Please read these terms and conditions (the “Terms”) carefully as they contain important information concerning your legal rights, remedies and obligations. These Terms include various limitations and exclusions around our liability, which you should pay particular attention to.
When these Terms mention “Urban,” “we”, “us”, or “our,” they refer to Urban Technologies Ltd and its subsidiaries, employees, officers, agents or affiliates. Urban Technologies Ltd. is a company incorporated under Laws of United Arab Emirates (“UAE”), with place of business at, 5th Floor, Building No.2, Emaar Square, Dubai, United Arab Emirates with the Tax Registration Number: [100567615800003].
When these Terms mention “User”, “you” or “your” they refer to any person who uses the Platform, either in an individual capacity or on behalf of legal entity, including Tenants and Landlords (as defined below).
These Terms constitute a legally binding agreement between you and Urban and apply to your access to and use of the Platform (as defined below).
By accessing and using the Platform, you agree that you will comply with and be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the Platform or any of the Services.
Urban reserves the right to modify these Terms at any time. Any changes made to these Terms that affect your rights will be communicated to you via email (where you are a registered User), as well as being updated on the Platform. By continuing to use the Platform following any changes to the Terms, you agree to continue to be bound by them. By using the Platform, you accept the responsibility to frequently review these Terms so that you remain aware of your legal rights and obligations contained within them.
Some of the services may be subject to a separate agreement between you and us such that, where expressly indicated by us, such terms shall replace, complete and/or modify these Terms. Specifically, if you are a Landlord you will be bound by the Urban Leasing and Property Management Agreement entered into between you and Urban or its affiliates. In the event of any conflict between the Property Management Agreement and these Terms, the Property Management Agreement shall take precedence.
KEY TERMS
Throughout these Terms, the terms below shall have the following meaning:
“Processing Fee” has the meaning given to it in clause 5.2;
“Advertisement” means an advertisement published on the Platform based on document and/or information obtained from the Landlord in respect of a Property which is made available for reservation;
“Advertisement Materials” means all materials prepared by Urban in respect of an Advertisement, including any text, photos, audio recordings, video recordings, or any other relevant materials and information;
“Reservation” means a reservation in respect of a Property which is made on the Platform;
“Security Deposit” has the meaning given to it in clause 5.1;
“Fees” means the Commission fee, any Processing Fees and the First Instalment Fee;
“First Instalment Fee” means the first rental amount transferred by the Tenant to Urban after the signature of the Tenancy Agreement;
“Furnished” means a Property which is provided with furniture, including at minimum a couch, a bed, mattress, curtains, washing machine, and a fridge;
“IP Rights” means all copyright, database rights, rights in registered and unregistered trademarks and designs, service marks, registered design rights, patents, know-how and any other similar rights, and any other intellectual property rights and any applications for registration of any such right, and the right to make any such applications, in each case in any part of the world, and all related goodwill;
“Landlord” means the individual person or legal entity that is the owner of the Property;
“Landlord Content” means any images, audio-visual content or other materials provided by the Landlord to Urban;
“Move-in Date” means the date on which the Tenant indicates, at the time of making the reservation, he/she will begin occupying the Property;
“Move-out Date” means the date on which the Tenant indicates, at the time of making the reservation (or such later date as agreed, in the event that the Tenant extends his or her tenancy), he/she will vacate the Property;
“Platform” means the Urban website, including any subdomains thereof, and any other websites through which we make various Services available (collectively, "Site"), as well as our mobile (both iOS and Android), tablet and other smart device applications (collectively "Applications");
“Platform Content” means text, graphics, images, music, software, audio, video, information and any other material published on or forming any part of the design or technology which underpins the Platform;
“Property” means the residence, flat, house, lodging or room that the Landlord makes available on the Platform, indicating that it is available for a Tenant to make a Reservation;
“Rental Payments” means the amounts payable by the Tenant to the Landlord under the Tenancy Agreement;
“Services” means the services which Urban makes available on the Platform relating to the Properties which are provided by third party service providers;
“Significant Deficiencies” means in relation to a Property, conditions which are not reasonably live able, conditions which pose a health risk and/or any substantial modifications to a Property which mean that it materially differs from its corresponding Advertisement;
“Tax” or “Taxes” means the Value Added Tax (“VAT”) and any other applicable municipal, autonomous community or relevant taxes;
“Tenant” means the individual or company which makes a Reservation for a Property via the Platform and who is residing at a Property;
“Tenancy Agreement” means the private lease agreement entered into between the Landlord (as the lessor) and the Tenant (as the lessee), to which Urban is not party;
“Urban Account” has the meaning set out in clause 3.1; and
“Viewing Slot” has the meaning set out in clause 4.4.
