Pie

Brokers Terms and Conditions

1. Acceptance of Terms

Welcome to Property Inventory Enterprise (hereinafter referred to as "PIE"), operated by Kingfisher Consultancy S.A.E (“the Company,” “We,” “Us,” or “Our”). The Company is the sole owner and operator of the Platform located at www.pie.properties (“Website,” “PIE,” or “Platform”). The following Terms and Conditions along with the subscription quotation and our privacy policy constitute a legally binding agreement between you (“You”, “Your” or “Broker”) and the Company regarding your use of the Platform and Services offered by the Company. The terms and conditions, subscription quotation and privacy policy are collectively referred to as “the Agreement” or “the Terms”. PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO USE THE PLATFORM AND SERVICES OFFERED BY THE COMPANY.

2. Key Terms

Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
“Broker” refers to an individual or a juristic person who is operating as a Real Estate Agent/Property Broker and who subscribes for a Broker Account on the Platform.
“Admin User” refers to a User who has full access to Broker Account and is able to add and remove Authorised Account Users.
“Authorised Account Users” refers to employees or agents who have been authorised the use of Broker’s Platform Account by the Admin User.
“Authorised Use” or “Authorised Access” refers to the use of the Platform as intended and authorised by the Broker/Admin User in accordance with this Agreement.
“User” refers to all Platform Users and includes Suppliers, Brokers and their Authorised Users respectively.
“Service” refers to the Service offered by the Company as described in Article 4 of this Agreement.
“Supplier/s” refers to Property developers or Resellers who subscribe for a Supplier Account on the Platform.
“Property Inventory” refers to the all on sale property information as provided by the Supplier.
“Controlled Inventory” refers to property inventory owned and imported on the Platform by a Supplier which is only shared with approved Brokers.
“Open Inventory” refers to property inventory owned and imported on the Platform by a Supplier but visible to all Brokers subscribed to the Platform.
“Closed Inventory” refers to property information uploaded on the Platform by Brokers for their internal use only. Closed Inventory is only visible to Brokers who upload it and such Broker’s Authorised Users.
“PIE Administrator” refers to an authorised Company representative. Any reference to Company in this Agreement includes the PIE Administrator.
“Subscription Fees” refers to the monthly Service fees payable by the Broker to the Company. The Company provides the Subscription Fees quotation to Brokers which shall be payable before the Broker’s Platform Account is activated.

3. Information Disclaimer

THE COMPANY DOES NOT OFFER ANY FINANCIAL OR INVESTMENT ADVICE. WE ARE NOT A SUPPLIER OF REAL ESTATE, AND WE DO NOT ACT AS A PROPERTY DEVELOPER, RESELLER OR BROKER. OUR ACCEPTANCE OF ANY PROPERTY SUPPLIERS OR BROKERS ON THE PLATFORM DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH SUPPLIER OR BROKER. THE COMPANY ONLY MAKES AVAILABLE PROPERTY DATA AS SUPPLIED BY THE SUPPLIERS FOR THE BENEFIT OF OUR USERS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF SUCH PROPERTY INFORMATION. THE COMPANY WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY DECISIONS YOU MAKE REGARDING ANY SPECIFIC PROPERTY BASED ON ANY INFORMATION MADE AVAILABLE THROUGH THE PLATFORM. YOU ARE HEREBY ADVISED TO UNDERTAKE YOUR OWN INDEPENDENT RESEARCH ON ANY PROPERTY YOU WISH TO LIST OR BUY AND EXERCISE YOUR OWN BEST JUDGEMENT OF THE REAL ESTATE MARKETS BEFORE MAKING ANY FINANCIAL DECISIONS. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY BROKER OR THIRD PARTY AS A RESULT OF THE USE OF THE PLATFORM.

4. Eligibility and Broker Accounts

The Platform is not available to any Users who have previously been banned from using the Platform by the Company or Brokers who are under the age of eighteen (18) years. If you are creating a Broker Account as an individual, you represent and warrant to the Company that you are at least eighteen (18) years of age. Only Brokers who have accepted the Subscription quotation and Payment terms provided by the Company are eligible to sign up for a Broker Account on the Platform. If you wish to request a Subscription quotation, please contact us at sales@pie.properties. It is solely your responsibility to obtain any required licenses/permits to operate as a Real Estate Broker in your local jurisdiction prior to creating an account on the Platform. You may only enter into this Agreement and create a Broker Account on behalf of your employer or a third-party if you have the requisite authority and capacity to act on behalf of such entity and to bind the former to this Agreement.

