1. not provide or otherwise make the Platform and the PropSpace IP available for any reason to any other person except as permitted by these Terms;
    2. limit access to the same to those of its directors, officers and employees who have a User Account to use the Platform; and
    3. ensure that all relevant Users of the Platform are advised that the Platform constitutes confidential and proprietary information and that all PropSpace IP therein are our property and that they owe a duty of confidentiality to us.
  7. You shall effect and maintain adequate security measures to safeguard the Platform from unauthorised access, use or copying by any person. You shall notify us as soon as reasonably practicable if you become aware of any unauthorised access to, use or copying of any part of the Platform by any person.
  8. You shall, at reasonable times during working hours on being given reasonable written notice allow us to check and audit your use of the Platform.
  9. You acknowledge that the rights granted to you under these Terms, are subject to all of the following restrictions:
    1. You shall not licence, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Platform, Services or the PropSpace IP available to any third party; 
    2. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform, Services or the PropSpace IP, or access them in order to build a similar or competitive Platform or service;
    3. Except as expressly stated herein, no part of the Platform, Services or the PropSpace IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; 
    4. You agree to make every reasonable effort to prevent unauthorised third parties from accessing the Platform, Services and the PropSpace IP; 
    5. You agree that we and our service providers (Our Third Parties) own all rights, titles and interests in and to all intellectual property rights in the Platform;
    6. Unauthorised use, resale or commercial exploitation of any part of the Platform and/or Services in any way is expressly prohibited; 
    7. You do not acquire any rights in the Platform, Services or the PropSpace IP, express or implied, other than those expressly granted in these Terms and all rights not expressly granted to you are reserved by us; and
    8. These Terms do not convey to you any rights of ownership in or related to the Platform, Services or Our Third Parties’ rights in any way.
  10. You hereby grant us a non-exclusive, royalty free, worldwide licence to use your company name, logo and trademarks for promotional purposes on our website, social media pages, marketing materials, press releases, and other promotional materials. This licence extends to various media formats, both digital and print, and any other suitable platforms deemed appropriate by us for promotional activities.
  11. If you do not want us to use your company name, logo and trademarks on marketing materials, press releases, and other promotional materials, you may let us know at any time by sending us an email to: [email protected].
  12. We reserve the right to request testimonials or seek your participation in case studies for the purpose of utilising them in marketing and promotional activities. If you do participate in any such studies, you acknowledge and agree that your testimonials, feedback, insights and participation in case studies may be featured in various promotional materials on our website, social media pages, marketing materials, and other in any other promotional channels.
  13. If you wish to make any use of content on our Platform, please contact: [email protected].

WARRANTIES

  1. You warrant and represent to us that you:
    1. have the legal capacity and authority to enter into these Terms;
    2. have the authority to act on behalf of any person or entity to whom the Services are provided; and
    3. are responsible to determine that the Services meet your needs and are suitable for the purposes for which they are used.
  2. You agree that you will not and that you will not permit any third party to:
    1. use the Services for any purpose other than for its own lawful internal business purposes, in accordance with these Terms;
    2. attempt to access the accounts or data of any other user without authority of that user or us;
    3. use any programs, scripts, bots or other automated technology to scrape or access the Platform or hijack user accounts or log-in sessions;
    4. use the Services for competitive purposes or otherwise to analyse its workings and features for any competitive purposes or in a manner that imposes unusual demands on the service outside of normal functions and operations; or
    5. use the Services other than for their intended purpose.

UPDATES TO THE PLATFORM AND FEATURE REQUESTS

  1. We may, in its absolute discretion, make automatic updates to the Platform, such as error fixes, new features, compatibility upgrades (Platform Update(s)), available to you. In some cases, in our sole discretion, these updates may only be available for particular Subscription tiers. You acknowledge and agree that such upgrades may affect or change the functionality of the Platform and use of the Services.
  2. You acknowledge and agree that these Terms will continue to apply to your use of any such Platform Updates forming part of the Platform unless otherwise stated by a separate agreement accompanying the Platform Update.
  3. You may request feature updates in writing via the Platform and we may, in our sole discretion, implement such features to the Platform.  You acknowledge and agree that by requesting any features for the Platform, you assign to us any intellectual property rights and waive any moral rights you may have in such requested feature, and that we will own all intellectual property rights in such feature should it be implemented by us.

