Terms & Condition
Our Platform (as defined below) belongs to THE LENDING TREE COMMERCIAL BROKERS L.L.C (“us”, “we”, “our” and/or “TheLendingTree”) – a company incorporated in the United Arab Emirates and having its registered address at The One Tower, Sheikh Zayed Road- Barsha Heights 30th Floor – Office No. 3006, Dubai – UAE and is authorized and regulated by the Dubai Economy and Tourism Department.
Your use of our Platform to seek or benefit from a Service from us or for any other use shall be governed by these terms and conditions (“Terms and Conditions”). It is your responsibility to review these Terms and Conditions. By choosing to use our Platform or the Services, you are agreeing to these Terms and Conditions in full.
You are not allowed to use and shall immediately discontinue your use of our Platform or the Services if:
- you use our Platform in any way that breaches any applicable local, national or international law or regulation, and/or
- if you do not agree to these Terms and Conditions in full.
1. INTRODUCTION
1.1 Definitions
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- Buyers: home, property, and/or real estate buyers who create an account on our Platform for the purpose of receiving the Services
- Data: any information and data you share with us through the Platform
- Platform: the platform we provide so you can avail the Services
- Product: any third-party product or service that we display on our Platform
- Quote: rate provided by a Service Provider to compare with other quotes on the basis of the information provided by the Buyer
- Services: see clauses 2 & 5
- Provider: any financial institution legally authorized to provide mortgage services to the client
- You/Your: any person who accesses and uses our Platform
1.2 Third-party Terms and Conditions
Additional terms and conditions from third-parties and Service Providers are necessary for some aspects of our Platform or the Services. Before using a service, it is your obligation to comprehend the terms and conditions of the service provider. The terms and conditions may vary from one service provider to the next and may change without giving you prior notice. Any such third-party and/or Service Provider shall have the right to impose such terms and conditions against you, and they shall form an integral part of these Terms and Conditions.
1.3 License to Use
In accordance with these Terms and Conditions (subject to the rest of the information), we now grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform. However, we reserve the right to withdraw any or all of these permissions at any time.
1.4 Lawful Purposes.
You agree to use our Platform and/or Services solely for legal purposes and in a way that does not violate the rights of any third-party nor restricts or inhibits such third-party, Buyer or Service Provider’s use of our Platform and Services.
1.5 Certain Restrictions.
The rights granted to you under these Terms and Conditions are subject to the following restrictions:
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- You are not allowed to attempt to learn our source code, other formulas, or processes in relation to the components supporting the infrastructure and procedures associated with our Platform and/or Services through reverse engineering, reverse assembly, decompilation, or any other method.
- You are not allowed to copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from our Platform and/or Services by any means without our prior written permission.
- The Terms and Conditions stated herein (or an amended version of the same) apply to any future release, update, or addition to functionality of our Platform and/or Services.
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1.6 Modifications.
You should regularly and periodically review these Terms and Conditions because we reserve the right, at any time and without prior notice to you, to suspend or terminate our Platform or the Services, in whole or in part, and delete any accounts associated therewith. We also reserve the right to amend or modify these Terms and Conditions to reflect changes in technology, payment methods, applicable laws and regulatory requirements, along with changes in our system’s capability.
1.7 No Support, Maintenance, or Protection.
We make every effort to guarantee that the services provided on our site are continually accessible. However, due to the nature of the Internet, we are unable to guarantee the availability of our site. We do not guarantee that our site’s operation, in whole or in part, will be available without interruption or error, that errors will be fixed, or that our site will be free of viruses or other dangerous elements. The use of our site or any portion of it being unavailable at any time for any reason will not subject us to liability for any loss, damage, expense, charges, delays, or other liabilities of any kind (including without limitation any financial losses). It is solely your responsibility to ensure that your device is adequately protected against such threats.
1.8 Term.
While you use our Platform and the Services, these Terms and Conditions will always be valid. Without limiting the generality of the aforementioned, these Terms and Conditions (as they may be updated from time to time) will be applicable and continue to be applicable each and every time you create an account with us, use or book a Service through our Platform, and/or access our Platform for any other reason.
1.9 Territory
This Platform is intended for use only by UAE residents. If you choose to use the Platform from locations outside the UAE, you do so at your sole risk.
2. SERVICE DESCRIPTION
TheLendingTree provides an online platform to connect Buyers with Service Providers. We do not offer any financial, investment, or other advice in relation to the Product or Service, nor provide a recommendation or endorsement of Service Providers. We do, however, recommend packages and/or products on our comparison page.
