TERMS OF USE

Welcome to https://flatch.app (the “Site”) and/or our Flatch App mobile application (collectively the “APP”) brought to you by Flatch (“Flatch“, “we”, “us” and “our”), a company registered in Dubai, UAE.

These terms and conditions (the “Terms”) constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the APP and the services made available through it. By accessing or using the APP and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.

We reserve the right to change these Terms from time to time in our sole discretion. Your use of the APP will be subject to the most recent version of the Terms posted on the APP at the time of such use. We recommend that you read through the Terms available on the APP from time to time, so that you can be sure that you are aware of the latest version.

Contact Us

Email: [email protected]

Registration

• You will need to register with us in order to create and post any ads (also known as “posts”) on the APP. You can register by clicking on “Register” on the app by submitting the information required. You’ll need to provide a valid email address and a password, which you will be required to submit each time you log into the APP. You may also be required to submit some additional personal information about yourself as part of the registration process and the success of the service goal. Once you register, you will be considered a “User”.
  
• We also allow Users to log in to our APP using their Facebook or Google account details, by utilizing the Facebook/Google Connect feature. If you choose to create an account with us that’s linked to your Facebook/Google profile in this way you will only need to enter your Facebook/Google login details in order to create an account with us. By entering your Facebook/Google log in details you’re granting us permission to share certain information with Facebook/Google and display this on Flatch APP, so that we can provide you with an enhanced service.
  
• You must be both (a) at least 18 years old; and (b) of the age of majority under the laws of your jurisdiction, to be a Guest or User, and you are only permitted one account on the APP. Multiple live accounts are not permitted. By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have reached the age of majority under the laws of your jurisdiction; (iii) you have not previously been banned from the APP; and (iv) you do not already have an account registered with us.
  
• You agree that all registration information you submit to the APP will be truthful and accurate and you will maintain the accuracy of this information.
  
• Your account is for your use only and you agree that you will not share your account with any other person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the APP using your username and password (including, without limitation, any ads posted on the APP via your account). You should notify us immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission. Unless we have been notified otherwise we will be entitled to assume that any person logging into our APP using your username and password is you.
  
• We may at any time and for any or no reason refuse to accept a registration from any person. We may also terminate your account at any time (even if you have paid to upgrade), without warning for any or no reason, with or without prior notice or explanation and without liability and we may take legal action if needed based on your violation of these Terms.
  
  

Access and use of the APP

We do not charge any fees for registering an account with us. Some aspects of the APP are also made available free of charge, such as posting a single standard ad and browsing and searching on the APP.

• We also offer a number of additional features and functionalities on the APP that are only available to agents or members who have either (a) paid a specific fee for such additional features or functionality; or (b) paid to upgrade their account.
• You agree not to use the APP, or any information or material made available to you on the APP, in any improper or unlawful manner or in breach of any rule, regulation, legislation or license that applies to you.
• Without limiting the foregoing, you agree that when using the APP you will not:

1. harass others or disclose personal information about others that could amount to harassment;
2. publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offense;
3. upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
4. upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the APP or any other computer;
5. impersonate others or create false accounts or ads on the APP;
6. promote any activity that is illegal;
7. harvest information, with use of software or otherwise, from the APP for purposes other than as specifically authorized under these Terms;
8. solicit any users of the APP for purposes other than as specifically authorized under these Terms;
9. send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication
10. act in contravention of any policies for uploading content and/or posting ads that we may make you aware of from time to time; or
11. do or omit to do anything that, in our opinion: (i) brings us or the APP into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the APP; or (iii) materially prejudices us or the APP.

• You agree to comply with all reasonable instructions and requests from us regarding your use of the APP, including, but not limited to, providing any requested information for verifications regarding any ads/listings.
• You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the APP.
• You agree that we may, in our sole discretion, suspend access to the APP temporarily, or terminate the service entirely, in each case, without notice, in the case of system failure, maintenance or repair or for reasons beyond our control or for any or no reason whatsoever and we shall not be liable to you in any way for such suspended access or termination of service.
• You agree that your interactions with other members of the APP and our personnel, whether via message, email or over the telephone, will at all times remain respectful and courteous.
• You agree that any tenancy or lodger arrangements entered into in respect of any room and/or property you rent out will be in compliance with all laws and regulations; and you will act in accordance with such arrangements, laws and regulations at all times.

