Effective Date: March 17, 2022
TERMS & CONDITIONS OF USE
We are AMLAK DIGITAL SPC LIMITED, a company incorporated in RAK ICC; UAE, formed as a Segregated Portfolio Company with limited liability (the “Company”) and its affiliates and subsidiaries (referred collectively with the Company “we” and/or “us” and/or “our”), we are the providers of this website.
In these terms and conditions of use, a reference to “you” and/or “your” is a reference to the user of this website and/or the services available through this website as further clarified below.
PLEASE VISIT THE RISKS WARNING AVAILABLE HERE.
SHOULD YOU DISAGREE WITH ANY THE TERMS AND CONDITIONS PROVIDED HEREUNDER AND ITS RELATED DOCUMENTS MENTIONED ABOVE DO NOT MARK “ACCEPT TERMS AND CONDITIONS OF USE”.
IF YOU DO NOT FULLY UNDERSTAND ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE, PLEASE CONTACT US.
YOU ARE ENCOURAGED TO MAINTAIN A COPY OF THESE TERMS AND CONDITIONS ALONG WITH THE ABOVEMENTIONED DOCUMENTS.
ARTICLE (1) TERMS ENFORCEMENT
- Any reference to the Site in these Terms includes a reference to the Services.
- These Terms enact and enforce binding provisions, obligations, rights, conditions and rules governing and constructing your relationship with us and your use of the Site, including the Services.
ARTICLE (2) OUR BUSINESS & SERVICES
- We are not real estate agent broker, lender, advisor or developer. We are listing properties owned by us and offered for sale directly by us.
- We do not, and the Services are not intended to, provide financial services.
- We are not financial or security service provider, we only make available technology-based tools connecting you with others in relation to digital assets and financial transactions regarding real estate, but not as the provider or processor of the transaction.
- You understand and agree that the Services may include advertisements and that these are necessary to support the Services. Providing that, in order to ease making the advertisements relevant and useful to you, advertisements may be based upon the information we collect through the Services and/or your use of the Site.
- We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that is taken based on the Services or any other information available through or in connection with the Services and/or the Site.
ARTICLE (3) TERMS ACCEPTANCE
- By using or visiting our Site, you confirm that you accept these Terms and that you agree to strictly comply with each and all provisions provided herein. Therefore, we strongly advise you to download and store a copy of these Terms for future reference as well as copies of any alterations thereto.
- If you do not agree to these Terms, you must not use or visit our Site, providing that your usage is an express acceptance and abidance of the provisions provided in these Terms.
- You must be at least 18 years of age to use our Site.
- By using the Site, you warrant and represent that:
- you are at least 18 years of age and legally able to enter into contracts, including these Terms; and
- you have not been banned, suspended or removed from the Services previously
- These Terms are a legally binding agreement between you and us. Providing that, these Terms may also make reference to other binding contractual instruments that apply when using the Site and/or the Services, which include but not limited to our Privacy and Cookies Policies and other agreements between you and the Company as well as agreements you accept with others, including parties related to the Compnay, in relation to the Services.
ARTICLE (4) OBLIGATIONS & ACCEPTABLE USE
- You acknowledge and agree that you are solely responsible and liable to ensure that your computer and any other device you use for accessing the Site are fully compatible with the Site and all its relevant and necessary technical specifications and systems.
- You must not misuse our system and/or the Site in any manner, whether directly or indirectly, including but not limited to the strict prohibition of hacking into, circumventing security or otherwise disrupting the operation of any part and/or component and/or feature and/or material and/or thing of our system and/or the Site, or attempt to carry out or allowing others to carry or attempt to carry any of the foregoing. The aforesaid includes but is not limited to introducing any viruses, trojans, worms, logic bombs, infection or other material which is or could be malicious or technologically harmful.
- You must not misuse any forms on the Site.
- Any requests submitted by you must be a genuine inquiry.
- You must not use or attempt to use or allow others to use any automated program (including, without limitation, any spider or other web crawler) to access our system, the Site or any part thereof.
- The usage of any scraping technology is strictly prohibited on the Site, such usage or attempted usage of an automated program is a misuse of our system.
- Obtaining access to our system or the Site or any parts thereof through any such automated programs is strictly prohibited.
- You acknowledge and agree that the usage of improper, illegal or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
- Whenever you make use of features that allow you to upload content or forms or otherwise to our Site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with the standards mentioned in these Terms or any part thereof you will indemnify us against any breach of this warranty.
ARTICLE (5) INTERACTIVE SERVICES AND CONTENT
- We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties’ legal rights.
- The views expressed by any third party on our Site do not represent our views or values.
- All content that you upload to our Site must:
- be accurate (where you state facts);
- be genuinely held (where you state opinions); and
- comply with the applicable law of the country from which they were posted.
- Your content must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
- contain any material which does or could potentially infringe the intellectual property rights of a third party.
