partment
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Terms and Conditions

Contractual Relationship

These Terms and Conditions (the “Terms”) govern the access or use by individuals in any region in the Arab Republic of Egypt to/of the applications, websites, content, products and services (the “Services”) provided by [Partment], a [●] company, incorporated in accordance with the laws of [●], with its registered address located at [●], and registered under Commercial Register No. [●] (“Partment”).

Please read these terms carefully before accessing or using the Services.

Your registration to, access to and/or use of the Services constitutes your consent to be bound by these Terms and the Privacy Policy, which is hereby incorporated by reference, which establishes a binding contractual relationship between you and Partment. If you do not agree to these Terms and the Privacy Policy, you may not access or use the Services. These Terms specifically replace any prior agreements or arrangements entered into with you. Partment may, at its sole discretion, immediately terminate any of these Terms or any of the Services concerning you, or may generally discontinue or deny access to the Services or any part thereof at any time and for any reason whatsoever, without the need to take any action or serve any notice.

Some complementary terms may apply to certain Services, such as policies for a specific event, activity or promotion, and you will be informed of these complementary terms concerning said event, activity or promotion. Complementary terms are added to the Terms for the purposes of the Services provided, and are considered part thereof. Complementary terms shall prevail over these Terms in case of conflict with respect to the Services provided.

Partment shall have the right to modify the Terms relating to Services from time to time. The amendments shall take effect upon the publication of these updated terms on the Services by Partment, or the publication of the modified policies or complementary terms relating to the provided service. Your continued access to or use of the Services after this publication constitutes your consent to be bound by the Terms as amended.

We collect and use personal data in connection with the Services as set forth in Partment’s privacy policy, which can be accessed through the website https://partment.co/privacy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to countries for storage, processing and use by Partment.

Material available through the Services is provided "as is", without guarantee of any kind, whether express or implied, including, but not limited to, guarantees of merchantability, fitness for a particular purpose or non-infringement. In particular, no guarantees or statements are made as to the accuracy or completeness of said material. Partment will periodically, without prior notice, add, change, improve or complement the material displayed on the Services. In no event shall Partment be liable for any loss or damage, liability or expenses allegedly made or incurred by the use of the Services, including, without limitation, any errors, mistakes, omissions, or service delivery delay or interruption. All users (the “User,” “you”) shall be fully responsible for the use of the Services. In no event, including, but not limited to negligence, Partment shall be liable for any direct, indirect, incidental, special or consequential damages, even in the events where Partment has been informed of the possibility of such damages. User specifically acknowledges and agrees that Partment is not responsible for any conduct or behavior of any User of the Services.

Services

The Services constitute a technical platform that enables Users of the platform of Partment, which are available as part of the Services (the "Platform") to purchase a portion of a residential units. The terms of any residential units that are initiated on or learned about through the Services are provided in the relevant purchase agreement and associated documents.

Moreover, Partment may suspend (permanently or temporarily) providing the Services (or any features within the Services) to you without any prior notice.

License

Partment grants you, provided that you comply with these Terms, a limited non-exclusive license that cannot be sub-licensed or transferred to another person and is revocable in order to: (1) access and use the Platform for your use of the Services; (2) access to any of the contents, information, and related materials thereto, which are provided through these Services, and use the same, in all events for personal and non-commercial use. Partment and its licensors retain any rights not expressly granted in these Terms

Restrictions

You are not entitled to: (1) remove any copyrights, trademarks or other proprietary notices from any part of the Services; or (2) reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer the ownership of, publically display or perform, transmit, circulate, or exploit, in each case the Services, except as expressly permitted by Partment; or (3) manipulate the codes, reverse engineer or dismantle, except as permitted by applicable laws; or (4) create a link to any part of the Services, or make true copies therefrom or framing thereof; or (5) create or create the creation of any software or scripts for the purpose of removing, indexing, wiping or otherwise exploiting any part of the Services, improperly, overload or disrupt the work and/or function of any Services; or (6) attempt to engage in unauthorized access to the Services or destroy any of its aspects or any of the related systems and networks.

Services Provision

The User acknowledges that parts of the Services may be made available under the different brands of Partment or ordering options associated with Partment. The User also acknowledges that the Services may be provided under such trademarks or ordering options by or in connection with certain subsidiaries and affiliates of Partment.

This website may include lines of communication and links with third party sites on the network. These interconnected sites are not under the control of Partment and Partment is not responsible for the contents of any of these connected sites or for any connection line contained in any of the connected sites. Partment provides those lines of communication only for the purpose of facilitating access to the sites, and the establishment of a communication line or link does not mean that Partment recognizes the site associated with its website.

