Consent to Use of Data/Privacy Realest consider “personal information” to mean information that can identify you as an individual or is capable of identifying you.
By personal information we do not mean general, statistical, aggregated, or anonymised information.
The type of personal information collected on the Software includes, but is not limited to: name, address, email address, phone number, and your involvement in a real estate transaction. Realest may also collect billing information such as credit card numbers. Contact information of other people may also be collected from or submitted by you during the transaction process or for other communication purposes.
Realest uses the information you provide when processing or completing a transaction on the Software to communicate to the other parties involved. Realest does not share this information with outside parties except to the extent necessary to complete a transaction, where required or permitted by law. Realest does not sell your personal information to third parties.
Realest uses the information you provide about someone else for communications required during the transaction process. If you provide personal information about your client(s) to Realest for the purpose of completing a transaction, you represent and warrant that you have obtained their consent to do so. Such information may be shared with outside parties to complete a transaction.
You agree, in accordance with the Protection of Personal Information Act, that Realest may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software.
You agree that Realest may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
Realest may provide aggregate statistics about sales, customers, patterns and other information to third parties, but these statistics will not include any information that could identify you.
REALEST: END-USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT (AGREEMENT) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE THIS SOFTWARE. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (“YOU”), AND REALEST LTD referred to herein as (“US”, “WE”, “OUR”, “REALEST”).
By purchasing, downloading, installing or otherwise using the Software made available by Realest, you acknowledge:
(i) that you have read this agreement;
(ii) that you understand it;
(iii) that you agree to be bound by its terms and you; and
(iv) to the extent you are entering into this agreement on behalf of a company, you have the power and authority to bind that company.
If you do not agree to the terms of this licence, we are unwilling to license the software to you and you must discontinue installation of the software now.
This agreement states the terms and conditions upon which Realest offers to license the Application together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with the Application (collectively, “the Software”).”
- Grant of License
1.1 This license granted to you for the Software by Realest is limited to a non-transferable, non-exclusive, limited license to use the Software on any device you own or control.
1.2 The Software is an application for facilitating property sales and transactions, and is available for use online or for download.
1.3 This license does not allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
1.4 You may not rent, lease, lend, sell, redistribute, or sublicense the Software. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software).
1.5 The foregoing prohibition includes but is not limited to a review of data structures or similar materials produced by the Software. Any attempt to do so is a violation of the rights of Realest.
1.6 You are prohibited from disclosing the results of any software benchmark tests without Realest’s prior written consent, or to modify, translate, adapt, arrange, error correct, make derivative works or otherwise make any other alteration to the Software or any portions or aspects thereof; exploit or use the Software in a manner not expressly authorized under this License.
1.7 The terms of the license will govern any upgrades provided by Realest that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
1.8 All right and title in and to the Software, including without limitation any and all copyright and any other intellectual property right, supplied to you shall be and remain the sole property of Realest and no intellectual property rights therein are granted or assigned under this agreement. You shall not at any time or in any way question or dispute the ownership of Realest of any such item and undertake not to infringe or prejudice any rights and/or obligations of Realest in and to the Software.
- Your Responsibilities
2.1 If you are a real estate agent or a real estate business then you agree to register, or have Realest register for you, an account with your agency to access and use certain features of the Software, such as mandate expirations, appointment information, feedback information and customer satisfaction. You agree to provide accurate, current, and complete information during the registration and keep your account profile information up to date at all times and that all such information may be shared with your agency. You may not register more than one account unless Realest authorises you to do so. You may not assign or otherwise transfer your account to another party.
2.2 You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Realest 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 account. You are liable for any and all activities conducted through your 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).
- Consent to Use of Data/Privacy
3.1 Realest considers “personal information” to mean information that can identify you as an individual or is capable of identifying you. By personal information we do not mean general, statistical, aggregated, or anonymised information.
3.2 The type of personal information collected on the Software includes, but is not limited to: name, address, email address, phone number, and your involvement in a real estate transaction. Realest may also collect billing information such as credit card numbers. Contact information of other people may also be collected from or submitted by you during the transaction process or for other communication purposes.
3.3 Realest uses the information you provide when processing or completing a transaction on the Software to communicate to the other parties involved. Realest does not share this information with outside parties except to the extent necessary to complete a transaction, where required or permitted by law. Realest does not sell your personal information to third parties.
3.4 Realest uses the information you provide about someone else for communications required during the transaction process. If you provide personal information about your client(s) to Realest for the purpose of completing a transaction, you represent and warrant that you have obtained their consent to do so. Such information may be shared with outside parties to complete a transaction.
3.5 You agree, in accordance with the Protection of Personal Information Act, that Realest may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software.
3.6 You agree that Realest may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3.7 The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
3.8 Realest may provide aggregate statistics about sales, customers, patterns and other information to third parties, but these statistics will not include any information that could identify you.
- Maintenance Services
4.1 Realest shall from time to time offer you required or automated updates, modifications, and/or reinstallations of the Software. Such updates or modifications may be required to address security, interoperability, and/or performance issues of the Software. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.
- Billing, renewals, and payment
5.1 Monthly and Annual Plans. Except for No-Charge Products, all Realest Products are offered either on a monthly subscription basis or an annual subscription basis.