Account Sign up for Individual Brokers
When you register for a Broker account as an individual, we will request you to provide us with certain personal information. You agree to provide correct and complete information when requested and to keep this information up to date in the event of any changes. Please note that where you sign up for a Broker Account as an individual, you will only receive a single username and password. If you are operating as a Broker Organisation and would like to have multiple users to access your Broker Account, you should register as a Broker Company. .

Account Registration for Broker Organisation
When you register for a Broker Company Account, you will be required to obtain a license for each User that you wish to be able to access your Broker Account. Your subscription fee will be linked to the number of licenses you acquire. You can have up to a maximum of five User licenses for your Broker Account. You can easily remove or add a User from your account provided you have sufficient licenses. When you register for an account, we will request you to provide us with specific information about your Organisation as well as personal information about your key contact under this Agreement. You agree to provide correct and complete information when requested and to keep this information up to date in the event of any changes. .

Privacy Policy
All your personal and company information is collected and processed by us in accordance with our Privacy Policy. Please carefully review our Privacy Policy before proceeding to use our Service. If you do not agree with our Privacy Policy, please do not sign up for an account on the Platform.

Account Security
We reserve the right to immediately terminate your Platform Account if we discover that you provided us with false or fraudulent information. The Company offers all User Accounts at its sole discretion. You are solely responsible for protecting your account login credentials to prevent any unauthorised access to your account. You may not share your account password with others. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your account. You assume full responsibility for all activity on your account. Please immediately report any unauthorised access to your account or other similar suspicious activity to us at support@pie.properties.

5. Service

PIE is an online software service that enables Real Estate Suppliers and Brokers to easily upload, share and manage their Property Inventory through the Platform. Suppliers can choose to upload and share their Property Inventory with either all Brokers on the Platform or only with their approved Brokers.

Accessing Controlled Inventories
Whenever a Supplier uploads a new Controlled Inventory on the Platform, the Company notifies all Brokers on the Platform that a new property Supplier has been registered, and Brokers who do not have access to that Supplier’s inventory can send sharing rights request to that Supplier. Brokers who have previously been approved by a Supplier can instantly view such Supplier’s new Property Inventories without having to request sharing rights. When a Broker submits a sharing rights request to a Supplier, such Supplier can view the Broker’s User profile and choose to either accept the Broker’s request or decline it. Please note that Suppliers are not under any legal or moral obligation to accept any sharing rights requests.

Accessing Open Inventory
Open Inventories, when uploaded by a Supplier, become instantly visible to all Brokers on the Platform. You do not need to apply for any sharing rights request to access and interact with an Open Inventory through the Platform. Please note that you may still need to enter into commercial agreements with the Supplier outside the Platform if you wish to enter into any transactions relating to such property and any such agreement is solely between you and the Property Supplier .

Managing Closed Inventory
The Platform not only enables Brokers to access new Property Inventories from Suppliers around the world but also easily manage their existing property inventories under their Broker Account. Please note any closed inventory uploaded by a Broker on the Platform is only visible to such Broker and its authorised users only. If you wish to list your Property Inventory on the Platform and make it accessible to other Brokers, please register for a Supplier Account and upload your inventory. As a Broker, you will retain full control of your Closed Inventory on the Platform.

The Admin User can also view analytics in Broker’s Account to view the number of clicks from their Team. It is solely your responsibility to ensure that all your authorised users, governing bodies, employees, contractors and other parties who are involved in your business and who provide or collect any information through the Platform understand and agree to be bound by this Agreement. Any violation of this Agreement by your employees, agents, officers, shareholders, members of governing bodies or contractors will be deemed to be a violation of this Agreement by you. The Company disclaims all liability for errors, inaccuracies or omissions in the Property Inventory as accessible through the Platform. In the event you identify any errors, omissions or inaccuracies in your Property Inventory, please contact us at support@pie.properties and provide us with a detailed description of the error or omission. We respond to all rectification requests within 48 hours from the time of receipt of your request. THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY OR LEGALITY OF ANY INFORMATION STORED ON THE PLATFORM AND OR TRANSMITTED BY ANY USER. THIS AGREEMENT ONLY GOVERNS USERS RIGHTS AND OBLIGATIONS TOWARDS EACH OTHER, AND TOWARDS THE COMPANY, WHEN THEY USE THE PLATFORM. THE SUPPLIERS AND BROKERS ARE SOLELY RESPONSIBLE FOR ENTERING INTO SUITABLE AGREEMENTS GOVERNING THEIR COMMERCIAL RELATIONSHIP WITH EACH OTHER OUTSIDE THE PLATFORM. THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENTS OR TRANSACTIONS ENTERED INTO BETWEEN THE SUPPLIERS AND BROKERS. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER THE SUPPLIER OR THE BROKER TO MEET THEIR RESPECTIVE OBLIGATIONS UNDER ANY AGREEMENTS. FOR THE PURPOSES OF THIS AGREEMENT, THE COMPANY’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE PLATFORM.