ACCOUNT REGISTRATION
In order to access and use the Platform or register for an Urban account (“Urban Account”) you must be an individual at least 18 years old or a duly organized, validly existing business, organisation or other legal entity in good standing under the laws of the country in which you are registered and able to enter into a legally binding contract with us on these Terms.
You may not create an Urban Account or otherwise use the Platform if you are a real estate broker or professional property manager without a written consent by Urban. The only individuals who shall be permitted to use the platform are:
actual or potential Tenants; and
actual or potential Landlords,
Urban Affiliate Brokers.
URBAN AFFILIATE BROKERS
Please be aware that where you download the Applications from any mobile app store, such download will be subject to the terms and conditions associated with the respective app store.
You are required to create an Urban Account in order to access and use certain features of the Platform, such as publishing an Advertisement (if you are a Landlord) or Reserving a Property (if you are a prospective Tenant). You can register for an Urban Account on the Platform either by using your email address or registering your mobile phone number and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. You have the ability to disable the connection between your Urban Account and your social networking account(s) at any time, by accessing the "Settings" section of the Platform.
Urban shall be entitled to refuse registration on the Platform to any User, Landlord or Tenant, at its discretion and without prior notice.
You must provide accurate, current and complete information during the registration process and must keep your Urban Account and profile page information up to date at all times.
You may not register more than one (1) Urban Account unless Urban expressly authorizes you to do so in writing. You may not assign or otherwise transfer your Urban Account to another party.
You are responsible for maintaining the confidentiality and security of your Urban Account credentials and you may not disclose your credentials to any third party. You must immediately notify Urban if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Urban Account. You are liable for any and all activities conducted through your Urban Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may do so, but have no obligation to:
ask Users to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of User;
screen Users against third party databases or other sources and request reports from service providers; and
where we have sufficient information to identify a User, obtain reports from public records of criminal convictions (if available).
TERMS SPECIFIC TO TENANTS
Advertisements
In the event of any discrepancies existing between the content of the advertisement and these terms, the latter shall prevail.
Accuracy of Advertisements. Whilst Urban does inspect all Properties prior to listing them on the Platform in order to verify the main features of the Property, Urban does not guarantee the accuracy of any photograph or description provided at the time at which any prospective Tenant views the Property, in particular where the Landlord has made subsequent changes to that Property.
Floor plans. Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. Urban will not be responsible in any way for any inaccuracies found on the floor plans.
Viewings
Scheduling a viewing.You can arrange for a viewing (“Viewing Slot”) through The Platform that allows for limited-time access to the Property for the time period specified on the Platform. You are responsible for ensuring that the correct viewing time is scheduled. Urban reserves the right to deny or cancel any viewing requests at any time and without notice. You can view the Property and may bring up to a maximum of four (4) guests to a viewing. The user booking carries liability and responsibility over the viewers/visitors’ wrongdoing, safety, security, and wellbeing during the viewing of the Property.
Cancelling a viewing. You may cancel a viewing at any time as prompted via the Platform. No-shows or cancellations less than 24 hours in advance of the arranged Viewing Slot may result in us limiting your access to the viewings feature within the Platform or other features of the Platform, or ultimately the suspension of your Urban Account in the event of repeated occurrences.