5.2 Renewals & refunds. Except as otherwise specified in your Order, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Realest Products or contacting our support team. Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Realest Product continuing to be offered and will be charged at the then-current rates.
5.3 Adding Users. You may add users, by placing a new Order or modifying an existing Order by arrangement with the Realest support team. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term.
5.4 You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. If a PO number is required in order for an invoice to be paid, then you must provide such PO number to Realest by emailing the PO number to [email protected].
5.5 We will deliver the login instructions for Realest Products to your account or through other reasonable means no later than when we have received payment of the applicable fees. You are responsible for accessing your account to determine that we have received payment and that your Order has been processed. All deliveries under these Terms will be electronic.
- Taxes not included.
6.1 Your fees under these Terms exclude any taxes or duties payable in respect of the Realest Products in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.
6.2 Withholding Taxes. You will pay all fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If we qualify for a tax exemption, or a reduced treaty withholding rate, we will provide you with reasonable documentary proof. You will provide us reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.
- Evaluations, trials, and betas.
7.1 We may offer certain Realest Products (including some Realest Apps) to you at no charge, including free accounts, trial use and Beta Versions as defined below (collectively, “No-Charge Products”). Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta Realest Products, and any pre-release and beta features within generally available Realest Products, that we make available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Realest Products. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions. All information regarding the characteristics, features or performance of any No-Charge Products (including Beta Versions) constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Products, including any Support, warranty and indemnity obligations.
8.1 The license is effective until terminated by you or Realest .
8.2 Your rights under this license will terminate automatically without notice from Realest if you fail to comply with any material term(s) of this license including if you breach any of the License restrictions set forth herein, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse engineering, distribution of any software of Realest , or engage in any activities prohibited by law; or if you engage in the unauthorized use of any software of Realest or infringe any intellectual property rights of Realest .
8.3 Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software including (i) copies of the Software not integrated into a live, functioning instance of your device and (ii) copies of the Software already installed, implemented and deployed for your device.
- Third Party Software
9.1 You acknowledge that the Software may include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites.
9.2 By using the Third Party Materials, you acknowledge and agree that Realest is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
9.3 Realest does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials, or web sites, or for any other materials, products, or services of third parties.
9.4 You agree that any Third Party Materials contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services. No portion of the Third Party Materials may be reproduced in any form or by any means.
9.5 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Materials, in any manner, and you shall not exploit the Third Party Materials in any unauthorised way whatsoever.
- No Warranty
10.1 You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
10.2 To the maximum extent permitted by applicable law, the Software and any services performed or provided by the Software (“services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and Realest hereby disclaims all warranties and conditions with respect to the Software and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
10.3 Realest does not warrant against interference with your enjoyment of the Software, that the functions contained in, or services performed or provided by, the Software will meet your requirements, that the operation of the Software or services will be uninterrupted or error-free, or that defects in the Software or services will be corrected.
10.4 No oral or written information or advice given by Realest or its authorized representative shall create a warranty.
- Limitation of Liability
11.1 To the extent not prohibited by law, in no event shall Realest be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, however caused, regardless of the theory of liability (contract, tort, delict or otherwise) and even if Realest has been advised of the possibility of such damages.
11.2 You use of this Software and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
11.3 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Realest be liable for any loss, harm, or damage suffered by you as a result thereof. Realest reserves the right to request independent verification of any information transmitted via email and you consent to such verification should Realest deem it necessary.
11.4 Realest’s liability for faulty execution of the Software as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the Software shall be limited to Realest rectifying the malfunction, within a reasonable time and free of charge, provided that Realest is notified immediately of the damage or faulty execution of the Software. This liability shall fall away and be expressly excluded if you attempt to correct or allows third parties to correct or attempt to correct the Software without Realest prior written approval. However in no event shall Realest be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Software or its use or the delivery, installation, servicing, performance or use of it in combination with other device software.
- Product Discontinuance
12.1 Realest reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software.
- Intellectual Property
13.1 All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of Realest that are used in connection with the Software are and shall at all-time remain exclusively owned by Realest.
13.2 All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
14.1 This License will be governed by the law of Mauritius, without regard to the conflict of laws principles thereof. If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
14.2 This Agreement constitutes the entire agreement between us and no agreements, variations, representations or warranties between us other than those set out in writing and signed by us shall be binding upon us.
14.3 The failure by one of us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequent to enforce all terms and conditions of this Agreement.
14.4 Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions shall be severable from the remaining terms and conditions of the agreement, which shall continue to be valid and enforceable. If any term or condition, held to be invalid, is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
14.5 Realest may from time to time modify the terms of this agreement which will be accessible from within the application. Realest will use reasonable endeavours to inform you of any modification to this agreement. You will be deemed to have accepted the agreement as amended where you continue to use the Software after any amendments are posted.
14.6 The headings are for convenience or reference only and may not be used in the construction and/or interpretation of the clauses in this agreement.
15.1 You acknowledge that you have read this agreement, that you understand this agreement, and understand that by continuing the installation of the Software, by loading or running the Software, or by placing or copying the Software onto your mobile device, you agree to be bound by this agreement’s terms and conditions. You further agree that, except for written separate agreements between Realest and you, this agreement is a complete and exclusive statement of the rights and liabilities of the parties.