1.1 PurpleHomes.Com (the “Site”) is a website and application (the “App”) which provides you with a service whereby developers may market and you may view details of properties for sale. There are no user fees or any other hidden fees.
1.3 By accessing or using the Site and App in any manner, including, but not limited to, visiting or browsing the Site and App or contributing content or other materials to the Site and App, you agree to be bound by these Terms.
1.4 We reserve the right to change these Terms from time to time by changing them on the Site and App. Your continued use of the Site and App will be bound by the new Terms. These Terms were last updated on 2015.
2. Access to the Site and App
2.1 To use the Site and App, you must be at least 18 years old. By continuing to use the Site and agreeing to these Terms you are representing to us that you are 18 years or over and we can rely on this representation.
2.2 We reserve the right to prevent you from using the Site and App if you have not complied with these terms.
2.3 We cannot guarantee the continuous, uninterrupted or error-free operability of the Site and App. There may be times when certain features, parts or content of the Site and App, or the entire Site and App become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site and App, or any features, parts or content of the Site and App.
2.4 We may issue upgraded versions of the Site and App and may automatically upgrade the version of the Site and App. We may change, expand and improve the Site and App. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Site and App.
3. Nominal Fee
3.1 We reserve the right to charge you a nominal fee where you book a viewing of a property.
3.2 You must pay this fee at the time of making your booking by using one of the following payment methods:
3.2.1 credit card payment through our Site and App.
3.2.2 direct deposit or bank transfer to the following account: Account holder: Purple Holdings Limited Bank: National Bank of Abu-Dhabi Account number: 6206480253
3.3 We will not issue refunds for any reason. If you cancel or are unable to make your viewing, you will not be refunded.
4. Prohibited Conduct
4.1 You may only use this Site and App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site or App on a computer screen, print and copy individual pages, and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and App and, where they apply, they will be displayed before you access the relevant features, parts or content. You agree that you will not use the Site or App for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorised non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
5. Access through Devices
5.1 If you are accessing the Site or App on a mobile device such as an iPhone or iPad, you will also need to agree to be bound by any additional terms issued by the platform provider, such as Apple, Inc. in order to use the Site and App on that device.
5.2 We do not warrant that the Site and App will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device.
5.3 You acknowledge and understand that when using the Site and App from your phone it will require and utilise phone service or data access. Carrier rates for phone and data may apply and you are responsible for any such charges.
6. Security and Privacy
7. Electronic Communications
7.1 When you use the Site and App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and ticket. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Intellectual Property Rights
8.1 All intellectual property rights (which includes rights such as copyright and rights in trade marks) in any content of the Site and App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or appropriately licensed to us. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us and you acknowledge that you do not acquire any ownership rights by downloading content from the Site and App. If you print off, copy or store pages from the Site and App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
9. Content on the Site and App
9.1 We may change the format and content of the Site and App from time to time. You agree that your use of the Site and App is at your sole risk.
9.2 We cannot and do not guarantee that any content of the Site and App will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
9.3 Purple Holdings attempts to be as accurate as possible. However, much of the property information associated with the Site and App is provided by third parties for which Purple Holdings Limited relies on to be accurate and non-misleading. Accordingly, Purple Holdings Limited does not warrant that the Site and App, property descriptions, and other content on this Site and App are complete, accurate, non-misleading, reliable, current or error-free.
9.4 We are not an estate agency and we provide a service whereby developers may market and you may view property details (the “Details”) together with other content hosted and developed by us. Developers are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and developers and we do not participate in any part of the transaction.
9.5 Details are hosted by us in good faith but are produced directly by developers. You acknowledge that Purple Holdings does not monitor, verify or approve the Details and that you are responsible for:
9.5.1 making your own enquiries and checking, confirming and satisfying yourself as to the accuracy of any Details;
9.5.2 for instructing a surveyor and obtaining legal advice before committing to any purchase; and
9.5.3 for ensuring that you act in good faith towards other parties.
10. CONTENT POSTED ON OTHER WEBSITES OR APPLICATIONS
10.1 Our Site and App may contain links to third party products, services and/or websites that are not affiliated with us. We are not responsible for the content of these websites or applications or for anything provided by them and do not guarantee that they will be continuously available. By linking to a Non- PurpleHomes.Com website or application, Purple Holdings Limited does not represent or imply that it endorses such website or application. Purple Holdings disclaims any responsibility for any harm resulting from your use of Non- Purple Holdings websites and applications.
11. Disclaimer of Warranties
11.1 The Site and App is provided without warranty and is provided on an “as is, as available basis”. We hereby disclaim all warranties of any kind, express or implied, arising by statute, custom, course of dealing or trade usage, with respect to the Site and App or the Services provided thereunder.
11.2 Notwithstanding the generality of the foregoing, Purple Holdings specifically disclaims the following with respect to the Site and App: implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service or property acquired by you from a third party; the accuracy, timeliness, security and performance of the Site and App; or freedom from any errors or viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
12. Limitation of Liability
12.1 In no event will we, our suppliers or licensors, be liable for (i) any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage) incurred by any user in connection with the Site and App or in connection with the use, inability to use, or results of the use of the Site and App, any websites linked to it and any materials posted on it (including the Details), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. However, nothing in this contract shall limit or exclude any liability on us for death, personal injury or any claim or action arising from our fraud or dishonesty.
13. General Representation and Warranty
14.1 You agree to indemnify, defend and hold harmless Purple Holdings, its shareholders and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, losses and expenses, including attorneys’ fees, arising out of your use or misuse of the Site and App, your violation of these Terms, your violation of any third party’s proprietary rights or any disputes between you and one or more users connected to or otherwise arising from the Site and App in any way.
15.1 You may not assign any part of these Terms without our prior written consent. We may assign our rights and obligations to an affiliate.
15.2 These Terms do not create any agency, partnership or joint venture among us.
15.3 If any provision in these Terms is or becomes invalid, illegal or unenforceable then it shall, to the extent required, be severed and shall be ineffective and the validity of the remaining provisions shall not be affected in any way.
15.4 These Terms constitute the entire agreement between us about the subject matter of these Terms and supersede and extinguish all earlier discussions, understandings and agreements between any of the parties.
15.5 No failure or delay by any party in exercising any right under these Terms shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude the exercise of any other right.
15.6 All notices, including those of termination or breach, must be in writing and addressed to the other party’s legal representative or primary contact via email. Notice will be treated as given on receipt. These notice requirements do not apply to legal service of process which is governed by applicable law.
15.7 These Terms will be governed by and interpreted in accordance with the laws of England/Dubai International Financial Centre.
15.8 In the event of a dispute arising between the parties in connection with this agreement:
15.8.1 where the dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either party to the said Tribunal; and
15.8.2 for all other disputes, the parties shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. If the dispute is not settled by mediation within 30 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause the number of arbitrators shall be one and the arbitration shall be conducted in Dubai.
16. Contact Us
16.1 Advertisers on the Site and App are licensed real estate developers. Our advertisers are contractually obligated to only list properties that are available for sale with the proper authority from the developer. Properties listed on the Site and App should be a fair and accurate portrayal of the property itself and the proposed transaction. Please contact us to report any suspected fraudulent or misleading property postings on our Site and App.
16.2 If you have any questions about this policy, please contact us:
Purple Holdings Limited
P.O. Box 118635, Dubai - United Arab Emirates
T : +971 4 388 5191
E : Contact@PurpleHomes.Com