The website http: www.dubaisale.com (the "Website") is anelectronic commerce website owned, operated, and controlled by Web Capital FZ LLE having an address at www.webcapital.com(the "Company" or "Web Capital") andthe following Terms and Conditions (the "Terms") exhibit such terms which should be read and complied carefully by every visitor, member or user of this Website. Your usage of this Website signifies your unconditional assent to the following binding agreement. If you do not agree to these Terms or any part of it, then you are not permitted to use the Website. We can modify these Terms from time to time.
The terms "we", "our", "us" etc shall be used to denote the Company or the Website.
The term "User" shall mean and include any person or anylegal entity who has subscribed to the services of the Website to list and promote their products on the Website or to whom the license has been granted by the Website to access its services.
The term "Services" shall mean and include the interactive online services provided by the Website or any database maintained in relation thereto.
These Terms constitute a contractually binding agreement, between the Users and the Company, in relation to its use and access to the services, products, listings, graphics, product information and other materials supplied, offered or provided by the Website. These Terms shall be updated periodically and your continued use of the Website shall be a conclusive proof of your acceptance of such updated terms.
This Agreement shall operate between the individuals who are of contractually eligible age according to the prevailing laws of Dubai. If children below 18 year of age use or register on the Website, they may do so only with the absolute consent/guidance/involvement of parents/guardians/persons authorized with parental consent or through the registered accounts of parents/legal guardians/ persons authorized with parental consent. The Company shall not be responsible or liable for any loss/harm to such individuals who use the site without such consent or guidance.
The Company is aimed at providing leading services in the renting of various items which are listed on the Website through various owners/agents who may subscribe and list or offer any Productsthrough us. The scope of the Services is clearly defined in an advertising agreement concluded between the User and Web Capital (the "Advertising Agreement"). The Website may also provide forum for advertisements of the properties through affiliated group websites. The agents will also be able to list their products with us via third party CRM websites.
All the payments to be made to the Company shall be on an upfront advance basis. Any paid services will be offered by the Company only after payment for the same has been made.
Since the payments are transacted by a third-party server, upon the completion the online payment transaction, the credit information of the user is not available to any third party except to the Company. If any of payments is not made within the stipulated time as may be specified, the Company may without prejudice to any other rights or remedies available by virtue of this Agreement or by law, terminate or suspend the services provided to such User.
The fee for the Upgraded Account will be billed on the particular date, when the user elects to or convert to the Upgraded or renewed Account, monthly or yearly as the case may be unless terminated by the User or the Company. The Company will automatically use User's credit details for payment on the commencement date of your renewal period and for the related charges. You acknowledge and agree that such payment, paid monthly or annually, may vary in differential amounts which may include applicable tax charges, promotional offers and such other reasons for which you will be informed. The credit card details provided by the User should correspond to the name of the User. The User can also pay by cheque.
No fee or charge, once paid, is refundable or cancellable except for duplicate listings of the items on the Website by the same User and no credits shall be given for partially used periods. The Company does not guarantee the accuracy or timelines of any refunds reaching the account of the User within specified time if it is due to some technical or server error beyond the competence of the Company.
Web Capital reserves the right to cancel the Advertising Agreement at any time. If Web Capital cancel the Agreement in case of any insurgencies or in case of any unnatural circumstances which is beyond the reach of the scope of Web Capital, then Web Capital shall reimburse payments (or return cheques, if applicable) for the remaining advertising period, if any.
If we find out that any amounts you deposited are a result of a falsified transaction (e.g. using an unauthorised credit card transaction), the transaction will be cancelled immediately If any of these amounts have already been assigned against services provided, you are required to reimburse us for any loss that we may suffer on account of such transaction. Violation of this clause may compel us to terminate your account.We will at our own discretion limit your account if:
The Website may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the Website. If you want to use a different payment method or if there is a change in your credit card validity or expiration date or any other different credit details, you may edit your information by accessing your "Account" page. It is your responsibility to keep your contact information and payment information current and updated.
Web Capital complies with the UAE Anti Money Laundering laws. We shall not be responsible for any unlawful payments which violate the aforementioned laws. Upon accepting payments, we do not verify the source of the money nor investigate the payment transaction. The Website is a service oriented website which merely lists real estate properties.