Responsibility during viewings. For the duration of the Viewing Slot, the User is fully responsible for their individual safety and for that of any individual who accompanies a User to a viewing. Users are responsible for leaving the Property in the condition it was in when they entered it for the purposes of the viewing. Each User is responsible for their own acts and omissions and is also responsible for the acts and omissions of any individual who accompanies them to a viewing, including ensuring that any such individual vacates the Property within the arranged Viewing Slot.
Trespassing. If you, or any individuals who accompany you to a viewing, remain on that Property outside of the confirmated Viewing Slot, this shall amount to trespass. Urban reserves the right to call the police under such circumstances. Users are required to immediately report to us the presence of any third parties on the Property during a Viewing Slot, unless we have made them aware of the attendance of such third parties in advance, as per the section below.
Your Security. The safety and security of our Users is a priority to us. Urban will not permit the visitation of any individuals not directly associated or invited by the User that prompted the reservation. In the rare event that Urban employees, contractors, or partners, or any Landlord, or associates of the Landlord enter a Property during the viewing, the User will be directly notified of this in advance, if possible, or afterwards of the Viewing Slot via the User’s registered contact information.
General Reservation Terms
Reservations. To reserve a Property, prospective Tenants should follow the Reservation process within the Platform.
Fees. All applicable Fees will be presented to the User during the reservation journey. By processing the Reservation, the User agrees to pay the Fees which apply to that Reservation.
Documentation. When a User makes a Reservation with Urban, that User shall be required to provide the following documentation:
copy of Emirates ID;
copy of passport;
copy of UAE Visa; and
proof of income by providing bank statements or salary certificate.
Reservation confirmation. Once sent by Urban to the User, Urban’s Reservation confirmation constitutes a legally binding agreement that is formed between the Tenant and Urban. Urban will collect the relevant Fees in accordance with section 5 below. Rental Payments and the payment of any Fees will be made by the User in alignment with the payment instalments options accepted upon Reservation, subject to validation by the Urban and/or other third parties’ providers (as the case may be).
Reserving a Property
Subject to Tenancy Agreement. You acknowledge that a Property Reservation also remains subject to you entering into a Tenancy Agreement with the Landlord, the terms of which will be made available to you at the time of Reservation.
Move-Out Date. The Tenant agrees to leave the Property no later than the date specified in the Tenancy Agreement, or such other time as mutually agreed upon in writing between the Tenant, Urban and the Landlord.
Reserving. The Landlord shall not be permitted to reserve his or her own Property as a Tenant through the Platform.
Creation of Advertisements
Appointment to create Advertisements. Prior to publishing an Advertisement on the Platform, Landlords are required to make an appointment with us so that our team can take photographs of the Property for the purposes of the Advertisement and to verify the main features of the Property. By requesting that a Property is made available on the Platform a Landlord agrees that Urban’s staff or its subcontractors may access the Property for the purpose of verifying features, taking photos, drawing floor plans, taking videos,installing smart locks where applicable or preparing any other advertising material that Urban might require.
Amendments to Advertisements. Any modification in the annual lease of the Property, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Landlord’s sole discretion (prior to the Landlord entering into a Tenancy Agreement with any Tenant).
Landlord to provide information. The Landlord shall provide all necessary information requested by Urban in respect of a Property which it wishes to have listed on the Platform. Such information shall include, but shall not be limited to, the Property’s location, capacity, size, features and availability, including the amounts and terms associated with any Rental Payments.
Accuracy of information. The Landlord confirms that all information which it provides to Urban is true, correct and up to date. The Landlord agrees to inform Urban of any changes to any information provided, either in respect of its Urban Account or a particular Advertisement or Property without undue delay.
Verification. The Landlord shall provide without undue delay any documentation requested by Urban for the purpose of verifying its legal status and its ownership of a Property, or, in case of an agent acting on behalf of a Landlord, for the purposes of verifying its right to instruct Urban to create an Advertisement.
