Terms and Conditions
Asette
Terms & Conditions
Property Investors
Thank you for using Asette. Please read these Terms and Conditions carefully before accessing or using our Services. By accessing or using the Services, you agree to these terms and conditions. If you do not agree, then you may not use the Services.
1. Definitions
1.1. “Agreement” means, collectively, all the terms, conditions, notices, and policies contained or referenced in this document (“Terms and Conditions”) and all other operating rules, policies (including the Data Privacy Policy) and procedures that we may publish from time to time on the Website.
1.2. “Content” means contents of the Services, including its “look and feel”, design, layout, editorial content, notices, software, source code, images, illustrations, animations, tools, text, ideas, communications, replies, comments, graphics, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications, and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
1.3. “Developer” means the real estate developer of which the properties are listed on the Website.
1.4. “Investor Account” has its meaning ascribed to it under Clause 4.1 of these Terms and Conditions.
1.5. “Investor”, “you”, “your” means the user of the Website for the purpose of investing in properties from the Developer listed on the Website.
1.6. “Personal Data” has the meaning ascribed to it under the Data Privacy Policy.
1.7. “Service” means the services offered by Asette to Investors from time to time, which enable Investors to invest in the primary real estate market, in particular in properties listed on the Website.
1.8. “Transactions” means transactions between the Developer and you through the Service.
1.9. “Website” means our website located at https://www.asette.com and all Content and services provided by Asette at or through the Website. Further, the term, “Website” also refers to all Asette-owned subdomains of asette.com.
1.10. “Asette”, “we”, and “us” means Asette ME Real Estate LLC and any of its Affiliates.
1.11. “Asette Indemnified Parties” means Asette and its affiliates, and their respective shareholders, directors, agents, officers, personnel, employees, successors and assigns.
2. Who We Are and How to Contact Us
2.1. The Website and the Services are owned and operated by Asette ME Real Estate LLC.
2.2. If you have any questions regarding the Service or the Agreement, please feel free to contact us at support@asette.com and our team will get in touch with you.
3. Applicable Terms and Consent
3.1. By accessing or using the Services, you confirm that you accept and agree that you will comply with these Terms and Conditions, and all other terms set out in the Agreement. If you do not agree to any of these Terms and Conditions or any other terms set out in the Agreement, you may not and must not use any of the Services. Further, to use the Services, you must be at least (i) 18 years old, or (ii) the age of majority in the jurisdiction where you reside. No individual under these age limits may use the Services, provide any Personal Data to us, or otherwise submit Personal Data through the Services.
3.2. Further, we reserve the right to change, in our sole discretion, the Terms and Conditions and other terms in the Agreement at any time by publishing the varied terms on the Website, with or without notice.
3.3. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere in the Agreement relating to specific material, then the latter shall prevail.
4. Investor Account
4.1. To use the Service, you will be required to provide information and register for an account (“Investor Account”). In doing so, you must provide us with true, accurate and complete information as prompted by the registration process. Failing to provide true, accurate and complete information may result in effects including but not limited to (i) inability to access or use the Services, and (ii) faulty user experience in relation to the Service.
4.2. Further, we may, in our sole discretion, take measures to verify your identity and you hereby authorise us to make any inquiries we deem desirable, necessary or expedient to verify your identity, including but not limited to (i) asking you for further information whether by email or phone, and/or (ii) requiring you to take additional steps to confirm your identity, email address or contact information. If you do not provide such information, take such required steps or if we cannot verify your identity, we reserve the right, in our sole and absolute discretion, to refuse to allow you to use the Services. Further, failing to provide true, accurate and complete information as requested pursuant to this Clause 4.2 may result in effects including but not limited to (i) inability to access or use the Services and (ii) faulty user experience in relation to the Service.
4.3. We may allow you to use third party services such as Whatsapp and Calendly (“Third Party Services”). In order to use these features and capabilities, we may ask you to authenticate, register for, or log into Third Party Services on the websites of their respective providers. As part of this integration, the Third Party Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Data Privacy Policy.
4.4. Third Party Services use, store, and disclose your information solely in accordance with their own policies. We assume no responsibility or liability for the privacy practices or any other actions of any third-party website or service that may be enabled within the Services. Further, we assume no responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services.
4.5. You represent and warrant that you are the subscriber and owner of the email address you provided in connection with the Services. Further, you agree and acknowledge that we or our affiliates may contact you by e-mail to your provided email address to verify your identity, provide you with notices and information regarding your account or use of the Services, fulfil your requests, resolve your complaints, provide you with promotional information, or for any other purpose we deem necessary in our sole and absolute discretion. However, regarding promotional information and other non-essential information, as determined by us in our sole discretion, you may opt out at any time by following the steps set out in the emails we may send you to your provided email address. Please note that we are not liable for any delayed or undelivered emails.
