Terms and Conditions

• Legal name: Property Banana Tech FZ-LLC
• Licence: Dubai Development Authority (DDA) Licence No. 107305
• Registered address: in5 Tech, Dubai Internet City, Dubai, United Arab Emirates
• Email: support@propertybanana.com
• Website: propertybanana.com

• "Brokerage" means a real estate brokerage licensed by the Real Estate Regulatory Agency (RERA) in Dubai, or by the equivalent competent authority in another emirate, that has entered into an agreement with Property Banana to use the Platform.
• "Landlord" means the owner of a Property, or a person lawfully authorised to lease it.
• "Tenant" means a person who enters into, or applies to enter into, a Tenancy Contract for a Property listed on the Platform.
• "User", "you" means any person who accesses or uses the Platform, including Tenants, Landlords, Brokerages and their staff, and visitors.
• "Property" means a residential unit listed on the Platform by or through a Brokerage.
• "Tenancy Contract" means the lease agreement between a Landlord and a Tenant in respect of a Property.
• "Platform Fee" means the fee payable to Property Banana as set out in section 10.
• "UAE PASS" means the national digital identity and digital signature system of the United Arab Emirates.
• "Ejari" means the tenancy contract registration system administered by the Dubai Land Department.

3.1 Eligibility

You must be at least 18 years old and have full legal capacity to enter into a binding contract. If you use the Platform on behalf of a company or brokerage, you confirm that you have authority to bind that entity, and "you" includes that entity.

3.2 Account registration

You must provide accurate, current and complete information when you register and keep it up to date. You are responsible for all activity that occurs under your account.

3.3 Account security

Keep your login credentials confidential. Do not share your account or allow anyone else to use it. Notify us immediately at support@propertybanana.com if you suspect unauthorised access.

3.4 One account per person

You may hold only one Tenant account. We may refuse registration, or suspend or close an account, where we reasonably believe these Terms have been breached or the account is being used fraudulently.

4.1 We are a technology provider

Property Banana provides software infrastructure that allows licensed Brokerages, Landlords and Tenants to complete a residential tenancy digitally, including verified listings, self-booked viewings, smart lock property access, digital offers, electronic signature via UAE PASS, payment collection, and submission of tenancy data for Ejari registration.

4.2 We are not a real estate broker or agent

Property Banana is not licensed by RERA and does not carry out real estate brokerage activity. We do not act as agent for any Landlord, Tenant or Brokerage. We do not take direct listings from Landlords. Every Property on the Platform is introduced and represented by a RERA-licensed Brokerage, which owns and retains the client relationship and is solely responsible for the brokerage services it provides.

4.3 We are not a party to the Tenancy Contract

The Tenancy Contract is concluded between the Landlord and the Tenant. Property Banana is not a party to it, does not guarantee its performance by either party, and has no obligations or liability under it. We provide the tools used to negotiate, sign, register and pay. We do not lease property.

4.4 We are not a payment institution, escrow agent or lender

Property Banana does not hold client money, does not operate an escrow account and does not provide credit. Payments made through the Platform are processed by a licensed third-party payment service provider and settle into the account of the relevant Brokerage or Landlord, not into an account controlled by Property Banana. Our own fees are invoiced and collected separately, as set out in section 10.

4.5 We do not give legal, financial, tax or valuation advice

Nothing on the Platform is legal, financial, tax, investment or property valuation advice. Rent figures, market data, indicative ranges and templates are provided for general information only. You should take your own professional advice before entering into any tenancy.

4.6 We do not verify every fact about a Property

Listing content, including descriptions, photographs, floor areas, rent, availability, permitted use, service charge position and title information, is provided by the Brokerage or Landlord. We take reasonable steps to require accuracy, including requiring listings to be tied to a licensed Brokerage, but we do not independently inspect, survey or verify every Property or every statement made about it. You are responsible for satisfying yourself about a Property before you commit to it.

To use core features of the Platform, you must verify your identity. We may require you to authenticate through UAE PASS, to upload identity documents, or both.

• You confirm that all identity information and documents you provide are genuine, accurate, current and relate to you.
• Providing false, forged or another person's identity information is a serious breach of these Terms and may constitute a criminal offence under UAE law. We will suspend the account and may report the matter to the competent authorities.
• Your use of UAE PASS is also governed by the terms and privacy notice published by the operator of UAE PASS. We are an approved UAE PASS Service Provider, but we do not operate UAE PASS and we are not responsible for its availability, performance or decisions.
• We may decline to verify you, or may re-run verification at any time, where we have reasonable grounds to do so.

