Terms & Conditions
AS OF 07-12-2022
These Terms and Conditions regulate the relationship between you and Renters, a financial services mobile application developed by Erfa eCommerce Solutions FZ LLC, and cover your use and access to the Platform. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.
- Definitions
- The following terms are used throughout these Terms and Conditions and have specific meanings.
- “Account” means the account that Subscribers are required to create through the Platform to use the Platform Services;
- “Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Erfa rules, policies available on the Platform (including, but not limited to, the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform);
- “Erfa”, “we” and “us” collectively mean Erfa eCommerce Solutions FZ LLC, a limited liability company duly registered with the Dubai Development Authority with its office located at Premises HD 46A 1st Floor, In5 Tech Building, Dubai Internet City, Dubai, United Arab Emirates;
- “Platform” means any online tool provided, processed and/or maintained by Erfa (including, but not limited to, mobile application, all subpages and subdomains, all content, Platform Services and products available at or through Renters website located at www.rentersapp.io and/or its mobile application, and/or any other related domain offering access to, or facilitating the provision of, the Platform Services);
- “Platform Services” means the online and/or offline services provided by Erfa for the provision and use of the technology that Erfa has developed to facilitate online payments of real estate and real estate related transactions;
- “Privacy Policy” means Erfa’s privacy practices in relation to the use of the Platform which is available at [https://rentersapp.io/privacy-policy/];
- “User”, “Subscriber”, “you” and “your” collectively mean a person that (i) means any person who accesses the Platform or avails Services on the Platform for the purposes of paying rent and related payments, whether as a tenant or as a property owner or company and/or individual representing a property owner participating in using the Platform.;
- Platform Services
- Role: Any registered Subscriber or User of the Site may choose to make rent payments, maintenance payments and payment of security deposit/ token amounts, through the payment gateway(s) authorized by Erfa . In this regard, the Users are asked to provide customary billing information such as name, financial instrument information which shall include the bank account number, IBAN Number of the User, the details of the landlord or real estate agency to whom the payment has to be made and the address of the property with regard to which the rent or security deposit is to be paid. Users may also be asked to provide a copy of the rental agreement pursuant to which such rent payments are being made. The Users must provide accurate, current, and complete information while making the payment through the mobile application and it shall be the User’s obligation to keep this information up-to-date at all times. The Users are solely responsible for the accuracy and completeness of the information provided by them and Erfa shall not be responsible for any loss suffered by the User as a result of any incorrect information, including payment information provided by the Users.
- Except for Erfa limited role in processing the payments that registered Users authorize or initiate, Erfa is not involved in any underlying transaction between the User, any other User, any third person or any service providers. Erfa is not a bank and does not offer any banking or related services. Erfa may use the services of one or more third parties (each a “Processor”) to provide the Service and process the User’s transactions. Further, Erfa does not guarantee payment on behalf of any registered User, other User or Processor and explicitly disclaims all liability for any act or omission of any User or Processor. Erfa is neither an agent of the lessor or lessee or any registered User. Erfa acts solely as an intermediary which facilitates payments between the registered Users making the payment and the intended third-party beneficiaries.
- Authorization: The User acknowledges that Erfa is authorized by the User to hold, receive and disburse funds in accordance with the User’s payment instructions provided through the Site for the purposes of facilitating the transfer of monies to the intended beneficiary as specified by the User on the Site . [The authorization given by the Users permits Erfa (a) to debit or credit the User’s balance, bank account, any credit card, debit card, or other payment cards or any other payment method that Erfa accepts] or (b) to process payment transactions that the Users authorize by generating an electronic funds transfer. [By instructing Erfa to pay another User, the Users authorize and order Erfa to make the payments (less any applicable fees or other amounts we may collect under this Agreement) to such user. Erfa may limit the recipient’s ability to use or withdraw the committed funds for such period of time that Erfa has agreed to with the recipient.]
- Fees: The User agrees that they may be charged a service charge by Erfa for using the Mobile Application to make rental payments or payment of security deposits.
- Transaction Limits: Erfa may delay, suspend or reject a transaction for any payment(s) for any reason, including without limitation if Erfa suspects that the transaction subjects it to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement subject to dispute or otherwise unusual.
- Chargebacks: The amount of a transaction may be charged back or reversed to the User (a “Chargeback”) if the transaction (a) is disputed by the sender, (b) is reversed for any reason, (c) was not authorized or Erfa has reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. The Users owe Erfa and will immediately pay Erfa the amount of any Chargeback and any associated fees, fines, or penalties assessed by Erfa Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies (“Networks”). The Users agree to assist Erfa when requested, at the User’s expense, to investigate any of the User’s transactions processed through the Service. For Chargebacks associated with cards, Erfa will work with the Users to contest the Chargeback with the Network or issuing banks should the User choose to contest the Chargeback. In this regard, Erfa will request necessary information from the User to contest the Chargeback and the User’s failure to timely assist Erfa in investigating a transaction, including without limitation providing necessary documentation within 5 business days of Erfa request, may result in an irreversible Chargeback.