PLATFORM MAINTENANCE AND FORCE MAJEURE

  1. To ensure the best possible service, we reserve the right to interrupt the Services and your access to the Platform for maintenance or any other changes, by giving notice to you.
  2. Further you agree that the Platform may not be available due to reasons outside of our reasonable control, including (without limitation) due to power failures, internet outages, malfunctions or breakdowns in servers, routers, or other critical hardware components necessary for operation, regulatory changes or sanctions, legal orders, malicious activities such as hacking, or ransomware affecting the Platform's infrastructure, third party service failures, unexpected server maintenance, strikes by employees or key service personnel.  In such an event, we will not be liable to you if the Services are delayed or unavailable.

DISCLAIMERS

  1. You agree that your use of the Platform is at your own risk, and that the Platform and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
  2. While we endeavour to provide the best possible customer experience to you, we do not represent that your use of the Platform will be secure, timely, uninterrupted or error free. 
  3. We make no representations or warranties that the Platform or Services will be suitable or effective for any specific purpose or use. It is your responsibility to ensure that the Platform and Services meet your needs and requirements.
  4. We do not represent that that the Platform will be free of viruses or other harmful components or that the Service will operate in combination with other hardware, software, systems or data not specified or provided by us or that we will be able to prevent third parties from accessing Customer Data, or that any errors will be corrected or that any stored data will be accurate or reliable. 
  5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platforms or any content on it, whether express or implied. 
  6. As the Platform relies on third party data sources, we do not make any representations or warranties with regards to the content or availability of the Platform or the content of such third-party data sources, including their accuracy, reliability, correctness, or genuineness. We will use reasonable endeavours to ensure that the Platform is updated to function when third party data sources are updated or changed, however, we make no representations as to the availability of any particular data source for the provision of the Services.

LIMITATION OF LIABILITY

  1. We will not be liable to any user for any Losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. our Services and the Platform;
    2. use of, or inability to use or download, our Platform; and
    3. use of or reliance on any content displayed on our Platform.
  2. Please note that in particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; and
    5. any indirect or consequential loss or damage.
  3. We will not be liable for any Losses 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 our Platform or our Services or to your downloading of any content on it, or on any site linked to it.
  4. You agree that to the maximum extent permitted by law, our liability is limited to the total Fee actually paid by you to us under these Terms for the six (6) months preceding the date on which the liability arose.
  5. You agree that we and our affiliates, agents, principals, contractors or employees shall have no liability to you for content that may be found to be offensive, indecent, objectionable or illegal on the Platform.
  6. You agree that we are not liable for your interpretation of any results or for the outcomes generated by the Platform, and your reliance on such results and outcomes generated by the Platform. You expressly acknowledge and agree that:
    1. We make no warranties or representations regarding the accuracy, reliability, or completeness of any results or outcomes generated by the Platform;
    2. Any decisions or actions you take based on the results or outcomes generated by the Platform are taken at your own risk;
    3. We shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your interpretation of results or outcomes generated by the Platform;
    4. You are solely responsible for verifying the accuracy and appropriateness of any results or outcomes generated by the Platform before making any decisions or taking any actions based on such results or outcomes; and
    5. Our limitation of liability extends to any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Platform's results or outcomes.

RELEASE AND INDEMNITY

You agree to indemnify, hold harmless, release and discharge us and our affiliates, agents, principals, directors, contractors and employees in respect of any Losses which we may suffer, incur or be liable for, whether directly or indirectly, including but not limited to, any special, incidental or consequential damages and legal costs, arising from or in connection with:

  1. the Platform and the Services;
  2. your or the User’s act, omission, fraud, wilful misconduct or negligence;
  3. your or the User’s use or misuse of the Platform or Services; and
  4. your or the User’s breach of these Terms.

RIGHTS YOU LICENCE

When you upload or post content (including Customer Data) to our Platforms, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and use that content.

PRIVACY AND USE OF DATA

  1. We are committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, disclose, and manage your personal data and information. By accessing or using our Platforms, you agree to the collection and use of your personal data and information as described in our Privacy Policy
  2. You acknowledge and agree that you have read, understood and agreed to the Privacy Policy, which outlines the Parties’ obligations in relation to security, use and storage of the Customer Data.
  3. You agree and consent, that we may provide Customer Data to:
    1. a third party in order to comply with our obligations under these Terms; 
    2. our related entities, in order to comply with our obligations under these Terms; 
    3. a prospective investor in the Platform; and
    4. a third-party service provider, or other party if you request disclosure or a connection with such party.
  4. If we provide the Customer Data to any third party, we will not be liable for that third party not complying with a request to delete your data, provided that we have requested that the third party delete your data.
  5. You agree that we may aggregate the Customer Data for analysis, provided that we implement appropriate measures so that the results of these analyses do not personally identify you or the Users. You acknowledge and agree that we own the intellectual property rights relating to these analyses and their results and have the right to use such analyses and results as we deem appropriate without yours or the Users consent.