The listings ordered by you will be made available on the Website for the period specified in the Advertising Agreement. Any listing or advertisements of any Productsincluding the product description, graphics attached, content, reviews, messages, files or financial and related information appended to it or posted on the Website shall be made available on the Website only when the necessary rights and authorizations including moral rights in such listings, from the present owner or attorney-holder of such products, have passed on to Users posting or making available such content. The Users agree to grant the non-exclusive, irrevocable, perpetual, royalty-free and sub-licensable right to use, copy, produce, publish, distribute and display such listings on its portal or Website. The Users shall also furnish particular and accurate details regarding the product information (for example, if the listing is related to any real estate products on sale then the title of the products, status of the products and such other details by swearing documents) that the Website may require. The Company may, in its discretion, remove and terminate accounts of such users whose products are listed in violation of this clause. The Website has sole discretion,in the manner consistent with the best commercial practice, to decide the method of access, removal, download of details, manner of listing, search, copying etc of the products listed on the Website or the method of retrieval from other shared websites. While the Company shall take all reasonable precautions for data backup of all the files, it shall be the duty of the owner or the agent or associated websites to maintain the details of the listings and the related information. The Company reserves the right refuse to share or display or modify or delete any listing information posted on the Website.
The User or any visitor shall agree to use any information obtained through the listings, directories or otherwise from the Website as the proprietary information of the Website and such information shall be maintained as trade secret, confidential, and proprietary to the Website. Any unauthorized use of the information obtained through the Website may be punishable by law.
The product listings whether posted as paid or unpaid content by the Company or any third partyare owned by Web Capital and are protected by laws and treaties around the world. The User is warned of placing absolute reliance on such information which is obtained through agents or owners or manufacturers and he should proceed with his individual investigation and evaluation and the Company disclaims any liability in regard to the same. The User agrees not to use, reproduce, copy, sublicense, lease, sale, duplicate or distribute or create derivative works, except for personal or non-commercial purpose, any such information maintained or displayed on the Website.
Any product listing, that requires payment through any mode, must be paid by the originator of such paid listings. Users wishing to post or offer such Products shall be directed to a third-party payment processing website where the payment shall be made and confirmation is received after which DubaiRentshall post such items for sale. DubaiSale reserves the right to increase listing rates and revised periodic payments after notification to the users. All payments, refunds and termination of Accounts will be made subject to these Terms. After termination of user accounts for any reason, the paid listings shall be displayed on the Website for such period as may be determined by the Company. You may further delete any such content before termination or cancellation of your account and the Company holds no liability for any such action.You acknowledge and agree that DubaiSale only acts as an intermediary in such transactions and that the Company is not liable for any perceived success or failure of such listing or for any warranty of fitness or merchantability or for any infringement of any third party rights.
Web Capital shall not be responsible for errors of third party payment processors. In case the Company does not receive the agreed payment in time, the Company will cancel the listing to which the payment relates with immediate effect.
You agree that the Company shall have the right to automatically and without notice renew your license to continue to use the Services upon expiration of your license period. You agree that if you elect to not permit the Company the right to automatically renew your license to use the Services or maintain your credit information on file, then the Company may terminate your license.
The Users agree that they shall be prohibited or restricted from doing any of the activities described below:
For such kind of content listed above, the Website is not responsible and such user holds the entire liability and responsibility whether the content is publicly or privately transmitted.
Users who post any information or content or listing on the Website for the purpose of renting of such products shall:
Unless explicitly allowed in the Terms, you may not: (i) copy content owned by the Company; (ii) distribute content owned by the Company; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on content owned by the Company; (iv) use, sale, loan, sub-license, lease, distribute or attempt to grant other rights to content owned by the Company to third parties.
The Website may contain or direct the Users to links of third-party or external websites which are provided for information purpose only. The Company does not endorse or advertise them and disclaims liability for any content or information available on suchwebsites. If you have any concerns, you should contact such website's administrator.
Except as otherwise expressly stated, all logos, brands, trade marks, service marks, trade designs, copyrights, design rights and other intellectual Products rights shall vest with the Company in all the content hosted by the Website. Any access to this Website does not confer upon any person or user any license or right to use in respect of these proprietary or intellectual rights belonging to DubaiSale.
The Website may contain trademarks protected by the law of the United Arab Emirates. Any infringement of such trademarks is punishable by law.
