A. Terms & Conditions for Users
B. Terms and Conditions for Agents & Advertisers
C. Terms & Conditions for CRM Providers
A. Terms & Conditions for Users
2. Use license & restrictions
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- use any automated device, software process or means to access, retrieve, scrape, or index our Website or any content on our Website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
- 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;
- use or index any content or data on our Website for purposes of:
- constructing or populating a searchable database of properties,
- building a database of property information; or
- competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- 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;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any such terms or other condition posed by us or any applicable law;
- 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
- transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive manner.
3. Your responsibilities
- any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
- 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;
- the use of, or inability to use, our Website;
- the reliance on any content or information displayed on our Website;
- any direct, consequential, special or punitive loss, damage, costs and expenses;
- loss of profit;
- loss of business;
- loss of reputation;
- depletion of goodwill; or
- loss of, damage to or corruption of data.
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.
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions;
- misleading or deceptive;
- inappropriate having regard to the purpose of our Website;
- likely to cause offence;
- materially incorrect;
- otherwise unlawful and/or against the customs or norms of the region in which this Website is referred too; or
- corrupted, due to the presence of a virus or other disabling code.
- 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 us to display the Contributions.
- 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
- 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.
- you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
- 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
- you will not make any Contributions that:
- are misleading;
- are deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our Website.
10. Intellectual property
11. Electronic communications
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
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 email@example.com
B. Terms and Conditions for Agents & Advertisers
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.
“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:
- a process that will facilitate your uploading and managing your own properties’ listings and property developments;
- brand booster for agents who want to increase their brand exposure to all buyers and sellers by having their logo presented on all their properties’ listings on the search results pages and on all properties’ listings sent by e-mail alerts;
- online banner advertising and banner ad impressions that appear on our Website on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;
- micro-website and advertising banner creative development services;
- having your properties signified as "Featured and/or Premium" on our Website to improve their ranking for added exposure;
- having your properties rotated through the top position(s) via our "Smart Ads" product;
- a process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product;
- the process of having your properties and company profile appear on affiliated print publications ;
- inclusion of your properties in e-mail alerts;
- website and banner design services; and
- email marketing campaigns.
“Subscription Order” means, as the case may be:
- if you are contracting online the online subscription confirmation and the confirmation order; or
- (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
- by pressing the “Confirm Order” button when submitting an online Subscription Order; or
- by signing a hard copy Subscription Order.
- you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
- that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
3. Your obligations
- not act as a consumer in relation to the Membership;
- only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your Subscription Order;
- 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;
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure that you do not make, arrange or 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;
- abide by any applicable rules and regulations related to electronic transactions and commerce;
- 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;
- in your use of the Service, comply with all applicable laws;
- not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
- 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;
- 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;
- 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;
- 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);
- 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;
- 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
- 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.
- 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;
- ensure that no other person, authorized or otherwise, makes use of your Membership to the Service; and
- you do not make any promotional or merchandising reference to us or our Website without our express written permission.
- you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
- 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;
- 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;
- 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;
- 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.
- systems or technological failure may impede or prevent access to all or any part of the property data;
- 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;
- you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us;
- you are responsible for the security and integrity of your data;
- 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;
- transmission of data over the Internet can be subject to errors and delays; and
- 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
- 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;
- you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- any material supplied by you is false, misleading, offensive, or against public policy;
- any material supplied by you is unlawful or violates any copyrights, trademarks, or other rights of any third party;
- 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.
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
5. Packages, Fees and Payment
6. Refund policy
7. Limitation of Liability and Indemnity
- exclude all conditions and warranties implied into the Contract;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the 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.
- any breach of your obligations under your Contract with us; or
- 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.
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
2. You acknowledge that:
3. Important Note:
- The client must first contact you for support if they have any issues with transferring their property data to DUBAI-NEW-PROPERTY.COM .
- 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.
- 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
5. Agreement Term, Suspension or Termination of Service
6. Packages, Fees and Payment
7. Limitation of Liability and Indemnity
- Excludes all conditions and warranties that might otherwise be inferred into this Agreement, whether those warranties are express or implied
- 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)
- 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
- 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.
- Any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
- 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.
- 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
- 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.
- 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.