Terms and Conditions

Terms & Conditions For Users

  1. TERMS
  2. 1.1In these terms and conditions for users (“Terms of Use”) the terms “we", "our", "us" means Aqary International FZ LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
    1.2"Website" refers to www.aqaryint.com
    1.3By accessing and using this Website, you are agreeing to be bound by the Website’s Terms of Use and the Privacy Policy (together the “Terms”), 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, your sole option is to immediately cease your use of this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
    1.4You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
    1.5These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.

  3. USE LICENSE & RESTRICTIONS
  4. 2.1Permission is granted to temporarily download copies of the materials (information or software) on the Website 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:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the Website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
    2.2In accessing or using our Website you irrevocably agree and undertake to ensure that you will not:
    1. use any automated device, software process or means to access, retrieve, scrape, or index our Website or any content on our Website;
    2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
    3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Website usage;
    4. use or index any content or data on our Website for purposes of:
      1. constructing or populating a searchable database of properties,
      2. building a database of property information; or
      3. competing with us in any manner that we have not specifically authorised;
    5. transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
    6. use our Website or any content from our Website in any manner which we in our sole discretion determine as not reasonable and/or not for the purpose which it is made available;
    7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
    8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
    9. act in violation of any such terms or other condition posed by us or any applicable law;
    10. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptation of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
    11. transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive manner.
    2.3We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to our use of the Website, including but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
    2.4This license shall automatically terminate if you violate any of these restrictions and may be terminated by us 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.

  5. YOUR RESPONSIBILITIES
  6. 3.1We 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 and third parties 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.
    3.2Details are hosted by us in good faith but are produced directly by agents and/or third parties 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.
    3.3You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
    3.4You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
    3.5You are responsible for ensuring that you act in good faith towards any other parties.
    3.6You represent and warrant that your use of our Website will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of our Website, including all amendments and revisions to these Terms in accordance with Clause 8 herein;
  7. LIMITATIONS
  8. 4.1In no event will we 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 the Website, even if one of our authorised representatives has been notified orally or in writing of the possibility of such damage.
    4.2We will not be liable for any loss or damage arising under or in connection with:
    1. any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
    2. any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your computer system and/or your account;
    3. the use of, or inability to use, our Website;
    4. the reliance on any content or information displayed on our Website;
    5. any direct, consequential, special or punitive loss, damage, costs and expenses;
    6. loss of profit;
    7. loss of business;
    8. loss of reputation;
    9. depletion of goodwill; or
    10. loss of, damage to or corruption of data.
    4.3Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
    4.4We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
    4.5If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.

  9. REVISIONS AND ERRATA
  10. The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice.
  11. AVAILABILITY OF WEBSITE
  12. 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.

  13. LINKS & THIRD PARTIES
  14. Our Website may contain links, hyperlinks and pointers 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, nor do we make any warranties or representations 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, nor do we make any warranties or representations 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 Website, you grant us an irrevocable, world-wide, royalty free license to commercialse, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website. We do not warrant that the content, links, or sub-domains contained on, or associate with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.

  15. SITE TERMS OF USE MODIFICATIONS
  16. We may revise these Terms of Use and any such Terms for the Website at any time without notice. By using this Website you are agreeing to be bound by the Terms of Use.

  17. CONTRIBUTIONS
  18. 9.1In these Terms of Use “Contributions” means any information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on our Website.
    9.2We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
    1. those Contributions are in breach of any law or regulation;
    2. those Contributions infringe the intellectual property rights of any third party;
    3. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
    4. those Contributions;
      1. misleading or deceptive;
      2. inappropriate having regard to the purpose of our Website;
      3. likely to cause offence;
      4. materially incorrect;
      5. obscene;
      6. defamatory;
      7. otherwise unlawful and/or against the customs or norms of the region in which this Website is referred too; or
      8. corrupted, due to the presence of a virus or other disabling code.
    9.3To the extent that any Contributions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
    9.4You also grant each user of our Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
    1. you own and control all of the rights to the Contributions; or
    2. you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise us to display the Contributions.
    9.5For any Contributions that you may retain moral rights in, you declare that:
    1. you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
    2. You understand that when accessing our Website you may be exposed to the Contributions of other users of our Website. You acknowledge and agree that we do not have control of and are not responsible nor do we warrant the veracity of these other Contributions.
    9.6You represent and warrant that:
    1. you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
    2. you will not make any Contributions that infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you; and
    3. you will not make any Contributions that:
      1. are misleading;
      2. are deceptive;
      3. are materially incorrect;
      4. are likely to cause offence;
      5. directly or indirectly involve the advertising or marketing of any products or services;
      6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
      7. are defamatory;
      8. are otherwise unlawful or encourage unlawful conduct; or
      9. are otherwise inappropriate having regard to the purpose of our Website.

  19. INTELLECTUAL PROPERTY
  20. 10.1Unless otherwise expressly stated, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
    10.2We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
    10.3Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of us or our licensors. No trademark or service mark license is granted in connection with the materials contained on this Website.
    10.4Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.
  21. ELECTRONIC COMMUNICATIONS
  22. 11.1When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. We 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. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.
  23. INDEMNITY
  24. 12.1You agree to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to our Website or making Contributions not in accordance with the Terms.
  25. DISCLAIMER
  26. The materials on our Website are provided on an "as is" and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate 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, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to this Website.
  27. MONITORING AND RECORDING TELEPHONE CALLS
  28. Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquires generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
  29. GOVERNING LAW
  30. 15.1These Terms of Use and your access to the Website is subject to and governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. You agree to submit to the exclusive jurisdiction of the Courts of Dubai.
    15.2If 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.
  31. CONTACT US
  32. 16.1www.aqaryint.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 and all other required governing bodies. Properties listed on www.aqaryint.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 info@aqaryint.com

Terms & Conditions For Agents & Advertisers

  1. DEFINITIONS
  2. 1.1In these Member Terms and Conditions the following terms shall have the following meaning:

    “we", "our", "us", “www.aqaryint.com”, Aqary International means Aqary International FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties. "you", "your" or "the Client" means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm, developer and hotel apartment provider and a user of the Service “Content” means any and all content, listing details, pictures, videos, and other materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website. “Contract” means the Subscription Order (as defined below) and these Member Terms and Conditions. “Exclusivity Form” means the standard form approved by us which must be signed by the property owner or the property owner’s representative granting you exclusive rights to market and rent or sell a specific property. “Exclusivity Rights” means a agent with a valid Aqary International contract having provided us with a validly signed and dated Exclusivity Form. “Fee” means the amount due to us by you under the Subscription Order.

    “Membership” means your entitlement to the Services (under a Contract) subject to these conditions.

    "Service" includes but is not limited to any of the following services for a member or a combination thereof depending on the membership package chosen in the Subscription Order:

    1. a process that will facilitate your uploading and managing your own properties’ listings and property developments;
    2. 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;
    3. online banner advertising and banner ad impressions that appear on our Website on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;
    4. micro-website and advertising banner creative development services;
    5. having your properties signified as "Featured and/or Premium" on our Website to improve their ranking for added exposure;
    6. having your properties rotated through the top position(s) via our "Smart Ads" product;
    7. a process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product
    8. the process of having your properties and company profile appear on affiliated print publications such as "Prestige Magazine";
    9. inclusion of your properties in e-mail alerts;
    10. your agency details and logo listed in the ‘Find an Agent’ section;
    11. website and banner design services; and
    12. email marketing campaigns.
    13. “Subscription Order” means, as the case may be:

    14. if you are contracting online the online subscription confirmation and the confirmation order; or
    15. the hard copy order form you receive from us,
    16. that you complete indicating the Service you request us to provide.

