TERMS AND CONDITIONS FOR "HOMZLY" APP
Effective Date: March 27, 2025
Section I: Definitions
For the purposes of this Terms and Conditions document, the following terms shall have the meanings ascribed to them below:
- App refers to the "homzly" mobile application, available on various platforms.
- Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that are displayed, uploaded, downloaded, or otherwise made available through the App.
- DIFC refers to the Dubai International Financial Centre.
- Effective Date means March 27, 2025, the date on which these Terms and Conditions shall come into effect.
- Homzly refers to the entity providing the App and its services.
- Intellectual Property Rights means all patent rights, copyright rights, trademark rights, rights in trade secrets, database rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
- Listings refer to the property listings posted by users on the App for sale or rent.
- Payment Processor refers to any third-party service provider that facilitates payment transactions on the App.
- Services refer to all features, functionalities, and services provided through the App.
- Terms and Conditions or Agreement refers to this document outlining the terms of use for the App.
- User or You refers to any individual or entity that accesses or uses the App.
- User-Generated Content refers to any Content uploaded, posted, or otherwise made available by Users through the App.
Section II: General Terms and Conditions for the Homzly App
This Agreement governs the use of the "homzly" App and its Services. By accessing or using the App, Users agree to be bound by these Terms and Conditions. If a User does not agree to these Terms and Conditions, they must not access or use the App.
User Accounts and Registration
To access certain features of the App, Users may be required to register for an account. Users must be at least eighteen (18) years of age to create an account and use the App. During the registration process, Users agree to provide accurate, current, and complete information. Users are solely responsible for maintaining the confidentiality of their account login details, including usernames and passwords, and for all activities that occur under their account. Users must notify Homzly immediately of any unauthorized use of their account or any other breach of security. Homzly reserves the right to suspend or terminate User accounts at any time for any reason, including but not limited to a breach of these Terms and Conditions.
Acceptable Use of the App
Users agree to use the App and its Services only for lawful purposes and in a manner that does not infringe the rights of Homzly or any third party. Users are prohibited from engaging in any of the following activities:
- Using the App for any unlawful purpose or in any way that violates any applicable local, national, or international law or regulation.
- Transmitting any material that is defamatory, offensive, obscene, indecent, abusive, hateful, harassing, or otherwise objectionable.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity.
- Interfering with or disrupting the operation of the App or the servers and networks used to make the App available.
- Attempting to gain unauthorized access to any portion of the App, other User accounts, or any computer systems or networks connected to the App.
- Using any robot, spider, scraper, or other automated means to access the App for any purpose without Homzly's express written permission, including but not limited to scraping data for commercial purposes.
- Transmitting any viruses, worms, malware, or other harmful code.
- Engaging in any activity that could damage, disable, overburden, or impair the App or its Services.
- Using the App to generate unsolicited advertisements or spam.
- Reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purpose all or any portion of the App or any Content, except as expressly permitted by these Terms and Conditions.
- Reverse-engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the App or its Content.
Intellectual Property Rights
The App and its original Content, features, and functionality are and will remain the exclusive property of Homzly and its licensors, protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Homzly grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for its intended purpose in accordance with these Terms and Conditions. Users shall not reproduce, modify, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without the prior written consent of Homzly, except as expressly provided in these Terms and Conditions. All rights not expressly granted herein are reserved by Homzly. Users are prohibited from using Homzly's trademarks, service marks, logos, or trade names without Homzly's prior written consent.
User-Generated Content
The App may allow Users to upload, post, or otherwise make available Content, including property listings, reviews, and other materials ("User-Generated Content"). Users retain ownership of any Intellectual Property Rights that they hold in their User-Generated Content. By uploading, posting, or making available User-Generated Content on the App, Users grant Homzly a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content in connection with the App and Homzly's business, including for promotional and marketing purposes. Users represent and warrant that they have all necessary rights to grant this license and that their User-Generated Content does not violate these Terms and Conditions or infringe the rights of any third party. Homzly reserves the right, but not the obligation, to monitor, review, edit, remove, or refuse to post any User-Generated Content at its sole discretion, without notice, for any reason, including if it violates these Terms and Conditions.
Privacy Policy
The use of the App is also governed by Homzly's Privacy Policy, which is incorporated into these Terms and Conditions by reference. The Privacy Policy outlines how Homzly collects, uses, and protects Users' personal information. By using the App, Users consent to the collection and use of their information as described in the Privacy Policy. Users are encouraged to review the Privacy Policy to understand Homzly's data practices.
