[●] September 2021 (the “Effective Date”)
These Terms are effective between Emirates.Estate (“we” “us” “our”, the “Company”, as applicable) and you (“you” or the “User”). The term “Company” also refers to Emirates.Estate subsidiaries, employees, agents, affiliates or assigned parties.
If you are a company advertising on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement. However, you must read and accept these Terms, as they still apply in conjunction with any other agreement you enter into with the Company.
The following terms shall have the following meaning, except where the context otherwise requires:
- “Advertising Agreement” – an agreement for the provision of advertising services or products by the Company to the Client.
- “Ad Services Package” – the set of advertising products or services that the Company agrees to provide to the Customer, as stated in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package in accordance with these Terms and the terms of the Advertising Agreement.
- “Affiliates” – any company that is controlled or owned by Emirates.Estate, any company commonly controlled or owned by Emirates.Estate.
- “Emirates.Estate” – Emirates.Estate which is the owner of https://emirates.estate and whose registered office is Westburry Tower, Business Bay, Dubai, The United Arab Emirates.
- “Client” - the client entity that is party to the Advertising Agreement.
- “Customer” - any customer of the Client.
- “Effective Date” - the date set out at the top of these Terms.
- “Intellectual Property Rights” - all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
- “Material” - material and content published on the Website or otherwise provided by the Company in connection with the Service.
- “Product” - an online classifieds advertising platform provided on the Website and property advertising services.
- “Posting Agents” - a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
- “Registration Details” - the details a User must provide upon registering for the Website (for example: name, phone numbers, email address, and etc)
- “Service” - the provision of the Website and the Product.
- “Unacceptable” - any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
- illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
- in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol;
- harmful to the Company’s reputation.
- “User Material” – material and content posted on the Website by a User or otherwise provided to Emirates.Estate by a User in connection with the Website or the Service.
2. GENERAL TERMS AND CONDITIONS FOR USERS
- To register on the Website, The User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
- The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as “trade”, “dealer”, “agent”, “wholesale” or similar in the name of the advert they submit for publication.
- The User hereby warrants and represents to the Company that they are at least eighteen (18) years of age and are not legally prohibited to use the Website and enter into contracts.
- The Company may withdraw any Material or User Material from the Website without prior notice and refuse any User Material posted or provided to the Company by a User.
- The User gives the Company permission to use any information which they submit to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. The Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
- If the User does not wish the Company to use their information as set out in Clause 2.6 above, they must leave the Website before submitting their personal details.
- If the User does not want the Company to use their email address or any other contact details to send information concerning the Website and related matters, the User needs to send an email message to firstname.lastname@example.org and enter “Unsubscribe” as the subject heading of such message.
- The User is responsible for keeping confidential any user identification and password details set-up or given to them as part of our security procedures and must not disclose them to any third party.
- The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
- For the avoidance of doubt, the Company is providing a service not goods.
- The Company owns all Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained on the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Material displayed on the Website is protected by copyright as a collective work and/or compilation and is subject to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is not allowed. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is not allowed.
- The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.
- If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. You must include the following information in the notification and the request:
- a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;
- identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the Material;
- information sufficient to permit the Company to contact you (for example: an address, telephone number, and an electronic mail address);
- a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law;
- a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and
- a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- All notifications under Clauses 2.13 and 2.14 must be sent to email@example.com.
- Users can send comments to the Company email relating to the integrity and performance of other Users.
- The following restrictions shall apply to all Users. You must:
- not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner that does not comply with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system;
- not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
- use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;
- not use any automated software such as spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service and to view the Service without our consent, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually;
- not use the Service other than for your own personal use or as an agent listing property for sale and to rent;
- not copy any Material or reverse engineer any processes without the Company’s consent;
- not use any Service in any manner that is illegal, immoral or harmful to Emirates.Estate;
- not use any Service in breach of any policy or other notice on the Website;
- not remove or alter any copyright notices that appear on the Website;
- not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;
- not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;
- “stalk” or otherwise harass anyone;
- not collect personal data about other Users or entities for commercial or any unlawful purposes;
- not transmit any User Material that:
- harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- includes personal or identifying information about another person without that person's explicit consent;
- impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
- infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
- constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and
- includes links to commercial services or third-party websites, except as specifically allowed by the Company.
- By submitting User Material on the Website or otherwise, the User grants Emirates.Estate a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. Emirates.Estate will not pay the User any fees whatsoever for the User Material and reserves the right to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and/or authorisations in respect of the User Material necessary to grant Emirates.Estate these rights.
- The Company permits the User to post User Material on the Website in accordance with the Company’s terms provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.
- The Company grants you a limited, revocable, non-exclusive right to access and use the Service for personal use. This right does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specialises in classified listings including any subset of classified listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Clause 2.20 permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.
- The Company may use a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed in order to perform their functions, but may not use it for any other purpose. The Company does not have access to or retain any users payment information.