Any product information or content posted on the Website that violates any international, federal, national, local laws applicable in UAE shall not be posted or displayed through the Website. The Company is not responsible for any such content posted on the Website and any user or visitor is mandated to obey all such notices or orders which include a link and description to such alleged infringing material. If it comes to the knowledge of the Company that any content or information is posted in violation of this clause then it reserves the sole authority to investigate and terminate its services for such users.
The Website provides the content or material on an "as-is" basis without any kind of warranties or representation.
THEWEBSITE OR THE COMPANY DISCLAIMS ALL OR ANY CLAIM OR DISPUTE ARISING OUT OF THE USE OF WEBSITE OR ITS CONTENTS IN RELATION TO THE ACCURACY, RELIABILITY, FITNESS OR MERCHANTABILITY OF THE CONTENT, ANY EXPRESS OR IMPLIED STATUTORY WARRANTY OR GUARANTEE, PROTECTION FROM ANY PROPRIETARY OR INTELLECTUAL PRODUCTSINFRINGEMENT OR ANY MALICIOUS PROGRAM OR APPLICATION OR ANY KIND OF COMPUTER VIRUSES ETC. THE WEBSITE SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF, OR IN WAY CONNECTED WITH, THE USE OR INABILITY TO USE THE WEBSITE AND THE WEBSITE CONTENT, OR INABILITY TO ENTER INTO AN AGREEMENT FOR THE RENTING OF ANY PRODUCT LISTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT BY THE COMPANY.
In accordance with the UAE Federal Law no. 5 of 2012, the Company hereby informs you that the Website does not infringe any part of the Federal Law of the UAE. Furthermore, the Company warrants that the content of the Website complies with the UAE Federal Law no. 5 of 2012.
Without limitation, the User agrees to defend the Company from and against any and all claims, actions or demands brought by or against the Company with respect to User's violation of the rights of third parties. The User agrees to indemnify us from and against all damages, costs, and fees awarded in favor of such third parties, and the User will indemnify and hold the Company harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs resulting from the above claims. The Company does not ensure the accuracy or liability of the content published on the Website.
Any affected/aggrieved party and the Website or its directors or operators shall engage in conciliation to resolve any dispute arising out of the breach of any legal agreements published on the Website. In case of failure to resolve the disputes through the above mechanism, the parties shall resort to binding arbitration according to the arbitration laws of the UAE. The arbitrator, who shall be an independent and neutral party, shall be appointed with mutual consent of the parties. The seat of the Arbitration shall be located in Dubai.
You hereby agree and acknowledge that any communication made between you and the Company shall be done electronically in the manner prescribed and you shall not contest the validity or enforceability of such electronic communications.
These Terms shall be governed by the laws of Dubai, the UAE.
Notwithstanding any legal or regular practices under the governing law or any provision of these Terms, any obligation under the Terms shall continue to bind the users despite the termination of the agreement concluded on the basis of the Terms.
In case of any waiver of any of these Terms, it shall not be a continuing waiver or presumption of non-enforcement of that provision. If any of these Terms is held invalid or illegal or unenforceable by any of the laws or rules or regulations under the governing law or by the courts/arbitration tribunals, such provision shall be severed from the rest of the Terms and it shall not lead to deeming the entire document as illegal or unenforceable.
If any of the Terms contained in these Terms is rendered invalid/illegal or void by any Court of Law/Arbitration Tribunal or any enforcement agency, such holding shall not waive the Company's right to proceed against the user or any third party (who is bound by these Terms) with respect to breaches of the remaining or subsequent Terms. Such other Terms shall remain in force irrespective of striking down the invalid or illegal clause.
The Website or the Company may, in its sole discretion, and at any time restrict or terminate the use or access of any user, without limitation and notice, to the services and contents of the Website if any such user is found in violation or repeated violations of any of the clauses contained in this Agreement.
You can chose to close Account and do so any time by emailing us, providing that:
The Company is not obliged to permanently maintain the operation of the Website. We reserve the right to change any or all of the content published on the Website at any time without notice to expand, change, remove, or to entirely or to partially discontinue the operation of the Website without prior notice. Web Capital notes that, for technical reasons the accessibility of the Website may be limited, in particular due to necessary repair work and maintenance or technical issues.
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