TheLendingTree’s platform offers Buyers an independent digitized mortgage rate that enables customers to look up and contrast mortgage rates provided by third-party service providers.
TheLendingTree’s platform allows the Buyers to apply for mortgage pre-approval from the selection of third party products, TheLendingTree will be capturing all the required personal and property information, including any documents, required to complete the mortgage application as required by the chosen service providers.
TheLendingTree at the disclosure and agreement of the Investor will work on obtaining a digital format of the mortgage pre-approval, pending being approved by the Service provider.
TheLendingTree platform is free for Buyers to use, however, TheLendingTree has the right to charge the Buyers for any services by raising a quotation upfront for the service being used. We receive a fee and/or commission from the Service Provider when the Buyer uses our Services to purchase their products. However, TheLendingTree has the right to charge the Buyers for any services by raising a quotation upfront for the service being used.
We are not providing an offer on behalf of the Service Provider to contract with you on those terms via provision of a quote. Alternatively, by submitting your details, you are making an offer to purchase the relevant product from the Service Provider on the terms set out. The contract will be concluded once your offer has been accepted.
3. CREATING AN ACCOUNT WITH US.
You must register for an account with us by finishing the necessary registration steps, being of legal age to form legally binding contracts, and being 21 years of age or older in order to access our Platform as a Buyer.
You are in charge of making sure the data you provide is accurate when opening an account with us. You are required to give all information in good faith. As of the date the information is provided, it must be true, accurate, and not misleading in all material aspects. Additionally, you should routinely review your information to ensure that the data we have for you is accurate. Accounts that are not truthful may result in an application not being accepted, and/or the account being removed or suspended at our discretion. If you incur charges, losses, or liabilities as a result of erroneous information, we won’t be responsible.
You must always be appropriate, truthful, and professional when using your account or communicating with others while using our Platform. You are subject to:
- comply with applicable laws, rules and regulations,
- not infringing on any intellectual or proprietary rights of any third-party,
- not endorsing, presenting, or promoting to a service provider any information that is untrue, false, or deceptive in any way (including, but not limited to impersonating or attempting to impersonate someone else), and
- not being offensive, illegal or inappropriate in any way.
Your username and password are unique to you and cannot be shared. You are responsible for all information and activity on our site by anyone using your username and password. As a result, you must take precautions to ensure the privacy of your username and password and notify us immediately if you become aware of any disclosure, loss, theft or unauthorized use. Notwithstanding the above, you:
- may not transfer or resell your username or password to any third-party; and
- agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your username or password or any possible breach of security, including loss, theft, or unauthorized disclosure of your username or password.
If you authorize an employee, sub-contractor or agent to use your login details, you will be responsible for their activity on our Platform. We reserve the right not to act on your instructions where we suspect that the person logged into your account is not you or we suspect illegal or fraudulent activity or unauthorized use.
You are responsible for all activity that occurs through your account (including but not limited to, any violations of clause 3 and 9). In case there is any doubt, you may not use the account of anyone else nor set-up more than one account for yourself (especially if your account has been suspended or deleted by us for any reason). We do not accept responsibility for any activity that occurs through your account.
We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.
4. SERVICE PROVIDERS.
We under no circumstances promise that any Service Provider’s services or data will be accurate, trustworthy, high-quality, readily available, or sustainable. The Buyers and the Service Providers are in charge of protecting themselves and their property (including any Data) at all times while using our Platform and the Services, and they should use prudence and good judgment when dealing with one another. A Buyer who has used a service provider’s offerings may be able to post good reviews for the provider using the available channels. If you have any complaints or comments on a Service Provider, you can send them to us via email at the address listed in these Terms and Conditions.
5. THE SERVICES.
TheLendingTree provides Buyers with the best mortgage product that matches with each Buyer’s profile. After selecting a preferred mortgage, the Buyers are able to view a payment breakdown of their mortgage and adjust their down payment or loan term if needed.
TheLendingTree facilitates the mortgage pre-approval stage by allowing Buyers to upload the necessary information on the Platform and submitting them to us. We will submit the profile and uploaded information to the selected Service Provider to analyze the application.
The Buyers will need to answer some queries on the Platform that help us provide all the necessary information to Service Providers. Which allows us to provide you with appropriate and timely quotes to compare and/or obtain formation relating to the Products and/or Services in which you are interested. Components of a Product and/or Service are determined by the answers you provide to these queries. Therefore, it is important that you answer all of the questions truthfully, completely and accurately and that you disclose all relevant facts.The Service and/or Product provided may no longer be valid if you fail to comply.
