Terms of use

Last updated February 14, 2024

AGREEMENT TO OUR LEGAL TERMS

Thank you for using Novcato!

These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Novcato that governs your right to use the website and other offerings from Real Estate Portal FZCO (collectively, the “Novcato Platform”) ("Company," "we," "us," "our").

The Novcato Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and communicate about real estate properties. Members who publish and offer services are “Sellers” and Members who search for, make contact with Sellers, or use other services are “Buyers.” Sellers offer real estate properties (“Properties”), in the form of listings (“Listing”). We operate, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). As the provider of the Novcato Platform, Novcato does not own, control, offer or manage any Listings. Novcato is not a party to the contracts entered into directly between Hosts and Guests, nor is Novcato a real estate broker under Directive (EU) 2015/2302. Novcato is not acting as an agent in any capacity for any Member.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Novcato payment entities (collectively "Novcato Payments").

You can contact us by visiting https://stage2.novcato.com/contact-us, or via email at info@novcato.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

Buyer Terms

1. SEARCHING AND MAKING CONTACT WITH SELLER ON NOVCATO.
2. SAVING LISTINGS.
3. YOUR RESPONSIBILITIES.

Seller Terms

1. SELLING ON NOVCATO.
2. SELLER’S ACCOUNT.
3. MANAGING YOUR LISTING.
4. TAXES.

General Terms

1. OUR SERVICES.
2. INTELLECTUAL PROPERTY RIGHTS.
3. NOVCATO PLATFORM SUBSCRIPTION.
4. CONTENT.
5. PLATFORM RULES.
6. USER REPRESENTATIONS.
7. SERVICES MANAGEMENT.
8. TERMINATION, SUSPENSION AND OTHER MEASURES.
9. GOVERNING LAW.
10. MODIFICATIONS AND INTERRUPTIONS.
11. CORRECTIONS.
12. DISCLAIMER.
13. LIABILITY.
14. LIMITATIONS OF LIABILITY.
15. INDEMNIFICATION.
16. USER DATA.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
18. MISCELLANEOUS.
19. CONTACT US.

Buyer Terms

1. SEARCHING AND MAKING CONTACT WITH SELLER ON NOVCATO.

1.1 Searching You can search for Listings by using criteria like location or listing name, type of property, size, number of bedrooms, budget, Luxury listings and/or New Developments. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Search results may be affected by paid “Premium listings” which should appear above other Listings, but still within the same relevant search criteria.

1.2 Contacting the Seller The Novcato Platform provides users with various options to contact a Seller, including through our messaging system, phone number, and WhatsApp/Viber services. When utilizing our messaging system to contact a Seller, you consent to share essential information such as your full name, email address, country of residence, and phone number with the Seller. Additionally, you will be prompted to compose a message to the Seller. By submitting a contact form, you grant the Seller the right to contact you. The Seller retains the ability to initiate contact at any time after receiving your message. Novcato Platform facilitates the delivery of the message to the Seller and informs you of its successful transmission; however, it is the Members' responsibility to manage the discussion related to the Listing.

The Seller's phone number and options for contact via WhatsApp and Viber will be visible on the contact page. Please note that carrier charges may apply for both international and national calls, and Novcato is not accountable for these charges.

Novcato does not charge for any contact between the Seller and the Buyer, nor does it impose fees for any successful transactions or agreements between the Seller and the Buyer. You are not in any way contractually obligated to the Seller, and you may terminate communication (1) mutually agreed, (2) if the Seller is abusing Platform rules in any way.

2. SAVING LISTINGS.

2.1 Saved Properties Novcato offers Members the functionality to create a personalized list of Saved Properties, comprising listings that you have saved for future reference. Within this feature, users have the option to create a curated list of Saved Properties, including the ability to save specific units within a project for convenient viewing.

The platform allows you to share and print your Saved Properties list for your convenience, which allows access to essential details of the listing and Seller, including the contact information necessary for communication with the respective Sellers.

3. YOUR RESPONSIBILITIES.

3.1 Your Responsibilities To the maximum extent permitted by law, you are responsible for your acts and omissions and are also responsible for the acts. For example, this means: (i) you must leave your genuine contact information when contacting the Seller (ii) you must have a genuine interest in the Listing when contacting the Seller (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are contacting the Seller in the name of a minor individual, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.2 Your Assumption of Risk You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the risk arising out of your access to and use of the Novcato Platform and any Content, including any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate the Seller Listing to determine whether it is suitable for you.

