Privacy Policy & Terms of Use

Last update: January 03, 2019

  1. Acceptance of Terms of Use
    1. This Terms of Service agreement is (“Terms of Service”) are entered into between you (“Customer”), and, M/s ISKAAN TECH- FZCO, a Dubai Based company, for the purpose of using “ISKAAN” (“إسكان”), a SaaS based online community management software.
    2. If Customer, on behalf of a company or any other person, accepts to these Terms of Service, then Customer represents and warrants that Customer has valid legal authority to bind that company or other legal entity to these Terms of Service.
    3. By accessing, browsing and/or using this web site (“Site”) Customer acknowledges that Customer has read, understood and accepted to be bound by these terms and to comply with all applicable laws and regulations. If Customer does not agree to these terms, then do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that ISKAAN TECH- FZCO may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
  2. Software
    1. ISKAAN TECH’S proprietary software branded as “ISKAAN” (“إسكان”), an online community management software which provides access to a proprietary online software service for managing real estate properties, with the following functionality (depending on the version selected):
      1. Maintain accounting records for each property,
      2. Track tenants, association owners, charges and payments,
      3. Provide online access for staff, owners, residents, and committee members,
      4. Receive service request and process,
      5. Create and publish maintenance request,
      6. Receive quotations from vendors
      7. Accept and issue payments, and
      8. Publish and award contracts online.
    2. To avoid any doubts, data in the software is not entered by ISKAAN TECH- FZCO. All data and updates, including but not limited to the following, is entered by customer or third parties (such as community, developers etc) not associated with ISKAAN TECH- FZCO,
      1. Information about the relevant community;
      2. Contact information of the community;
      3. Service charges information, statement of accounts;
      4. Building, unit or villa information;
      5. Information about common area and outstanding bills;
      6. Statement of account
      7. Account details of the owner association;
      8. Job descriptions / scope of services for venders
      9. Bidding information and method
      10. Any other information posted by any third party.
    3. All Payment instructions for owners is entered into the system by the customer, therefore, all payments made by owners are paid directly to the relevant community’s bank account,
    4. Before taking any action or making any payment, please make sure that all information about the account as displayed on “ISKAAN”(“إسكان”) are correct. ISKAAN TECH- FZCO does not accept any liabilities whatsoever.
    5. ISKAAN TECH- FZCO does not verify the accuracy of information as posted on “ISKAAN” (“إسكان”) by third parties (Every person other than ISKAAN TECH- FZCO, who enters data to “ISKAAN” (“إسكان”)).
    6. ISKAAN TECH- FZCO does not represents that information as posted on “ISKAAN” (“إسكان”) are correct or update.
    7. Therefore, ISKAAN TECH- FZCO does not accept any kind of liabilities, whatsoever, for any error in the data or wrong information including making wrong payment.
  3. Jobs and Work Posted on “ISKAAN” (“إسكان”), Request For Proposal
    1. All jobs and works published on “ISKAAN” (“إسكان”) are posted by Customer, therefore, by executing such jobs or work, Vendor does not enter into any contractual relationship with “ISKAAN” (“إسكان”).
    2. All payments obligations and other contractual obligations exist between Customer and the relevant vendor.
  4. Trial Period.
    1. If a customer is registered for a trial use of “ISKAAN” (“إسكان”) (“Trial Period User”), then the Trial Period User may access the Services for the duration specified on the website for no charge. The “ISKAAN” (“إسكان”) “Service” is provided AS IS, with no warranty during this time period. All data of the Trial Period User may be deleted after the trial period, unless Trial Period User converts its account to a paid Service (“Customer”).
    2. At the written request of the Customer, “ISKAAN” (“إسكان”)” will verifiably remove any and all registered Customer data and provide Customer with written certification of removal of all such customer data within thirty (30) days of written request from customer.
  5. Customer Responsibilities.
    1. The Customer:
      1. Shall provide accurate information for registration as may be requested by ISKAAN TECH- FZCO from time to time.
      2. is solely responsible for Customer Data.
      3. Enter correct and updated data.
      4. responsible for all usage from its account, therefore, Customer must use commercially reasonable efforts to prevent unauthorized access to the Services, and notify “ISKAAN” (“إسكان”) promptly of any such unauthorized access,
      5. shall use the Services strictly in accordance with applicable laws and instructions of ISKAAN TECH- FZCO.
      6. shall not setup any account pretending to be someone else (or spoof someone's identity).
      7. Customer understands and agrees that ISKAAN TECH- FZCO is the owner of “ISKAAN” (“إسكان”) and that the Service as provided herein are non-transferable.
  6. Employees and Contractor Access
    1. Customer may allow its employees and certain third-parties (including without limitation, tenants, property owners, and committee members) to setup accounts and access the Services in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. However, the Customer shall remain responsible for accounts as authorised by the Customers.
    2. Customer shall provide to ISKAAN TECH- FZCO complete details of those person who are authorised to use the Service, including copy of passport, visa page, Emirate ID copy.
