TERMS of USE
Please read these Terms of Use carefully. These are the general Terms of Use governing The User’s access and use of this Application (“Site”).
DEFINITIONS:
Term of Use: means the set of conditions and guidelines outlining the acceptable and expected behavior of The User when using a this mobile application.

Application: means the mobile application named "The FIVE Owner," which is owned and operated by FIVE International Hotel Management LLC. It is designed for the specific use of Holiday Home owners.

The User: means any individual who is authorized, either directly or indirectly, to utilize the mobile application.
ACCEPTANCE OF THE TERMS OF USE
The FIVE Owner Application is owned and operated by FIVE International Hotel Management LLC (“FIVE Owner” “Company”, “we” or “us”). The following Terms of Use, the Holiday Home Agreement (“Property Agreement”) entered into with the Company or any of its affiliates pertaining to a commercial lease, unit or plot in an FIVE Owner project in respect of which this Application is used together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern The User access to and use of FIVE Owner Application (the “Application”), including any content, functionality and services offered on or through the Application whether as a guest or a registered user. Please read the Terms of Use carefully before The User starts to use the Application. By using the Application or, where applicable, by clicking to accept or agree to the Terms of Use when this option is made available to The User, The User accepts and agrees to be bound and abide by these Terms of Use and our Privacy Policy. If The User does not want to agree to these Terms of Use or the Privacy Policy, The User must not access or use the Application.
CHANGES TO THE TERMS OF USE
May revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. The User’s continued use of the Application following the posting of revised Terms of Use means that The User accepts and agrees to the changes. The User is expected to check this page from time to time so The User is aware of any changes, as they are binding on The User.
ACCESSING THE APPLICATION AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to any user, including registered users.

The User is responsible for:
Making all arrangements necessary for The User to have access to the Application.

Ensuring that all individuals who access the Application through The User’s internet connection are aware of these Terms of Use and comply with them. The User agrees that all information that The User provides to register with this Application or otherwise, including but not limited to using any interactive features on the Application, is governed by our Privacy Policy, and The User consents to all actions we take with respect to The User information consistent with our Privacy Policy. (Defined as provision that outlines how this Application collects, uses, stores, and protects users' personal information. It informs users about their rights regarding their data and how they can control its use, ensuring transparency and compliance with privacy regulations.

If The User chooses, or are provided with, a username, password or any other piece of information as part of our security procedures, The User must treat such information as confidential, and The User must not disclose it to any other person or entity. The User also acknowledge that The User’s account is personal to The User and agree not to provide any other person with access to this Application or portions of it using user’s name, password phone number or other security information. The User agrees to notify us immediately of any unauthorized access to or use of username or password or any other breach of security. The User also agrees to ensure that The User exits from The User’s account at the end of each session. The User should use caution when accessing The User’s account from a public or shared computer so that others are not able to view or record The User’s password or other personal information.

The User may only have one account with this Application. If The User received more than one username, password or activation code, please notify us immediately. The User’s use of more than one account will represent a breach of these Terms of Use.

We have the right to disable any username, password or other identifier, whether chosen by The User provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, The User have violated any provision of these Terms of Use. To insure all other transactions of personal data, the Application uses a technology called SSL (Secure Socket Layer). SSL encrypts all communications between The User’s computer or mobile device and our server so that the information can only be read and understood by us.

User access to the application is protected by:

  • 2 factor authentication
  • Biometric login
  • Malicious attack security with appropriate validation of input and parameters
  • Data encryption
INTELLECTUAL PROPERTY RIGHTS
The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit The User to use the Application for The User’s personal, non-commercial use only. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Application, except as follows:

The User may download only a single copy of the application to their mobile device solely for their own personal, non-commercial use, provided The User agrees to be bound by our end user license agreement for such applications. If we provide social media features with certain content, The User may take such actions as are enabled by such features.

The User must not:

  • Modify copies of any materials from this site.
  • Republish any part of the Application on another Application, in any other medium (print, electronic or otherwise) or as part of any commercial service.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • No right, title or interest in or to the Application or any content on the site is transferred to The User, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
The Company’s names, brand names, the Company’s logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. The User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.
PROHIBITED USES
The User may use the Application only for lawful purposes and in accordance with these Terms of Use. The User agrees not to use the Application:

  • In any way that violates any applicable federal, local or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance The User places on such information is strictly at The User’s own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by The User or any other visitor to the Application, or by anyone who may be informed of any of its contents. FIVE Owner reserves the absolute right, without any liability whatsoever, to amend, vary or extend at any time the completion date of its projects, inter alia the estimated/scheduled completion date(s) mentioned on or through the Application. Unit finance stats are subject to change(s) as required by our compliance, finance, and audit teams due to:

  • Human error
  • System error
  • Change in contractual obligations
  • Change in accounting methods
  • Rebates, refund

Stats may differ by up to 3% from the actual payout received by the owner due to the reasons mentioned above.

