We”, “Our”, “Us” refers to “etjar.com” and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
“Our web site” refers to etjar.com
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
- Use license & restrictions
Permission is granted to temporarily download copies of the materials (information or software) on etjar.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Etjar.com’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Etjar.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Your responsibilities
We are not an estate agency and we provide a service whereby agents may market and you may view property details (‘Details’) together with other content hosted and developed by us. Agents are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
Details are hosted by us in good faith but are produced directly by agents and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
- You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
- You are responsible for ensuring that you act in good faith towards any other parties.
In no event shall Etjar.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Etjar.com’s Internet site, even if Etjar.com or a Etjar.com authorized representative has been notified orally or in writing of the possibility of such damage.
- Revisions and errata
The materials appearing on Etjar.com’s web site could include technical, typographical, or photographic errors. Etjar.com does not warrant that any of the materials on its web site are accurate, complete, or current. Etjar.com may make changes to the materials contained on its web site at any time without notice.
- Availability of website
We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.
- Links & third parties
Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
The materials on Etjar.com’s web site are provided “as is”. Etjar.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Etjar.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Etjar.com guarantees that verified listings are genuine offers with supported legal documentation between the landlord and the agent, yet we do not guarantee the property’s availability all the time after it has been verified.
- Monitoring and recording telephone calls
Real estate broker & developer clients who have subscribed to our Call Tracking service have elected to have their call enquires generated through the site tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.
- Governing law
Any claim relating to Etjar.com’s web site shall be governed by the laws of the UAE without regard to its conflict of law provisions.
Etjar.com subscribers are licensed real estate brokers, developers and hotel apartment providers. Our advertisers are contractually obligated to only list properties that are available for sale or lease with the proper authority from the owner. Properties listed on Etjar.com should be a fair and accurate portrayal of the property itself and the proposed transaction. To report any suspected fraudulent or misleading property postings on our site please send us an email with the details to email@example.com.
Terms & Conditions for Agents
We”, “Our”, “Us” refers to ” Etjar.com ” and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
“Our web site” refers to Etjar.com
“You”, “Your” or “the Client” refers to you as the user of the Real Estate Internet Service (the “Service”).”Service” may include any of the following or a combination thereof depending on the membership package chosen:
- process that will facilitate your uploading and managing your own properties’ listings and property developments;
- brand booster for agents who want to increase their brand exposure to all buyers and sellers by having their logo presented on all their properties’ listings on the search results pages and on all properties’ listings sent by e-mail alerts;
- online banner advertising and banner ad impressions that appear on our web site on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;
- having your properties signified as “Featured and/or Premium” on our web site to improve their ranking for added exposure;
- having your properties rotated through the top position(s) via our “Smart Ads” product
- process which facilitates having your phone call leads tracked and recorded via our “Call Tracking” product
- Process of having your properties and company profile appear on affiliated print publications such as “Prestige Magazine”
- inclusion of your properties in e-mail alerts;
- your agency details and logo listed in the ‘Find an Agent’ section;
- Website and banners design services;
- email marketing campaigns
The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of the Service.
Receipt of an Advertising Agreement signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement.
- only advertise properties that are currently available for purchase or lease within the Emirates or countries permitted by your subscription;
- be the holder of a current real estate agent’s, hotel apartment or real estate developers license in the United Arab Emirates or country to which your use of the Service relates;
- within 72 hours of a sale or leasing contract being entered into for a property remove that property from the web site.
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure that you do not make, arrange or authorize the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
- abide by any applicable rules and regulations related to electronic truncations and commerce;
- comply with any guidelines and codes issued by the Land Department or any other local departments concerned with real estate;
- in your use of the Service, comply with all applicable laws;
You must ensure that:
- material submitted through the Service by you refers only to listing details of a particular property;
- the listing details for a particular property through the Service are only listed by you (including any associated offices in your real estate group) once; and
- any reference to material other than listing details for a property must receive our written approval prior to your submission
- ensure that no other person, authorized or otherwise, makes use of your subscription to the Service in breach of these terms and conditions; and
- not make any promotional or merchandising reference to us or our web site without our express written permission.
- you have the approval of third parties before sharing their private documents to avail any of our products, including not restricted to verified listings
You acknowledge that:
- you have read and agree to be bound by the terms of all legal notices posted on the Site;
- you represent and warrant that you are authorized to make available the material generated or submitted to make use of the Service and that you are acting under authority of the proprietors of all properties concerned.
- any such conduct is in breach of these terms and conditions.
- By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
- we are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so;
- we are not responsible for the Service’s content or for any errors or omissions in any property data provided by or on behalf of you;
- you are responsible for updating your listings to follow the Etjar.com image guidelines, we reserve the right to penalize any images content we deem unfitting.
- systems or technological failure may impede or prevent access to all or any part of the property data;
- you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us;
- you are responsible for the security and integrity of your data;
- transmission of data over the Internet can be subject to errors and delays;
- we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
Agreement Term, Suspension or Termination of Service
You may not terminate this Agreement before the end of the contracted term under any circumstances.
Unless otherwise stated in the Advertising Agreement, this Agreement shall have a Term of twelve (12) months from the date of the start date specified in the Advertising Agreement.
Following the expiry of the Term your Agreement will expire unless you renew this Agreement with Us.
We may terminate this Agreement at anytime for any reason provided that seven (7) clear days’ written notice has been provided to you. Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
Without limiting our other rights, we may immediately suspend the Service and/or temporarily remove details of any property uploaded by you to our web site and/or terminate this Agreement if:
- you fail to pay any fees or charges due to us by the due date, or any post dated cheques as stipulated in the Agreement;
- you breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- any material supplied by you is false or misleading;
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
Packages, Fees and Payment
Full payment in advance or payment via Post Dated Checks (PDCs) issued by the relevant company account prior to the start date outlined in the Advertising Agreement, are the only acceptable forms of payment for this Agreement. The Service will not be activated until full payment has been provided whether in Cash, credit card payments, or post dated cheques or other forms of payment as stipulated by the Agreement. The client is liable for the costs incurred in this Agreement from the Contract Start Date whether or not the service is active.
The current fees for the Service are specified in your Advertising Agreement. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components.
Content posted on Etjar.com, whether by Credit Card through the website, or by cheque or bank transfer via a commercial contract is paid content (“Paid Content”) and must be paid for by the originator of the content.
The originator of the paid content has the right to a refund under the following circumstances:
- i) if a duplicate transaction is received for any paid content on the site. In this case, the duplicate portion of the payment will be refunded.
In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.
Limitation of Liability and Indemnity
To the extent allowable under laws applicable in the United Arab Emirates we:
- exclude all conditions and warranties implied into the Agreement;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
We will not be liable under this Agreement to the extent that liability is caused by:
- any breach of your obligations under this agreement; or
- any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.
You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.
We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
- No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
- Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address.
- You must not assign the Agreement without our written consent.
- The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
- The laws of the United Arab Emirates, the Emirate of Dubai apply.
- You submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai. In the case of arbitration it is subject to the rules of the Dubai International Arbitration Centre or the DIFC LCIA Arbitration Centre, as mutually agreed by the parties.
If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.