Other
Changes to Properties. Each Landlord shall maintain the Property which features in an Advertisement in a similar condition to that depicted and described within that Advertisement. In the event that the condition of a Property changes (which the Landlord shall notify Urban of the changes) such that, in the reasonable opinion of Urban, it differs materially from the condition at the time at which Urban created the Advertisement Materials, Urban reserves the right to withdraw the applicable Advertisement from the Platform. Such withdrawal shall not affect any obligation on the part of the Landlord to pay for any Services which it is otherwise obliged to pay for and shall not entitle the Landlord to any refund for the same.
Credit Check. You consent to permit Urban to conduct credit checks on you with the Etihad Credit Bureau, or such other credit bureau or third party that may be considered necessary by Urban from time to time.
You authorize Urban to share your information and contact data with Urban's partners for participation in partner's services and programs from time to time.
FEES
Security Deposit
To reserve a property, Tenants will be required to pay a Security Deposit to Urban that is equivalent to 5% of the total annual rental payments for the period for which the Property is reserved on the Platform (exclusive of any applicable taxes) (“Security Deposit”). However, Urban reserves the right and is entitled to lien on any amount from the Security Deposit.
Any applicable Security Deposit (including any applicable taxes payable at the time of Reservation) will be displayed to a Tenant prior to reserving a Property on the Platform. Urban reserves the right to change the Security Deposit at any time and will provide Users with adequate notice of any Fee changes before they become effective. Such Fee changes will not affect any Reservations made prior to the effective date of the Fee change.
Processing Fee
Urban administration of credit card payments subject to a 2% Processing Fee. Urban may waive the Processing Fee in line with active promotional campaigns.
Hidden Fees
Urban is transparent around the fees it charges to Tenants. However, Tenants should be aware that local authorities may charge a Tenant certain additional fees where they sign a Tenancy Agreement with a Landlord.
Rental Payments
Upon signing the Tenancy Contract, the Tenant shall pay to Urban each rental instalment (less any First Instalment Fee) in line with the timeline set out in that Tenancy Contract.
The Fees payable will vary depending upon the Property and the agreed Rental Payment schedule.
Invoicing
Once the Reservation has been finalized and Fees have been paid by the Tenant, a simplified invoice will be sent to both the Landlord and the Tenant. Upon request, Urban will provide a User with a detailed invoice containing a breakdown of the corresponding VAT or any other applicable Taxes, depending on the country or place of the transaction.
Urban will send a payment receipt to the Tenant in respect of each Rental Payment via the user's registered e-mail.
Payment methods
We only accept payments made online using payment options listed on the Platform. These include but are not limited to online payment by Visa or Mastercard, as well as direct debit or bank transfer through a UAE banking institution.
If you make any payments via the Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
It is the cardholder’s responsibility to retain a copy of any transaction records and merchant policies and rules.
In accordance with the laws of the UAE, Urban will not deal with or provide any services to individuals or businesses located in any countries currently on the sanctions list of the Office of Foreign Assets Control.
CANCELLATION AND CHARGES
Reservation cancellation
In the event that the User chooses to cancel a Reservation once the Tenancy Agreement has been dispatched by Urban, 100% of the Security Deposit will be charged and the Reservation will be cancelled.
6.1.2 The Security Deposit is not refundable to the tenant if a reservation is cancelled, with the exception if Urban prompts the cancellation. Upon activation of the Tenancy Agreement, the Security Deposit may be refundable as per the terms of the Tenancy Agreement towards the end of the tenancy contract at the discretion of the Landlord as per terms of the Tenancy Agreement.
Refund policy
Refunds in respect of any Rental Payments shall be governed by the applicable Tenancy Agreement.
Refunds in respect of any Services made available on the Platform shall be subject to the terms and conditions applicable to such Services. Please contact us at help@gourban.com in the event that you wish to seek a refund
INTELLECTUAL PROPERTY
Ownership of Advertisement Materials. Urban is and shall remain the owner of all IP Rights in the content on the Platform (the “Platform Content”) Content and Advertisement Materials and no transfer of such IP Rights under these Terms.