  7. Password-protected Areas
    1. If ISKAAN TECH- FZCO grants Customer access to password-protected areas of the Website, Customer agree to keep the password confidential and to send notice to ISKAAN TECH- FZCO immediately if Customer password is compromised. Customer acknowledge that the internet is a network of computers worldwide, and that information is routed via third party computers to and from ISKAAN TECH- FZCO, and that ISKAAN TECH- FZCO is not responsible for lapses in online security and does not assume liability for improper use of Customer information by a third party.
  8. Restrictions
    1. Customer shall not:
      1. sell, resell, rent or lease the Services;
      2. use the Services to store or transmit infringing, unsolicited marketing emails, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights.
      3. interfere with or disrupt the integrity or performance of the Services.
      4. attempt to gain unauthorized access to the Services or their related systems or networks.
      5. post or transmit to the Website any unlawful, fraudulent, harassing, libellous, or obscene information of any kind.
      6. post or send to the Website any information that contains a virus, bug, or other harmful item.
      7. post to or transmit via the Website any information in violation of another party’s copyright or intellectual property rights.
      8. take any action which may interfere with any other party’s use and enjoyment of the Site.
      9. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
  9. Free services.
    1. Any free add-on services issued upon sign up must be used within the specified time of that service from the date of contract signing or they will be forfeited. ISKAAN TECH- FZCO has no obligation to provide such services in the future and any customer request for additional services will be subject to standard ISKAAN TECH- FZCO rates as applicable at that time.
  10. PAYMENT TERMS
    1. Customer must pay all fees itemized in its account in the Service. Customer is responsible for the payment of all sales, use, VAT and other similar taxes or charges. All paid amount is none refundable, therefore, no refunds shall be made for partial months of the Service.
    2. Customer expressly authorizes ISKAAN TECH- FZCO to charge Customer's credit card or debit Customer's bank account each month for an amount equal to Customer's then current balance.
    3. ISKAAN TECH- FZCO reserve the right to suspend or terminate this agreement automatically and without any notice and without obtaining any judgement from the court or award from any tribunal in the event if :
      1. Customer's credit card or bank account information changes.
      2. Customer's credit card information expires, or
      3. ISKAAN TECH- FZCO is unsuccessful in charging Customer's credit card or debiting Customer's bank account, and such charges are delinquent for more than fifteen (15) days.
      4. The Customer understands and agrees that the Customer is responsible for such terminations and releases ISKAAN TECH- FZCO from all kind liabilities.
    4. ISKAAN TECH- FZCO reserve the right to amend and modify the fee for the Services, however, such modification shall be applied in the next month billing or may ask for additional fees for downgrades from higher to lower plans or vis versa.
  11. Disclaimer
    1. ISKAAN TECH- FZCO disclaims all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose. The services may be interrupted or may not be error free. ISKAAN TECH- FZCO will do its best to secure the service, however, the Customer understands and agrees that ISKAAN TECH- FZCO does not guaranty that the Services cannot be hacked, consequently ISKAAN TECH- FZCO shall not be held liable for any such hacking activities.
  12. Privacy Policy
    1. ISKAAN TECH- FZCO takes user privacy seriously because we know that Customer privacy on the web is important to Customer. We may collect the e-mail addresses of those who send us e-mail messages, however, we will not share those addresses with any other company or send unsolicited e-mail to any of the addresses we collect, except in very limited circumstances as set forth below. ISKAAN TECH- FZCO has implemented generally accepted standards of technology and operational security in order to protect your personally identifiable information from loss, misuse, alteration, or destruction. Only authorized ISKAAN TECH- FZCO personnel are provided access to personally-identifiable information and these employees are required to treat this information as confidential. Despite these precautions, however, ISKAAN TECH- FZCO cannot guarantee that unauthorized persons will not obtain access to your personally identifiable information.
    2. When Customer request information from ISKAAN TECH- FZCO and supply information that personally identifies Customer or allows us to contact Customer, Customer is agreeing to share that information with ISKAAN TECH- FZCO , its agents, representatives and affiliates. ISKAAN TECH- FZCO may aggregate personally identifiable information and may disclose such information in aggregate for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify Customer. We may use cookies and obtain certain types of information when Customer web browser accesses our Site. “Cookies” are small pieces of information that are stored by Customer browser on Customer computer’s hard drive. Our site may use cookies to store pertinent user information during a session to speed navigation and keep track of items. The “help” portion of the toolbar on most browsers will tell Customer how to prevent Customer browser from accepting new cookies, how to have the browser notify Customer when Customer receive new cookies and how to disable cookies altogether. We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to:
      1. Comply with law or comply with legal process served upon us or our agents, representatives and affiliates.
      2. Protect and defend our rights or property or those of our users. or
      3. Protect the personal safety of our users or the public. ISKAAN TECH- FZCO would like to keep Customer personal information accurate. Therefore, ISKAAN TECH- FZCO allows Customer to correct or change personal identifiable information collected by us by replying to any ISKAAN TECH- FZCO email.