      "Website" means www.aqaryint.com

  3. CONTRACT
  4. 2.1The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Order as follows:
    1. by pressing the “Confirm Order” button when submitting an online Subscription Order; or
    2. by signing a hard copy Subscription Order.
    2.2If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorised to enter into the Contract.
    2.3We reserve the right to reject any Subscription Order to provide any Service at our absolute discretion including but not limited to where we believe any of the following;
    1. you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
    2. that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
    2.4In the event of any conflict between these Member Terms and Conditions and the Subscription Order, these Member Terms and Conditions shall prevail.
    2.5The Contract is between us and you only and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
    2.6If you wish to use a third party real estate CRM service solution provider to publish data on the Website using an XML feed with us, that third party must be on Aqary International’s pre-approved list of CRM providers, which can be obtained by contacting info@aqaryint.com (such Aqary International pre-approved CRM providers being a “CRM Provider”). The third-party CRM solution provider must expressly agree and comply to all terms and conditions as set forth by us for CRM Providers for use of such a feed. Any failure to comply with or breach of the terms and conditions for CRM Providers could result in a suspension of such feed, to be determined within our discretion. It is your responsibility to assure that your CRM provider is in compliance with all the terms of that agreement. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the terms and conditions on our website for CRM Providers.
    2.7These Terms and Conditions were last updated on August 18, 2020. It is effective between you and us as of the date of you accepting these Terms and Conditions. For existing users, acceptance is made by continuing to use the website, after each update.

  5. YOUR GENERAL OBLIGATIONS
  6. 3.1You warrant and represent that you will:
    1. not act as a consumer in relation to the Membership;
    2. only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your Subscription Order;
    3. be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or the otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
    4. ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any Website other than our Website without our prior written consent;
    5. abide by any applicable rules and regulations related to electronic transactions and commerce;
    6. comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
    7. in your use of the Service, comply with all applicable laws;
    8. within no more than seventy two (72) hours of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market you will either alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” "sold" or “let” as appropriate on the Website or will remove the property from the upload provided to us so that it is no longer displayed on the Website;
    9. have the authority to market the properties in the Content and the properties listed by you in the Content are only listed (including any associated offices in your real estate group) once;
    10. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and has authority to and grant us a license of the Content on the terms set out in clause 3.3(b);
    11. not use our name or any logos, trade or services marks of ours in a defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
    12. provide a contactable telephone number. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will take no actions that would interfere with such monitoring, and you agree that us and our suppliers may record all telephone calls for the purposes of monitoring these; and
    13. ensure that only your authorized persons have access to the Services.
    3.2 You must ensure that:
    1. ensure that no other person, authorized or otherwise, makes use of your Membership to the Service; and
    2. you do not make any promotional or merchandising reference to us or our Website without our express written permission.
    3.3You acknowledge and agree that:
    1. you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
    2. by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize reproduce, display, sell, publish, copy, license to other persons, use and adapt for any purpose and otherwise use the Content or data or other information derived there from for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This license shall survive termination of the Contract. You agree that we will not be required to, identify you as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed;
    3. 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 and we make no warranty nor any representations about the accuracy of the Service;
    4. systems or technological failure may impede or prevent access to all or any part of the property data;
    5. we are able to use any pictures of you or any of your agents that are employees of your firm in order to post on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
    6. 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;
    7. you are responsible for the security and integrity of your data;
    8. you are responsible to obtain and possess any necessary permits to market and publish listings on the Website; Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility on your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
    9. transmission of data over the Internet can be subject to errors and delays; and
    10. 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;
  7. CONTENT QUALITY OBLIGATIONS
  8. 4.1You warrant and represent that the Content:
    1. is not unlawful or encourage unlawful conduct, defamatory, false, misleading, deceptive, inappropriate having regard for the purpose of the platform, likely to cause offence, obscene (including pornographic, hateful, racially, or ethically offensive material), or against public policy, and that the Content will not expose us to any liability, legal proceedings or other sanction;
    2. does not infringe any copyright, trademark or other intellectual property rights or rights of Aqary International or any third party whatsoever;
    3. is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
    4. will comply with the www.aqaryint.com image guidelines and any other guidelines set by us from time to time;
    5. will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information.
    6. refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
    7. does not directly or indirectly involve advertising or marketing anything other than a particular property;
    8. will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing; and
    9. that is false or irrelevant will not be placed in an fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate.
    10. Does not infringe or violate any terms of use or other terms, policies or agreements of third parties who the Content may be subject to, including but not limited to YouTube’s terms of use.
    4.2You acknowledge and agree that:
    1. we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
    2. we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Member Terms and Conditions, in our sole discretion;
    3. we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
    4. we may suspend your use of the Services, or terminate this Agreement in accordance with clause 5 if you fail to comply with the terms of this clause 4; and
    5. using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or Development must receive our written approval prior to being submitted through the Service.

  9. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
  10. 5.1Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
    5.2Unless otherwise expressly stated in this Contract or terminated earlier in accordance with its terms, the term of your Contract will commence on the start date specified in the Subscription Order and continue for the period of either (a) six months; or (b) twelve (12) months as specified in the Subscription Order (“Term”).
    5.3Following the expiry of the Term your contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes.
    5.4We may terminate this contract at any time for any reason provided that seven (7) days' written notice has been provided to you. Should you continue to use the Service following termination of the contract, you shall remain liable for any and all costs incurred by you.
    5.5Without limiting our other rights, we may immediately sanction you, or suspend or limit the Service and/or temporarily remove details of any property, agent, or otherwise, uploaded by you to our Website and/or terminate this Contract if:
    1. you fail to pay any fees, charges, or taxes due to us by the due date, or provide any security cheques as stipulated in the Contract;
    2. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
    3. you fail to comply with any of the Content Quality Obligations set out in clause 4
    4. you have engaged in any unlawful actions while using or accessing our services and the Website shall be subject to sanctions and limitations as determined in our discretion.
    5. 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
    6. 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.
    5.6We may immediately remove a listing or any details of a listing that is subject to Exclusivity Rights of another agent.
    5.7Where payment obligations under your Contract are still owed by you, service shall still be provided, however limited, within our discretion, during the remainder of your Contract term.
    5.8Termination of this Contract pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to Clauses 5, 7, and 8, and any further terms as may be provided at the time of this Contract and we reserve our right to enforce such obligations and liabilities in any event.
  11. PACKAGES, FEES AND PAYMENT
  12. 6.1The Service will not be activated until full payment has been provided whether in cash, credit card payments, or postdated cheques or other forms of payment as stipulated by Subscription Order. You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Order or if no such date is specified from the date of acceptance,(which will be the date we receive your confirmation of the Subscription Order) if nothing isstated in your Subscription Order.
    6.2If you have elected to pay via credit card, then please note that the service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
    6.3If payment via credit card on a monthly basis was elected, then you shall be required to provide us with 3 security cheques, with each cheque representing a pro rata amount of the total Contract amount.
    5.4The security cheques referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
    6.5In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us , then we shall give you notice in writing of the “bounced” payment and provide you until the end of that month to cure the “bounced” payment. At the expiry of the month, in the event that the “bounced” payment is not cured, then we shall present and cash the security cheque.
    6.6Please note that if the balance of the contract is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the contract.
    6.7Please note that any cheque issued by you that "bounces" due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
    6.8The current Fees for the Service are specified in your Subscription Order. 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. If you wish to change package during your Subscription Order then we reserve the right to amend any such terms in the Subscription Order including but not limited to the Fees. Please be advised that a package can only be reduced to the extent that the total current fee for the Services that you have requested, is not reduced until the end of the current contract term. This does not prohibit packages from being varied, so long as the total value of the services subject to the change being requested is not below the total current fee for the Services being provided.
    6.9In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with these Terms from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
    6.10If your Membership has been suspended for any reason during the term of your Subscription Order you will still be liable to pay any Fee due to us regardless of you receiving the Services.
    6.11If your Membership has been terminated for any reason during the term of your Subscription Order, then you shall be bound to all payments due under the Subscription Order up to the point of termination. Liability for further payments under the Subscription Order shall be limited to a penalty payment in the amount of 50% of the outstanding balance of the Subscription Order.
    6.12We reserve the right to amend any terms in a Subscription Order, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of these Member Terms and Conditions for your future reference.