Posting and responding to ads on the APP

• You need to register an account with us in order to create and post an ad (also known as a “post”) on the APP. When you register for a free account on the APP, this enables you to post a single ad/posts for rooms and/or properties to rent on the APP at any one time. You can upgrade your account in order to be able to post additional ads/posts for rooms and/or properties available to rent at the same time.
• There are two types of ad that can be posted on the APP. The first is an ad that can be posted by any normal non-paying member who has registered an account with us (a “Free Ad”). The second type of ad, “Agent Ads”, can only be posted by Agents.
• To post an ad on the APP click on the “Post ad” link on the homepage and follow the instructions. By posting an ad on the APP you are representing and warranting (which is a legal promise) to us that:

1. all the information you include in your ad will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
2. any photos or videos you include in your ad will be current and accurate representations of the room(s) and/or properties you are advertising;
3. you will not use the property or allow others to use it for any illegal purpose or for a purpose which breaches public order or morals;
4. you confirm that you have obtained the landlord's approval in writing to share this property with others;
5. you have all necessary rights and permissions to advertise and/or rent or let the applicable room or property (note we reserve the right to request proof of such rights and/or permissions); and
6. all ads will comply with these Terms.

• You may not:

1. post multiple ads for the same room and/or property;
2. post dummy or fake ads for rooms and/or properties that aren’t available for let or aren’t available to be viewed; or
3. delete an ad and repost it.

• You are responsible for the content of any ads you post to the APP, including any errors, omissions or inaccuracies contained in such ads. We accept no liability to you or any other person for the content of any ads posted on our APP. We advise that you check the content of your ad immediately after posting it to the APP to ensure you are happy with it. You may edit or remove any ads you have posted on the APP at any time by logging into your account and clicking on the My Ads.
• You may contact other members of the APP via the messaging system on our APP. However, please be advised we will not reveal any of our members’ contact details or other personal information without the relevant members’ permission, or after the lister and the member both show interest in one another. We do not routinely monitor all communications between Users via the messaging system on our APP, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, any illegal behavior or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard communications sent via the messaging system on our APP after a minimum of 60 days or otherwise immediately if we feel that the message is unlawful or inappropriate.

• We reserve the right to refuse to list and/or deactivate any ads or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms or which we are instructed to refuse to list or deactivate by any court or law enforcement authority. In such cases no refunds will be given. We reserve the right to request proof of your right to post ads and/or other User Generated Content. In the event we: (a) receive any complaints about an ad or advertiser; (b) receive notice of an investigation into an ad or advertiser by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behavior conducted by an advertiser, we reserve the right to temporarily suspend the ad or account in question while we investigate the matter. After carrying out any such investigation we may terminate your account if we deem it appropriate to do so in our absolute discretion.

• We reserve the right to upload and publish any ads that are posted to the APP to other relevant portal websites from time to time, such as other third party property search websites. We will never post Users’ contact details with their ads on third party websites.
• All ads on the APP contain a public profile of the advertiser. By posting an ad you consent to information such as your age and gender being included in your profile.

Additional features for room and/or property advertisers

• This clause of these Terms only applies to members of the APP who are advertising rooms and/or properties. Any members of the APP advertising rooms and/or properties that have registered an account with us, and are paying for an upgraded service, may also elect to take advantage of some of the additional features and services we offer to those advertising rooms and/or properties as described in this clause of these Terms.

Additional features for room and/or property seekers

• Verification: If you are a member of the APP who is a room and/or property seeker then we may offer the ability for you to undertake a verification check (“Verification Check”) which consists of: verification of your cellphone number; verification of your name and date of birth using a form of photo identification, such as your driver’s license, passport or national id; and a criminal records check, including criminal records, terrorist watchlists and sex offenders registers.

• It is not a requirement for a room and/or property seeker to undertake a Verification Check in order to use the APP or place an ad seeking a room and/or property.

User generated content

• “Intellectual Property Rights” means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and

• “User Generated Content” means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the APP, including any ad or any such content or materials included in any ad.
• The APP includes functionality that enables you to submit or upload User Generated Content directly to the APP, including, without limitation, by posting ads on the APP. By posting any User Generated Content to the APP you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the APP:

1. which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
2. that you do not own or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the APP;
3. if submitting it to the APP would be a breach of any applicable data protection or privacy legislation; or
4. if submitting it to the APP would infringe the Intellectual Property Rights of another person.