  13. Limited Right to Use.
    1. The viewing, printing or downloading of any content, graphic, form or document from the Site grants Customer only a limited, nonexclusive license for use solely by Customer for Customer own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). ISKAAN TECH- FZCO reserves the right to revoke the authorization to view, download, and print the of “ISKAAN” (“إسكان”). Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from ISKAAN TECH- FZCO.
    2. The rights granted to Customer constitute a license and not a transfer of title.
  14. Non-transferable.
    1. Customer right to use the Site is not transferable. Any password or right given to Customer to obtain information or documents is not transferable.
  15. Copyrights And Use Of Site Content.
    1. The copyright in all materials provided on this site is held by ISKAAN TECH- FZCO or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ISKAAN TECH- FZCO or the copyright owner.
    2. ISKAAN TECH- FZCO owns all rights of the “ISKAAN” (“إسكان”) software, workflow processes, user interface, designs, know-how, and other technologies provided therein. Therefore, customer must not:
      1. use the Services beyond its internal operations.
      2. Reverse engineer or deconstruct the Services.
      3. Remove or modify any proprietary marking or restrictive legends in the Service.
      4. Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
  16. Access To “ISKAAN” (“إسكان”)
    1. ISKAAN TECH- FZCO may alter, suspend or discontinue “ISKAAN” (“إسكان”) or Customer access to use “ISKAAN” (“إسكان”) at any time for any reason without notice or liability to Customer or any third party. “ISKAAN” (“إسكان”) may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this “ISKAAN” (“إسكان”) does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
  17. Customer Data.
    1. All data uploaded by Customer or under any account of Customer remains the sole property of Customer, subject to the other terms of this agreement.
    2. Customer grants ISKAAN TECH- FZCO the right to use the Customer Data for purposes of performing under this agreement. During the term of this agreement, Customer may only export its data through the report-by-report export feature of the Service in the format specified. This export feature may not include every piece of data of Customer in the Service.
  18. Editing, Deleting and Modification.
    1. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
  19. Exclusion of certain damages.
    1. Except in the event of proved negligence, ISKAAN TECH- FZCO is not liable for any indirect, special, incidental or consequential damages arising from or related to this agreement (including, without limitation, costs of delay, loss of data or information, and any failure of delivery of the services, even if it knows of the possibility of such loss or damage).
  20. Limitation of liability.
    1. Under no circumstances shall ISKAAN TECH- FZCO or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this Site or the information contained on this Site or obtained from Customer use of this Site, including for viruses alleged to have been obtained from the Site, even if ISKAAN TECH- FZCO has been advised of the possibility of such damages. In no event shall ISKAAN TECH- FZCO’s or any of its predecessors’, successors’, parents’, subsidiaries’, affiliates’, officers’, directors’, shareholders’, investors’, employees’, agents’, representatives’ and attorneys’ and their respective heirs’, successors’ and assigns’ total liability to Customer for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the actual amount paid by customer within the preceding 3 months.
  21. Indemnification
    1. Customer hereby indemnify, defend, and hold harmless ISKAAN TECH- FZCO and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, actual attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by Customer of this Agreement or the representations, warranties, and covenants Customer has made by agreeing to the terms of this Agreement. Customer shall cooperate as fully as reasonably required in the defence of any such claim. ISKAAN TECH- FZCO reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by Customer.
  22. Hyperlinking
    1. ISKAAN TECH- FZCO makes no representations whatsoever about any other web site which Customer may access through this one. When Customer access a non- Iskaan web site, please understand that it is independent from ISKAAN TECH- FZCO, and that ISKAAN TECH- FZCO has no control over the content on that web site, even if ISKAAN TECH- FZCO provides information or services to the owner of that web site. In addition, a link to a non- Iskaan web site does not mean that ISKAAN TECH- FZCO endorses or accepts any responsibility for the content or the use of such web site. In fact, ISKAAN TECH- FZCO disclaims any and all liability and responsibility for such content.
  23. Term.
    1. This agreement continues for the duration specified when ordering the Service, and auto-renews for the same duration, (initial or renewal term, Term), until terminated by:
      1. Customer at any time within the Service (with no other advance notice required), or
      2. ISKAAN TECH- FZCO with at least thirty (30) days’ notice to the email address in Customer's account.
  24. Termination
    1. Except as otherwise provided in this agreement, if Customer is in breach of any material term of this agreement, then ISKAAN TECH- FZCO may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
    2. Upon any termination, Customer must pay any unpaid fees covering the remainder of the Term.
  25. Governing Law
    1. For all Customers this agreement is governed by the laws of the Emirate of Dubai, United Arab Emirates. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre (DIAC) Arbitration Rules (“the Rules”), by one arbitrator appointed in compliance with the Rules. The Language of Arbitration shall be English, and the place of Arbitration shall be Dubai, UAE.
  26. Miscellaneous
    1. Customer agrees to receive notices from ISKAAN TECH- FZCO regarding the Service, and this agreement, from within the Service or to the email address in Customer's account.
    2. The parties are independent contractors with respect to each other.
    3. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.
    4. Any terms that by their nature survive termination of this agreement, will survive.
    5. The Convention on Contracts for the International Sale of Goods does not apply.