Seller Terms

4. SELLING ON NOVCATO.

4.1 Seller As a Seller, Novcato offers you the right to use the Novcato Platform in accordance with these Terms to share your Listing with our vibrant community of Buyers - and gain Buyers’ contacts. It’s easy to create a Listing and you are in control of how you sell - set your price, description of the property, layout, amenities and other features for each Listing.

4.2 Independence of Sellers Your relationship with Novcato is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Novcato. Novcato does not direct or control your Listing and you understand that you have complete discretion over whether and when to provide a Listing at what price and on what terms to offer them.

5. SELLER’S ACCOUNT.

Sellers must register an account to access and use many features of the Novcato Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Novcato Platform under the laws of the UAE, your place of residence, or any other applicable jurisdiction.

You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. 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 Novcato if you suspect that your credentials have been lost or stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Novcato 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). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

6. MANAGING YOUR LISTING.

6.1 Creating and Managing Your Listing. The Novcato Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your real estate property, your price and financial details, and any rules or requirements that apply to your Seller or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information and content (like photos, videos, and descriptions of the property) up-to-date and accurate at all times. You may only maintain one Listing per Property but may have multiple Listings for different properties.

6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing Services. Check your local rules to learn what rules apply to the Services you plan to offer and to your Property. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Buyers in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

6.3 Search Ranking. The ranking of Listings in search results on the Novcato Platform depends on a variety of factors, including these main parameters:

• Listing characteristics (e.g. location, type of property, number of bedrooms/rooms, size, price, specific filters, number and quality of images, length of time the Listing has been live on the Novcato Platform, Buyers’ engagement and popularity),
• Buyers’ preferences and history (e.g. viewed and saved Listings, location from where the Buyer is searching).

Search results may be different on our mobile version of our website, and may also differ in the map view. Novcato may allow Sellers to promote their Listings in search or elsewhere on the Novcato Platform by paying an additional fee (Luxury Listings, Premium Listings). More information about our promotional programs can be found on our page “Advertise with us”.

6.4 Additional services. Additional services on the Novcato Platform that are not listed on the Pricing page consist of various services for Individual sellers, Agencies and Companies. These services might be integrated into specific packages offered by the Novcato Platform or can be obtained by requesting a customized quote through the contact form available from the Novcato team. For further details regarding our promotional programs, please refer to our "Advertise with us" page.

6.5 Your Responsibilities. To the maximum extent permitted by law, you are responsible and liable for your acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. For example: (1) you are responsible for setting your price and providing a description and information for your Listing; (2) you must provide the Buyer with true and accurate information about your Listing whether they are or not presented in your Listing on the Novcato Platform; (3) you must provide your genuine business information and Sales contact information which may differ from your personal information; (4) you must act with integrity, treat others with respect and comply with applicable laws at all times.

6.6 Selling as an Agency or Company. To the maximum extent permitted by law, if you are adding a Listing as a Company or an Agency, you are responsible and liable as a Seller under these terms for the acts and omissions of each entity and individual who participates in providing your Services and you are required to inform personnel engaged by you to deliver any Services of your obligations under these Terms. If you accept terms, you represent and warrant that you are authorized to add Listings or communicate with Buyers or Novcato in the name of the Agency or Company, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.

6.7 Your Assumption of Risk. You acknowledge that adding Listings carries inherent risks and agree that, to the maximum extent permitted by law, you assume the risk arising out of your access to and use of the Novcato Platform, offering Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Novcato Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Services.

7. TAXES.

7.1 Seller Taxes. Our subscription fees are inclusive of Value Added Tax (VAT) at the applicable rate(s). Real Estate Portal FZCO, as a registered entity, will provide tax invoices or receipts that clearly indicate the VAT component included in the subscription fees.

In the event of any changes in VAT rates, Novcato reserves the right to adjust subscription fees accordingly. By subscribing to our services, you acknowledge and agree to the inclusive pricing structure that covers the associated VAT costs.