6.1 Who may list

Only a Brokerage with a valid RERA licence and a valid listing permit may publish a Property on the Platform, and only where it holds a valid, current authority from the Landlord to market that Property.

6.2 Brokerage warranties

By publishing a listing, the Brokerage warrants that it holds a valid RERA licence and BRN, that it has written authority from the Landlord, that the listing complies with all applicable Dubai Land Department and RERA advertising and permit requirements, that the listing content is accurate and not misleading, and that it owns or is licensed to use all images and content it uploads.

6.3 Our rights over listings

We may edit, suspend, reject or remove any listing at our discretion, including where we believe it is inaccurate, duplicated, misleading, unlawful, or in breach of these Terms. We are not obliged to publish any listing.

6.4 Availability

A listing is an invitation to enquire. It is not an offer capable of acceptance, and it does not guarantee that the Property is available, that the stated rent will be accepted, or that a Landlord will agree to lease to you.

7.1 Booking

You may book viewings through the Platform, subject to availability. Viewing slots are confirmed by the Brokerage or Landlord and may be changed or cancelled.

7.2 Smart lock access

Where a Property is fitted with a smart lock, we may issue you a time-limited access credential for a confirmed viewing. That credential is personal to you, valid only for the confirmed slot, and must not be shared, copied or transferred.

7.3 Your obligations during a viewing

• Attend only within your confirmed slot, and leave the Property secured on departure.
• Do not bring any person who is not registered on the booking, unless the Brokerage has agreed in advance.
• Do not remove, damage, alter or interfere with anything in or about the Property.
• Do not photograph or record the interior without permission, or in a way that captures other occupants.
• Comply with any building rules and with all reasonable instructions from the Brokerage or Landlord.
• Do not attempt to access any Property, or any part of a Property, that you have not been authorised to access.

7.4 Access logging

Smart lock use is logged. Access records may be used to confirm attendance, to resolve disputes, to investigate incidents, and to support any claim by a Landlord.

7.5 Responsibility for loss or damage

You are responsible for any loss or damage caused by you, or by any person you allow into a Property, during or as a result of a viewing. Property Banana does not accept responsibility for the condition or safety of any Property, which remains the responsibility of the Landlord.

7.6 Unaccompanied viewings

You acknowledge that a viewing arranged through the Platform may be unaccompanied. You attend at your own risk and are responsible for your own personal safety and belongings.

An offer submitted through the Platform is an expression of the terms on which you are willing to lease. It is not binding on the Landlord, who is free to accept it, reject it, counter it, or accept a different offer, and is not obliged to give reasons.

Once a Landlord accepts an offer, you are expected to proceed in good faith to signature, payment and Ejari registration within the timescales indicated on the Platform. We may suspend an account where a User repeatedly submits offers and does not proceed.

An accepted offer does not itself create a tenancy. A tenancy arises only when the Tenancy Contract is validly executed by both parties.

The Platform allows a Tenancy Contract and related documents to be signed electronically, including using UAE PASS.

• You agree to contract electronically and accept that an electronic signature applied through the Platform is intended to have the same effect as a handwritten signature, in accordance with UAE Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services and Cabinet Decision No. 28 of 2023.
• You are responsible for reading a document in full before you sign it. We do not check the commercial terms of any Tenancy Contract on your behalf.
• The content of the Tenancy Contract is agreed between the Landlord and the Tenant, with the assistance of the Brokerage. Any template or suggested wording made available through the Platform is provided for convenience only and is not legal advice. You should take your own legal advice before signing.
• We do not warrant that any particular document, or any electronic signature applied to it, will be accepted by any third party, court, government authority or registration system, or that it satisfies every formality that may apply to real estate transactions under UAE law. Where a wet-ink signature, notarisation, attestation or other formality is required, it is the responsibility of the parties and the Brokerage to obtain it.
• We store the signed document and a signature audit trail, and make them available to the parties through the Platform.

10.1 No charge to Tenants for use of the Platform

Property Banana does not charge Tenants a fee for browsing, registering, booking viewings, making offers or signing through the Platform.

10.2 Brokerage commission

Any agency commission payable in connection with a tenancy is payable by the Tenant to the Brokerage, under a separate agreement between the Tenant and that Brokerage, at the market standard commission rate applicable in the relevant market. Property Banana is not a party to that arrangement, does not set the commission rate, and does not receive commission.