We supply the information you have given to the Service Providers for the purpose of comparing rates and requesting for a mortgage pre-approval.
You are responsible for identifying and correcting the information, content, material or data that has been provided before you obtain any Product from a Service Provider or apply for a mortgage pre-approval from our data. If not, the Product or your mortgage pre-approval may no longer be valid.
In case of a successful mortgage pre-approval application, you will receive a:
- Digital pre-approval letter from the service provider; and
- notification to arrange for property valuation with the Service Provider;
- Digital Final Offer Letter as per the property valuation
We display Products, rates, and prices on our Platform that are provided by third-parties over whom we have no control.
Before applying for any Product, it is your responsibility to be sure about the applicability, sufficiency and appropriateness of the Product for you. We advise you to seek independent professional advice before purchasing any Product referred to you on the Platform if you have any questions about its applicability, sufficiency, or appropriateness.
The Platform offers information on a variety of Products and Services, but there might be other options on the market that are not displayed and might be more suited or appropriate for you than the options provided.
6. EXCLUSIONS OF LIABILITY
We do not represent, guarantee or warranty the quality of the services provided by the third-party Service Providers nor their accountability.
We have no control nor responsibility whatsoever (including but not limited to any Data provided) for the Buyers and the Service Providers, as they are all independent contractors. You acknowledge to indemnify and hold us (affiliates, employees, and agents) harmless from any claims (including reasonable costs and attorneys’ fees) arising out of:
- your use of our Platform and the Services;
- your violation of these Terms and Conditions or any other terms or guidelines
- referred to herein (including third-party or Service Provider terms and conditions); or
- your violation of applicable laws and regulations.
You agree to fully cooperate with us in this regard and to refrain from resolving any dispute without first receiving our written approval. We retain the right to assume the exclusive defense and control of any matter for which you are required to indemnify us at your expense. As soon as we become aware of any such claim, action, or proceeding, we will make a reasonable attempt to tell you.
In case there is any doubt, TheLendingTree will not be responsible for any liability, cost, expense, loss or damage, whether for property or person, by injury or otherwise, caused by a Service Provider, Buyer on any other party, or any third-party for any reason whatsoever, including any Data disclosed by the Service Provider. You agree to indemnify and hold us harmless for any and all liability, damages, claims, costs, losses or expenses (including reasonable legal fees) incurred as a result of your action or inaction in relation to the Service or these Terms and Conditions, whether in the form of a suit, claim or similar action.
7. PAYMENT.
In general, payment for a Product will be made directly to the Service Provider when applying for that Product. TheLendingTree platform is free for Buyers to use. We receive a fee and/or commission from the Service Provider when the Buyer uses our Services to purchase their products. However, TheLendingTree has the right to charge the Buyers for any services by raising a quotation upfront for the service being used.
Any handling costs incurred by us or the relevant Service Provider associated with your Product may be charged to you. Such charges will always be disclosed to you before they are incurred. You receive the Service pursuant to these Terms and Conditions as well as the Service Provider’s terms and conditions, including but not limited to the Service Provider’s cancellation policy, payment terms, terms of liability etc. Any contract entered into will be between you and the Service Provider.
8. DATA SHARING.
All Data provided is kept secure and confidential as required by applicable law on our secure and encrypted Platform servers and systems. You understand and acknowledge that
- we may share your Data with Service Providers to enable them and us to provide you with Products and/or Services
- Service Providers are required to handle the Data as confidential and must not disclose it to third-parties except for the purpose of the Services it was intended. However, we are not responsible and shall not be held liable in the event any data is disclosed by the Service Providers to any third-party.
We may share your Data with other organizations in the following circumstances:
- if required by applicable law or a public authority
- to establish, exercise or defend our legal rights (this involves disclosing personal data to third-parties to prevent fraud and lower credit risk.)
- if any of our businesses or as well as any of our rights or duties under any contract we might have with you, are sold or transferred to an organization (or we enter into negotiations to sell or transfer). If the transfer or sale goes through, the company that receives your personal information may utilize it similarly to our usage; to any other successors in title to our business; or
- to anyone we transfer or may transfer our rights and duties under our agreement with you.
9. INTELLECTUAL PROPERTY.
You acknowledge that we and our suppliers (as applicable) are the sole owners of all intellectual property rights, including all trademarks, patents, and copyrights (collectively, “Intellectual Property”) in our Platform and its content. Nothing in these Terms and Conditions (nor your access to or use of our Platform or the Services) shall transfer to you or any third-party any rights, title, or interest in or to such Intellectual Property with the exception of the expressly stated limited access rights in section 1.3 above.