8. OUR SERVICES.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Our intellectual property We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

9.2 Your use of our Services Subject to your compliance with these Legal Terms, including the "PLATFORM RULES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

Solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@novcato.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

10. NOVCATO PLATFORM SUBSCRIPTION

10.1 Account Creation and Subscription Packages Upon registering directly on Novcato at stage2.novcato.com, Sellers can create their accounts and profiles. As the Admin of the account, the Seller will not be charged for account and profile creation. To activate a paid subscription, the Seller needs to provide payment information when adding their first Listing and reconfirm acceptance of our Terms.

There are no fees imposed on Buyers, and they do not need to create an account to use the Services or Novcato Platform. We strive to provide a transparent and fee-free experience, ensuring that Buyers can freely access and utilize our platform without incurring any additional costs.

10. NOVCATO PLATFORM SUBSCRIPTION

10.2 Seller Types and Subscription Packages There are three types of sellers and, subsequently, packages adapted to their specific needs.

• Individual Sellers: Choose from Bronze, Gold, or Platinum packages, each reserved for a single Listing, with the availability to add as many individual listings as wanted. Subscriptions last for 30 days if charged monthly or for a year if charged yearly. Payments, accepted only through Mastercard or Visa, enable automatic listing posting.
• Agencies: Opt for Bronze or Gold packages, catering to up to 50 or unlimited listings. The subscription, charged monthly or yearly, allows listing management without canceling the subscription. Payments are accepted via Mastercard or Visa, facilitating automatic listing posting.
• Companies: Access Bronze, Gold, and Platinum packages, with 1-3 buildings with 20 to an unlimited number of units, with charges on a 90-day/yearly basis per project. Payments can be made via card (Mastercard, Visa) for automatic listing posting or via invoice, allowing a 7-day payment window.

The fees displayed on Novcato.’s Pricing page are applicable for direct purchases made on stage2.novcato.com. You acknowledge and agree that any and all bank fees associated with the payment of fees under this Agreement shall be your sole responsibility. Novcato Platform shall not be liable for any costs, charges, or expenses incurred by you in connection with banking transactions, including but not limited to wire transfer fees, currency conversion fees, or any other similar charges.

10.3 Payment Renewal and Options Novcato operates on a recurring payment basis for card payments, renewing each subscription after 30 days/a year depending on the package. Novcato will charge your designated payment method for the coming period so that you can keep using the Novcato Platform and keep your Listings active. For Companies, in case of the invoice payment, Novcato will send another invoice each billing cycle or remind them to add a card if they choose to switch to card payment.

10.4 Account Management If you are the admin for the Novcato account, you can:

1. Amend your account details, edit passwords and change an email address;
2. Request the deletion of your account;
3. Change/remove your payment method; and/or
4. Update your email preferences.

10.5 Promotions Promotions that may be run by Novcato Platform, whether via email, on websites, social media platforms, or otherwise, are subject to these Terms and to any other specific rule that might include duration, entry instructions, and specific details, rules, or conditions relating to a particular Promotion.

10.6 Refunds Our subscriptions refund policy depends on the billing option you chose during the sign-up process:

• For monthly billing, we don’t offer refunds, but you can cancel at any time, you won’t be billed again, and you can continue using your account as usual;
• For annual billing, we offer a full refund within 30 days of your initial purchase. To request a refund on an annual billing charge, you can contact our Customer Support using the email you registered with and following the instructions:
  • The invoice number from the purchase you would like to be refunded. You’ll find this in the top-right corner of your invoice;
  • The last four numbers on the credit card you used for purchasing your annual subscription.

For the avoidance of doubt, if you fail to prove your identity as the Account Owner within 30 days of your purchase, the refund request may be rejected at Novcato’s sole discretion.

10.7 Free trial During the promotional period, starting from 1st of March until 30th of April 2024, every Seller will be able to start a trial of the Novcato Platform. After confirming your agreement with our Terms of Use, you can trial the Novcato Platform for a one-time, limited term of 30 (thirty) consecutive days for the sole purpose of testing and evaluating Novcato.

11. CONTENT

Parts of the Novcato Platform enable you to provide text, photos, audio, video, information, and other content (“Content”).

By providing Content, in whatever form and through whatever means, you grant Novcato a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Novcato Platform, in any media or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.

Where Novcato pays for the creation of Content or facilitates its creation, Novcato may own that Content, in which case supplemental terms or disclosures will say that.

You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Novcato the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our aforementioned terms, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Novcato may make available services or automated tools to translate Content and that your Content may be translated using such services or tools.

