Terms and Conditions

A.  Terms & Conditions for Users
B.  Terms and Conditions for Agents & Advertisers
C.  Terms & Conditions for CRM Providers

 

A.  Terms & Conditions for Users

1. Terms

1.1 In these terms and conditions for users (“Terms of Use”) the terms “we", "our", "us" means MLMA SASU and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
1.2 "Website" refers to DUBAI-NEW-PROPERTY.COM
1.3 By 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.
1.4 You 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.
1.5 These Terms were last updated on December 28, 2017. It is 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.

2. Use license & restrictions

2.1 Permission 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.
2.2 In 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.
2.3 We 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.
2.4 This 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.

3. Your responsibilities

3.1 We are not an estate agency and we provide a service whereby agents may market and you may view property details (“Details”) together with other content hosted and developed by us. Agents 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.
3.2 Details 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.
3.3 You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
3.4 You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
3.5 You are responsible for ensuring that you act in good faith towards any other parties.
3.6 You 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;

4. Limitations

4.1 In 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.
4.2 We 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.
4.3 Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
4.4 We 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.
4.5 If 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.

5. Revisions and errata

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.

6. Availability of website

We strive to ensure that our Website and the services are available to you at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.

7. Links & third parties

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.

8. Site terms of use modifications

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.

9. Contributions

9.1 In 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.
9.2 We 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.
9.3 To 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.
9.4 You 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.
9.5 For 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.
9.6 You 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.

10. Intellectual property

10.1 Unless 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.
10.2 We, 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.
10.3 Our 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.
10.4 Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.

11. Electronic communications

11.1 When 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.

12. Indemnity

12.1 You 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.

13. Disclaimer

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.

14. Monitoring and recording telephone calls

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.

15. Governing law

15.1 These Terms of Use and your access to the Website is subject to and governed by the laws of France. You agree to submit to the exclusive jurisdiction of the Courts of Nice in France.
15.2 If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

16. Contact us

16.1 DUBAI-NEW-PROPERTY.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 DUBAI-NEW-PROPERTY.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 contact@mlma.fr

If you have any queries, complaints or recommendations about these Terms of Use, please contact us at the following address:  info@dubai-new-property.com

 

B.  Terms and Conditions for Agents & Advertisers

1. Definition

1.1 In these Member Terms and Conditions the following terms shall have the following meaning:

“we", "our", "us", “DUBAI-NEW-PROPERTY.COM” means MLMA SASU 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 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 Member Terms and Conditions and the Privacy Policy.

“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 ;
  9. inclusion of your properties in e-mail alerts;
  10. website and banner design services; and
  11. email marketing campaigns.
    “Subscription Order” means, as the case may be:
  12. if you are contracting online the online subscription confirmation and the confirmation order; or
  13. (a) the hard copy order form you receive from us, that you complete indicating the Service you request us to provide. "Website" means DUBAI-NEW-PROPERTY.COM

2. Contract

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 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.
2.4 In the event of any conflict between these Member Terms and Conditions and the Subscription Order, these Member 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 DUBAI-NEW-PROPERTY.COM pre-approved list of CRM providers, which can be obtained by contacting contact@mlma.fr  . 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.
2.7 These Terms and Conditions were last updated on December 28, 2017. 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.

3. Your obligations

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 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 material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
  5. 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;
  6. abide by any applicable rules and regulations related to electronic transactions and commerce;
  7. 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;
  8. in your use of the Service, comply with all applicable laws;
  9. not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
  10. be responsible for the integrity of the Content which 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;
  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. 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;
  13. 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);
  14. 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;
  15. 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
  16. ensure that only your authorized persons have access to the Services and that where you provide Content you will only do so in a format 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 laid out, and not to use these areas to advertise ancillary company information.
3.2 You must ensure that:
  1. Content submitted through the Service by you 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;
  2. ensure that no other person, authorized or otherwise, makes use of your Membership to the Service; and
  3. 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. 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 under any obligation to monitor or censor the Content generated by you or any such 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, we may remove, cause to be removed, amend or decline to display any Content on the Website;
  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. you are responsible for updating your listings to follow the DUBAI-NEW-PROPERTY.COM image guidelines, we reserve the right to penalize any images content we deem unfitting.
  6. systems or technological failure may impede or prevent access to all or any part of the property data;
  7. 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;
  8. 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;
  9. you are responsible for the security and integrity of your data;
  10. 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;
  11. transmission of data over the Internet can be subject to errors and delays; and
  12. 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.

4. Agreement Term, Suspension or Termination of Service

4.1 Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
4.2 Unless otherwise stated in this Contract shall have a term of twelve (12) months from the date of the start date specified in Subscription Order (“Term”).
4.3 Following 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.
4.4 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.
4.5 Without 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 or charges due to us by the due date, or any post dated 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. any material supplied by you is false, misleading, offensive, or against public policy;
  4. any material supplied by you is unlawful or violates any copyrights, trademarks, or other rights of any third party;
  5. 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.
  6. 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
  7. 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.
4.6 Termination of this Contract pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Contract 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.

5. Packages, Fees and Payment

5.1 The Service will not be activated until full payment has been provided by 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.
5.2 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.
5.3 If payment via credit card on a monthly basis was elected for a 12-month Contract, then you shall be required to provide us with your choice of 2 or 4 security cheques, with each cheque representing a pro rata amount of the total Contract amount.
5.4 If payment via credit card on a monthly basis was elected for a 6-month Contract, then you shall be required to provide us with your choice of one or two security cheques, with each cheque representing a pro rata amount of the total Contract amount.
5.5 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 will result in the suspension of the services, until such time that the security cheque is provided to us.
5.6 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 300 euros 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).
5.7 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 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.
5.8 If 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.
5.9 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 Member Terms and Conditions for your future reference.