6. User Verification

The Company does not request any proof of identity from its Users; therefore, we are unable to confirm that a User is who they claim to be. The Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any personal/commercial information provided by a User through the Platform. Should you require any additional proof or information from a Supplier on the Platform, it is for you to request such information directly from that Supplier. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY, ITS EMPLOYEES, SHAREHOLDER, AFFILIATES AND LICENSORS (COLLECTIVELY REFERRED TO AS “COMPANY AND ITS OFFICERS”) FROM ANY LIABILITY RELATED THERETO.

7. Agreement between Users

You agree that any understanding or commercial agreements you enter into with a Supplier outside the Platform are solely between you, and such Supplier. The Company will not be a party to such commercial agreements between its Users, and the terms of such commercial agreements will not expand Company’s obligations or restrict Company’s rights towards its Users under this Agreement.

8. Payment Policy

Although PIE is an online Service, Subscription payments are currently not processed through the Platform.

Subscription Payments
Brokers are billed the subscription fees according to the Subscription quotation provided by the Company. All subscription fees for Brokers based in Egypt are quoted in EGP whilst the subscription fees for Brokers outside of Egypt are quoted in USD. The first subscription fee is payable 15 days before the activation date of your subscription and every month thereafter on an automatically recurring basis until you choose to cancel your subscription. Please note that if we don’t receive your Subscription fees before your account activation date, we reserve the right to withhold activation of your Platform account until such time that we receive the full subscription fees. All Subscription payments must be made in one of the approved modes of payment as provided on the Invoice. The Company currently accepts subscription payments through wire transfers, cheques, cash and payments made through the payment links. Please note that we will never request your credit card details or hold any sensitive financial information on our records. Where you choose to pay your subscription fees through the payment link option, your credit card details are collected, processed and stored by the payment processor in accordance with their own terms and conditions. The Company will not assume any responsibility for loss of data, third-party claims, loss of revenue or lost opportunity as a result of account cancellation or suspension as a result of your non-payment. The Company reserves the right to change its subscription fees at any time by giving ninety (90) days notice to you. The notice will be deemed to have been served on the date we send you the email informing you of the upcoming changes. If you do not wish to continue your subscription with the amended fees, you may cancel your subscription by notifying us in accordance with Article 8 below.

9. Cancellation Policy

You may cancel your Subscription at any time by contacting us via email at support@pie.properties with the words “Cancellation” in the subject line. If you wish to cancel your subscription, you should do it before the end of your current billing cycle. Once you cancel your account, you will retain access to the Platform until the end of your billing cycle. Once your account is terminated, you will not be able to login to your account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company. Please take note that we may purge all data for suspended, expired and cancelled accounts in our sole discretion. It is solely your responsibility to maintain backups of all your data that you wish to access at all times especially before cancelling your account. The Company reserves the right to terminate any User account or suspend a User’s access to the Platform under the following circumstances:

A User has violated any provisions of this Agreement .
A User’s conduct is harmful to the Company or any other Users .
The Company discontinues the Service for any reason .

10. Refunds Policy

Subscription payments are deemed to be fully earned on the due date specified on the invoice. In the event you decide to cancel your subscription before the end of your billing cycle, you will not be eligible for a partial refund for the remaining period. All refund requests are dealt with on a case by case basis. If we grant your refund request, your refund will be deposited in the same account from which we received the payment. Please wait at least 15 days after your refund has been processed for the payment to appear in your account.

11. User Content

The Website may allow Users to upload, post and share text, images, data, audio or video content (hereinafter referred to as “User Content”).