Security of the App
Homzly strives to ensure the security of the App and User accounts; however, Users acknowledge that the internet and mobile applications are not completely secure, and Homzly cannot guarantee that the App will be free from unauthorized access, viruses, or other harmful components. Homzly will use reasonable endeavors to maintain the availability of the App and its Services but does not guarantee that the App or the Services will operate continuously, without interruptions, or be fault-free. Homzly may, from time to time, perform maintenance on the App, which may result in temporary service interruptions. Homzly accepts no liability for any interruption or loss of service.
Third-Party Links and Content
The App may contain links to third-party websites, applications, or resources that are not owned or controlled by Homzly. Homzly has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites, applications, or resources. Users acknowledge and agree that Homzly is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites, applications, or resources. Homzly does not endorse any third-party websites, applications, or resources that are linked to or from the App.
Section III: Property Sales Regulations
The following section outlines specific regulations pertaining to property sales facilitated through the "homzly" App in the United Arab Emirates, the Kingdom of Saudi Arabia, the Sultanate of Oman, and the Arab Republic of Egypt. Users engaging in property sale transactions through the App are responsible for complying with the laws and regulations of the respective country where the property is located.
United Arab Emirates (UAE)
The purchase and sale of property in the UAE are governed by a comprehensive set of federal and emirate-level laws. Foreign ownership is generally permitted in designated freehold areas within each emirate, such as Dubai Marina, Palm Jumeirah, and Yas Island in Abu Dhabi. In leasehold areas, expatriates can acquire property on a long-term lease basis, typically up to 99 years. All real estate transactions must be registered with the relevant land department in the respective emirate to ensure legal validity.
Advertising of properties for sale or rent in the UAE is strictly regulated. In Dubai, real estate brokers and developers must obtain advertising permits through the Real Estate Regulatory Agency's (RERA) Trakheesi system before publishing any listings online or offline. These permits ensure that the advertised properties are legitimate and that the listings contain accurate information. Similar regulations may exist in other emirates, and Users are advised to verify the specific requirements for the location of the property. Online property portals must also adhere to guidelines set by the respective land departments regarding the content and display of listings.
Sellers in the UAE have a legal obligation to disclose all relevant details about the property, including any hidden defects or legal issues. Buyers are responsible for conducting thorough due diligence, including verifying the property's legal status and ensuring that all contracts accurately reflect the terms of the agreement. The Federal Decree-Law No. 14 of 2023 concerning Trading by Modern Means of Technology (E-Commerce Law) also applies to online transactions in the UAE, including those related to real estate, and sets out requirements for digital traders and consumer rights.
Kingdom of Saudi Arabia
Property ownership in Saudi Arabia is subject to specific regulations for Saudi nationals and foreign investors. Non-Saudi investors, both individuals and companies, may acquire real estate necessary for their residence or business activities, subject to obtaining approvals from the relevant authorities. Foreigners residing in Saudi Arabia typically require a valid residency permit (Iqama) to purchase property, and there may be restrictions on ownership in certain zones, such as religious areas in Mecca and Medina.
Real estate advertising in Saudi Arabia is regulated by the General Real Estate Authority (REGA). As of 2021, only Saudi citizens are permitted to advertise real estate in the Kingdom. Advertisers must register their names on the National Single Sign-On platform (NAFAZ) and must be the property owner, a legal agent, or a licensed real estate broker under a written authorization or a court order. Electronic real estate platforms are also subject to licensing and class Nameification requirements to ensure reliability. Listings on online platforms must include the licensed advertiser's name and advertising license number, as well as the brokerage and marketing license number for brokers.
The process of purchasing property in Saudi Arabia involves several steps, including eligibility verification, property selection, legal due diligence, securing financing, negotiation, and agreement. Buyers should conduct thorough legal checks on the property to ensure there are no legal impediments. Sellers are required to provide valid legal documents proving ownership and disclose any encumbrances, such as mortgages or liens, before completing a sale.
Sultanate of Oman
Property ownership in Oman is divided into freehold and leasehold categories. Foreign nationals can typically only buy freehold properties within designated Integrated Tourism Complexes (ITCs). Leasehold properties grant ownership rights for a defined period, usually 50 to 99 years. All property transactions must be registered with the Ministry of Housing and Urban Planning.