6. Refund policy

6.1 Content posted on DUBAI-NEW-PROPERTY.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
6.2 In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.

7. Limitation of Liability and Indemnity

7.1 To the extent allowable under laws applicable in France 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.
7.2 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.
7.3 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.

8. General

8.1 We 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.
8.2 Notwithstanding 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.
8.3 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.
8.4 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
8.5 You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
8.6 This Contract is subject to and governed by the laws of France.
8.7 You submit to the exclusive jurisdiction of the Courts of Nice in France
8.8 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.

C.  Terms & Conditions for CRM Providers

We", "Our", "Us" refers to MLMA SASU trading as "DUBAI-NEW-PROPERTY.COM" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.

"Our web site" refers to DUBAI-NEW-PROPERTY.COM

"You", "Your" or refers to you as the CRM provider

"the Client" refers to the company using the CRM services to publish on DUBAI-NEW-PROPERTY.COM

These Terms and Conditions were last updated on December 28, 2017. It is effective between you and us as of the date you accept these Terms, and you do so by default through providing CRM services through the Website.

The following are the standard terms and conditions ("Terms and Conditions") that apply to all CRM providers for DUBAI-NEW-PROPERTY.COM clients.

1. Your obligations. In accessing or using our websites you agree that you will not

1.1 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
1.2 Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
1.3 Act in violation of any Term of Use or other condition posed by us or any applicable law;
1.4 Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorized by us
1.5 Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
1.6 Obscure or block correct data from being uploaded via propertyfnder XML; or upload misleading or incorrect data via DUBAI-NEW-PROPERTY.COM  XML

2. You acknowledge that:

2.1 This Agreement is a separate agreement from the agreement between the client and DUBAI-NEW-PROPERTY.COM  .
2.2 You must ensure that the data sent by the client is in the correct DUBAI-NEW-PROPERTY.COM XML format, following the correct propertyfinder XML specifications, is not corrupt and is valid data.
2.3 You must notify DUBAI-NEW-PROPERTY.COM 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 propertyfinder you must also provide a list of all subscribers and listings that are affected.

3. Important Note:

3.1 The CRM provider should have a traceable record of performance within the UAE to link with our system and we reserve the right to refuse any provider that does not meet this requirement.
3.2 You must be available to provide support to the clients using your service.
  1. The client must first contact you for support if they have any issues with transferring their property data to DUBAI-NEW-PROPERTY.COM  .
  2. You must be available during UAE business hours Sunday to Thursday to provide support to the clients using your service. For the purposes of this clause, “local business hours” means the hours of 9am to 6pm, Sunday to Thursday, in the place where your clients are located.
  3. You must check your data processing log files daily to ensure there are no technical problems preventing the transfer of property data to DUBAI-NEW-PROPERTY.COM  .

4. DUBAI-NEW-PROPERTY.COM  xml setup and functional specifications

4.1 The DUBAI-NEW-PROPERTY.COM 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 DUBAI-NEW-PROPERTY.COM in the correct XML format.
4.2 It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
4.3 DUBAI-NEW-PROPERTY.COM will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
4.4 DUBAI-NEW-PROPERTY.COM will activate clients’ feed after receiving a written confirmation from the client with the feed link

5. Agreement Term, Suspension or Termination of Service

5.1 This Agreement continues until terminated in accordance with the terms of this Agreement.
5.2 Unless otherwise stated in the Agreement, this Agreement shall have a Term of twelve (12) months from the start date as specified in this agreement
5.3 DUBAI-NEW-PROPERTY.COM 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.
5.4 Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
5.5 You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.

6. Packages, Fees and Payment

6.1 Full payment in advance is the only acceptable forms of payment for this Agreement.
6.2 We reserve the right to revise and amend these Terms of Use and any such Terms for the Website at any time without notice. By continuing to provide CRM services via DUBAI-NEW-PROPERTY.COM XML, you are agreeing to be bound by this Agreement.

7. Limitation of Liability and Indemnity

7.1 To the maximum extent allowable by France law, DUBAI-NEW-PROPERTY.COM :
  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.
7.2 We will not be liable under this Agreement to the extent that liability is caused by:
  1. Any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
  2. We 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.
  3. We 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
  4. We 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.
  5. Nothing 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.

8. General

8.1 DUBAI-NEW-PROPERTY.COM  will deal with the Technical Contact nominated by the client in relation to any technical difficulties experienced with the clients’ use of the Service. As of the agreement with the subscriber.
8.2 The Service is designed to receive the DUBAI-NEW-PROPERTY.COM  XML file sent by you, validate the data and then enter the valid data into the DUBAI-NEW-PROPERTY.COM  database.
8.3 DUBAI-NEW-PROPERTY.COM  database is updated once per 30 minutes, which then updates the DUBAI-NEW-PROPERTY.COM website.
8.4 No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
8.5 You must not assign the Agreement without our written consent.
8.6 The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
8.7 DUBAI-NEW-PROPERTY.COM and MLMA SASU apply the laws of France.
8.8 You submit to the exclusive jurisdiction of the Courts of Nice in France.
8.9 If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
8.10 Check 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.