  13. REFUND POLICY
  14. 7.1Content posted on www.aqaryint.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 only if a duplicate transaction is received for any paid content on the Website. In this case, the duplicate portion of the payment will be refunded
    7.2In 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.
  15. LIMITATION OF LIABILITY AND INDEMNITY
  16. 8.1To the extent allowable under laws applicable in the United Arab Emirates we:
    1. exclude all conditions and warranties implied into the Contract;
    2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
    3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
      1. resupplying the Service; or
      2. paying the cost of having the Service resupplied; and
    4. limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
    8.2We will not be liable under the Contract to the extent that liability is caused by:
    1. any breach of your obligations under your Contract with us; or
    2. any delay in performance or breach of your Contract 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 Website.
    8.3You 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.
    8.4The Service and any functionality of the Service are provided on an "as is" and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate 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, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the Service

  17. GENERAL
  18. 9.1We may change these Member Terms and Conditions at any time on written notice. You acknowledge that our publishing of 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 the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
    9.2Notwithstanding anything to the contrary in the Member Terms and Conditions we reserve the right to change the algorithm’s used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
    9.3We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
    9.4No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
    9.5Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
    9.6You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
    9.7This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
    9.8Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”).
    9.9Any further dispute, difference, controversy or claim arising out of or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
    9.10If any term of the Contract or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

Terms & Conditions For CRM Providers

  1. YOUR OBLIGATIONS. IN ACCESSING OR USING OUR WEBSITES YOU AGREE THAT YOU WILL NOT
  2. 1.1In these terms and conditions for users (“Terms of Use”) the terms “we", "our", "us" means Aqary International FZ LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
    1.2"Website" refers to www.aqaryint.com
    1.3By accessing and using this Website, you are agreeing to be bound by the Website’s Terms of Use and the Privacy Policy (together the “Terms”), 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, your sole option is to immediately cease your use of this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
    1.4You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
    1.5These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.

  3. YOU ACKNOWLEDGE THAT:
  4. 2.1This Agreement is a separate agreement from the agreement between the client and www.aqaryint.com
    2.2You must ensure that the data sent by the client is in the correct Aqary International XML format, following the correct Aqary International XML specifications, is not corrupt and is valid data.
    2.3You must ensure that the client validates all property listing permits, provided by any law, regulation, or otherwise, where such listing is being advertised, before feeding any listings to our Website. Such validation shall include, but is not limited to permit number and permit date being valid, as well as, the party listing the property being a match to the party that the permit was issued to. The Client shall not allow any properties to be fed to our website if the permit is invalid for any reason. Failure to comply with this clause may, in our discretion, result in such action as we feel necessary to cure the violation. Such may be the case, within our discretion, that the client is thereafter prohibited from providing any feeds to our Website.
    2.4You must notify Aqary International immediately if you become aware that you have breached any of these requirements, any of the data transmission guidelines or any other requirement applicable pursuant to this Agreement in relation to data that you upload. When notifying Aqary International you must also provide a list of all subscribers and listings that are affected.

  5. IMPORTANT NOTE:
  6. 2.1This Agreement is a separate agreement from the agreement between the client and Aqary International.
    2.2You must ensure that the data sent by the client is in the correct Aqary International XML format, following the correct Aqary International XML specifications, is not corrupt and is valid data.
    2.3You must ensure that the client validates all property listing permits, provided by any law, regulation, or otherwise, where such listing is being advertised, before feeding any listings to our Website. Such validation shall include, but is not limited to permit number and permit date being valid, as well as, the party listing the property being a match to the party that the permit was issued to. The Client shall not allow any properties to be fed to our website if the permit is invalid for any reason. Failure to comply with this clause may, in our discretion, result in such action as we feel necessary to cure the violation. Such may be the case, within our discretion, that the client is thereafter prohibited from providing any feeds to our Website.
    2.4You must notify Aqary International immediately if you become aware that you have breached any of these requirements, any of the data transmission guidelines or any other requirement applicable pursuant to this Agreement in relation to data that you upload. When notifying Aqary International you must also provide a list of all subscribers and listings that are affected.
  7. AQARY INTERNATIONAL XML SETUP AND FUNCTIONAL SPECIFICATIONS
  8. 4.1The Aqary International XML format specification will be provided to you. It is then your responsibility to ensure that your computer system is capable of generating the appropriate data files to be sent to Aqary International in the correct XML format.
    4.2It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
    4.3Aqary International will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
    4.4Aqary International will activate clients’ feed after receiving a written confirmation from the client with the feed link

  9. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
  10. 5.1This Agreement continues until terminated in accordance with the terms of these Terms.
    5.2Unless otherwise stated in the Agreement, this Agreement shall have a Term of twelve (12) months from the start date as specified in this agreement
    5.3Aqary International may terminate this Agreement by giving you 7 days written notice if you breach any provision of this Agreement and fail to rectify the breach within 7 days of being given a notice to rectify the breach.
    5.4Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
    5.5You 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.
  11. PACKAGES, FEES AND PAYMENT
  12. 6.1Full payment in advance is the only acceptable forms of payments associated with these Terms.
    6.2We reserve the right to revise and amend these Terms at any time without notice. By continuing to provide CRM services via Aqary International XML, you are agreeing to be bound by this Agreement.