Advertising of local properties in Oman requires a permit from the Ministry of Commerce, Industry and Investment Promotion (MoCIIP). The main language of advertisements should be literary Arabic, although English can be used alongside. The content of advertisements must not be against public order, morals, security, customs, or religious beliefs. Real estate brokers in Oman must obtain a special license from MoCIIP and register with the Ministry of Housing. Oman has also begun implementing e-commerce regulations, which may require online real estate platforms to obtain specific licenses.
The legal process for buying property in Oman includes research and property selection, a preliminary agreement between the buyer and seller, due diligence to verify the property's legal status, a formal sales contract, payment and escrow arrangements, obtaining a No Objection Certificate (NOC) from the Ministry of Housing and Urban Planning for foreign buyers, and the final transfer of ownership.
Arab Republic of Egypt
Property ownership in Egypt is governed by the Civil Code and other specific laws. Foreigners are permitted to own residential property in Egypt, with a maximum of two properties, each not exceeding 4,000 square meters. Foreigners cannot own non-residential property or land earmarked for agriculture. All property purchases by foreigners require government clearance from the Council of Ministers. Sales agreements must be registered at the Real Estate Registration Office to be legally effective.
Advertising in Egypt is regulated by the Supreme Council for Media Regulation (SCMR). Advertisements must not be misleading or deceptive, and pre-approvals are required for advertising certain products like health supplements and pharmaceuticals. Real estate brokers in Egypt must be registered in the Real Estate Brokers Registry with the General Authority for Export and Import Control (GOEIC) according to Law No. 21 of 2022. Foreign ownership of real estate brokerage companies is restricted. Egypt also has an official Egyptian Real Estate Platform, which aims to centralize property listings and enhance market transparency. The E-commerce Law in Egypt requires obtaining consent from data subjects for electronic marketing, which may affect online property advertising.
The purchase of property in Egypt typically involves appointing a solicitor, securing finances, finding and viewing properties, conducting due diligence to verify the property's legal status, negotiating the purchase conditions and signing a purchase agreement, applying for government clearance, finalizing financing, and completing the purchase. Sellers are obligated to provide all legal documentation related to the property and ensure compliance with local zoning regulations.
Section IV: Payment Terms
Users may be required to pay fees for certain Services offered through the App, such as listing fees or premium features. Homzly accepts various payment methods, which will be specified within the App. Billing cycles and subscription fees, if applicable, will also be detailed within the App. All payments must be made in the currency specified by Homzly at the time of purchase. “We accept payments online using Visa and MasterCard credit/debit card in AED.” Homzly reserves the right to change its fees and payment policies at any time, with notice to Users. Unless otherwise stated, all fees are non-refundable. Policies on cancellations and late payments will be outlined within the App. If Users make in-app purchases through the Google Play Store or Apple App Store, those purchases are subject to the respective app store's payment policies. Users are responsible for paying any applicable taxes, including value-added tax (VAT), on any fees or purchases made through the App. “Refunds will be done only through the Original Mode of Payment.”
OFAC Sanctions Clause
“Homzly will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.”
Section V: Accessibility
Homzly is committed to making the App accessible to all users, including those with disabilities. The App is designed with consideration for accessibility standards and guidelines, such as the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Homzly has implemented various features to enhance accessibility, which may include but are not limited to providing text alternatives for images, ensuring sufficient color contrast, and supporting keyboard navigation.
Users who encounter accessibility barriers while using the App are encouraged to contact Homzly for assistance. Feedback on the accessibility of the App is welcome and will be used to make improvements. Contact information for reporting accessibility issues can be found within the App or on Homzly's website. Homzly strives for full compliance with applicable accessibility standards; however, Users may encounter some limitations. Homzly is continuously working to improve the accessibility of the App.
Section VI: Reporting Illegal or Infringing Content
Homzly respects the intellectual property rights of others and expects its Users to do the same. If a User believes that any Content on the App violates these Terms and Conditions or infringes upon their intellectual property rights or the rights of others, they are encouraged to report it to Homzly immediately. Reports should include specific details about the alleged illegal or infringing content, including the specific URLs or location of the content within the App, details about the violation, and any necessary background information to help Homzly evaluate the report effectively.
Users can typically report content through mechanisms provided within the App or by contacting Homzly directly using the contact information provided in these Terms and Conditions or on Homzly's website. Homzly will review reported content and take appropriate action, which may include investigating the content and removing or disabling access to it if it is found to be in violation of these Terms and Conditions or applicable laws. If the reported content appears in multiple locations within the App, a separate report should be submitted for each instance. Users should also be aware of the reporting mechanisms provided by app stores like Google Play and the Apple App Store for reporting illegal or infringing content found within apps distributed on their platforms.