DATA BACKUP

  1. You acknowledge that any Customer Data stored on the Platform, is stored at your own risk. We do not provide data storage or backup services. While we use reasonable commercial efforts to prevent data loss, we do not warrant that our Platform, computers, software or Services will be free from failures, corruption, security intrusion or interference. To the maximum extent permitted by applicable law, we shall have no liability to you for any corruption or loss of data. You agree that it is your sole responsibility to regularly back up the Customer Data.
  2. We do not give any warranties that the last backup of the Customer Data will contain all data uploaded by you to the Platform.

TERMINATION

  1. These Terms will be valid for your Subscription period detailed in the Order Form unless terminated in accordance with the terms of this clause. 
  2. Without prejudice to any other remedies, we may immediately suspend or terminate these Terms, or cease offering the Services, in our absolute discretion, at any time if:
    1. you are in breach of any of your obligations under these Terms;
    2. any money payable to us becomes overdue, or in our opinion, if you are unable to make a payment when it falls due;
    3. you become or are suspected to be, insolvent, bankrupt, convene a meeting with your creditors, propose to enter into an arrangement with creditors, make an assignment for the benefit of your creditors or any other similar event occurs or is likely to occur; or
    4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets.
  3. If we suspend your Subscription, you will continue to be liable to pay the Fees during the period of suspension.  You will also be liable to pay for any expenses and costs incurred by us as a result of your failure or delay in complying with these Terms.
  4. We may terminate these Terms at any time and for any reason on thirty (30) days' notice.  If we terminate these Terms in accordance with this clause 16.4, then any pre-paid and unused portion of the Fees will be refunded.  Except as required by law, in no other instances will any Fees be refundable.  We will not be liable to you for any Losses arising out of or in connection with us exercising our rights under this clause.  
  5. You may terminate these Terms at any time by giving us thirty (30) days’ notice but you will not be entitled to any refund of Fees already paid and you will be liable to pay for the full period of your Subscription.
  6. Upon termination of these Terms, we may immediately remove any access to the Platform, disable the Services and/or delete your Account/User Accounts and Customer Data on the Platform without any further notice to you and without incurring any liability to you or your Users.
  7. Any amounts owing to us at the time of termination shall become immediately due and unless stated otherwise in these Terms, any amounts already paid will not be refunded.

MARKETING AND COMMUNICATIONS

  1. You may elect to receive automated email notifications about the Platform and Services.  By selecting to receive such emails, you expressly consent to us sending you automated emails to your nominated email address.
  2. You agree that we may contact you periodically for the purpose of informing you of opportunities, products, and services provided by us or our affiliates and business partners.

THIRD PARTY LINKS

  1. The Platform may access, or contain links to, websites or services controlled by third parties. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of such websites or services, nor its stock information, location data or any other data displayed or located thereon. 
  2. You agree and acknowledge that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third-party materials or websites. You agree that such actions are your responsibility.

OTHER APPLICABLE TERMS

These Terms refer to the following additional terms, which together with these Terms also apply to your use of our Platform and the Services:

  1. Our Privacy Policy - which sets out our policy and the terms on which we process any personal data we collect from you, or that you provide to us. You hereby agree to our Privacy Policy and consent to us using cookies and processing your personal data and you warrant that all data provided by you is accurate; and
  2. Our Cookies Policy – which sets out the manner in which we use cookies on our Platforms and how we collect your personal data through cookies. You hereby agree to our Cookies Policy and consent to us using cookies to collect your personal data.

SUPPORT

  1. If you have any support enquiries, you may send through a support ticket via the Platform or email us at: [email protected]
  2.  We will use reasonable endeavours to provide acknowledgement of the support enquiry within two (2) business days.

CHANGES TO THESE TERMS

  1. We may revise these Terms at any time.  All changes are effective immediately when we post them on our website or elsewhere. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
  2.  You must check our Terms on our website from time to time to check for any changes we make as they will be binding on you.

APPLICABLE LAW

These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of the Dubai International Financial Centre.

ASSIGNMENT

We may at any time assign, transfer or novate these Terms to any third party at our sole discretion.  You may not assign these Terms without our express prior written consent.

SEVERANCE

If any provision of these Terms is determined to be illegal or unenforceable by any court of competent jurisdiction it shall be deemed to have been deleted without affecting the remaining provisions. 

WAIVER

No failure or delay by us to exercise any right or remedy available to us constitutes a waiver of that right or remedy, nor shall any single or partial exercise of any such right or remedy preclude or restrict its further exercise. 

CONTACT US

If you have any questions about these Terms, please contact us at: [email protected].