License to use Advertisement Materials. In consideration of you agreeing to abide by these Terms, we grant to you a non-assignable, non-transferable, non-exclusive and revocable license to use the Intellectual Property Rights in the Advertisement Materials and the Platform for the sole purpose of using the Platform to the extent permitted by and in accordance with these Terms. Such license is conditional on your compliance with these Terms and you keeping intact all copyright and other proprietary notices.
No use outside of the Platform. Any copying, re-utilisation, extraction, reproduction or redistribution of the Advertisement Materials or the Platform Content outside of the Platform is prohibited, and this shall include but not be limited to copying or reproduction to any other website, application, server or location for further copying, reproduction or redistribution.
Right to stop use of Advertisement Materials. In the event that the Landlord, or any third party, uses any Advertisement Materials for any reason other than in accordance with these Terms without having written consent from Urban to do so, Urban reserves the right to demand the immediate cessation of the use of such material.
License for Landlord Content. In the event that the Landlord provides any Landlord Content, then it grants a perpetual, irrevocable, sub-licensable license to use such materials in an Advertisement, across the Platform and in any promotional materials relating to its business. Any Landlord Content shall be exclusively images or moving images of the Property and shall not contain any references to personal data, nor will there be any people within such materials. Urban reserves the right to remove Landlord Content at any time from the Advertisement without prior notice to the Landlord. The Landlord is entitled to request at any time the removal and/or deletion of the Landlord Content through written communication to Urban. Upon receipt of such request Urban shall then remove and/or delete them from the Platform. Urban shall not be liable for the removal of any Landlord Content from any other third-party websites or platforms.
MOVE-IN POLICY
After the Landlord has approved the reservation and Urban has sent confirmation of the reservation to both the Tenant and the Landlord, including the contact information for both parties, it will be the Landlord's responsibility to provide any further instructions to the Tenant with regards to moving into the Property.
The Landlord will ensure that the Property reserved by the Tenant is found in the expected and proper living conditions and that the features published in the Advertisement remain as advertised.
Significant Deficiencies
Notification. The Tenant, within 24 hours of the Move-in Date, must inform Urban of all Significant Deficiencies in respect of the Property by sending an email to help@gourban.com. The email must state the property details and attach evidence (photos and/or videos) of the Significant Deficiencies.
Remedying Significant Deficiencies. In the event that Urban deems (in its sole discretion) that there is a Significant Deficiency having reviewed the evidence provided, the Landlord will be given a period of 72 hours to commence actions to resolve such deficiencies, which shall be finalised within a reasonable timeframe.Urban is not responsible for any failure of the Landlord to resolve such deficiencies.s
In the event that the Landlord does not resolve the Significant Deficiencies within a reasonable timeframe, the Tenant shall be entitled to exercise all of the rights it has available under applicable laws.
Tenancy Agreement signed between the Tenant and the Landlord
Urban is not a party to Tenancy Agreements. Urban is never a party to any Tenancy Agreement or proposed Tenancy Agreements (collectively the “Tenancy Agreements”). Such Tenancy Agreements are agreements between the Tenant and the Landlord and the Tenant, the Landlord or other third parties have no claim or cause of action against Urban or any its associated companies, employees, officers or its representatives in respect to such Tenancy Agreements. Any dispute relating to a Tenancy Agreement shall be settled between the Tenant and the Landlord. Further, the Tenant and the Landlord shall release, acquit and discharge Urban and its associated companies/affiliates, directors, officers, employees, representatives or agents from and against any and all losses, damages or claims by the Tenant, the Landlord and/or any other third Parties arising out or in connection of the Tenancy Agreements.
THIRD PARTY SERVICES AVAILABLE ON THE PLATFORM
The Online Platform is only a platform for communication whereby Users may meet and interact with one another for the purpose of the sale and purchase of Services.