Services and Content of Third Parties

Services may be provided or made available in conjunction with third party services and content that are not under the control of Partment. Partment acknowledges that different terms of use and privacy policies may apply to your use of third party services and content. Partment does not approve the services and content of third parties and does not in any way assume the responsibility towards any of the services. In addition, any operator mobile system, such as, Apple, Google, Microsoft Corporation or BlackBerry Limited and/or its global concerned subsidiaries and affiliates are considered to be external beneficiaries of this contract, if you access the Services using applications specifically designed for mobile devices running by any of the respective systems. These external beneficiaries are not parties to this contract and are not responsible for providing or supporting the Services in any manner whatsoever. Your access to the Services using these devices is subject to the conditions set out in the applicable terms and conditions of the external beneficiary.

Property

The Services and all the rights related thereto shall remain the sole property of Partment or its licensors. These Terms and your use of the Services do not grant you any rights: (1) in connection with the Services other than the limited license granted above; or (2) to use or otherwise refer to companies names, logos, product or service names, trademarks or service marks of Partment or those of its licensors.

Users Accounts

In order to use the aspects of the Services, you must register to get an effective personal account for User Services and maintain the same, (the "Account"). You must be at least [21] years old to have an Account. Account registration requires that you provide certain personal data to Partment, including but not limited to, your first and last name, address, mobile number and age (please refer to the Privacy Policy for further information in this regard). You agree, on your part, to record, and maintain accurate, complete and up-to-date information on your own account. Your lack of accurate, complete, and up-to-date information on your Account, may result in your inability to access or use these Services, or termination of those Terms by Partment. You bear the responsibility for any activity undertaken in the name of your Account and agree to keep your account username and password secure at all times. You do not have the right to own more than one account unless you obtain the prior written permission of Partment in that respect.

User Requirements and Behavior

You may not assign or transfer your account to any other person or entity. You agree to comply with all applicable laws and regulations when using the Services and you shall only use them for legal purposes. When using the Services, you shall not cause harm, inconvenience, harassment, or damage to the property, either to the other Users or to third parties. In some cases, you may be required to provide an identification card to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide an identification card.

Informational E-mails and Push Notifications

Once you create the Account, you agree that the Services may send you some informational e-mails and push notifications as part of the normal business context of your use of the Services. You have the right to unsubscribe, via the “Unsubscribe” option, from receiving such e-mails and may disable such push notifications via the Services at any time. You acknowledge that refusing to receive said informational e-mails and push notifications may affect your use of the Services.

Promotional Codes

Partment may, at its absolute sole discretion, create promotional codes that may be redeemed and added to the Account or other benefits or privileges relating to the Services, subject to any additional conditions established by Partment on the basis of each promotional code (the "Promotional Codes"). The User agrees that Promotional Codes: (i) should be used for the public and for the intended purpose and in a legal manner; (ii) they may not be copied, sold or transferred in any manner or made available to the public (whether published on a public form or otherwise) unless expressly agreed by Partment; (3) may be disrupted by Partment at any time and for any reason without incurring any legal liability on Partment; (4) can only be used in accordance with the special conditions set out by Partment for each Promotional Code; and (5) could expire before the User uses them. Partment reserves its right to withdraw or deduct the added balances, benefits or other privileges obtained through the use of Promotional Codes by the User if Partment determines or believes that the use or redemption of Promotional Codes was wrong, fraudulent, or illegal or violated the terms and conditions of such Promotional Codes.

User-provided Content

Partment is entitled, at its absolute sole discretion, to allow you to submit, upload, publish or otherwise provide content, textual and/or audio and/or visual information to Partment through the Services and the provision of Services, including comments and feedback on the Services, creating support requests, and providing input to competitions and promotions ("User Content"). Any content created by the User provided by you remains your own property. However, once User Content is provided to Partment you grant Partment a universal, perpetual, irrevocable, non-transferable, royalty-free license, as well as the right to license, use, copy, modify, create derivative works, distribute, publicly display and perform the User Content publicly and otherwise exploit it in all forms and distribution channels currently known or subsequently created (including in respect of the Services and business of Partment as well as the sites and services of third parties), without sending additional notices to you or obtaining approval of your side and without having to pay you or to any other person or entity.

You shall undertake and represent the following:

(1) You are either the exclusive and sole owner of all User Content or you have all rights and all licenses, consents and exemptions necessary to grant a license to Partment using the User Content as set out above;

(2) neither submitting, uploading, sharing thereof , or otherwise making it available, nor using the User Content by Partment shall cause to violate, misappropriate or infringe any intellectual property, privacy, copyright or privacy rights of an external party and shall not result in violation of any applicable laws or regulations.

You agree not to submit any User Content, which is defamatory, libelous, hateful, obscene, pornographic, illegal or otherwise offensive, as determined by Partment upon its absolute discretion, whether this material is protected by law or not. Partment may review, monitor or remove any User Content at its sole discretion at any time and for any reason whatsoever with no obligation on Partment to obtain your approval of the approval of any third party on the same.