UPDATE OF THE APPLICATION
We may update the content of the Application from time to time, but its content is not necessarily complete or up-to-date. Any material of the Application may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT THE USERAND THE USER VISITS TO THE APPLICATION
All information we collect on this Application is subject to our Privacy Policy. By using the Application, The User consents to all actions taken by us with respect to The User’s information in compliance with the Privacy Policy.
OTHER TERMS OF USE
Additional Terms of Use may also apply to specific portions, services or features of the Application. All such additional Terms of Use are hereby incorporated by this reference into these Terms of Use.
LINKS FROM THE APPLICATION
The User understands that we cannot and do not guarantee or warrant that the Application will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy The User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data.
DISCLAIMER OF WARRANTIES
The User understands that we cannot and do not guarantee or warrant that the Application will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy The User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data.
SECURITY AND UNAUTHORIZED ACCESS:
1. User Responsibilities: The User acknowledges and agrees to take full responsibility for maintaining the security of their mobile device and any credentials associated with the use of the Mobile Application. This includes but is not limited to passwords, biometric authentication, and any other means of access control.

2. Prohibited Activities: The User agrees not to engage in any activities that may compromise the security or integrity of the Mobile Application, including but not limited to:  
a. Attempting to gain unauthorized access to the Mobile Application or its associated systems.
b. Introducing viruses, malware, or any other malicious code.  
c. Reverse engineering, decompiling, or otherwise attempting to extract the source code of the Mobile Application.  
d. Tampering with or circumventing any security measures implemented within the Mobile Application.

3. Reporting Security Incidents: In the event that the User becomes aware of any security incidents or vulnerabilities related to the Mobile Application, the User agrees to promptly report such incidents to the Application Provider.

4. No Liability for Unauthorized Access: The Application Provider shall not be liable for any damages, losses, or consequences resulting from unauthorized access to the Mobile Application or the User's data, except where such access is directly attributable to the negligence or misconduct of the Application Provider.

5. Security Measures: The Application Provider shall employ reasonable security measures to protect the Mobile Application and the User's data from unauthorized access, including encryption, access controls, and regular security assessments. However, the User acknowledges that no system can be completely secure, and the Application Provider cannot guarantee absolute protection against all threats.

6. Updates and Patches: The User agrees to promptly install any updates or patches provided by the Application Provider to address security vulnerabilities or other issues. Failure to do so may expose the User to increased risk of unauthorized access or other security threats.

7. Indemnification: The User agrees to indemnify and hold harmless the Application Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses arising out of or related to the User's breach of this Security and Unauthorized Access provision.

8. Termination of Access: The Application Provider reserves the right to terminate or suspend the User's access to the Mobile Application at any time, without prior notice, if the User is found to be in violation of this Security and Unauthorized Access provision or any other Terms of Use governing the use of the Mobile Application.

By downloading, installing, or using the Mobile Application, the User acknowledges that they have read, understood, and agreed to be bound by the terms of this Security and Unauthorized Access provision.

The User’s use of the application, its content and any services or items obtained through the application is at The User’s own risk. The application, its content and any services or items obtained through the application are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the application. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the application, its content or any services or items obtained through the application will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the application or any services will otherwise meet The User’s needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of non-infringement. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATION ON LIABILITY
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with use, or inability to use, the application, any applications linked to it, any content on the application or such other applications or any services or items obtained through the application or such other applications, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law
INDEMNIFICATION
The User agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to The User’s violation of these Terms of Use or of the Application and, any use of the Application’s content, services and products other than as expressly authorized in these Terms of Use or theuse of any information obtained from the Application.

