THIS END USER CRM LICENCE AGREEMENT (Licence) is between you (Licensee or you) and VISIONFDS (Licensor, us or we) for use of aqar.ae, associated CRM components, the data supplied with the CRM, associated media including any updates, improvements and new versions which may be made by us from time to time and printed materials and / or electronic documentation (Documentation). This Licence constitutes a contract between you (including your agents) and us and governs your use of and access to the CRM, and website (aqar.ae and all sub-domains)
We licence use of the CRM and Documentation to you on the basis of this Licence. We do not sell the CRM and Documentation to you. We remain the owners of the CRM and Documentation at all times. The number and type of Licences granted to you are set out during registration.
If you do not agree to the terms of this Licence, we will not licence the CRM and Documentation to you and you must discontinue use immediately.
“Software” means the customer relationship management that can be accessed online through www.aqar.ae “Data” means electronic data and information submitted by, for, or on behalf of you, a representative of you, or a User to the services excluding content and non-aqar applications.
“Services” means the products and services that are offered to you under a free trial or provided under an Order Form. Services exclude content & applications that are owned or operated by aqar.ae
GRANT AND SCOPE OF LICENCE
In consideration of the payment of the Licence fee, we grant to you a non-exclusive, non-transferable licence to use the CRM and Documentation on the terms of this Licence.
You may use the CRM for your personal purposes (if you are a consumer) or your business purposes (if you are a business) and use any Documentation in support of the permitted use.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- Not to copy the CRM or Documentation.
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the CRM or Documentation.
- Not to make any alternations to, or modifications of, the whole or any part of the CRM nor permit the CRM or any part of it to be combined with, or become incorporate in, any other programs.
- To keep all login accounts to the CRM secure (including regularly updating secure login passwords) and to maintain accurate and up-to-date records of the number and locations of all users and licences using the CRM by yourself or your company.
- To supervise and control use of the CRM and ensure that the CRM is used only by your employees and representatives in accordance with the terms of this Licence. Under no circumstances should logins be created or shared with any competing real estate Software / CRM provider or any third party company without written consent from the Licensor.
- Not to modify, adapt, or hack the CRM or otherwise attempt to gain unauthorized access to the CRM or related systems or networks./li>
- To only login to the CRM using your own valid login credentials and to not login or attempt to login as any other user other than yourself.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the CRM and the Documentation throughout the world belong to us, that rights in the CRM are licensed (not sold) to you, and that you have no rights in, or to, the CRM or the Documentation other than the right to use them in accordance with the terms of this Licence.
You acknowledge that you have no right to have access to the CRM in source code form or in unlocked coding.
RESTRICTIONS ON USE
You shall not post, upload, input to, or otherwise transmit through, the CRM any material that:
- is invasive of privacy, defamatory, obscene or otherwise objectionable.
- gives rise to civil liability or otherwise violates any law.
- has not been lawfully obtained.
You agree to defend, hold harmless, and indemnify us and our personnel, employees, staff, agents, officers, directors and related parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your breach of clause 5.
Our privacy model is simple: our customer's data belongs to them, and we do whatever we can to protect it -- and nothing is more important to us than ensuring the security of our customers’ data. We advocate for policies that strengthen our ability to keep our customers’ data secure. You may upload information to the www.VisionFDS.com website including, without limitation, property listings, leads, contacts, personal information and information about your company (Content). You acknowledge and agree that we (including our affiliates and other authorized service providers) are entitled to access, modify and reproduce (Process) the Content but only to the extent necessary to provide support services in response to your requests. To the extent the Content includes personal data, you represent that you have the authority to consent on behalf of the relevant individual to the Processing of the Content in the manner contemplated by this Licence.
Keeping the Content secure and preventing unauthorized access to the Content is of utmost priority to us, and we take all steps reasonably necessary to protect the Content against any unauthorised access, use, alteration, disclosure or destruction. Whilst we have put in place physical, electronic and managerial procedures to secure and safeguard the Content, we will not be responsible for any unauthorised access by third parties.
We expressly disclaim any warranty for the CRM and/or Documentation. The CRM and Documentation is provided as is, and to the extent permitted by law, without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for purpose. We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the CRM and/or Documentation. We make no warranties with respect to harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. You agree that your use of the services on aqar.ae will be at your sole risk only.
LIMITATION OF LIABILITY
We shall not be liable for any direct and/or indirect damages arising out of your use of the CRM and/or Documentation. We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss or corruption of data or information, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage. We shall not be liable for the content of the CRM and/or Documentation including but not limited to errors, omissions, libel, infringements of rights, privacy and disclosure of confidential information.
This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the CRM and Documentation. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the CRM and Documentation which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
aqar.ae shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service for any reason whatsoever. aqar.ae does not take responsibility for any kind of technical issues or interruptions that limits the user access.
Without prejudice to any other rights, we may terminate this Licence if you fail to comply with the terms and conditions of this Licence. End-User should not use any abuse or improper contents or images. End-User or Client may not distribute copies of the aqar.ae to third parties. End-User or Client may not rent, lease the aqar.ae to any third party.
If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to VISIONFDS LLC at VisionFDS, M-14, Musaffah, UAE or by email to email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the CRM.
If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
This Licence constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence.
If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Questions regarding this policy, the website, services or content should be directed to firstname.lastname@example.org.