  13. LIMITATION OF LIABILITY AND INDEMNITY
  14. 7.1To the maximum extent allowable by UAE law, Aqary International:
    1. Excludes all conditions and warranties that might otherwise be inferred into this Agreement, whether those warranties are express or implied
    2. Will not be liable to you for any consequential, special or indirect loss or damage (including, but not limited to loss of opportunity, loss of revenue and loss of profits)
    3. Limits its liability for breach of any non-excludable condition or warranty to, at its option, the greater of resupplying the Service or paying the cost of having the Service resupplied
    4. Limits its liability in respect of any other claim in connection with this Agreement, whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
    7.2We will not be liable under this Agreement to the extent that liability is caused by any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
    7.3We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. 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 unauthorized access to our system or this Site.
    7.4We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with these Terms.
    7.5We will not be 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.
    7.6Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.

  15. GENERAL
  16. 8.1Aqary International will deal with a contact person nominated by the client (“Technical Contact”) in relation to any technical difficulties experienced with the clients’ use of the Service. As of the agreement with the subscriber.
    8.2The Service is designed to receive the Aqary International XML file sent by you, validate the data and then enter the valid data into the Aqary International database.
    8.3Aqary International database is updated once per 30 minutes, which then updates the Aqary International website.
    8.4No 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.
    8.5You must not assign the Agreement without our written consent.
    8.6The 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.
    8.7The laws of the UAE, as apply in the Emirate of Dubai apply.
    8.8You submit to the exclusive jurisdiction of the Courts of the UAE.
    8.9If 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.
    8.10Check this page frequently to take notice of any changes we made, as they are binding on you. We may revise these Terms at any time by amending this page. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available on the website.

Terms & Conditions For Exchange

  1. TERMS
  2. 1.1In these terms and conditions for users (“Terms of Use”) the terms “we", "our", "us" means Aqary International FZ LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
    1.2"Website" refers to www.aqaryint.com
    1.3By accessing and using this Website, you are agreeing to be bound by the Website’s Terms of Use and the Privacy Policy (together the “Terms”), 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, your sole option is to immediately cease your use of this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
    1.4You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
    1.5These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.

PF FLEX - TERMS & CONDITIONS

  1. DEFINITIONS
  2. 1.1 In these PF Flex terms and conditions (“Terms and Conditions”) the following terms shall have the following meaning: “we", "our", "us", “www.aqaryint.com”, “Aqary International” means Aqary International FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties. "you", "your" or "the Client" means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm, developer, hotel apartment provider, property owner or person or entity acting on behalf of a property owner and a user of the Service. “Content” means any and all content, listing details (including Qualifying Listings) and materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website. “Contract” means the Subscription Order (as defined below) and these Terms and Conditions. “Contract Term” means, the period from entering into the Contract until the Services are deemed utilized at the end of the last Credit Term. “Credit” means each pre-paid credit payable as a lump sum or monthly for the Service as set out in the Subscription Order. “Credit Term” means each monthly period in the Contract Term during which time the Credit must be assigned to a Qualifying Listing. “Disqualifying Event” has the meaning set out in clause 8.5. “Exclusivity Form” means the standard form approved by us which must be signed by the property owner or the property owner’s representative granting you exclusive rights to market and rent or sell a specific property “Exclusivity Rights” means an agent with a valid Aqary International Contract having provided us with a validly signed and dated Exclusivity Form. “Fee” means the amount due to us by you under the Subscription Order. “Listing Term” means the duration of a product’s life cycle, as is indicated on the “listing type window” in our Manager CRM System, and counted from the date of the Listing Request, as set out in these Terms and Conditions. “Listing Request” means the request to use Credit to activate the Services in relation to a particular Qualifying Listing, as set out in clause 4 “Membership” means your entitlement to the Services (under a Contract) subject to these conditions. “Qualifying Listing” means an active and valid sale or rental listing on the Website with an identification number that complies with provisions set forth in these Terms and Conditions. "Service" means the provision of a PF Flex package which can be only redeemed against standard listings, featured listings, and premium listings. Service shall exclude any type of single-use listing product, including single-use premium listings. “Subscription Order” means, as the case may be:
    1. if you are contracting online the online subscription confirmation and the confirmation order; or
    2. the hard copy order form you receive from us,
    that you complete indicating the Service you request us to provide. “Top-Up Credit” means any additional Credit(s) that you purchase within a Credit Term by signing a Subscription Order which must be activated during the Credit Term and will run for the Listing Term. “Upgrade Credit” means an upgrade to your PF Flex package which by signing a Subscription Order increases the Credit available to you (and the amount payable by you) during each Credit Term of the Contract Term. "Website" means www.aqaryint.com

  3. CONTRACT
  4. 2.1 The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Order as follows:
    1. by pressing the “Confirm Order” button when submitting an online Subscription Order; or
    2. by signing a hard copy Subscription Order.
    2.2 If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorised to enter into the Contract.
    2.3 We reserve the right to reject any Subscription Order to provide any Service for any reason, at our absolute discretion including but not limited to where:
    1. you have requested a Service which is not available to you;
    2. we believe you are not providing the services of a licensed real estate broker, developer, hotel apartment provider, property owner, or person or entity acting on behalf of a property owner; or
    3. we believe that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
    2.4 In the event of any conflict between these Terms and Conditions and the Subscription Order, these Terms and Conditions shall prevail.
    2.5 The Contract is between us and you only and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
    2.6 If you wish to use a third party real estate CRM service solution provider to publish data on the Website using an XML feed with us, that third party must be on Aqary International’s pre-approved list of CRM providers, which can be obtained by contacting info@aqaryint.com (such Aqary International pre-approved CRM providers being a “CRM Provider”). The third-party CRM solution provider must expressly agree and comply to all terms and conditions as set forth by us for CRM Providers for use of such a feed. Any failure to comply with or breach of the terms and conditions for CRM Providers could result in a suspension of such feed, to be determined within our discretion. It is your responsibility to assure that your CRM provider is in compliance with all the terms of that agreement. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the terms and conditions on our website for CRM Providers.
    2.6.1 These Terms and Conditions were last updated on July 21, 2020. It is effective between you and us as of the date of you accepting these Terms and Conditions. For existing users, acceptance is made by continuing to use the website, after each update.