10. THIRD-PARTY SERVICES, LINKS & ADS AND OTHER USERS.
Our Platform may contain links, hyperlinks and pointers to third-party products, services, websites and/or platforms that are not affiliated with us and we have no control over the products, services, websites and/or platforms of these third-parties and we do not guarantee or take responsibility for them. Our Platform may also contain advertising from third-parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Your interactions with other Platform users and/or third-parties shall be solely between you and such other users and/or third-parties. We will not accept responsibility for any loss, damage, cost, expense or other liability having occurred as a result of any such interactions, including but not limited to those between Buyers and Service Providers. If there is a dispute between you and any other Platform user and/or third-party, we are under no obligation to become involved or defend the same.
Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of our Platform or the Services:
- harass or abuse other users and/or third-parties, whether by threatening, stalking, spamming, transmitting junk mail, chain mail and/or any other form of harassment and/or abuse;
- violate the privacy of other users and/or third-parties, either by infringing applicable privacy laws, soliciting personally identifiable information for the purposes of harassment, exploitation, commercial activities, promotional activities, or any other reason which is contrary to the reason such information was;
- unfairly interfere with any other user or third-party’s uninterrupted use and enjoyment of the Services and/or our Platform;
- upload or transmit viruses or other harmful, disruptive or destructive files; or
- disrupt, interfere with, or otherwise harm or violate the security of our Platform, system resources, accounts, passwords, servers or networks connected to or accessible through our Platform.
You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assignees (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of our Platform (including any and all interactions with, or act or omission of, other Platform users and/or Third-Party Services, Links & Ads).
11. DISCLAIMERS
Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. We make no warranty that our Platform or the Services will fulfill your needs or expectations, be timely, secure, error-free, accurate, or free of viruses or other harmful code, or that they will always be accurate, complete, legal, or safe. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content. We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
12. LIMITATION ON LIABILITY.
Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Platform (for any cause whatsoever and in any form of action) and/or the Services, shall be limited to fifty USD ($50.00). The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms and Conditions.
We will not be liable to you for any breach of these Terms and Conditions caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
These Terms and Conditions shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
13. TERM AND TERMINATION
Your use of the Platform and its Services subjects you to these Terms and Conditions (or an amended version of the same). We may suspend or terminate your rights to use our Platform or the Services at any time for any reason at our sole discretion. Any account you may have with us, as well as any right to use our Platform and/or reserve Services, will be immediately terminated upon the termination of your rights under these Terms and Conditions. In the event that your rights under these Terms and Conditions are terminated, we shall not be held responsible in any manner. The following clauses of these Terms and Conditions will remain in force even after your rights under them have ended: 6,8, 9, 10, 11, 12, 13, and 14.
14. GOVERNING LAW AND DISPUTE RESOLUTION.
These Terms and Conditions shall be governed and construed in accordance with the laws of Dubai, United Arab Emirates for the time being in force.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and Conditions shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach an amicable settlement shall cause the dispute to be referred to and finally settled by the Dubai courts.
15. GENERAL
Survival of Agreement: These Terms and Conditions will survive the termination of your account with us for a period of five (5) years from the date you last visited our Platform.
Electronic Communications: All communications between us and you will be in electronic form. For contractual purposes, you
- consent to receive communications from us in an electronic form and
- you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy.
- The foregoing does not affect any non-waivable rights.
Entire Terms: These Terms and Conditions, together with our privacy policy and cookies policy, constitute the entire agreement between us and you regarding the use of our Platform and the Services. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Any or all of the rights and limitations set forth in these Terms and Conditions may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of these Terms and Conditions. If any part or parts of these Terms and Conditions are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms and Conditions at our sole and absolute discretion. The terms and conditions set forth in these Terms and Conditions shall be binding upon assignees.
Copyright/Trademark Information Copyright © 2024. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on our Platform and in relation thereto are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
Contact If you have any questions about these Terms and Condition, or would like to contact us for any other reason, you can contact us:
- by post: The One Tower, Sheikh Zayed Road- Barsha Heights 30th Floor – Office No. 3006, Dubai – UAE
- by telephone: +971 4 447 7127
- by email: [email protected]
- Telephone calls that you make to our customer services helpline may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service helpline is available between Monday to Friday 9am and 5pm.