- We will determine in our discretion whether you have breached any of the provisions provided in these Terms, including those provided under this clause 5. Where we believe that such a breach has occurred, we may take such action as we deem appropriate. This action may include the following:
- immediate, temporary or permanent withdrawal of your right to use our Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
- further legal action against you; and
- disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
- In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
Article (6) REGISTRATION
- To gain access to certain details on our Site or to fully utilize the Services you will need to establish an account with us and register (free of charges) as a user, such registration will require providing to us personal information about you.
- If we accept your application for registration, we will notify you that an access has been given. Providing that, we may, at our sole discretion, refuse your application for registration and/or require further personal information and/or additional supporting documents such as documents extracted from and issued by competent authorities, utility providers banks, employers or respected professionals such as lawyers and accountants. Providing also that, the afore-ascribed documents may be required to be delivered in original copies to us or through electronic means, both with an appropriate certification determined by us.
- Your registration and your use of the Site, is in compliance with all applicable laws and regulations, including but not limited to legislation concerning the digital assets industry such as its usage, transactions and ownership as well as all relevant required declarations.
- Each registration of a user account at our Site is strictly limited to a single user only who has been approved by us after the submission of the relevant information described above.
- You must not, directly or indirectly, share and/or disclose your username and/or password created on or through our Site with any other person or with multiple users on a network.
- You undertake that all information provided by you for the purposes of registering with us is accurate and complete and that you will keep it accurate, complete and up-to-date at all times.
- You must notify us immediately of any unauthorised use of your account and/or password or any other breach of security of the Site of which you become aware. Notwithstanding the aforesaid, we shall not be liable or responsible for any damages and/or losses you may sustain as a result of a security breach of your account maintained at our Site even if the above notification was provided to us.
- You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on the Site.
- You are prohibited to use the user account created at our Site on behalf of other persons.
- If we believe that you have failed to comply with any of the provisions of these Terms, we have the right, at any time as we deem appropriate, to deactivate and/or strict any account or password, whether chosen by you or allocated by us, at any time.
ARTICLE (7) LICENSE & PROFESSIONALS
- Subject to your full compliance with these Terms, the Company provides to you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use.
- Notwithstanding the restrictions provided for individual users in these Terms, in the event we have approved your registration as a real estate agent, broker, advisor or a professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law and subject to these Terms, to your clients and to take actions on behalf of your clients at your full responsibility and liability. Providing that, you represent and warrant that you have obtained all required authorizations and consents from each of your clients you may act on their behalf as provided herein and in accordance with the rights, obligations, conditions and other provisions provided in these Tersm, which you must ensure its validity at all times you use the Services and the Site.
- Except as expressly stated hereinabove, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise.
ARTICLE (8) INTELLECTUAL PROPERTY
- The copyright and all other intellectual property rights in the Site, including but not limited to logos, database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on the Site belong to us or our licensor(s).
- You must not copy, replicate, reproduce, imitate or use any of such logos unless our prior written consent is provided to you in advance.
- Without prejudice to any provision stipulated in these Terms, you may only and strictly copy information from the Services as necessary for your personal use or professional use to view, save, print, and/or communicate such information to your clients that might be interested in the shared information.
ARTICLE (9) LISTED PROPERTIES
- The information provided on the Site is for general interest only and does not constitute specific advice. Although the Company makes reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date, if you rely on these details, you do so at your own risk.
- We give no warranties or representations that the property information on the Site is correct, accurate or up-to-date.
- We give no warranty or guarantee that the Site or information available on it complies with laws enforceable in your country or the country in which you access and use the Site
ARTICLE (10) SERVICE FEE
- To process and execute payment transactions, which are made available by third-party(ies) payment processors, additional charges will apply to complete your transaction, these charges will be based on the payment method you specified at the time of purchase.
- In the event you select paying any fees with credit/debit card, the Company may seek pre-authorization of your card account before your purchase to verify that the card is valid and has the necessary funds or credit available to cover your purchase.
- You are solely responsible to realize and determine whether, and to what extent, any taxes apply to any transactions you carry out through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
ARTICLE (11) LINKED WEBSITES
- The Site includes links to websites operated by third parties, which the Company does not have any control over it or over any of its content, information, system, security or otherwise.
- No warranties or representations, express or implied, are given by us as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked to the Site, such access is solely at your own risk.
- You must not include links to the Site in any other linked website without our prior written consent, such prohibition includes but is not limited to any “deep link” to any page thereon.
ARTICLE (12) SUSPENSION AND WITHDRAWAL
- Though, we use commercially reasonable efforts to keep the availability of our Site at all times, we do not guarantee that our Site, which is made available for free without any charges. or any content contained thereon, will always be available or be uninterrupted.
- We may, at our sole discretion and for convenience, without notification and without assigning any reasons, suspend, withdraw or restrict the availability of all or any part of our Site.
- We reserve the right to block users from the Site and/or restrict or disable their access or use of any or all elements of our Services, on a permanent or temporary basis at our sole discretion without notification and without assigning any reasons.