Access to Network and Devices

You shall be responsible for obtaining the necessary data for accessing the network to use the Services. If you access or use the Services from a wireless device, you may be charged the rates and charges of the services and the messages applied by your mobile network; you are responsible for paying these rates and charges. You shall be responsible for acquiring and updating the appropriate hardware or devices that are necessary to access and use the Services and any updates thereof and use of same. Partment does not guarantee that the Services, or any part thereof, will operate on any particular hardware or devices. In addition, the Services may suffer from malfunctions and delays resulted from the use of the internet and electronic communications.

Disclaimer, Limitations of Liability, and Indemnification

Disclaimer

The Services are to be provided "according to their existing condition" and availability. Partment disclaims any responsibility for any implied, explicit or legislative conventions or acknowledgements not expressly stipulated herein including the implied acknowledgements of marketability, fitness for a certain purpose, and non-violation. Additionally, Partment provides no acknowledgements, conventions, or guarantees of the timing accuracy, quality, fitness, and availability of all Services, any part thereof, or of the requested items during completing such services. Similarly, Partment provides none of the aforementioned assurances for Services disruption or for being error-free. You shall agree that all risks arising from your use of Services or any part thereof are, to the extend allowed by the applicable laws, solely incurred by you.

Limitations of Liability

Partment, and any of its affiliates, related parties, officials, managers, employees, and agents, shall not be held liable for any indirect, incidental, exemplary, punitive, or consequential damages including profit or data loss, injury on the level of personnel, or property damages related by any means to service use. Such liability is disclaimed even if Partment has been notified thereof. Partment shall not be responsible for any damages, liabilities, or losses resulting from:

  1. your use, your reliance, or your inability to access Services or use thereof;
  2. any conduct or content of any third party on the Services, including without limitation, any offensive or illegal conduct of other Users or third parties;
  3. any content obtained from the Services; or
  4. unauthorized access, use or alteration of your transmissions or content.

It shall not be construed that limitations of liability and responsibility disclaimer clauses mentioned in Clause 14 are meant to diminish the responsibility or substitute the rights of the User. Such responsibility are not subject to any exception in accordance with the applicable law.

Indemnification

You shall agree to ensure that Partment and all its officials, managers, employees, and agents shall be held harmless and indemnified against all claims, requests, losses liabilities, and expenses including, the attorney fees) that results in/from any of the following: (1) Your use of the Services and/or the Platform, or items provided to you upon using the Services; or (2) Your violation or breach of the Terms under this contract..

Termination

The Terms shall remain valid and enforceable until terminated in the following events:

(a) You may end your legal agreement with Partment at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at info@partment.co.

(b) Without prejudice to any other termination right granted to Partment, Partment may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) the provision of the Services to you is no longer commercially viable.

Partment will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those clauses you would expect to survive termination

Nothing in this section shall affect Partment’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

The Applicable Laws and Conflicts Settlements.

Unless otherwise provided herein, all such Terms are subject to Egyptian laws. All conflicts, disagreements, lawsuits, or disputes that may arise from such services, conditions, or relevant thereto, including their effectiveness, interpretation, and application, (the “Conflict") shall be mandatorily settled in the beginning according to the dispute settlement procedures set out in the Egyptian law. If such Conflict is not settled within sixty (60) days after submitting a Conflict settlement application, the same shall be referred to arbitration according to the rules and provisions of the Cairo Regional Centre for International Commercial Arbitration (CRCICA), Cairo, the Arab Republic of Egypt.

Proprietary Rights Infringement Claims

Partment reserves the right, at its absolute sole discretion, to remove material from the Platform or the Services that appear to infringe upon the copyright or other intellectual property rights of third-parties, and we will terminate the access rights of any repeat infringer.

If you consider the occurrence copyright infringement, you may sent any proprietary rights infringement claims to Partment's appointed agent, along with the supporting documents. Please visit Partment's website https://partment.co to obtain the specific address and any additional information.

Notifications

Partment may send notifications regarding the Services via e-mail or on the Services. You may notify Partment via written correspondences to info@partment.co.

General Provisions

You may not, fully or partially, waive or transfer the Terms without the prior consent of Partment, however, you agree to grant Partment your consent enabling Partment to, partially or fully, waive and transfer such conditions to: (a) any subsidiary or affiliate company; (b) one of Partment's shareholders, business or asset owner related thereto; or (c) any succeeding company in case of merger. You are not in any mutual project, partnership, or any employing or representing relationship between you and Partment,.

In case any provision herein shall be invalid, illegal or unenforceable in whole or in part or by virtue of any law, the said provision shall not be a part hereof, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

In such situation, both parties shall replace the illegal, invalid, or unenforceable provision or part hereof with a legal, valid, and applicable provision or a part thereof provided that such provision /part thereof , to the most possible extent, has a similar effect to that invalid, illegal, or unenforceable provision or part thereof, taking into consideration the content and the purpose hereof.

These Terms and Privacy Policy constitute the entire agreement and mutual understanding between you and Partment with respect to the subject hereof. Such conditions also replace and supersede all previous and present agreements and conventions. The expression "including" mentioned herein refers to "including but not limited to".