TERMS OF USE

Welcome to UAE Aqar, these Terms of Use (hereinafter referred to as the “Terms”) shall govern the relationship between MOBTAKAR E-COMMERCE, having its registered office at Layyah Sharjah Al Meena St, Sharjah, UAE (hereinafter referred to the “Company” or “UAE Aqar” or “Us” or “Our” or “We”) and you (hereinafter referred to “You” or “Your” or “User” or “Users”) and shall also govern your use of www.uaeaqar.com and its related mobile application, namely “UAE Aqar” (hereinafter referred to as the “Website” or “Site” or “App” or “Platform”).

Please read these Terms carefully, as they form the entire agreement between you and UAE Aqar. If you do not accept these Terms in its entirety, then you may not use the Site or our App.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms of Use shall be read in conjunction with our Privacy Policy statement.

1.Acceptance of the Terms of Use

By accessing or using or registering or listing or requesting on our Website or App in any way or by clicking on a button or taking, similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i

You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website and/or the App.
ii

You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the country that you reside in, then you must have the permission of your lawful guardian to use and access the Website or App.
iii

We must not have previously disabled your account for violation of law or any of our policies.
iv

You agree, understand and acknowledge that the we are an online platform that connects the buyers/tenants with the owners/brokers. We, however, cannot verify each listing or the background or genuineness of any user. Besides this, we cannot be a party to or control in any manner any transactions that you enter into with any user that you connected through our Platform. Therefore, please be careful before meeting or entering into any transaction, and take appropriate precautions.

2.Accounts, Passwords and Security

a)

Account Registration: To access various parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b)

Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you chose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website.
c)

Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d)

Listing Verification: Although we owe no obligation, we reserve the right to verify the information or content submitted by you. You shall provide true, accurate and complete information, whenever and wherever asked. If you are listing a property, please ensure to put original, genuine, and up-to-date pictures of the same. This is important for us to build a trustworthy platform.
e)

Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all of the services.

3.Use of the Site

i.

Allowed uses:

Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site or App.
Listing: If you are listing a property, please ensure to put original, genuine, and up-to-date photos of the property that depicts the true state of the property. Make sure to put accurate description and information.
Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, email, contact number etc.
Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the Website, whether a copyright of UAE Aqar, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii.

Restricted uses:

You can’t impersonate others or provide inaccurate information.
You cannot list fake properties, or post fake or morphed pictures.
You can’t write any content on any political, racist or such other issue which effect’s a person, community or society.
You must not misuse or interfere with the Services or Website or App or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
You must not:
- republish material from this Website or App;
- sell, rent or sub-license material from the Website or App;
- show any material from the Website or App in public without our consent;
- edit or otherwise modify any material on the Website or App (other than editing your own information as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose (unless expressly consented by us); or
- redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors, vendors or any third party;
- We reserve the right to restrict your access to any areas of our Website or App, or indeed our whole Website or App, at our discretion.
You must not use our Website or App in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms of Use, we reserve the right to suspend or terminate your account or your access to the Website or App or our services, at our sole discretion.

4.Ownership Rights

a)

UAE Aqar’s Rights: This Website, App, its trademark, trade name, logo, services and its content listed on it shall remain the sole property of the UAE Aqar or its licensors, as the case may be. Your use of or access to this Website or App shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or App or any content published by us or our licensors or third parties. This Website and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the UAE Aqar and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the UAE Aqar.
b)

Content published by You:

The listings, photos, or description that you write or share may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share or upload on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services
Specifically, when you upload or write a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the Website or App. We retain the right to remove the listings or your requests, if we find it against our policies or applicable laws, at our sole discretion.
You can delete your listings or your account from our Website or App at any time.

5.Privacy
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website or App, as may be updated from time to time.
6.Links to Third-party Sites
The Website might contain links to third-party websites, products and services. For example, each listing has a phone number or a WhatsApp link, and if you click on such number or link, you are taken our of the jurisdiction of our platform, and you become subject to the policies of such third party platform (for example – WhatsApp in this case). Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You shall use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the Terms of Use, Privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, UAE Aqar shall not be responsible.
7.Disclaimer

We are a marketplace platform that connects tenants/buyers with the owners/brokers. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions with any user you connected with through the Platform. We shall neither be liable nor responsible for any actions or inactions of any user nor any breach of conditions, representations or warranties by the users and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and any user you come into contact with through the Platform.
The site is provided on an “as-is” and “as available” basis, and UAE Aqar (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, fitness for a particular purpose, title, quiet enjoyment or accuracy of the content, information, request or listings on our Platform. We (and our licensors, affiliates and vendors) make no warranty that the Site or App or services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

8.Limitation of Liability

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
To the maximum extent permitted by law, in no event shall UAE Aqar (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if UAE Aqar has been advised of the possibility of such damages. Access to, and use of, the Site or App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

9.Indemnity
You acknowledge to defend, indemnify and hold UAE Aqar, its users, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
Your wrongful or improper use of services, Site or App;
Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
Your violation of these Terms or any other policy of UAE Aqar as associated with our services;
The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

10.Claims against Objectionable Content
As we list a lot of listings on the website and App, so it is not possible for us to be aware of the contents of each listing that is displayed. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content on the website or App is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses ("Objectionable Content"), please notify us immediately at [email protected]. We will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time, at our sole discretion.
11.Copyright Infringement

If we are put on notice that your use, action, comment or content violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your content from our platform, and/or delete, suspend your account from Website or App.
Please notify us if you believe any of your intellectual property rights have been infringed on our Website or App. Please file your copyright infringement claim with our Copyright Agent, at [email protected] for such complaints and claims.
You are required to follow the below procedure to file a claim:

Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the copyrighted material that has infringed upon your copyright;
Identify in writing the copyrighted material that has infringed upon your copyright;
Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
Provide your physical and/or electronic signature;
Send us a written communication to [email protected];
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

12.Governing Law and Dispute Resolution

Governing Law: The Terms and any dispute arising out of or relating to the same will be governed by applicable laws of the United Arab Emirates.
Dispute Resolution: You agree, as we do, to submit to the exclusive jurisdiction of the appropriate courts situated at Sharjah, UAE.

13.Notices
When you use the Website or send emails to UAE Aqar, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. UAE Aqar will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
14.Miscellaneous

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and You or any other party be deemed to modify any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of UAE Aqar, which may be withheld at UAE Aqar’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void.
Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between UAE Aqar and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

15.Grievance Officer
In the event you have any grievance regarding anything related to these Terms or our Privacy Policy statement, or with any content or service or product of UAE Aqar, in that case you may freely write your concerns to the Grievance Officer to:-
Name:Mohammed
Contact:+971552186223
Email:[email protected]
Timings:Between normal working hours on business working days.
16.Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected].

Last updated on July 25, 2021.