  5. YOUR GENERAL OBLIGATIONS
  6. 3.1 You warrant and represent that you will:
    1. not act as a consumer in relation to the Membership;
    2. only advertise properties that are currently available for purchase or lease within the country, region, providence, state or emirate permitted by your Subscription Order. If your Subscription Order fails to state any specific country, region, providence, state or emirate, then you shall only advertise properties that are currently available for purchase or lease within the country in which the Aqary International domain that you are listing on is located;
    3. if relevant, be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or the otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
    4. if you are a property owner or person or entity acting on behalf of a property owner, provide all documentation as requested by us to prove your ownership of the relevant property, or your authority to act on behalf of the property owner (including but not limited to any power of attorney);
    5. have, and during the Listing Term maintain, the rights to market and rent or sell the properties listed in the Qualifying Listing in relation to which you have made a Listing Request;
    6. inform us promptly if you lose the rights to market and rent or sell the property listed in the Qualifying Listing in relation to which you have made a Listing Request;
    7. ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any Website other than our Website without our prior written consent;
    8. abide by any applicable rules and regulations related to electronic transactions and commerce;
    9. comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
    10. in your use of the Service, comply with all applicable laws and the Contract;
    11. within no more than seventy two (72) hours of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market you will either alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” "sold" or “let” as appropriate on the Website or will remove the property from the upload provided to us so that it is no longer displayed on the Website;
    12. if applicable, obtain the authority to market the properties in the Content; and
    13. ensure that the properties listed by you in the Content are only listed (including by any associated offices in your real estate group) once;
    14. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and that you have the authority to and grant us a license of the Content on the terms set out in clause 3.3 (c);
    15. not use our name or any logos, trade or services marks of ours in a defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
    16. provide a contactable telephone number. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will take no actions that would interfere with such monitoring, and you agree that us and our suppliers may record all telephone calls for the purposes of monitoring these; and
    17. ensure that only your authorized persons have access to the Services.
    3.2 You must ensure that:
    1. no other person, authorized or otherwise, makes use of your Membership of the Service; and
    2. you do not make any promotional or merchandising reference to us or our Website without our express written permission.
    3.3 You acknowledge and agree that:
    1. we have the right to reject any Subscription Order, or refuse to provide any Service to you for any reason in our absolute discretion;
    2. you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
    3. by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize reproduce, display, sell, publish, copy, license to other persons, use and adapt for any purpose and otherwise use the Content or data or other information derived there from for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This license shall survive termination of the Contract. You agree that we will not be required to, identify you as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed;
    4. 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 and we make no warranty nor any representations about the accuracy of the Service;
    5. systems or technological failure may impede or prevent access to all or any part of the property data;
    6. we are able to use any pictures of you or any of your agents that are employees of your firm in order to post on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
    7. 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;
    8. you are responsible for the security and integrity of your data;
    9. you are responsible to obtain and possess any necessary permits to market and publish listings on the Website; Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility on your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
    10. transmission of data over the Internet can be subject to errors and delays; and
    11. 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.
  7. LISTING REQUESTS
  8. 4.1 For you to use a Credit on a Qualifying Listing you must:
    1. be registered as an “admin” or “agent” user in our Manager CRM System, and have a valid and active Membership with us;
    2. have sufficient Credits in your account for the Qualifying Listing for the current Credit Term;
    3. submit Listing Request via our Manager CRM System.
    4.2 Each Listing Request must be made by you no later than the expiry of the Credit Term. Failure to do so will result in the Credit being deemed as used and being permanently lost.

  9. LISTING STATUS
  10. 5.1 After placing a Listing Request, you will be asked to confirm that you wish to proceed, after such time and, subject to clause 6 and 7, the Services shall be activated if we, in our discretion, are satisfied that the following criteria are met:
    1. the property listing in relation to which you want to use the Credit is a Qualifying Listing;
    2. the Contents in relation to the Qualifying Listing are in compliance with the Terms and Conditions and our guidelines, issued from time to time, including but not limited to Content guidelines; and
    3. you have sufficient Credits in your account for Qualifying Listing for the current Credit Term.
    5.2 Once we approve the Listing Request, we will provide you the Services for the relevant Qualifying Listing during the Listing Term, unless a Disqualifying Event occurs, in which case, the use of the Service for the activated Credit shall terminate. Once a Listing Request is approved, we will deduct the amount of the Credit for that Qualifying Listing from your total Credit account for that Credit Term.
    5.3 You can only use a given Credit for a Qualifying Listing possessing the Website identification number that matches the one held by the listing that the Listing Request is made. You cannot use the same Credit for different Qualifying Listing or transfer the Credit from one Qualifying Listing to another.
    5.4 At the expiry of a Listing Term of a standard listing or a featured or premium listing that has the auto-renew toggle set to the “off” setting, your Qualifying Listing shall automatically renew as a standard listing, resulting in an automatic deduction of the prevailing number of Credits for a standard listing at that time, unless one of the following events has occurred:
    1. You unpublish the Qualified Listing;
    2. The Contract T erm has expired;
    3. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.
    5.5 At the expiry of a Listing Term for a featured or premium listing, your Qualifying Listing shall automatically renew as the same type of listing, resulting in an automatic deduction of the prevailing number of Credits for such type of listing at that time, unless one of the following events has occurred:
    1. You toggle the “auto-renew” toggle in our Manager CRM System to the “off” setting.
    2. You unpublish the Qualified Listing;
    3. The Contract T erm has expired;
    4. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.
  11. CONTENT QUALITY OBLIGATIONS
  12. 6.1 You warrant and represent that the Content:
    1. is not unlawful, defamatory, false, misleading, deceptive or against public policy and that the Content will not expose us to any liability, legal proceedings or other sanction;
    2. does not infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
    3. is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
    4. will comply with the www.aqaryint.com image guidelines and any other guidelines set by us from time to time;
    5. will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information;
    6. refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
    7. will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing; and
    8. that is false or irrelevant will not be placed in an fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate.
    6.2 You acknowledge and agree that:
    1. we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
    2. we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Terms and Conditions;
    3. we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
    4. we may suspend, restrict, and/or limit your use of the Services, or terminate this Agreement in accordance with clause 8 if you fail to comply with the terms of this clause 6; and
    5. using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or Development must receive our written approval prior to being submitted through the Service.

