1st of January 2024 (the “Effective Date”)
- By using paymehere.net (the “Website”), you confirm
that you have read, understood and accept these terms of use (the “Terms”)
as the terms which govern your access to and use of the Website and the
Service and you agree to comply with it. If you do not accept or agree to
comply with these Terms, you must not use this Website. Additionally, when
using a portion of the Service, you agree to conform to any applicable
posted guidelines for such Service, which may change or be updated from time
to time at our sole discretion.
- These Terms are made between PMH
PORTAL (“we” “us” “our”, the “Company”,
as applicable) and you (“you” or the “User”).
The Company is a Sole Establishment company established in Dubai for the
sole purpose of providing a platform for sellers who reside in UAE to
advertise their properties in their home countries and get paid in UAE to
benefit from the stable currency and economy of the UAE.
- If you are a company advertising
on our Website, you will be required to enter into additional terms and
conditions set out in our Advertising Agreement, however, please note that
these Terms will still apply and must be read in conjunction with any other
agreement you enter into with the Company.
- DEFINITIONS
The following capitalized terms shall have the following meaning, except where the context otherwise requires:
- “Advertising Agreement”
– an agreement for the provision of advertising services or products
entered into between the Company and the Client.
- “Ad Services Package”
– the bundle of advertising products or services which the Company agrees
to provide to the Customer, as set out in the relevant order form
provided by the Company and signed by the Client to order the Ad Services
Package under these Terms and the terms of the Advertising Agreement.
- “Affiliates” – any
company that is controlled or owned by PMH PORTAL, and any company
commonly controlled or owned by PMH PORTAL.
- “PMH PORTAL” – PMH
PORTAL which is the owner of www.paymehere.
- “Client” – the
client entity that is party to the Advertising Agreement.
- “Customer” – any
customer of the Client.
- “Effective Date” –
the date set out at the top of these Terms.
- “Intellectual Property
Rights” – all intellectual property, including patents, trademarks,
rights in goodwill, database rights and rights in data, rights in
designs, copyrights and topography rights (whether or not any of these
rights are registered, and including applications and the right to apply
for registration of any such rights) and all inventions, rights in
know-how, trade secrets and confidential information, customer and
supplier lists and other proprietary knowledge and information and all
rights under licenses and consents about any such rights and all rights
and forms of protection of a similar nature or having equivalent or
similar effect to any of these which may subsist anywhere in the world
for their full term, including any renewals and extensions.
- “Interactive Features”
– any interactive services available on the Website.
- “Material” –
material and content published on the Website or otherwise provided by
the Company in connection with the Service.
- “Posting Agents” –
a third-party agent, service or intermediary that offers to post Material
to the Service on behalf of others.
- “Privacy Policy” –
the privacy policy of the Company from time to time.
- “Product” – an
online classifieds advertising platform provided on the Website and the
Ad Services Package.
- “Registration Details”
– the details a User must provide upon registering for the Website from
time to time (for example: name, phone numbers, email address, age and/or
address).
- “Service” – the
provision of the Website, the Product and the Interactive Features.
- “Unacceptable”
– any material or information uploaded to or made available on the
Website which under the law of any jurisdiction from which the Website
may be accessed may be considered:
- illegal, illicit, indecent,
obscene, racist, offensive, pornographic, pedophilic, insulting, false,
unreliable, misleading, harmful or potentially harmful to minors,
threatening, libelous, alleged to be or defamatory or in infringement of
third party rights (of whatever nature and including, without
limitation, any Intellectual Property Rights), invasive of another’s
privacy or other rights, to relate to or encourage money laundering or illegal
gambling;
- in breach of any applicable
regulations, standards or codes of practice (notwithstanding that
compliance may not be compulsory);
- in contravention of
legislation, including without limitation, that relating to weapons,
animals or alcohol; or
- harmful to the Company’s
reputation.
- “User Material” – material and content posted on the
Website by a User or otherwise provided to PMH PORTAL by a User in
connection with the Website or the Service.
- GENERAL TERMS AND
CONDITIONS WHICH APPLY TO USERS
- In registering for this Website,
the User must provide true, accurate, current and complete Registration
Details which the User must update after any changes (except age) before
using the Website for further services in the future.
- The
User hereby understands that the Company is not facilitating any
transactions between buyers and sellers. The Company is just a platform
where sellers advertise their properties and assets for sale or rent, and
the buyers are required to conduct full due diligence in the country
where the property is listed, by themselves, a trusted family member or
their lawyer.
- Neither the Company nor any third parties provide
any warranty or guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information and materials found or
offered on this platform for any particular purpose. You acknowledge that
such information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to the
fullest extent permitted by law.