10.3 Platform Fee

Property Banana charges the Brokerage a business-to-business technology and transaction-processing fee equal to 1% of the annual rental amount of each completed Tenancy Contract facilitated through the Platform, unless otherwise agreed in writing with that Brokerage. The Platform Fee is a fee for the use of software and processing services. It is not commission and is not consideration for any brokerage activity.

10.4 Payments through the Platform

Where the Platform is used to collect rent, deposits or agency fees, those amounts are processed by a licensed third-party payment service provider and settle into the account of the relevant Brokerage or Landlord. Property Banana does not hold, control or have title to those funds at any point.

10.5 Price transparency

Before you confirm any payment through the Platform, you will be shown the total amount payable, the currency, what the payment is for, and who will receive it. You should not make any payment in connection with a Property other than through the Platform or directly to the Brokerage against a valid receipt.

10.6 Taxes

All fees are stated exclusive of VAT and any other applicable taxes and duties, which will be added where chargeable at the prevailing rate.

10.7 Refunds

Refunds of rent, deposits or agency fees are a matter between the Tenant, the Landlord and the Brokerage, and are governed by the Tenancy Contract and applicable law. Where we have processed a payment on behalf of a Brokerage, we will process a refund on receipt of the Brokerage's instruction. Where a payment fails, is duplicated, or is taken in error by reason of a fault in the Platform, we will arrange for it to be reversed or refunded promptly.

10.8 Fraud prevention

We may delay, decline or reverse a payment, and may suspend an account, where we have reasonable grounds to suspect fraud, money laundering or other unlawful activity, or where required to do so by a payment provider, a regulator or the law.

Registration of a Tenancy Contract with Ejari is a legal requirement in Dubai. Where the Platform supports Ejari submission, we will transmit the tenancy data and documents provided to us to the relevant system.

You acknowledge that registration is granted by the Dubai Land Department and not by Property Banana. We are not responsible for delays, rejections or errors arising from incorrect or incomplete information supplied by a User, a Brokerage or a Landlord, from the unavailability of a government system, or from any decision of a government authority. The obligation to ensure a tenancy is properly registered rests with the parties to the Tenancy Contract.

You must not:

• use the Platform for any unlawful purpose, or in breach of any UAE law, including the Cybercrimes Law and real estate advertising and licensing rules;
• provide false, misleading or fraudulent information, or impersonate any person or entity;
• list a Property you are not authorised to market, or publish a listing without a valid permit;
• circumvent the Platform to avoid the Platform Fee, or induce another User to transact off-platform in order to do so;
• scrape, harvest, copy, index or extract data from the Platform by automated means without our written permission;
• reverse engineer, decompile or attempt to derive the source code of any part of the Platform, except to the extent this restriction cannot lawfully be excluded;
• introduce malware, attempt to gain unauthorised access to the Platform or its infrastructure, or interfere with its operation or security;
• upload content that is defamatory, obscene, discriminatory, harassing, or that infringes the rights of any person;
• use the Platform to send unsolicited marketing to other Users; or
• resell, sublicense or make the Platform available to any third party except as expressly permitted.

We may investigate any suspected breach and may suspend or terminate access, remove content, and report the matter to the competent authorities.

The Platform, including its software, source code, design, user interface, database structure, workflows, documentation, and the Property Banana name and logo, is owned by Property Banana or its licensors and is protected by intellectual property law. Nothing in these Terms transfers any ownership to you.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose, in accordance with these Terms.

Where you upload content, including listing text, photographs, floor plans and documents, you retain ownership of it and you grant Property Banana a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, adapt for formatting purposes, and display that content for the purpose of operating and promoting the Platform and the listing. You warrant that you have the rights necessary to grant that licence.

You may provide us with feedback or suggestions. We may use them freely and without obligation to you.

We aim to keep the Platform available but we do not guarantee uninterrupted or error-free operation. We may suspend access for maintenance, upgrades, security or operational reasons, and will give reasonable notice where practicable.

The Platform depends on third-party services and systems that we do not control, including UAE PASS, the Dubai Land Department and Ejari systems, payment processors, smart lock hardware and connectivity providers, telecommunications networks and cloud infrastructure. We are not responsible for the availability, performance, accuracy or decisions of those services, but we will use reasonable efforts to restore service and to keep you informed of any material disruption.

We may add, change, suspend or withdraw features of the Platform. We will not make a change that materially reduces the functionality you rely on without giving reasonable notice.