  13. AKNOWLEDGMENTS
  14. 7.1 You acknowledge and agree that:
    1. we do not guarantee any minimum number of leads or any leads or impressions, unless otherwise stated in the Subscription Order at all as a result of your Membership;
    2. You cannot pause, cancel, or get a refund for any Credit, including but not limited to if a Qualifying Listing is not listed online or offline during part or whole of the Listing Term, or you decide to change the type of product used for that Qualifying Listing e.g. by upgrading from a standard listing to a premium listing.
    3. Any loss of a Credit that results from a Disqualifying Event shall not be subject to refund or compensation of any kind.
    4. once a Listing Request has been accepted, you cannot pause the Service or change the applicable listing;
    5. once a Listing Request has been accepted, we do not guarantee that any changes to the Qualifying Listing made after such time will be reflected on any banners or Content;
    6. you will not use any tracking data obtained by dropping cookies or using tracking tools on our Website to target, retarget, advertise or interact in any way with visitors or users of the Website; and
    7. the Services require upfront payment and such payment must be made prior to the Services being provided;
    8. you cannot use Credits or the Service if you have any other Subscription Order other than PF Flex in place with us;
    9. Credits can only be used in relation to Qualifying Listings and can only be redeemed against standard listing, featured listing, and premium listing products. Such use is excluded against any type of single-use listing product, including single-use premium listings.
  15. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
  16. 8.1 Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
    8.2 The term of your Contract will commence on the start date specified in the Subscription Order and will continue into effect until the expiry of the Contract Term or otherwise terminated in accordance with its terms.
    8.3 Following the expiry of the Contract Term your Contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes, including to the Fees.
    8.4 We may terminate this contract at any time for any reason provided that seven (7) days' written notice has been provided to you. Should you continue to use the Service following termination of the contract, you shall remain liable for any and all costs incurred by you.
    8.5 Without limiting our other rights, we may immediately sanction you, cancel or suspend or limit the Service, amend, and/or remove details of any property, agent, Qualifying Listing or otherwise, uploaded by you to our Website and/or terminate this Contract if any of the following events (a “Disqualifying Event”) occurs:
    1. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
    2. there are any changes to the Qualifying Listing, including but not limited to number of bedrooms, number of bathrooms, location and property type;
    3. the Qualifying Listing going under offer, sold, rented or foreclosed upon;
    4. failure of the Qualifying Listing to meet the provisions of Clause 5.1;
    5. listing of the Qualifying Listing under a price which does not match the request of the property owner or the property owner’s representative;
    6. we decide, at our sole discretion, to stop providing the Service.
    7. you fail to pay any fees, charges, or taxes due to us by the due date, or provide any security cheques as stipulated in the Contract;
    8. you have engaged in any unlawful actions while using or accessing our services and the Website shall be subject to sanctions and limitations as determined in our discretion.
    9. 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
    10. 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.
    8.6 We may immediately remove a listing or any details of a listing that is subject to Exclusivity Rights of another agent.
    8.7 Where payment obligations under your Contract are still owed by you, the Service may still be provided in our discretion, however limited, within our discretion, during the remainder of your Contract term until such payment is made.
    8.8 The exercise of any rights under this clause, including termination of this Contract does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to Clauses 6, 9 and 10, and any further terms as may be provided at the time of this Contract and we reserve our right to enforce such obligations and liabilities in any event.
  17. PACKAGES, FEES AND PAYMENT
  18. 9.1 Subject to you paying the Fee on or before it’s due date, you will be credited with the number of Credits set forth on the Subscription Order.
    9.2 During the Contract Term, you are permitted to purchase Top-Up Credits and Upgrade Credits by submitting a new Subscription Order, which is subject to acceptance by us. Upgrade Credits are considered to be an upgrade to your initial Credits that renew each Credit Term for the duration of the Contract Term, whereas Top-Up Credits are additional Credits bought via a Subscription Order that must be activated within the Credit Term and will run for the duration of the product as specified in the relevant Subscription Order.
    9.3 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 Subscription Order. You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Order or if no such date is specified from the date of acceptance, (which will be the date we receive your confirmation of the Subscription Order) if nothing is stated in your Subscription Order.
    9.4 If you have elected to pay via credit card, then please note that the service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
    9.5 If payment via credit card on a monthly basis was elected, then you shall be required to provide us with a security cheque(s), representing the value of the Subscription Order, or in the event of multiple security cheques, with each cheque representing a pro rata amount of the total Contract amount.
    9.6 The security cheques referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
    9.7 In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us, then you shall have seven (7) days to cure such “bounced” payment before we shall present and cash the security cheque.
    9.8 Please note that if the balance of the contract is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the contract.
    9.9 Please note that any cheque issued by you that "bounces" due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
    9.10 The current Fees for the Service are specified in your Subscription Order. 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 any variances to a Subscription Order shall be at our sole discretion. As a general rule, our packages cannot be cancelled, refunded or transferred once a Subscription Order has been entered into. If we agree to change package during your Subscription Order term, then we reserve the right to amend any such terms in the Subscription Order including but not limited to the Fees.
    9.11 In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms and Conditions, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with these Terms and Conditions from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
    9.12 If your Membership has been suspended, interrupted, and/or ceased for any reason during the term of your Subscription Order you will still be liable to pay any Fee due to us regardless of you receiving the Services.
    9.13 We reserve the right to amend any terms in a Subscription Order, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of these Terms and Conditions for your future reference.
    9.14 You only have the right to a refund if a duplicate transaction is received by Us. In this case, the duplicate portion of the payment will be refunded. For the avoidance of doubt, no other amounts payable under these Terms and Conditions are refundable.
    9.15 In the cases of fraudulent or disputed transactions, you should refer the issue to your credit card provider. In all instances of payments, you are liable for any levied charges by the bank(s) or the credit card clearance provider.
    9.16 All Credit which has not been activated by the end of the Credit Term will expire and will not roll over to the next Credit Term.
    9.17 All Top-Up Credit which has not been activated before the end of the Credit Term will expire by the Credit Term.
    9.18 All Credit which remains unused at the end of the Contract Term will expire and be deemed to have been used.
  19. LIMITATION OF LIABILITY AND INDEMNITY
  20. 10.1 To the extent allowable under laws applicable in the United Arab Emirates we:
    1. exclude all conditions and warranties implied into the Contract;
    2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
    3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
      1. resupplying the Service; or
      2. paying the cost of having the Service resupplied; and
    4. limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
    10.2 We will not be liable under the Contract to the extent that liability is caused by:
    1. any breach of your obligations under your Contract with us; or
    2. any delay in performance or breach of your Contract 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 Website.
    3. 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.
  21. GENERAL
  22. 11.1 We may change these Terms and Conditions at any time on written notice. You acknowledge that our publishing of 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 the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
    11.2 Notwithstanding anything to the contrary in the Terms and Conditions we reserve the right to change the algorithm’s used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
    11.3 We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
    11.4 No delay or failure by us to enforce any provision of the Contract will bedeemed a waiver or create a precedent or will prejudice our rights.
    11.5 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
    11.6 You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
    11.7 This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
    11.8 Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”).
    11.9 Any further dispute, difference, controversy or claim arising out of or inconnection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
    11.10 If any term of the Contract or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

Single-Use Premium Listing Terms & Conditions

  1. DEFINITIONS
  2. 1.1In these Single-Use Premium Listing Terms and Conditions the following terms shall have the following meaning: “we", "our", "us", “www.aqaryint.com” means Aqary International FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties. "you", "your" or "the Client" means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm or a developer and a user of the Service. “Base Subscription Contract” means your contract that is subject to the Member Terms and Conditions, entitling you to list properties on the Website. “Category” means the specific details set forth on the Subscription Form, for the Single-Use Premium Listing Credit, as specifically relate to buy versus rent, and Restricted versus Unrestricted. “Content” means any and all content, listing details, images and materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website. “Contract” means the Subscription Form (as defined below) and these Single-Use Premium Listing Terms and Conditions, and the Member Terms and Conditions. “Contract Term” means the expiry of your Contract or your Base Subscription Contract, whichever is earlier. “Credit Term” means the thirty (30) day period for which a Single-Use Premium Credit shall remain in effect once the Single-Use Premium Listing Request is made by you. “Disqualifying Event” has the meaning set out in clause ‎6.3. “Fee” means the amount due to us by you under the Subscription Form. “Listing Term” means the period of 1 calendar month, counted from the date of the Single-Use Premium Listing Request, as set out in these Single-Use Premium Listing Terms and Conditions. “Qualifying Listing” means active and valid listings with a Website identification number, and that comply with provisions set forth in these Single-Use Premium Listing Terms and Conditions. “Restricted” means a listing within only certain communities or areas of an emirate. Only those listings within such communities or areas shall be deemed to meet the location standard of the Single-Use Premium Listing Criteria. Any listing outside of such communities or areas shall not meet the Single-Use Premium Listing Criteria. "Service" means having your Qualifying Listing receive a boost in the algorithm on our Website to improve their ranking for added exposure during the Listing Term. “Single-Use Premium Listing Credit” means the number of times you will be able to use the Service during the Credit Term, as set out in the Subscription From, and subject to the provisions herein. “Single-Use Premium Listing Criteria” means the type of transaction (i.e. whether buy or rent) and location type as is defined within the definitions of Restricted and Unrestricted, and pre-determined by us herein these Single-Use Premium Terms and Conditions, in relation to which you may use the Service, as set out in the Subscription Form. “Single-Use Premium Listing Request” means the request to use Single-Use Premium Listing Credits to activate the Services in relation to a particular Qualifying Listing, as set out in clause ‎4. “Subscription Form” means, as the case may be:
    1. if you are contracting online: the online subscription order form that you receive from us by email; or
    2. the hard copy subscription order form you receive from us,
    that you complete indicating that you wish to buy Single-Use Premium Listing Credits from us, the number of Single-Use Premium Listing Credits you wish to buy for each Credit Term, and the Single-Use Premium Listing Criteria.
    “Unrestricted” means a listing located within any community or area of an emirate. Such a listing shall be deemed to meet the location standard of the Single-Use Premium Listing Criteria.
    "Website" means www.aqaryint.com