3. PAID POSTINGS
- The Company may charge a fee to post Material in some specific areas of the Service (“Paid Material”). The fee permits Paid Material to be posted in a designated area of the Website. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. The fees paid hereunder are non-refundable in case the Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).
4. POSTING AGENTS
- The use of Posting Agents, direct or indirect, is prohibited unless you get the written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service in order to post Material on behalf of others, except with express written permission or license from the Company.
5. NO SPAM POLICY
- You understand and agree that sending spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not to the Company addresses or through the Company computer systems are prohibited by these Terms.
- The Company shall not be liable for any:
- consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
- loss of profit;
- loss of business;
- loss of revenue;
- loss of or corruption to data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (actual as well as anticipated);
- harm to reputation or loss of goodwill;
- loss of anticipated savings, (in the cases of Clauses 6.1.2 to 6.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.
- The limitations at Clause 6.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.
- The limitations in Clause 6 shall apply to the fullest extent permitted by law. You acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
- Emirates.Estate takes all reasonable attempts to exclude viruses from the Website. However, the company cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.
- The Website includes information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and, as far as the law allows, and subject to Clause 6.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
- The Company strives to ensure that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. However, Emirates.Estate cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. The Company may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.
- The Company accepts no liability for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
- The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.
- The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
- The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User who is responsible for satisfying themselves prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for their purposes. A User in making any financial or other decision based on Material or other information on the Website accepts that they do so exclusively at their own risk and the Company shall have no liability in respect of the same.
- None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.
- The User agrees to defend, indemnify and hold harmless the Company and each of their subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the Website or the Service; (b) your breach of any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website and the Service.
8. PROPERTY FOR SALE AND PROPERTY FOR RENT CATEGORIES ON THE WEBSITE
- If you are listing a property on this Website, your responsibilities include the following:
- You ensure that you possess a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are advertising.
- If a project is off plan (under construction), it must be registered with RERA.
- If you are engaging in subleasing activities, you warrant that you possess a license for the activity of “Leasing and Management of Other People’s Property” from both Dubai Department of Economic Development (DED) and RERA.
- If you are engaging in short-term or holiday home leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
- As per the RERA regulations, you must obtain approval for every sale or leasing advertisement (located within or outside of Dubai) and display the RERA Permit Number, Office Registration Number and Broker Registration Number on all advertisements.
- You warrant that you possess a valid license from RERA, or its equivalent in the Emirate in which you are advertising.
- If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project.
- As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.
- Owners and Landlords
- You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorisation to list the property on the Website.
- If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
- You warrant that you possess valid, written consent from your Landlord before advertising on the Website, and that you are legally entitled to publish such advertisement.
- All Advertisers
- You may only advertise properties that are currently available for sale or to rent. It is at our discretion to remove any listings (advertising fees will not be refunded).
- You warrant that the property listing does not contain unlawful language or use of the premises, including:
- defamatory, misleading or deceptive statements;
- sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
- sharing of a property between unrelated members of the opposite sex;
- sharing of a property in any way that is deemed unlawful; and
- any other language that promotes illegal or immoral activities under the law of the UAE.
- If you are listing a property on any of the Website, your obligations are as follows:
- The Company’s advertisements include real properties for sale or rent. The Company is not a real estate brokerage and the details of the properties available on the Website are provided to us by third party brokers, landlords, owners or developers;
- The Company is not responsible for verifying the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness;
- You, the User of the Website, must conduct your own due diligence and must not rely on the details in the property listings;
- The Company does verify the RERA license number of all property broker companies prior to allowing them to advertise on the Website.
9. CALL RECORDING FOR REAL ESTATE BROKERS
- Some of the RERA licensed real estate brokers (Brokers) that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for customer service assessment and training purposes. By using the Services, you expressly agree to having your phone call recorded when you call a Broker in relation to property listings in the Property category of the Website and you agree that no further warning or consent is required.
10. ADVERTISING PACKAGES
- If you are a Client, Customer or any of their directors, employees, agents, contractors, sub-contractors or representatives, the following additional terms also apply to you:
- The Company may publish on the Website any information supplied or made available to the Company by or on behalf of the Client. The Client acknowledges and agrees that the Company shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.
- The Company may made operational changes to the Advertising Packages and individual products thereunder at any time. The Company will use reasonable endeavours to provide notification of material changes by posting a message on the Website or by informing the Client.
- The Company reserves the right to change and update its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if they accept the new terms and conditions. If you do not accept the changes, you must immediately discontinue your access to the Website and your use of the Service.
- If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
- The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer their rights or obligations under these Terms without the Company’s prior written consent.
- Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users to promptly update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
- The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
- Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
- These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and/or the Website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.
- These Terms shall inure to the benefit of and be binding upon each party's successors.
- If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.
- All website design, text, graphics, the selection and arrangement thereof are Copyright ©2021, Emirates.Estate, ALL RIGHTS RESERVED.