15.1 Nothing excluded that cannot be excluded

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under the laws of the United Arab Emirates, including under Federal Law No. 15 of 2020 on Consumer Protection and its Executive Regulations. Where any provision of this section would be void or unenforceable under that legislation, it applies only to the extent permitted and the remainder of these Terms is unaffected.

15.2 The Platform is provided as a tool

Except as expressly stated in these Terms, and subject to section 15.1, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will meet your requirements, that it will be uninterrupted or error-free, or that any listing, Property, Landlord, Tenant or Brokerage is suitable for you.

15.3 We are not liable for the acts of other Users

Subject to section 15.1, we are not liable for the acts, omissions, defaults or breaches of any Landlord, Tenant, Brokerage or other User, including any failure to complete a tenancy, any misrepresentation about a Property, any dispute about rent, deposit, condition or repair, or any breach of a Tenancy Contract.

15.4 Excluded losses

Subject to section 15.1, we are not liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of opportunity, loss of goodwill, or any indirect or consequential loss, however arising.

15.5 Financial cap

Subject to section 15.1, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Platform, whether in contract, tort, breach of statutory duty or otherwise, is limited as follows:

• for a Tenant: to AED 5,000; and
• for a Brokerage or Landlord: to the total Platform Fees paid or payable to us in respect of that party in the 12 months preceding the event giving rise to the claim, or AED 25,000 if greater.

15.6 Your indemnity

You will indemnify Property Banana against any loss, damage, cost, claim or expense (including reasonable legal fees) arising from your breach of these Terms, your violation of any law, your infringement of a third party's rights, or any content you upload. This section does not apply to a consumer Tenant except in respect of fraudulent or deliberately unlawful conduct.

You may close your account at any time through the Platform or by emailing support@propertybanana.com.

We may suspend or terminate your access, on notice where practicable and immediately where necessary, if you materially breach these Terms, if we reasonably suspect fraud or unlawful activity, if required by law or a competent authority, or if we cease to operate the Platform.

Termination does not affect any Tenancy Contract already concluded, any accrued rights or liabilities of either party, or any provision of these Terms intended to survive, including sections 4, 13, 15, 16, 18 and 19. We will retain data after termination in accordance with our Privacy Policy.

We process personal data in accordance with our Privacy Policy, which forms part of these Terms and is available at propertybanana.com. Where you are a Brokerage or Landlord and you receive personal data of Tenants through the Platform, you act as an independent controller of that data and are responsible for your own compliance with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data, including having a lawful basis for your processing and honouring data subject rights.

If you have a complaint, contact us first at support@propertybanana.com with a clear description of the issue and what you would like us to do. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.

Disputes about a tenancy itself, including rent, deposit, eviction, renewal and rent increase, fall within the jurisdiction of the Rental Disputes Settlement Centre in Dubai. Disputes about the conduct of a Brokerage may be raised with RERA. We will provide relevant records to a User or an authority on a valid request.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai.

The courts of Dubai have exclusive jurisdiction, save that disputes falling within the jurisdiction of the Rental Disputes Settlement Centre or another specialist tribunal will be determined by that body.

We may amend these Terms from time to time. Where a change is material, we will give you at least 14 days' notice by email or through the Platform before it takes effect, and will update the "Last updated" date above. If you do not accept a material change, you may close your account before it takes effect. Continuing to use the Platform after the effective date means you accept the amended Terms. Changes will not apply retrospectively to a transaction already completed.

• Entire agreement. These Terms and the Privacy Policy, together with any written agreement between us and a Brokerage, are the entire agreement between us in relation to the Platform.
• Severability. If any provision is held invalid or unenforceable, it is severed and the remainder continues in force.
• No waiver. A failure or delay in enforcing any right is not a waiver of it.
• Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer ours on notice to you, including as part of a corporate transaction.
• No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.
• Third parties. No person other than you and us has any right to enforce these Terms.
• Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including government action, failure of a government system, power or telecommunications failure, cyber attack, natural disaster, epidemic or civil disturbance.
• Language. These Terms are issued in English. If we publish an Arabic translation and there is a conflict, the Arabic version prevails to the extent required by UAE law.
• Notices. We may give notice by email to the address on your account, or through the Platform. You should give notice to support@propertybanana.com.

• All enquiries, legal notices and complaints: support@propertybanana.com
• Post: Property Banana Tech FZ-LLC, in5 Tech, Dubai Internet City, Dubai, United Arab Emirates