  3. CONTRACT
  4. 2.1 For you to buy Single-Use Premium Listing Credit you must enter into the Contract. The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Form as follows:
    1. by pressing the “Confirm Order” button when submitting an online Subscription Form; or
    2. by signing a hard copy Subscription Form.
    2.2 If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorised to enter into the Contract.
    2.3 We reserve the right to reject any Subscription Form at our absolute discretion including but not limited to where we believe you are not providing the services of a licensed real estate broker or developer.
    2.4 In the event of any conflict or inconsistency between the following documents, they shall take precedence in the following order:
    1. Member Terms and Conditions;
    2. Single-Use Premium Listing Terms and Conditions;
    3. Subscription Form.
    2.5 The Contract is between us and you only and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
    2.6 These Terms and Conditions were last updated on 1 February 2020. It is effective between you and us as of the date of you placing a Subscription Form with us.

  5. YOUR OBLIGATIONS
  6. 3.1 You warrant and represent that you will:
    1. be the holder of a current license as a real estate broker or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
    2. in your use of the Service, comply with all applicable laws;
    3. have, and during the Listing Term maintain, the rights to market and rent or sell the properties listed in the Qualifying Listing in relation to which you have made a Single-Use Premium Listing Request;
    4. inform us promptly if you lose the rights to market and rent or sell the property listed in the Qualifying Listing in relation to which you have made a Single-Use Premium Listing Request.
  7. SINGLE-USE PREMIUM LISTING REQUESTS
  8. 4.1 For you to use a Single-Use Premium Listing Credit on a Qualifying Listing you must:
    1. be registered as an “admin” or “agent” user in our Manager CRM System, and have a valid and active subscription listing contract with us;
    2. have sufficient Single-Use Premium Listing Credits in your account for the current Credit Term;
    3. submit Single-Use Premium Listing Request via our Manager CRM System;
    4. submit Single-Use Premium Listing Request which fall within the Single-Use Premium Listing Criteria. Any listing not complying with the same shall not be deemed to be a Qualifying Listing.

  9. SINGLE-USE PREMIUM LISTING STATUS
  10. 5.1 After placing a Single-Use Premium Listing Request, you will be asked to confirm that you wish proceed, after such time and, subject to clause ‎6 and ‎7, the Services shall be activated if we, in our discretion, are satisfied that the following criteria are met:
    1. the property listing in relation to which you want to use the Single-Use Premium Listing Credit is a Qualifying Listing which matches the Single-Use Premium Listing Criteria;
    2. the Contents in relation to the Qualifying Listing are in compliance with the Member Terms and Conditions and our guidelines, issued from time to time, including but not limited to Content guidelines; and
    3. you have sufficient Single-Use Premium Listing Credits in your account for the current Credit Term.
    5.2 Once we approve the Single-Use Premium Listing Request, we will provide you the Services for the relevant Qualifying Listing during the Listing Term, unless a Disqualifying Event occurs, in which case, the use of the Service for the activated Single-Use Premium Listing Credit shall terminate. Once a Single-Use Premium Listing Request is approved, we will deduct the amount of the Single-Use Premium Listing Credit for that Qualifying Listing from your total Single-Use Premium Listing Credit account for that Credit Term.
    5.3 You can only use a given Single-Use Premium Listing Credit for a Qualifying Listing possessing the Website identification number that matches the one held by the listing that the Single-Use Premium Listing Request is made. You cannot use the same Single-Use Premium Listing Credit for different Qualifying Listing or transfer the Single-Use Premium Listing Credit from one Qualifying Listing to another.
    5.4 The Listing Term will run uninterruptedly and you cannot pause or cancel the use, or get a refund, of the Single-Use Premium Listing Credit used for a Qualifying Listing, even if that Qualifying Listing is not listed online or offline during part or whole of the Listing Term.
  11. CREDIT TERM, SUSPENSION OR TERMINATION OF SERVICE
  12. 6.1 You may use your Single-Use Premium Listing Credit for any Qualifying Listing during the Contract Term. You can carry forward any unused Single-Use Premium Listing Credit for 1 additional calendar month, but you must use all such credits before the expiry of the 1 additional calendar month. Any Single-Use Premium Listing Credit which has been carried forward and still remains unused at the end of the 1 additional calendar month will expire and shall be deemed to have been used.
    6.2 The term of your Contract will commence on the start date specified in the Subscription Form and continue into effect until the expiry of the Contract Term or otherwise terminated in accordance with its terms. Subject to you paying the Fee as set out in clause 7 below, each month during the Contract Term, on the anniversary date of the start date specified in the Subscription Form you will be credited with the number of Single-Use Premium Listing Credits set forth on the Subscription Form.
    6.3 Without limiting our other rights, we may immediately sanction you, cancel or suspend or limit the Service and/or temporarily remove details of any property, agent, Qualifying Listing or otherwise, uploaded by you to our Website and/or terminate this Contract if any of the following events (a “Disqualifying Event”) occurs:
    1. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
    2. there are any changes to the Qualifying Listing, including but not limited to number of bedrooms, number of bathrooms, location and property type;
    3. the Qualifying Listing going under offer, sold, rented or foreclosed upon;
    4. failure of the Qualifying Listing to meet the provisions of Clause 5.1;
    5. listing of the Qualifying Listing under a price which does not match the request of the property owner or the property owner’s representative; or
    6. we decide, at our sole discretion, to stop providing the Service.
    6.4 Termination of this Contract pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to clauses ‎7, ‎8 and ‎9, and any further terms as may be provided at the time of this Contract and we reserve our right to enforce such obligations and liabilities in any event.
    6.5 All Single-Use Premium Listing Credit which remains unused at the end of the Contract Term will expire and be deemed to have been used.