Novcato does not guarantee the accuracy or quality of translations, and Members are responsible for confirming the accuracy of such translations.

By posting content on Novcato, you agree to abide by Terms of use. Content includes any written, photographic, audio, video, or other content, including:

• Writing: Listing titles and descriptions, profile pages, feedback, and messages to Novcato, Sellers or Buyers
• Imagery: Photos and videos, as well as imagery depicted within photos and videos (such as posters or art hanging on a wall)

We reserve the right to remove any content, in whole or part, that violates this policy or for any other reason at our sole discretion. In the event of repeated or severe violations, we may also restrict, suspend or remove the associated Novcato account.

The following content is not allowed on Novcato:

• Spam, unwanted contact or content that is shared repeatedly in a disruptive manner
• Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening or harassing
• Content that is discriminatory in terms of gender, race, colour, marital status, gender reassignment, pregnancy and maternity leave, sexual orientation, disability, ethnic background, nationality, religion or political opinion, age
• Content that attempts to impersonate another person, account or entity, including a representative of Novcato
• Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
• Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location

Additional policy violations for specific types of content:

• Listing titles
  • Listing titles that include information irrelevant to the listing type, style or experience
  • Listing titles that include symbols or emojis
• Listing or profile pages
  • Listings and profiles that provide fraudulent, false, misleading or deceptive information
• Members
  • Harassing, trolling or repeatedly targeting community members
• Custom URLs
  • Personalized web addresses that are not associated with a related business user

If you believe the content violates this policy, you can report the content directly through the platform or by contacting us.

12. PLATFORM RULES

12.1 Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or attempt to impersonate another user or person or use the username of another user.
• Be polite and respectful when you communicate or interact with others.
• Do not attempt to evade enforcement of these Terms and Privacy Policy, such as by creating duplicate accounts or listings.
• Do not discriminate against or harass others.
• Do not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Do not scrape, hack, reverse engineer, compromise or impair the Novcato Platform
• Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Novcato Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Novcato Platform or Content.
• Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Novcato Platform.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Novcato Platform.
• Only use the Novcato Platform as authorized by these Terms or another agreement with us
• You may only use another Member’s personal information as necessary to facilitate communication using the Novcato Platform as authorized by these Terms.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Do not use the Novcato Platform, or Members’ personal information to send commercial messages without their express consent.
• You may use Content made available through the Novcato Platform solely as necessary to enable your use of the Novcato Platform as a Buyer or Seller.
• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not use, copy, display, mirror or frame the Novcato Platform, any Content, any Novcato branding, or any page layout or design without our consent.
• Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
• Do not use the name, logo, branding, or trademarks of Novcato or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Novcato trademarks, logos or branding.
• Do not offer Services that violate the laws or agreements that apply to you.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Novcato. In addition, if you believe that a Member, Listing or Content has violated our Terms, you should report your concerns to Novcato by contacting us. If you reported an issue to local authorities, Novcato may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

13. CONTENT NOTIFICATIONS AND CONTENT MODERATION.

You acknowledge that Novcato has no general obligation to monitor Content provided by and stored on behalf of Members, or to actively seek facts or circumstances indicating illegal activity or the incompatibility of Content with the rights of third parties, these Terms, or our Policy. However, Novcato reserves the right to carry out voluntary own-initiative investigations to detect, identify, and remove or disable access to illegal or incompatible Content, and to take any necessary measures in accordance with these Terms.

You agree to cooperate with and assist Novcato in good faith, and to provide us with such information and take such actions as may be reasonably requested by Novcato with respect to any investigation undertaken by Novcato regarding Content on the Novcato Platform or the use or abuse of the Novcato Platform.

As part of its own initiative investigations and the review of Content Notifications, Novcato uses various processes and tools to identify, review, and moderate Content. This may include human review, automated review, or a combination of both. If automated means have been used to review Content, and Airbnb has subsequently taken action with respect to that Content, Novcato will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Novcato and its Members do not preclude such notice.

14. USER REPRESENTATIONS.

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

15. SERVICES MANAGEMENT.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. TERMINATION, SUSPENSION AND OTHER MEASURES.