4.6. You agree and consent to receive all notices and information we may send to your provided email address. It is your responsibility to provide us with your complete, accurate contact information, or promptly update us in the event you change your information. If we discover that any information provided in connection with your account is false or inaccurate, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account at any time.
4.7. You are responsible for maintaining the confidentiality of all actions that take place while using your account and must notify us immediately at support@asette.com in the event of any actual or suspected loss or unauthorised use of your account or account password. We are not responsible, and we do not assume any liability for any loss that results from unauthorised use of your account.
4.8. Please note that transmission of data or information including but not limited to communications by e-mail over the internet or other networks is not completely secure, and may result in possible loss, interception, or alteration. Accordingly, we do not assume any responsibility or liability for any damage or costs you may incur as a result of any such transmissions over the internet or other networks. While we shall take commercially reasonable efforts to protect the privacy of all information you provide us and while we shall treat all such information in accordance with our Data Privacy Policy, in no event will the information you provide to us create any fiduciary duty or obligations to you, or result in any liability to you in the event that such information is accessed by third parties without our express written consent.
4.9. If you want to end your relationship with Asette and close your Investor Account, you can do so by contacting us at support@asette.com. For further information regarding the removal of data, please refer to the Data Privacy Policy.
4.10. We may, in our sole discretion, also deactivate, terminate, or suspend your Investor Account or access to any and all Services at any time:
4.10.1. if we determine you are or have been in violation of the Agreement or applicable law,
4.10.2. in response to requests by law enforcement or other applicable authority, or
4.10.3. upon discontinuation or material modification of any Services.
5. Investor representations
5.1. In consideration of our accepting your application to open an account, you represent and acknowledge that:
5.1.1. You are at least 18 years old of sound mind and capable of taking responsibility for your own actions such that you can enter into a legally binding agreement with us;
5.1.2. You are acting as a principal and not as an agent on behalf of a third party;
5.1.3. You are not an undischarged bankrupt, in a voluntary arrangement with your creditors nor subject to other legally imposed circumstances that limit your ability to invest;
5.1.4. You are not located in a jurisdiction in which it is illegal for you to make use of our platform;
5.1.5. It is your responsibility to keep your contact details up-to-date on your account. Failure to do so may result in you failing to receive important account related notifications and information from us, including changes we make to our terms and conditions;
5.1.6. You are solely responsible for the security and confidentiality of your Investor Account. In particular, you agree to keep your username and password strictly confidential and you are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that activity on your account is your activity. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bankcards and any failure to do so shall be at your sole risk and expense. If another person accesses your account other than as a result of our gross negligence, you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party;
5.1.7. You will not attempt to sell or otherwise transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party;
5.1.8. You will not engage in behaviours that place unnecessary strain on our Website. We reserve the right to IP block, throttle data requests and/or suspend accounts that breach this section;
5.1.9. You will use and regularly update security software so as to better guard against hacking, viruses and computer misuse; and
5.1.10. You warrant, represent and undertake to us that all information provided to us, including in the course of the Investor registration process will be complete, true and accurate in all respects and not misleading in any way.
6. Services
6.1. You acknowledge and agree that the Services enable you to purchase properties directly from the Developer. You further agree and acknowledge that Asette is only a facilitator and is not and cannot be a party to or control in any manner any Transactions. Accordingly, the contract of sale underlying the Transactions shall be a strictly bipartite contract between you and the Developer.
6.2. We may update or amend our Services from time to time, at our sole and absolute discretion. Therefore, we may provide updates (including automatic updates) for certain Services from time to time. This may include upgrades, modifications, bug fixes, patches, other error corrections, or new features. You may be required to download and install such updates from time to time to ensure that your Investor Account and the Services function properly. Further, you hereby expressly consent to automatic updates and agree that the Terms and Conditions and other terms of the Agreement will apply to all such updates to the Services.
6.3. In our sole discretion, we may change, suspend, or discontinue any or all of the Services at any time. In addition, we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
6.4. We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls.
6.5. The Services do not constitute investment advice. The Content is for informational purposes only. Nothing contained on our Website constitutes a solicitation, recommendation, endorsement or offer by us to buy. You acknowledge that there are risks associated with investing in real estate property. Your capital may be at risk and you may not receive the anticipated returns. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Website before making any decisions based on such information or other content. You agree not to hold the Asette Indemnified Parties liable for any possible claim for damages arising from any decision you make based on the information or other Content made available to you through the Website.