• Flatch is committed to equal opportunities. You agree that you will not advertise on the APP in such a way as to discriminate against anyone based on nationality, race, ethnic or religious group, sexual orientation, age, gender or disability.
• You acknowledge that it is your responsibility to ensure that your ads comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.
• You acknowledge that any User Generated Content that you post to the APP may be seen by other users of the APP.
• You are responsible for your relationship with other members of the APP. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.
• You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of: any breach by you of the warranties and representations; and any third party claim against us in connection with any ads posted to the APP under your account.

Intellectual Property

• We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you post to the APP. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
• By submitting any User Generated Content to the APP you automatically grant us the indefinite worldwide right and license to use, host, store, reproduce, display, publish, perform, modify, manage, distribute, create derivative works, communicate, publicly display and distribute such User Generated Content as part of the APP or as part of any materials used to operate, promote, advertise or improve the APP anywhere in the world. Although we have no obligation to moderate content on the APP, we may monitor any information transmitted or received through the APP. We may reject, block, suspend or remove your content at any time and in our sole discretion. We in no way guarantee that your content or any part of it will be displayed on the APP.

• We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the APP.
• Save in respect of the User Generated Content, all Intellectual Property Rights in and to the APP and all content and materials contained on the APP are owned by and shall remain owned by us or our licensors. You may view, download and print any materials and information made available to you through the APP subject to the following conditions:

1. the material may only be used for your personal non-commercial use;
2. the material shall not be reproduced or included in any other work or publication in any medium;
3. the material may not be modified or altered in any way;
4. the material may not be distributed or sold to any third party; and
5. you may not remove any copyright or other proprietary notices contained in the material.

• These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.

Disclaimers

• To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the APP and all content, products and services provided through it are provided on an “as is” and “as available” basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the APP or any content, products and services provided through it including, without limitation, any warranties in relation to merchantability, fitness for a particular purpose, non-infringement or in relation to the quality, completeness, accuracy or reliability of the APP and all content, products and services provided through it. You use the APP and all content, products and services at your own risk.
• Without limiting the generality of the foregoing you acknowledge and agree that any rooms, apartments, houses, properties or tenancy arrangements are provided by our members and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
• We do not inspect any of the properties or rooms that feature in ads on our APP. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any properties or rooms listed on our APP.
• The information made available on the APP, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any ads or other information provided on the APP will be correct, accurate, up to date or meet your needs or requirements. The information provided on the APP is not intended to be professional or legal advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the APP is entirely at your own risk.
• Although we do our utmost to ensure a reliable service we do not guarantee that the APP will always be available or error free, that defects will be corrected, or that the APP or the server that makes it available are or will be always free of viruses or other harmful components.
• Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check the local laws of the jurisdiction in which you are resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you.
• Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.

Limitation of liability

• Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; or (c) any other liability which may not be limited or excluded by applicable law.

• Subject to clause above, you agree that we shall not be liable for:

1. any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or
2. any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data,
3. in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this APP or the services provided through it; (ii) any failure or delay in the use of any component of the APP or any service including, without limitation, any unavailability of the APP or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any ads, information, material, or other products or services offered through the APP, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our APP.

Third party sites

• This APP contains links to other websites and/or mobile applications operated by third parties that are not under our control. We make no guarantees, warranties or representations whatsoever about any third party websites and/or mobile applications that you may access through this APP, or any services that may be provided through such third party websites and/or mobile applications.
• Without limiting the foregoing, please note that any third party websites and/or mobile applications that you may access by clicking on a link available on our APP are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable to you for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites and/or mobile applications. If you choose to access any such third party website and/or mobile applications that we do not control, you do so entirely at your own risk. In addition, please note that your use of any such third party website and/or mobile applications may be subject to that third party’s additional terms and conditions.

Data Protection and Privacy

• We will only use any personal information that we may collect about you in accordance with our Privacy policy. Our privacy policy is an important part of these Terms and it is important that you read it. By accepting these Terms you also accept our use of your personal data in accordance with our privacy policy.

General

• These Terms and our privacy policy set out the full extent of our obligations and liabilities concerning the APP and the services offered through it and replace any previous agreements and understandings between us and you.
• You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
• You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
• If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
• If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
• The APP is operated from the UAE. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the UAE or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the UAE.
• We reserve the right to modify or amend at any time these Terms and Conditions. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our website or the Program you will be deemed to have accepted the new terms.