  13. PAYMENT
  14. 7.1 We will not provide the Services until we have received payment of the Fee in full and clear funds. You shall pay the Fee on a monthly basis by cheque or credit card. In the instance where you elect to pay by cheque, you must provide a postdated cheque for each month of the contract, dated for payment on the monthly anniversary date of the Contract’s start date.
    7.2 If payment via credit card on a monthly basis was elected, then you shall be required to provide us with security cheque(s), with each cheque representing a pro rata amount of the total Contract amount. The number of security cheques shall be at the sole discretion of the Company.
    7.3 The security cheque(s) referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
    7.4 In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us , then we shall give you notice in writing of the “bounced” payment and provide you until the end of that month to cure the “bounced” payment. At the expiry of the month, in the event that the “bounced” payment is not cured, then we shall present and cash the security cheque.
    7.5 Please note that if the balance of the contract is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the contract.
    7.6 You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Form or if no such date is specified from the date of acceptance, (which will be the date we receive your confirmation of the Subscription Form) if nothing is stated in your Subscription Form.
    7.7 Please note that any cheque issued by you that "bounces" due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
    7.8 Without limiting our rights or remedies, all overdue payments pursuant to a Subscription Form shall accrue interest at the rate of 1% per month of the total amount of such Subscription Form plus such amounts outlined in Clause 7.3.
    7.9 In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with these Terms from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
    7.10 We reserve the right to amend any terms in a Subscription Form, including fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of the Contract for your future reference.
    7.11 If you elect to pay the Fee by credit card, in case of fraudulent or disputed transactions you shall refer to your credit card provider. We make no enquiries in relation to the legitimate use of the credit card for payment of the Fee. In all instances of payments, you are liable for any levied charges by the bank(s) or the credit card clearance provider.

  15. LIMITATION OF LIABILITY AND INDEMNITY
  16. 8.1 To the extent allowable under laws applicable in the United Arab Emirates we:
    1. exclude all conditions and warranties implied into the Contract;
    2. exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue and loss of profits);
    3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
      1. resupplying the Service; or
      2. paying the cost of having the Service resupplied; and
    4. limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
    8.2 We will not be liable under the Contract to the extent that liability is caused by:
    1. any breach of your obligations under your Contract with us; or
    2. any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, utilities disruptions, other defects or failure of the server hosting our Website.
    8.3 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 listings, Content, material generated by you in connection with the Service, or this Contract.
  17. GENERAL
  18. 9.1 We may change these Single-Use Premium Listing Terms and Conditions at any time on written notice. You acknowledge that our publishing of the amended version of the Single-Use Premium Listing Terms and Conditions at this link on our Website constitutes written notice to you of such changes.
    9.2 Notwithstanding anything to the contrary in the Single-Use Premium Listing Terms and Conditions we reserve the right to change any algorithm used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
    9.3 We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
    9.4 No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
    9.5 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
    9.6 You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
    9.7 This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
    9.8 Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”).
    9.9 Any further dispute, difference, controversy or claim arising out of or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
    9.10 If any term of the Contract or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

Live Viewings - Terms Of Use

  1. DISCLAIMER
  2. Live Viewings are conducted by our customers. The information communicated in a Live Viewing does not represent the views of Aqary International.You rely on a Live Viewing completely at your own risk. Aqary International makes no warranty as to the accuracy or reliability of the information contained or communicated in a Live Viewing and Aqary International and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything communicated in a Live Viewing.
    Aqary International FZ LLC (“Aqary International”) has launched a virtual property viewing functionality (“Live Viewings”) on the www.aqaryint.com platform, which includes its website and app (“Platform”) to enable more efficient and convenient property viewers for our users. If you sign up for, or attend a Live Viewing on the Platform, you agree to be bound by these Live Viewing Terms of use (“Terms of Use”). These Terms of Use, the Terms and Conditions for Users and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering for or attending a Live Viewing or our Platform, you are deemed to have accepted these Terms. We reserve the right to change any or all of our Terms at any time by publishing the new terms on our Platform. Should you object to any of our Terms your sole option is to immediately cease your use of our Platform. To attend a Live Viewing, you must:
    1. register to attend the relevant Live Viewing on the Platform; and
    2. accept these Terms of Use
    Information disseminated in a Live Viewing or on our Platform should not be regarded as a substitute for professional legal, financial or real estate advice.
  3. RESTRICTIONS ON USE OF LIVE VIEWINGS
  4. In accessing a Live Viewing, you agree that you will not:
    1. use any automated device, software, process or means to access, record, retrieve, scrape, or index the content in the Live Viewing or on our Platform;
    2. use any device, software, process or means to interfere or attempt to interfere with the proper working of the Live Viewing or on our Platform;
    3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
    4. use the Live Viewings in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
    5. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
    6. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
    7. act in violation of any of the Terms or any applicable law;
    8. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
    9. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
    10. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
    We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Live Viewings functionality or our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

  5. THIRD PARTY LINKS AND ADVERTISING
  6. Live Viewings may contain advertisements, hyperlinks and pointers to websites operated by third parties, such as the relevant real estate agency / broker conducting the Live Viewing. Those third-party websites do not form part of our Platform and are not under the control of or the responsibility of Aqary International. Aqary International makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.
  7. AQARY INTERNATIONAL XML SETUP AND FUNCTIONAL SPECIFICATIONS
  8. 4.1The Aqary International XML format specification will be provided to you. It is then your responsibility to ensure that your computer system is capable of generating the appropriate data files to be sent to Aqary International in the correct XML format.
    4.2It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
    4.3Aqary International will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
    4.4Aqary International will activate clients’ feed after receiving a written confirmation from the client with the feed link

  9. CONTRIBUTIONS
  10. In this section ‘Contributions’, means information that you share on our Platform as permitted under the Terms, which may include but is not limited to questions you ask during a Live Viewing.
    Aqary International may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Aqary International may remove or disable access to any or all your Contributions if it considers that:
    1. those Contributions are in breach of any law or regulation;
    2. those Contributions infringe the intellectual property rights of Aqary International or any other third party;
    3. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
    4. those Contributions are misleading or deceptive, inappropriate having regard to the purpose of Live Viewings, likely to cause offence, materially incorrect, obscene, defamatory or otherwise unlawful.
    You grant Aqary International a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Aqary International and these terms.
    You acknowledge and accept that in order to deliver the service to you, Aqary International must process and store your IP address.
    You represent and warrant that you own and control all of the rights to the Contributions or you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Aqary International to display the Contributions.
    You represent and warrant that you will not make any Contributions that:
    1. infringe the intellectual property rights of Aqary International or any other third party;
    2. are misleading or deceptive;
    3. are materially incorrect;
    4. are likely to cause offence;
    5. directly or indirectly involve the advertising or marketing of any products or services;
    6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
    7. are defamatory;
    8. are otherwise unlawful or encourage unlawful conduct; or
    9. are otherwise inappropriate having regard to the purpose of our platform.
  11. PLATFORM PROVIDERS
  12. Live Viewings are conducted via YouTube and your attendance at a Live Viewing is also subject to YouTube terms of use (https://www.youtube.com/t/terms).

  13. INDEMNITY
  14. You agree to indemnify and hold Aqary International and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to Live Viewings and our Platform.
  15. LIMITATION OF LIABILITY
  16. IN NO EVENT SHALL AQARY INTERNATIONAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF AQARY INTERNATIONAL AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AED1000.
    Live Viewings are provided on an "as is" and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate 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, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of Live Viewings.
  17. GOVERNING LAW AND JURISDICTION
  18. These Terms and Conditions will be governed by and construed in accordance with the laws of the United Arab Emirates as applicable in Dubai and you irrevocably and unconditionally submit to the jurisdiction of the courts of Dubai.

  19. CONTACT DETAILS
  20. If you have any queries, complaints or recommendations about the Platform or the Live Viewings feature, please contact us at the following address: info@aqaryint.com.