Terms & Conditions

1.1 The following capitalized terms shall have the following meaning, except where the context otherwise requires:

“Applicable Law ” means any law, proclamation, decree, ministerial decision, statute, statutory instrument, order, regulation, resolution, notice, legal precedent, by- law, directive, treaty or other instrument or requirement having the force of law within the UAE and issued, declared, passed or given effect in any manner by any government authority;

“Buyer” means a buyer of a property;

“Property” means a building, land, property for sale or property lease. mobile phone,

“Intellectual Property Rights” means all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions;

“List Price” means the price at which a property is listed for purchase on the App/ Website;

“Parties” means Senaa Real Estate and the Users, and each shall be referred to as a “Party”;

“Personnel” means a Party’s officers, directors, employees, agents, contractors, sub-contractors and representatives;

“Registration Details” means the details a prospective seller or buyer must provide upon registering for the Services on the App and the Website from time to time (for example: name, phone numbers, email address, age, address and/or tax status) and any documentation as may be requested by Senaa Real Estate from time to time;

“Buyer” means a buyer of a property;

“Seller” means a seller of a property;

“Seller Offer” means an offer submitted by Senaa Real Estate to sell property through the Services;

“Services” means the services provided by Senaa Real Estate, pursuant to which Users can buy property through the App;

“Terms and Conditions” means these terms and conditions with respect to the Services, as may be amended by Senaa Real Estate from time to time;

“Unacceptable” means:

• (a) illegal, illicit, indecent, obscene, racist, offensive, pornographic, pedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libelous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
  
  
• (b) in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
  
  
• (c) in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
  
  
• (d) harmful to Senaa Real Estate’ reputation.
  
  

“Users” means Sellers and Buyers, and each shall be referred to as a “User”;

“VAT” means value-added-tax;

2.1 These Terms and Conditions shall be applicable with respect to the Services rendered by Senaa Real Estate, and Users agree to fully comply with them .

2.2 Sena Homes may revise, amend, discontinue or make any other changes to the Services at any time. Senaa Real Estate will use reasonable endeavours to provide notification of material changes by posting a message informing Users.

2.3 For the avoidance of doubt, the Company is providing properties.

2.4 Users warrant and represent that all information supplied or made available to Senaa Real Estate by or on behalf of Users is true, accurate and not misleading or deceptive. Senaa Real Estate has the right, but not the obligation, to remove from the App/Website without notice any content supplied by or information relating to Users whenever Senaa Real Estate deems such action necessary in its absolute discretion.

2.5 Users shall, when using the Services:

• (a) ensure that Users and their respective Personnel comply with the Apps Terms of Use and Applicable Law; and
• (b) obtain all necessary rights, licences and consents from regulatory authorities and other third parties.

2.6 Users shall ensure that their respective Personnel comply with all security procedures relevant to the use of the Services and interacting with Senaa Real Estate. Users shall inform Senaa Real Estate immediately if relevant security credentials are compromised in any way. Users shall indemnify (and keep indemnified) Senaa Real Estate for any loss to Senaa Real Estate resulting from the disclosure of any security credentials to a third party and/or failure by Users to keep any security credentials secure, whether such disclosure or failure was committed by an employee of such Users or otherwise.

2.7 Users hereby consent to the monitoring and recording by Senaa Real Estate at any time of any communications, information or data exchanged between the Parties or suppliers of the Parties and in connection with these Terms and Conditions, use of the Services and the App.

2.8 The User’s Registration Details and data relating to its use of the App will be recorded by the Company, but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.9 below) nor used for any purpose unrelated to the App. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.

2.9 The User hereby authorises the Company to use any information which it submits to the App to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.8 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

2.10 If the User does not wish the Company to use its information as set out in Clause 2.8 above, it should leave the App/Website before submitting its personal details.

2.11 You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.

2.12 The Company reserves the right to suspend or terminate a user’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity. The Company’s rights under this Clause 2.7 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.

2.13 Sena Homes will not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions by reasons, events or other matters beyond Senaa Real Estate’s reasonable control.

2.14 No failure or delay by either Party to enforce, or exercise, or any partial, single or defective exercise of enforcement, of any right, remedy, power or privilege given to that Party pursuant to these Terms and Conditions shall constitute a waiver or partial waiver of any right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time. Any waiver of any right, remedy, power or privilege will be effective only if made in writing.

2.15 Senaa Real Estate is entitled to assign or subcontract any or all of its rights and obligations under these Terms and Conditions. A User shall not assign or otherwise transfer its rights, interests or obligations under these Terms and Conditions to any third party without the prior written consent of Sena Homes.

2.16 Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or joint venture between the Parties.

2.17 Nothing in these Terms and Conditions shall confer, nor be intended to confer, any right or benefit on any third party.

2.18 If any term of these Terms and Conditions is found to be illegal, void, invalid or unenforceable under the laws of any jurisdiction this will not affect the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction, and the legality, validity and enforceability of these Terms and Conditions in any other jurisdiction shall not be affected.

2.19 If these Terms and Conditions are translated into any other language, and there is a discrepancy between the English text and the text of the other language, the English text will govern.

2.20 These Terms and Conditions are governed by the law of the England. Any dispute which is not settled amicably between the Parties shall be finally settled by the courts of the England.

2.21 The Senaa Real Estate owns all Intellectual Property Rights in and associated with the APP, Website and the Services provided, including without limitation, any trademarks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the App should be construed as granting by implication or otherwise, any license or right to use any trademark displayed without our written permission.

2.22 The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.

Seller Requirements

3.1 A Seller must:

• (a) be at least eighteen (18) years of age, in the case of an individual;
  
  
• (b) be legally capable of entering into a contract with Sena Homes;
  
  
• (c) not have any criminal record and be compliant with all Applicable Laws;
• (d) have valid identification or incorporation documents as requested by Senaa Real Estate, in the case of an individual or legal entity, respectively.
  
  

3.2 Each Seller warrants and represents that:

• (a) it is the legal owner of the property and is legally authorised to sell the property;
  
  
• (b) their use of the App and sale of the properties would not be in breach of any Applicable Law or agreement or contract to which the Seller is a party; and
  
  
• (c) the property is free from any encumbrances.
  
  

3.3 The Seller must provide a true, accurate and correct description of the properties and its specifications including, but not limited to the size, the type, the location and the condition.

3.4 The Seller must keep confidential any user identification and password details set- up or given to the Seller as part of Senaa Real Estate security procedures and must not disclose them to any third party.

3.5 Senaa Real Estate may refuse to provide the Services to a buyer or seller, in its sole discretion, and where Senaa Real Estate considers that the buyer or seller has not complied with any obligation in this clause 3.

Buyer Requirements

4.1 All Buyers must:

• (a) be at least eighteen (18) years of age, in the case of an individual;
  
  
• (b) be legally capable of entering into a contract with Senaa Real Estate;
  
  
• (c) not have any criminal record and be compliant with all Applicable Laws;
• (e) have valid identification or incorporation documents as requested by Senaa Real Estate, in the case of an individual or legal entity, respectively.
  
  

4.2 Each Buyer warrants and represents that:

• (a) they are legally authorised to purchase the property; and
  
  
• (b) their use of the App and purchase of property is not in breach of any Applicable Law including, without limitation, anti-money laundering laws or any agreement or contract to which the Buyer is a party.