- In no event the Company will be liable for any
loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss of
data or profits arising out of, or in connection with, the use of this
website.
- Every effort is made to keep the website up and
running smoothly. However, PMH PORTAL takes no responsibility for, and
will not be liable for, the website being temporarily unavailable due to
technical issues beyond our control.
- The User hereby agrees and
acknowledges that the Website may contain advertisements placed by
advertisers or companies in the course of business for goods or services
(and which the Company takes no responsibility for). Advertisers or
companies using the Website or the Service to place adverts offering
goods or services of a business, commercial or trade nature must include
their full names in the advert and make it clear that they are selling
goods or services in the course of business either by the content,
format, size or place of the advertisement or by including words such as
“trade”, “dealer”, “agent”, “wholesale” or similar in the name of the
advert they submit for publication.
- The User hereby warrants and
represents to the Company that it is at least eighteen years of age and
legally able to enter into contracts.
- The Company reserves the
discretion to withdraw any Material or User Material from the Website
without prior notice and to refuse any User Material posted or provided
to the Company by a User.
- The User’s Registration Details
and data relating to its use of the Website and any Interactive Features
will be recorded by the Company but this information shall not be
disclosed to third parties (otherwise than on an aggregated, anonymous
basis, or in accordance with the Privacy Policy or in accordance with
Clause 2.6 below) nor used for any purpose unrelated to the Website or
the relevant Interactive Features. By agreeing to the terms, you
expressly give us permission to verify the authenticity of your details
by calling you on the phone number submitted to us. The call may be
recorded for quality assurance.
- The User hereby authorizes the
Company to use any information which it submits to the Website to inform
the User of special offers, occasional third-party offers and for other
marketing and related purposes. Without prejudice to Clause 2.5 above,
the Company will not use User data for any other purposes than as set out
in these Terms except that the Company may disclose this data if
compelled to do so by law, or at the request of a law enforcement agency
or governmental authority.
- If the User does not wish the
Company to use its information as set out in Clause 2.6 above, it should
leave the Website before submitting its personal details.
- If the User does not want the
Company to use its email address or SMS/mobile number to send information
concerning the Website and related matters, the User should send an email
message to info@paymehere.net and insert “unsubscribe” as the subject
heading of such message.
- You must keep confidential any
user identification and password details set up or given to you as part
of our security procedures and must not disclose them to any third party.
- The Company reserves the right
to suspend or terminate a User’s account where, in its absolute
discretion, it deems the User has breached these terms or deems such
suspension or termination is otherwise appropriate. In the event of such
suspension or termination, the Company will notify the User by email and
the User must not seek to re-register on any Website either directly or
indirectly through a related entity. The Company’s rights under this
Clause 2.10 shall not prejudice any other right or remedy the Company may
have in respect of any breach, or any rights, obligations or liabilities
accrued prior to such suspension or termination.
- For the avoidance of doubt, the
Company is providing a service, not goods.
- The website may stop working for
hours or days due to maintenance, hacking, technical issues or any other
reason; therefore, the company will not refund the client due to such
challenges except if the downtime exceeds 7 days within 30 days.
- The client cannot post fake
listings, fake photos, duplicate listings, expired listings, or sold
listings. If PMH PORTAL finds such listings it can delete them without
refunding the client. If the violation is repeated PMH PORTAL has the
right to close the client account and deduct 100% of its remaining value
as violation fees.
- PMH PORTAL reserves the right to
refuse to serve any client for any reason, with a full refund to be paid.
- The client is responsible for
the security of their own account; therefore, we recommend safeguarding
the account username and password to avoid account hacking.
- PMH PORTAL is not responsible if
the client deletes any of the paid listings intentionally or
unintentionally. Deleted listings are a permanent action, and the client
cannot ask the company to reactivate the ad or refund the listing fees.
- Each listing should contain
details of a single property. PMH PORTAL reserves the right not to approve
or delete any listing that has details about more than one unit.
- PMH PORTAL owns all Intellectual
Property Rights in and associated with the Website and the Service,
including without limitation, any trademarks, trade names, designs, text,
graphics and the selection and arrangement thereof. Nothing contained in
the Website should be construed as granting by implication or otherwise,
any license or right to use any trademark displayed on the Website
without our written permission. You may print off one copy and may
download extracts, of any page(s) from the Website for your personal use
and you may draw the attention of others to content posted on the Website
but you must not modify the digital or paper copies of any materials you
have printed off or downloaded in any way, and you must not use any
photographs or videos separately from any accompanying text. You agree
not to circumvent, disable or otherwise interfere with security-related
features of the Website or features that prevent or restrict use or
copying of any Materials or enforce limitations on use of the Website or
the Materials therein. Material displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, other laws, and international conventions. Any
reproduction, modification, creation of derivative works from or
redistribution of the Website, the Materials, or the collective work or
compilation is expressly prohibited. Copying or reproducing the Website,
the Materials, or any portion thereof for further reproduction or
redistribution is expressly prohibited.