6.6 Certain statements generated by this Website are forward-looking such as projected financial performance. These forward-looking statements are based on certain assumptions. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. There is no assurance that any forward-looking statements will materialize. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this website. Except as may be required by applicable law, we disclaim any intention or obligation to update or revise any forward-looking statements.
7. Complaints
7.1. All complaints or claims in relation to Transactions should be directly taken up with the Developer. We assume no responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with any complaints or claims.
8. Privacy
8.1. Where you have expressed your interest in particular properties on our Website, you agree that we share your Personal Data with the relevant Developer in order to facilitate a possible Transaction.
8.2. Asette maintains commercially reasonable administrative, technical and physical procedures to protect all your Personal Data. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such Personal Data for improper purposes. You acknowledge that you provide this Personal Data regarding at your own risk. For further details regarding data privacy, please refer to our Data Privacy Policy.
9. Restricted Use and Lawful Purpose
9.1. You acknowledge and agree to use the Services only for lawful purposes, and in accordance with this Agreement and all applicable law.
9.2. You further agree not to, nor to permit any third party to, do any of the following:
(i) access or attempt to access our systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from us; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or other wise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this Agreement.
10. Term and Termination
10.1. Term. The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by Asette.
10.2. Termination. You may terminate this Agreement at any time. If you deactivate your Investor Account, you may re-activate your Investor Account at any time by agreeing to the Agreement. We may suspend your Investor Account and your access to the Service, or terminate this Agreement, if (i) we believe that you have breached, violated, abused, unethically manipulated, or exploited any term of this Agreement, (ii) you use our Services for any unlawful and fraudulent purposes or in connection with a criminal offence.
11. Miscellaneous
11.1. Ownership.
11.1.1. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret, and other intellectual property laws. We own the title, copyright, and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service.
11.1.2. This Agreement does not grant you any rights to our trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereinafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under all applicable law.
11.1.3. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from sources other than you.
11.2. You agree to defend, indemnify, and hold harmless Asette Indemnified Parties from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) any claims or demands made by any third party due to or arising out of your use of the Services, (ii) your breach of any provision of this Agreement, (iii) your use of the Service, and (iv) any violation of any applicable law.
11.3. Limitations of Liability
11.3.1. The Service and all accompanying documentation are provided on an “as is” and “as available” basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Use of the Service is at your own risk.
11.3.2. No advice or information, whether oral or written, obtained by you from or through the Service or from Asette will create any warranty.
11.3.3. Without limiting the foregoing, Asette does not warrant (i) that the information we provide or that is provided through the Service is accurate, reliable, or correct, (ii) that the Service will meet your requirements, (ii) that the Service will be available at any particular time or location, (iii) that the Service will function uninterruptedly or be secure, (iv) that any defects or errors will be corrected, (v) or that the Service is free of viruses or other harmful components. Any subject matter downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
11.3.4. Asette makes no representations or warranties about how long will be needed to complete the processing of a Transaction. Asette further does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Asette shall in no manner be a party to or in any way monitor any Transaction between you and third-party providers of products or services.
11.3.5. In no event shall Asette be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this Agreement or the Services, including without limitation the use of, inability to use, or unavailability of the Service. Under no circumstances will Asette be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Service or your Investor Account or the information contained therein.
11.3.6. Asette assumes no liability or responsibility for any (i) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service, (ii) any unauthorized access to or use of servers used in connection with the Services and/or any and all personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any software bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the Service; (v) any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the Service; and/or (vi) user content or the defamatory, offensive, or illegal conduct of any third party.
11.3.7. Without limiting the foregoing provisions of this Clause 11.4, Asette’s cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the amount of 1,000 USD.
11.3.8. This Clause 11.4 applies regardless of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if Asette has been advised of the possibility of such damage.
11.3.9. The provisions of this Clause 11.4 shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11.3.10. The Service is controlled and operated from its facilities in the United Arab Emirates. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Arab Emirates, foreign and local laws and regulations, including but not limited to export and import regulations.
11.4. Governing Law and Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of England & Wales without reference to the conflict of laws provisions thereof. Any dispute arising out of or related to this Agreement that cannot be resolved by informal and good-faith negotiations between the parties shall be settled by final and binding arbitration to be conducted by a single arbitrator in Dubai, UAE, pursuant to the Rules of Arbitration of the International Chamber of Commerce. The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. The language of the arbitration shall be English. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
11.5. Right to Amend. We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on the Website. Any use of the Service or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
11.6. Assignment. This Agreement, and any rights and licenses granted in this Agreement, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without your consent or other restriction.
11.7. Force Majeure. No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.
11.8. Entire Agreement and Remedies. This Agreement constitutes the entire agreement between you and Asette with respect to the provision of the Service. Except as expressly provided in this Agreement, these terms describe the entire liability of Asette and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.