- Liability: The Users agree not to hold Erfa responsible and/or liable for any issue or claim arising out of any dispute whatsoever between the User and the Processor and/or the User and the User’s bank or financial institution.
- Additionally, please note that Erfa shall not be responsible for any additional fees or charges deducted by the Processors while processing payments in connection with the User’s transaction and Erfa disclaims all liability in this regard. Further, the Users may also be subject to additional terms and conditions imposed by such Processors and the Users should review these terms and conditions before authorizing any payments through the Processors.
- Fraud and restrictions: Erfa may ask for additional documents (like Rental Agreement, Owner/Tenant Emirates ID, Electricity Bill) where it deems necessary, including in case the transaction looks suspicious. [Erfa will refund the full amount (excluding the nominal processing fees collected by Erfa) without any deductions if Erfa determines it is not a valid rent/token/security deposit/ maintenance payment or if such payment is fraudulent. A valid rent/security deposit payment is one where there exists a legally valid rental agreement between the tenant and the landlord with the rent amount equivalent to what is being transferred on Erfa. A valid maintenance payment is one where there exists a valid tenancy agreement between the payer and the real estate agency / landlord.
- Refunds: In case, Erfa is not able to facilitate transfer the rent amount to the beneficiary account due to any technical difficulties, Erfa will refund the payment back to the source.
- The Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of the User’s access to and use of the payment Services remains with the Users. If the Users permit or authorize another person to use their Erfa account in any way, the Users shall be responsible for the actions taken by that person. Neither Erfa nor any other party or Processor involved in creating, producing, or delivering the payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these payments terms.
- The Platform Services are not intended for Users that are under the age of 18. Any registration by, use of, or access to, the Platform Services by any person under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Platform Services, you represent and warrant that, you are at least 18 years old.
- User should be aware that a payment order onwards to the User’s recipient bank account is will only be processed by us once the User has successfully completed payment transaction on the Renters Mobile App. It is the User’s responsibility to complete the payment transaction on time as we cannot influence the time it takes for funds to be sent to us by User’s bank or payment service provider. Erfa will process payment order as soon the transaction is successfully completed by the User, provided before 5 pm on a Business Day. If payment transaction is done after 5 pm or on a day that is not a Business Day, User’s payment order will be processed during the next Business Day. The same applies if the User transaction is successfully completed after 5 pm or on a day that is not a Business Day.
- Execution times for payment orders: If User transaction is processed and received on any given day, then Erfa will ensure that the payment recipient’ bank or payment service provider receives the funds within 2-3 working days after we have started to process your payment order as described in above section.
- Limitation of Liability
- Erfa total aggregate liability under this Agreement and in relation to anything which Erfa has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of Erfa arises. ‘,
- Changes to the Terms and Conditions
- Subscribers agree that Erfa may amend this Agreement from time to time, and in Erfa’s sole discretion. Although Erfa will use its best endeavours to notify Subscribers of any amendment to this Agreement, Erfa will not be required to provide Subscribers with prior notification of such amendments or changes to this Agreement.
- Upon any amendment or change to this Agreement, Erfa will publish the amended Agreement on the dedicated link available at the Platform. Subscribers’ continued use of the Platform and/or the Platform Service after the publication date of a revised version of this Agreement constitutes their acceptance of its terms.
- Subscribers agree and undertake to review our Terms and Conditions each time they visit our Platform and/or prior to each use of the Platform Services. If Subscribers do not agree to our Terms and Conditions, as updated from time to time, Subscribers undertake to cease using our Platform and/or Platform Services immediately.
- Eligibility and Account Registration
- Subscribers are required to create a personalized Account by using their name, phone number, email address. Subscribers can also create an Account using their existing Facebook or Google accounts (if made available by Erfa). Each Account should have a unique username and a password.
- In order to use the Platform Services, Subscribers will be required to be logged into their Account. Each Subscriber may only hold one Account with us.
- Each Subscriber is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. Subscribers undertake to provide accurate and complete information and keep their Account information and their Account updated. Subscribers may not share their password with unaffiliated third parties. Subscribers agree to notify Erfa immediately of any unauthorized use of their Account, or any other breaches of security. Subscribers are fully responsible for all uses of their password, Account and username, or registration, whether by themselves or others. Erfa is authorized to act on instructions received through use of Subscribers’ Account or registration, and is not liable for any loss or damage arising from Subscriber’s failure to comply with this clause 4.
- Subscriber Account, including any information pertaining to it (e.g. contact information, billing information, Account history, etc.), is strictly personal to the respective Subscriber. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
- By creating an Account or using the Platform Services, you consent to us contacting you about your interest in our Platform Services by email, phone, or through any other contact information you have chosen to provide. Subscribers wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.