License Grant to the Company
The Company does not claim any ownership of your User Content, but by posting any User Content in public areas of the Website you grant the Company an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, reproduce, prepare derivative works or incorporate into other words during the performance of our Services and in any media.

License Grant to Platform Users
You understand and accept that your profile information as provided by you during your account registration will become visible to a Supplier when you send a sharing rights request to such Supplier. Furthermore, as a Broker Organisation, any closed inventory or other data that you have been authorised access to will be visible to all your authorised Users. You hereby grant all such Platform Users a non-exclusive license to access and view your profile information in any manner permitted or made available by the Company through the Platform. WE HEREBY DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORISED ACCESS TO ANY RESTRICTED USER CONTENT.

User Content Disclaimer
All information provided by the User to the Company or uploaded or shared by a User through the Platform is the sole responsibility of the User from whom such information originated. You understand and accept that when you use the Platform, you will come in contact with data shared by other Users including but not limited to Property Inventories provided by Supplier Accounts on the Platform. Although we take all reasonable care to prevent any errors or omissions, you understand and accept that human error is possible and you agree that it is solely your responsibility to verify any information from the other User before making any business decisions based on such information. The Company does not assume any responsibility for errors or omissions in any User Content. You hereby waive any legal or equitable rights or remedies you may have against the Company with respect to any User Content accessed or made available through the Platform. The Company does not endorse any User Content or verify the accuracy or legality of such content, and the Company expressly disclaims all liability with respect to User Content on the Platform.

Representation and Warranties
The Company does not monitor the User Content made available through the Platform, but we do reserve the right to do so. We reserve the right to remove, edit or block any User Content if we believe that such User Content is incorrect, incomplete or in any way violates these Terms. You represent and warrant to the Company that you are the owner of the User Content you upload, post or share through the Platform, or you have necessary license and authorisation to upload and share your User Content through the Platform.

Confidentiality of User Content
As a Broker, you understand and agree to keep all Supplier data including Property Inventories made available through the Platform safe and secure. You understand that the information made available to you by the Supplier contains confidential information and you agree to handle this data with the same degree of care as you would handle your own confidential business data. You agree to hold all Supplier Information, including any Open or Controlled Property Inventories in strict confidence. For the purposes of this Agreement, Confidential Information will not include any information which:

is or becomes generally known to the public by any means other than a breach of obligations by the Broker.
was previously known to the Broker or rightly received by the Broker from a third party .
is independently developed by the Broker
is subject to disclosure under court order or other lawful process.

Broker agrees not to make any Supplier Information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement or as agreed between the Parties in writing in other agreements offline. All Supplier confidential information shall remain the sole and exclusive property of the Supplier. Notwithstanding termination or expiration of this Agreement, Broker acknowledges and agrees that its obligations of confidentiality with respect to Confidential Information shall continue.

User Content Posting Guidelines
It is solely User’s responsibility to ensure that the information as uploaded or delivered through the Platform:

Does not violate any applicable laws .
was previously known to the Broker or rightly received by the Broker from a third party .
Does not breach any provisions of this Agreement .
Does not disclose or share any personal information of another person or in any way violate the privacy rights of another .

12. User Conduct

You understand and agree that:

You will not use the Platform for any unlawful or illegal purposes;
You will only use the Platform in accordance with your applicable local laws;
You will not post or upload any content on the Platform that violates this Agreement or in contravention of any other laws;
You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.
You will not breach any terms and conditions of third-party applications, tool or service used by the Company to deliver the Platform to you;
You will immediately notify the Company of any issues that you encounter during your use of the Platform;
You will not impersonate another User or use another User’s username and password to access the Platform;
You will not disclose or share any personal information or confidential data of another person or entity without their express consent;
You will not post or upload any content that infringes the intellectual property rights of another person or entity;
You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
You will not use any robot, spider, site scraping/retrieval application or other automated routines to scrape any data/information from any part of the Platform;
You will not reformat or frame any portion of the Website or Service without the express written consent of the Company;
You will not post or submit any content or material on any Website, that falsely expresses or imply that such content or material is sponsored or endorsed by the Company;
You will not transmit any viruses, defects, trojan horses or other items of a destructive nature;
You will not copy or store any content offered on the Website for other than your own personal use;
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
You will not reproduce, distribute, display or make available any data, information or part of the Platform to any third-party without the express written consent of an authorised representative of the Company.