In addition, The Company shall be indemnified and held harmless against any liabilities, damages, costs, and expenses arising from or in connection with a data breach or hack resulting in the unauthorized disclosure of user data to third parties or its publication in the public domain.
GOVERNING LAW AND JURISDICTION
All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the courts of Dubai, United Arab Emirates although we retain the right to bring any suit, action or proceeding against The User for breach of these Terms of Use in place or country of residence or any other relevant country. The User waives any and all objections to the exercise of jurisdiction over The User by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim The User may have arising out of or relating to these terms of use or the application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use, our Privacy Policy, and the Holiday Home Agreement constitute the sole and entire agreement between The User and the Company with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Application.
THE USER COMMENTS AND CONCERNS
This Application is operated and owned by the Company. In respect of requests for technical support and other communications relating to the Application, The User can contact us by using our Application contact form, or by emailing us at legal@fiveglobalholdings.com. For feedback or suggestions, please contact us through the "help and support” section on the Application. The User understands and accept that by using this Application in updating, changing or altering The User’s personal information, address(es) or contact details, The User accepts that the Company or any of its affiliates may, at their discretion, use such information as an alternative information to send legal notices under these Terms of Use or the Property Agreement. It is The User’s obligation to immediately inform the Company of any changes to such information.
MARKETING CLAUSE:
If The User chooses to receive push notifications through this app, The User hereby consent to be presented with marketing communications throughout The User’s app session. These communications may be delivered through various channels, including normal push notifications, SMS, email, and WhatsApp. They may encompass promotional offers, product announcements, surveys, and other marketing materials.

Furthermore, by opting in to receive notifications via email and SMS, The User consents to receive periodic updates, and relevant information about our products and services through these specific channels.

The User acknowledge that the frequency of these communications may vary and that The User can manage thecommunication preferences within the app settings at any time. However, please note that opting out of marketing communications may result in missing out on valuable offers and updates.

We respect The User’s privacy and will handle The User’s personal information in accordance with our Privacy Policy. The User consents to receive marketing communications is voluntary, and The User can withdraw it at any time by adjusting The User notification preferences within the app or by contacting our customer support team.

By continuing to use the app and opting in to receive marketing communications, The User agrees to be bound by these Terms of Use.
MISCELLANEOUS GENERAL CONSIDERATIONS:
User’s bookings are subject to change or cancellation, as required by the business, by providing the owner a minimum of 48 hours' notice.

The Company reserves the right to decline an owner's booking without citing a reason.
MOBILE APPLICATION SECURITY PROVISIONS
1. Introduction:
Our mobile application is committed to ensuring the security and privacy of user data. This security policy outlines the measures implemented to protect user information and maintain the integrity of our application

2. Security Objectives: Our primary security objectives include:

  • Protecting user data from unauthorized access or disclosure.
  • Ensuring the confidentiality, integrity, and availability of data.
  • Mitigating risks associated with cyber threats and attacks.

3. User Authentication and Authorization:

  • Users must authenticate using strong passwords, two-factor authentication (2FA), or biometric methods.
  • Access to sensitive features and data is restricted based on user roles and permissions.

4. Data Encryption:

  • All sensitive data stored on the device is encrypted using industry-standard algorithms.
  • Data transmitted between the mobile application and backend servers is encrypted using HTTPS/TLS protocols with SSL certificates issued by a trusted Certificate Authority.

5. Secure Communication:

  • Secure communication channels, established through HTTPS/TLS protocols, prevent interception and tampering of data during transmission.
  • SSL certificates are regularly renewed and validated to maintain the integrity of the communication channel.

6. Virtual Private Cloud (VPC) Implementation:

  • Backend services and databases are hosted within a virtual private cloud (VPC) environment.
  • Access to resources within the VPC is restricted using network security groups and access control lists (ACLs) to minimize exposure to the public internet.
  • VPC peering or VPN connections are utilized to establish secure communication between the mobile application and backend services hosted within the VPC.

7. Server-Side Security Measures:

  • DDoS attack prevention mechanisms, such as using a load balancer, are implemented to distribute incoming traffic and mitigate the impact of DDoS attacks.
  • Rate limiting controls are enforced to prevent abuse of application resources and protect against brute-force attacks.

8. Data Protection and Privacy:

  • User data is collected, processed, and stored in compliance with applicable privacy regulations.
  • User consent is obtained for data collection and processing activities.
  • Anonymization and pseudonymization techniques are employed to protect user privacy where appropriate.
  • Sensitive data, including personally identifiable information (PII) and financial data, is encrypted using strong encryption methods such as AES-256 or RSA.
  • Encryption keys are securely managed and stored to prevent unauthorized access to encrypted data.

9. Security Updates and Patch Management:

  • Regular security updates and patches are applied to the mobile application and backend infrastructure.
  • Vulnerability scanning and monitoring systems are utilized to detect and address security vulnerabilities promptly.