- Subscribers may be required to verify their mobile number using our automated verification system in order to use the Platform Services. Any information provided in relation to this process will be subject to Erfa’s Privacy Policy. The numbers provided will be used for the purpose of identity verification and may be used by Erfa for marketing purposes.
- Erfa reserves the right to request additional information from a Subscriber (such as a valid ID copy) in order to verify Subscriber’s identity and decline or refund any order Erfa believes to be fraudulent. The use of a VPN, Proxy, VoIP number or any other means of concealing the true location of the Subscriber will lead to delays, likely ID check and possible cancellation of the associated order(s). The phone number that a Subscriber provided may be subject to geographic location checks in order to verify the authenticity of the order.
- We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
- You may request to close your Account at any time by contacting us at [support@rentersapp.io]. Your request may take up to 10 business days to process. If you owe any payment to Erfa for any reason, Erfa will not close your Account until that payment has been made to Erfa. In such case, Erfa may restrict your ability to make additional transactions using your Account or reject any request to open subsequent Accounts for you. You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.
- User Conduct Rules and Restrictions
- Subscribers agree to provide any information or documentation reasonably requested to verify their identity in connection with their payment transaction. Subscribers hereby authorize Erfa to make, directly or through third parties, any inquiries necessary to verify their identity.
- Subscribers also undertake to provide us with any and all information and documentation that may be necessary for the performance of the Platform Services.
- Erfa has the right to, in its sole discretion, determine whether or not any Subscriber’s conduct is appropriate and complies with these Terms and Conditions. You agree that Erfa has the right to terminate or deny access to your use of any Platform Service for any reason, with or without prior notice.
- Subscriber is responsible for ensuring the payment details you provide are accurate. Once Erfa has executed payment instructions, transactions cannot be reversed, and Erfa will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.
- In the unlikely event that you notice an error in either the payment sent or received as a result of using the Services, then you should immediately notify us at support@renterapp.io.
- Subscribers agree not to use the Services for any unlawful activity, and Erfa reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Erfa reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
- Third-Party Content
- As part of the Service, Erfa may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and Erfa has no control over third party platforms or content or the promotions, materials, information, goods or services available on them. Erfa is not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.
- For avoidance of doubt, this Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
- Intellectual Property
- Erfa retains ownership of all intellectual property rights belonging to Renters Mobile App, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used on the Platform may be the trademarks of other third parties and may appear on the Platform as Third-Party Content. Erfa does not claim ownership of any intellectual property rights over any Third-Party Content made accessible through the Platform. This Agreement does not transfer from us to you any Renters or any other intellectual property rights over Third-Party Content, and all right, title, and interest in and to such intellectual property will remain with the respective holders of such intellectual property rights. Erfa reserves all rights that are not expressly granted to you under this Agreement.
- Specifically, Erfa and www.rentersapp.io are registered trademarks of Erfa; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Erfa.
- If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at support@rentersapp.io. Erfa will terminate a Subscriber’s access to (and use of) the Platform if, under appropriate circumstances, a Subscriber is determined to be a repeat infringer of the copyrights or other intellectual property rights of Erfa or others without necessary rights and permissions.
- Termination
- If you wish to terminate this Agreement, you may simply discontinue using Renters. If you wish to delete your Account data, please contact Erfa at [support@rentersapp.io]. Erfa will retain and use your information as necessary to comply with Erfa’s legal obligations, resolve disputes, and enforce Erfa’s agreements, and Erfa will delete your full profile to the extent possible (if applicable).
- Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties hereto that have accrued up to the date of termination. Termination of this Agreement shall not release the Subscriber from any obligation to pay Erfa any amount that has accrued or becomes payable at or prior to the date of termination.
- All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
- Miscellaneous
- Governing Law: This Agreement between you and Erfa and any access to or use of the Platform and/or the Platform Services are governed by the federal laws of the United Arab Emirates. Any dispute which may arise between a Subscriber and Erfa pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be the competent authority to settle the same.
- Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Erfa to enforce any provision of this Agreement will not be considered a waiver of Erfa’s right to enforce such provision. Erfa’s rights under this Agreement will survive any termination of this Agreement
- Assignability: Erfa may assign or delegate its rights or obligations under these Terms and Conditions and/or Erfa’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Terms and Conditions or Privacy Policy without Erfa’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
- Notices to Subscribers: Reports, statements, notices and any other communications may be transmitted by Erfa to Subscribers via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a Subscriber when electrotonically sent by Erfa to Subscriber to the email address specified in the Subscriber’s Account.
- Notices to Erfa: Reports, statements, notices and any other communications may be transmitted by a Subscriber to Erfa at [X]. All communications and notices shall be deemed to be received or served (as applicable) to Erfa when electrotonically received by Erfa at [X].
- Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of 4th October, 2023.