16.1 Term. The agreement between you and Novcato reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

16.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Novcato may terminate this agreement for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Novcato may also terminate this agreement immediately and without prior notice and stop providing access to the Novcato Platform if:

1. you materially breach these Terms or Policies,
2. you violate applicable laws, or
3. such action is necessary to protect the personal safety or property of Novcato, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or
4. your account has been inactive for more than two years.

16.3 Member Violations. If (1) you breach these Terms, Policies, (2) you violate applicable laws, regulations or third party rights, (3) you provide Content that is illegal or incompatible with these Terms, (4) we received complaints about your performance or conduct, (5) you have repeatedly failed to respond to other Member, or (6) such action is necessary to protect the personal safety or property of Novcato, its Members, or third parties, Novcato may:

• suspend or limit your access to or use of the Novcato Platform and/or your account;
• suspend, remove, disable access to, or restrict the visibility of Listings or other Content;
• suspend or revoke any status associated with your account.

In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Novcato and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.

16.4 Legal Mandates. Novcato may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.

16.5 Effect of Termination. If you are a Seller and terminate your Novcato account, any active Listings will be automatically cancelled and you will not be eligible for any type of refund or compensation. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Novcato Platform has been limited, or your Novcato account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Novcato Platform through an account of another Member.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. GOVERNING LAW.

These Legal Terms shall be governed by and defined following the laws of the United Arab Emirates (“UAE”). These Terms are governed by and construed in accordance with the UAE law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of Novcato's place of business in Ireland. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the UAE courts.

18. MODIFICATIONS AND INTERRUPTIONS.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. CORRECTIONS.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Member or third party. Additionally, we do not guarantee that verification, identity, or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Novcato is committed to ensuring safety and quality and will conduct thorough checks for each Listing. This process aims to eliminate any harmful language, misleading information, or any other Prohibited Activity by the Seller, thereby maintaining a secure and reliable platform for every Member.

We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Novcato Platform.

Novcato may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Novcato Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Novcato Platform.

21. LIABILITY.

Novcato is liable without limitations under statutory provisions for damages arising from injury to life, limb, or health based on a negligent or intentional breach of duty by Novcato or its legal representatives, or vicarious agents. The same applies to issued guarantees or any other strict liability.

Novcato is also liable without limitations for other damages based on an intentional or grossly negligent breach of duty by Novcato or its legal representatives or vicarious agents.

Novcato is not liable for damages arising from a breach of duty based on simple negligence.

Section 20.3 does not apply for damages arising from breaches of essential contractual obligations based on simple negligence. For such damages by Novcato, its legal representatives, or other vicarious agents, Novcato's liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Novcato in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract.

To the extent that Novcato's liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.

22. LIMITATIONS OF LIABILITY.

To the maximum extent permitted by law, no party, including Novcato’s affiliates and personnel, or any other party involved in creating, producing, or delivering the Novcato Platform or any Content, will be liable for any incidental, special, exemplary or consequential damages. Incidental, special, exemplary or consequential damages include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is Novcato liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Novcato Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Novcato Platform, or (iv) the publishing of a Listing, including the provision or use of Seller’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Novcato has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

23. INDEMNIFICATION.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold Novcato harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) use of the Services; (2) your breach of these Legal Terms (including any supplemental or additional terms that apply to a product or feature); (3) any breach of your representations and warranties outlined in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA.

Sellers have access to personal and other data in their Novcato account which is provided by the Seller and which is necessary for the performance of their Seller’s Profile as well as aggregated information about their profile, searches, and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in a jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. MISCELLANEOUS.

26.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Novcato and you pertaining to your access to or use of the Novcato Platform and supersede any prior oral or written understandings or agreements between Novcato and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Novcato. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

26.2 No Waiver. Novcato’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

26.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Novcato’s prior written consent. Novcato may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

26.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by Novcato via email, or any other contact method we enable and you provide.

26.5 Third-Party Services. The Novcato Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Novcato is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

26.6 Google Terms. Some translations on the Novcato Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Novcato Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

26.7 Platform Content. Content made available through the Novcato Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know-how, and/or other laws of the United Arab Emirates and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Novcato and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Novcato Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Novcato grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view the Platform Content made available on or through the Novcato Platform and accessible to you.

26.8 Force Majeure. Novcato shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

26.9 Emails. You will receive administrative communications from us using the email address or other contact information you provide for your Novcato account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Novcato account.

27. CONTACT US.

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us.