Urban is not and cannot be a party to or control in any manner any transaction between two Users of the Platform and cannot guarantee that a User, Landlord or any third party service provider will complete a transaction or accept the return of a service or provide any refund for the same.
You will not hold Urban responsible for other Users' Advertisement Content, actions, or inactions, or Services or information which they list, post, provide or purport to offer or provide. In particular:
The contract for sale of any Service shall be a strictly bipartite contract between the third-party service provider and the User. At no time shall any right, title or interest over any service vest with Urban nor shall Urban have any obligations or liabilities in respect of such service or the contract between the User and service provider;
Urban is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of Services provided by third parties which are unavailable;
Urban is not required to mediate or resolve any dispute or disagreement between Users and third-party service providers;
Urban has no control over and does not guarantee the quality, safety or legality of any third party Services advertised on the Platform, the truth or accuracy of other Users' content or Advertisements, the ability of any third party service providers to provide such Services, or the ability of any User to pay for such Services;
Urban does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of any Service proposed to be sold or purchased on the Platform;
Urban does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its Users;
The Platform may include links to third party websites that are controlled by and maintained by others. Urban cannot accept any responsibility for the materials or offers for services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such services of a destructive nature and you acknowledge and agree that Urban is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on the Platform;
Users shall independently agree between themselves upon the manner and terms and conditions of delivery, payment, and insurance in respect of any Services and Urban holds no responsibility in respect of such arrangements;
Urban accepts no liability for any errors or omissions, whether on behalf of itself or third parties;
To the extent permitted by law, Urban excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Platform.
KEY RESTRICTIONS
You may not use the Platform if:
you are not of eighteen (18) years of age;
you are a person who is legally prohibited from using the Platform under the laws of the country in which you are a resident or from which you access or use the Platform,
you are any other person as expressly prohibited under this Agreement.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Urban Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms;
use the Platform or any Platform Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Urban endorsement, partnership or otherwise misleads others as to your affiliation with Urban;
copy, store or otherwise access or use any information, including personally identifiable information about any other Use, contained on the Urban Platform in any way that is inconsistent with Urban’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
use the Urban Platform in connection with the distribution of unsolicited commercial messages;
offer, as a Landlord, any Property that you do not yourself own or have permission to make available as a residential or other property through the Platform;
contact another User for any purpose other than asking a question related to a your own reservation, Property, Advertisement, or the User's use of the Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
use the Urban Platform to request, make or accept a Reservation independent of the Platform, to circumvent any Fees or for any other reason;
request, accept or make any payment for any amounts outside of the Urban Platform. If you do so, you acknowledge and agree that you:
would be in breach of these Terms;
accept all risks and responsibility for such payment, and
hold Urban harmless from any liability for such payment;
use, display, mirror or frame the Platform, any Advertisement Content or any individual element within the Platform, Urban's name, any Urban’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Urban's express written consent;
dilute, tarnish or otherwise harm the Urban brand in any way, including through unauthorized use of Platform Content, registering and/or using Urban or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Urban domains, trademarks, taglines, promotional campaigns or Platform Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Urban or any of Urban's providers or any other third party to protect the Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone through your use of the Platform.
You acknowledge that Urban has no obligation to monitor the access to or use of the Urban Platform by any User, but has the right to do so to
operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and Customer Care purposes);
ensure User’ compliance with these Terms;
comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
as otherwise set forth in these Terms. Users agree to cooperate with and assist Urban in good faith, and to provide Urban with such information and take such actions as may be reasonably requested by Urban with respect to any investigation undertaken by Urban or a representative of Urban regarding the use or abuse of the Platform.
LIMITED LIABILITY
In no event will we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Platform, even if one of our authorized representatives has been notified of the possibility of such damage.
We will not be liable for any loss or damage arising under or in connection with:
any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
any loss of your password or Urban Account if caused by a breakdown, error, loss of power or otherwise cause by or to your computer system and/or your account;
the use of, or inability to use, our Platform;
the reliance on any content or information displayed on our Platform;
any direct, consequential, special or punitive loss, damage, costs and expenses;
loss of profit, business or reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
Except as expressly set out in these Terms, you agree not to use our Platform for any commercial or business purposes.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or any website linked to it.