13. Limited License

Excluding your User Content, all the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by or licensed to the Company and subject to trademark, copyright and other intellectual property right laws and international conventions. You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republishing, disassembling, decompiling, reverse engineering or distributing any Company Content in any way unless expressly authorised by the Company in writing. You shall not remove any copyright, trademarks or other similar proprietary notices from any Company Content. You may not use any Company Content or any User Content on a third-party website or application without the express written consent from the license owner. This Agreement grants you a limited, non-exclusive, non-transferable license to use the Platform in accordance with this Agreement.

14. Copyright Infringement Disputes

We have a zero tolerance policy towards violations of copyright laws. The Company reserves the right to immediately terminate your access to our Platform or remove any User-Generated Content that we believe, infringes the Copyright of another person or entity or which is alleged to be violating any other legal rights of any third party. You agree that you will not post, upload, share or in any way reproduce any content that you do not have the full legal rights to use.

Reporting a copyright dispute
If you believe that your copyrighted material or content is posted, uploaded or made accessible on the Platform without your authorisation, please inform us at support@pie.properties and provide us with the following information:

Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the material).
Your contact information including your name, phone number, and email address.
A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement.
A statement by you confirming all the information provided by you is bona fide true.

Please note that we may be required to provide the above information to the User who is alleged to have infringed your copyright. We will respond to your request within seven business days. We are unable to offer you any assurances of the time it would take for a full investigation.

Reporting a copyright dispute
If your User Content has been wrongly removed as a result of copyright infringement dispute, please contact us at support@pie.properties with the following:

Please provide a link to the page where the content was posted before it was removed .
A written statement setting out that you are the owner or have the requisite authority or license to publish that content on the Platform .
All supporting evidence that we can provide the disputing party to refute their claim.

The information you provide us in your response will be shared with the Party disputing your Copyright. If the parties are unable to resolve the dispute, they may seek alternative legal action to enforce their rights or defend their claims. The Company will honour the final decision of the court of law.

15. Modification

We reserve the right to add new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of the Platform will become effective from the date of implementation. Where we make any material amendments to this Agreement, we will notify you by email and updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes. You release the Company of any liability arising from your failure to review such modified Terms.

16. Maintenance

The Platform is provided to you on an "AS-IS", “WITH ALL FAULTS” and "AS AVAILABLE" basis and the Company expressly disclaims any warranty of any kind, expressed or implied, including, without limitation, any warranty of: merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality, or that the Platform will be available at any specific time or location, the Service will be uninterrupted, error-free or secure; that any defects will be corrected; or that the Service is free of viruses or other harmful components. The Company does not guarantee any specific results from the use of the Platform. In no event will the Company be liable for any direct, indirect, punitive, special or consequential damages including, without limitation for any loss of profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if the Company was advised of the possibility thereof. The Company assumes no liability for:

errors, mistakes, or inaccuracies of any User-Generated content .
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform .
any unauthorised access to or use of our servers or any information stored therein .
any interruption or cessation of transmission to or from the Platform .
any loss or damage of any kind incurred as a result of your use of the Platform, whether based on warranty, contract, tort, or any other legal theory.

The foregoing limitations of liability shall apply to the fullest extent permitted by law. In no event shall the Company’s liability to you exceed the amount paid by you to the Company in the month when the claim first arose. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17. Indemnification

You understand and accept that you are solely responsible for acquiring and maintaining all relevant Real Estate Broker Licenses in the jurisdiction where you operate and for your compliance with your local laws. You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

the violation of these Terms by you;
Any real estate brokerage services provided by you to your clients;
Your gross negligence, fraudulent or willful misconduct.
the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity .

18. Governing Law

This Agreement shall be construed in accordance with the national laws of Egypt. Any action or claims brought against the Company must be brought in the court of law, with appropriate jurisdiction to rule upon the matter, sitting in the city of Cairo, Egypt.

19. No Class Action

All claims between you and the Company related to these Terms will be litigated individually, and you will not consolidate or seek class treatment for any claim concerning the Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

20. Assignment

The Company may assign its rights and obligations to any person in its sole discretion without providing any notice to You. Please note that where we assign our rights and obligations to another person, such person will be bound by the same confidentiality agreement that we have towards you. You shall not assign, transfer or in any other manner transfer any of User rights or obligations under these Terms to any third party, without the express written consent of the Company.

21. Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.