Section VII: Disclaimers
The App is provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. Homzly does not warrant that the App will be error-free or that access to the App will be uninterrupted. Homzly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Homzly does not guarantee the accuracy, completeness, or reliability of any property listings, descriptions, photographs, pricing information, availability, or other content provided by users or third parties on the App. Users are solely responsible for verifying the accuracy of such information and conducting their own due diligence before making any decisions or taking any actions based on the information provided on the App. Any property valuation tools, estimates, or market data provided on the App are for general informational purposes only and should not be considered professional advice.
Homzly is not responsible for any interactions, communications, agreements, transactions, or disputes between users of the App and any third parties, including but not limited to real estate agents, property owners, landlords, tenants, buyers, or sellers. Users acknowledge that they use the App at their own risk.
Section VIII: Market Data and Insights
The market data and insights provided within the 'homzly' app are sourced from Reidin (https://insight.reidin.com/).
Reidin is responsible for the compilation, analysis, and provision of these insights, with a particular focus on Return on Investment (ROI) data.
Users acknowledge and agree that Reidin assumes all legal responsibilities for the accuracy, reliability, and completeness of the market data and insights provided.
Section IX: Indemnification
Users agree to indemnify, defend, and hold harmless Homzly and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to their use or misuse of the App, their User-Generated Content, their breach of these Terms and Conditions, or their violation of any rights of another party. This indemnification obligation will survive the termination of these Terms and Conditions and the User's use of the App. Homzly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, in which event Users will cooperate with Homzly in asserting any available defenses.
Section X: App Updates
Homzly may, from time to time, in its sole discretion, develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Users agree that Homzly has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Users may be required to promptly download and install all Updates to ensure that the App functions properly and securely. Failure to install Updates may result in the App not operating correctly or becoming vulnerable to security risks. Users acknowledge and agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement. Homzly may provide notice of Updates within the App or through other communication channels.
Section XI: Dispute Resolution
Users and Homzly agree that any legal or equitable claim or dispute arising out of or relating in any way to the App, these Terms and Conditions, or the relationship between the parties will be resolved in accordance with the provisions set forth in this section.
In the event of a dispute, Users and Homzly agree to first attempt to resolve the issue informally through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties may agree to pursue mediation, whereby a neutral third party assists in reaching a settlement.
If negotiation and mediation fail to resolve the dispute, the parties agree that any unresolved claim or controversy arising out of or relating to these Terms and Conditions, or the breach thereof, shall be finally and exclusively settled by binding arbitration administered by a recognized arbitration body in the DIFC, in accordance with its rules and procedures in effect at the time the arbitration is initiated. The language of the arbitration shall be English. The arbitrator shall have the authority to grant any remedies available in a court of law or equity. The decision of the arbitrator shall be final and binding on both parties.
To the fullest extent permitted by applicable law, Users and Homzly each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a className, consolidated, or representative action. Users and Homzly each waive any right to participate in any className action lawsuit or className-wide arbitration.
Section XII: Governing Law and Jurisdiction
These Terms and Conditions and any purchase, dispute, or claim arising out of or in connection with the Homzly application shall be governed and construed in accordance with the laws of the United Arab Emirates.
For the purposes of dispute resolution and enforcement, the parties agree to submit to the exclusive jurisdiction of the courts of the Dubai International Financial Centre (DIFC), unless UAE federal law mandates otherwise.
Section XIII: Effective Date
These Terms and Conditions shall be effective as of March 27, 2025.
Section XIV: Return, Cancellation & Replacement Policy
"Due to the nature of our digital services and real estate listings, Homzly does not offer returns or replacements once a transaction has been completed. However, if a payment was made in error or a duplicate charge occurred, you may request a cancellation within 24 hours, subject to review. All refunds, if approved, will be made through the original mode of payment."
Conclusion
This comprehensive Terms and Conditions document outlines the legal framework governing the use of the "homzly" App. It details the responsibilities and rights of both the Users and Homzly, covering aspects from general app usage to specific regulations for property sales in the UAE, Saudi Arabia, Oman, and Egypt. By adhering to these terms, Users can ensure a secure and compliant experience while utilizing the App's Services. Homzly remains committed to providing a platform that respects user rights, protects intellectual property, and operates within the bounds of applicable laws and regulations.