If you enquire about a Property on the Platform, you acknowledge and agree that your details will be sent by email directly to the relevant parties (including but not limited to landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
INDEMNITY
To the maximum extent permitted by applicable law, you agree to release, defend (at Urban's option), indemnify, and hold Urban and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
your breach of these Terms;
your improper use of the Platform;
your interaction with any User or third party Service provider;
any claim from a third party that our use of the Landlord Content infringes the IP rights of any third party; and
your breach of any laws, regulations or third party rights.
DAMAGE TO PROPERTY
Subject to the discretion of the Landlord at the time of Reservation, the Tenant will be required to either pay a Security Deposit or arrange for a suitable insurance policy to cover any damage to the Property and / or non-payment of Rental Payments.
TERMINATION AND CLOSING OF URBAN ACCOUNTS
Urban may at its sole discretion, without any reason or any requirement to provide notice in advance, restrict access to the Platform or disable or cancel any Advertisement without it being held liable for any loss or damage caused as a result of such termination.
Landlords may request that Urban remove an Advertisement for their Property from the Platform, by writing to: help@gourban.com. Please note that if the Advertisements are removed, Urban is not obliged to transfer the Advertisement Materials to any Landlord.
FEEDBACK
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
GOVERNING LAW
The Terms, the provision of our services through the Online Platform, and any non-contractual obligations connected with it shall be deemed to have been made, governed by, construed and interpreted in accordance with the federal laws of the UAE as applied in the Emirate of Dubai. The Users thereby submit to the UAE laws and jurisdiction for the enforcement of the provisions of these Terms and thus waive any and all rights to object to the UAE laws to enforce these Terms. This Clause will survive any expiry or cancellation and/or termination of the Terms for any reason.
JURISDICTION
Any dispute, difference or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, whether contractual or non-contractual, shall be referred to and finally resolved by arbitration under the Dubai International Arbitration Centre Arbitration Rules, which the rules of which are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be the city of Dubai (excluding the Dubai International Financial Centre).
The language to be used in the arbitral proceedings shall be English.
This arbitration clause shall be governed by, and construed in accordance with, the laws of the United Arab Emirates, as applied in the Emirate of Dubai.
Any award made by the arbitral tribunal shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction.
Nothing in this clause 16 shall prevent either party from applying to a Court of competent jurisdiction for urgent interim relief.
GENERAL PROVISIONS
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Urban and you pertaining to the subject matter hereof, and (unless otherwise expressly specified within these Terms or within a separate written agreement between you and us) supersede any and all prior oral or written understandings or agreements between Urban and you in relation to the access to and use of the Urban Platform.
No joint venture, partnership, employment, or agency relationship exists between you and Urban as a result of these Terms or your use of the Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms.
By using our Platform, our Services therein, and by agreeing with our Terms, you consent to abide by our third parties’ and contractors’ terms and conditions. For further information and/ or requesting a copy of the same, you can contact us and we will provide a copy of their terms and conditions.
If any provision(s) of these Terms is held to be invalid or unenforceable, such provision(s) will be struck and will not affect the validity and enforceability of the remaining provisions.
Urban’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without Urban's prior written consent. Urban may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms at any time remains unaffected, subject to your continued compliance with any applicable restrictions contained herein if you continue to occupy a Property at the time of termination.
Unless specified otherwise, any notices or other communications to Urban permitted or required under these Terms, will be provided electronically and given by Urban via either email, Platform notification, or messaging service (including SMS and WhatsApp).
CONTACT US
The Online Platform is owned and operated by Urban Technologies Ltd. If you have any questions about these Terms, or you know of a safety or abuse problem with any of our services covered therein by these Terms, we would like to hear about it right away. You can contact us by email, using the email address help@gourban.com.