- We may suspend, withdraw, disable, discontinue or change all or any part of our Site, including the Services, without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
ARTICLE (13) LIABILITIES
- We shall not be responsible nor liable for loss of your password, username or any information related to your account, which may be caused by an error and/or default and/or breakdown and/or malfunction and/or failure and/or loss of power or otherwise caused by or to your computer system.
- We shall not be responsible nor liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
- We shall not be responsible nor liable for any defaults and/or breakdown and/or malfunctions and/or failures due to internet or software errors, issues or unavailability, or any other circumstances beyond our reasonable control.
- We shall not be responsible nor liable for any consequences or issues that may occur as a result of any systems that we may place, from time to time and as we deem appropriate or desirable, to prevent any automated programs, systems or tools that may be utilized (or attempt to utilize) for obtaining unauthorised access to our system and the Site or any part thereof. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or the Site.
- In the event you are a consumer user, you acknowledge and agree that your use is strictly limited for private use and for your account and own interest. You also agree not to use our Site for any commercial or business purposes. You further acknowledge and agree that we will not be liable to you and/or any other person for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including without any limitation whatsoever, loss of profits, sales, business, or revenue, business interruption., loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage, arising under or in connection with the use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site.
- In the event you are a real estate agent, broker, advisor or a professional user (for business purposes according to the related provisions of these Terms), we, without prejudice to the express representations, liabilities, warranties, conditions and commitments explicitly provided by us in these Terms, exclude all implied representations, liabilities, warranties, conditions and commitments or other terms that may apply to our Site or any content on it. You acknowledge and agree that we will not be liable to you and/or any other person for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including without any limitation whatsoever, loss of profits, sales, business, or revenue, business interruption., loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage, arising under or in connection with the use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site.
ARTICLE (14) NO WARRANTIES
- Due to the nature of technology services that is based on software and internet, we do not warrant that the running of the Site will be uninterrupted or error-free or your access to the Site will be uninterrupted or error-free.
- We provide the Site, the Services and materials contained therein “AS IS”, “AS AVAILABLE”, which may contain faults; accordingly, the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you, Accordingly, we and each of the persons engaged in any part of the Services or the Site, to the maximum extent permitted by these Terms and those contractual instruments related to these Terms as well applicable laws, make no representations, warranties, commitments or conditions, express or implied, including without any limitations, whatsoever:
- warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement;
- warranties or conditions arising through course of dealing or usage of trade; and
- warranties or conditions of uninterrupted or error-free access or use.
- No advice or information, whether oral or written, express or implied, you have acknowledged, obtained or realized through the Services including but not limited to any information, data, materials included, contained or shown therein establish any warranty from us or regarding the Services or any part thereof, unless such warrant is explicitly and expressly stipulated in these Terms.
- You are solely liable for any and all damages, losses or risks that may occur, directly or indirectly, as a result of your (i) access and/or use of the Site and/or the Services or any part thereof including any materials contained or included or provided therein and/or (ii) through any communication and/or transaction with any other person whether made available in the Site or for the Services by us, other persons or otherwise.
- You understand and agree that your use of the Services, and use, access, download, or otherwise obtainment of materials through the Services and any associated websites or services, are at your own discretion and risk, and that you are solely responsible for any damage, loss or risk to your property (including your computer system or mobile device used in connection with the Services), or the loss of data that results from the use of the services or the download or use of those materials. Some jurisdictions may prohibit a disclaimer or warranties and you may have other rights that vary from jurisdiction to jurisdiction.
ARTICLE (15) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Site; (b) your violation, breach, non-compliance with any of the provisions of these Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any materials you upload to, or otherwise make available through, the Site; (f) your willful misconduct and/or gross negligence; and (g) any other party’s access to and/or use of the Services using your account and password. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with our defense of that claim.
ARTICLE (16) ALTERATIONS
- These Terms might be amended from time to time, as we deem necessary or desirable at our sole discretion, such changes will be uploaded on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
- Any changes to these terms will be valid and effective on the date of its upload or published on the Site without any notification.
ARTICLE (17) GENERAL PROVISIONS
- These Terms including any other agreement, policy or contractual instrument related to these Terms comprise the entire understanding and agreement between you and us as to the subject matter hereof.
- These Terms supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and us.
- Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
- You may not assign any rights and/or licenses granted under these Terms.
- We shall have the right to assign all or any of our rights without restriction, including without limitation to any subsidiary, affiliate or to any successor in interest of any business associated with the Site.
- If any provision of these Terms is determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
- In the event of an assignment by us as described above or if the Company is acquired by or merged with a third-party entity(ies), we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such assignment. merger, acquisition, sale, or other change of control.
- All provisions of these Terms, which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, account cancellation, use of the Site, disputes and general provisions, shall survive the termination or expiration of these Terms.
ARTICLE (18) GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the United Arab Emirates govern these Terms, and the Dubai International Financial Courts have exclusive jurisdiction to hear any dispute.
ARTICLE (19) CONTACT US
Questions, comments and requests regarding these Terms are welcomed and should be addressed to: ………………………