- The Company takes reported and
actual violations of Intellectual Property Rights and fraud extremely
seriously and whilst Users cannot hold the Company liable in relation to
such issues, the Company requests all Users to report such matters
immediately to the Company, and the Company inform the appropriate
authorities.
- If you are an owner of
Intellectual Property Rights or an agent who is fully authorised to act
on behalf of the owner of Intellectual Property Rights and believe that
any Material or other content infringes upon your Intellectual Property
Right or the Intellectual Property Rights of the owner on whose behalf
you are authorised to act, you may submit a notification to the Company
together with a request to the Company to delete the relevant Material in
good faith. The notification and the request must contain the following
information:
- a physical or electronic
signature of a person authorised to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- identification of the
Intellectual Property Rights claimed to have been infringed, or, if
multiple Intellectual Property Rights can be covered by a single
notification, a representative list of such works;
- identification of the Material
(by means of data or communication link, etc.) that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably
sufficient to permit the Company to locate the Material;
- information reasonably
sufficient to permit the Company to contact you, such as an address,
telephone number, and an electronic mail address;
- a signed statement that you
have a good faith belief that use of the Material in the manner
complained of is not authorised by the Intellectual Property Rights
owner, its agent, or the law;
- a signed statement that the
Intellectual Property Rights owner holds the Company harmless from any
claim of any third party in connection with the Company removing the
relevant content; and
- a signed statement that the
information in the notification is accurate and under penalty of perjury
that you are authorised to act on behalf of the owner of an exclusive
right that is allegedly infringed.
- All notifications under Clauses
2.13 and 2.14 must be sent to info@paymehere.net.
- Users will be invited to send
comments to the Company email relating to the integrity and performance
of other Users.
- The following restrictions shall
apply to all Users. You must:
- not use the Website or the
Service in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with these Terms, or act fraudulently or
maliciously, for example, by hacking into or inserting malicious code,
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful data, programs or similar computer code
designed to adversely affect the operation of any computer hardware or
software, into the Website or any Service or any operating system;
- not transmit any material
designed to interrupt, damage, destroy or limit the functionality of the
Website or the Service;
- use any form of automated
device or computer program (sometimes referred to as “flagging tools”)
that enables the use of the Company’s “flagging system” or other
community control systems without each flag being manually entered by a
human that initiates the flag (an “automated flagging device”), or use
any such flagging tool to remove posts of competitors, other third
parties or to remove posts without a reasonable good faith belief that
the post being flagged violates these terms or any applicable law or regulation;
- not use any automated software
to view the Service without our consent (including the use of spiders,
robots, crawlers, data mining tools, or the like to download or scrape
data from the Service, except for internet search engines (e.g, Google)
and non-commercial public archives (e.g. archive.org) that comply with
our robots.txt file) and only access the Service manually;
- not use the Service other than
for your own personal use or as an agent listing properties for sale and
to rent;
- not attempt to copy any
Material or reverse engineer any processes without the Company’s
consent;
- not use any Service in breach
of any policy or other notice on the Website;
- not remove or alter any
copyright notices that appear on the Website;
- not publish any User Material
which is or may be Unacceptable or that may encourage a breach of any
relevant laws or regulations;
- not interfere with any other
User’s enjoyment of the Website or the Service;
- not conduct yourself in an
offensive or abusive manner whilst using the Website or the Service;
- not contact anyone who has
asked not to be contacted, or make unsolicited contact with anyone for
any commercial purpose, specifically, contact any User to post
advertisement on a third party website or post any advertisement on
behalf of such User;
- “stalk” or otherwise harass
anyone;
- not collect personal data about
other Users or entities for commercial or unlawful purposes;
- not transmit any User Material
that:
- harasses,
degrades, intimidates or is hateful towards any individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age or disability;
- includes personal
or identifying information about another person without that person’s
explicit consent;
- impersonates any
person or entity, including, but not limited to, a Company employee, or
falsely states or otherwise misrepresents an affiliation with a person
or entity;
- is protected by
copyright or patent, protected by trade secret or trademark, or
otherwise subject to third-party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have
permission or a license from their rightful owner to post the material
and to grant the Company all of the license rights granted herein;
- infringes any of
the foregoing Intellectual Property Rights of any party, or is User
Material that you do not have a right to make available under any law,
regulation, contractual or fiduciary relationship(s);
- constitutes or
contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link
referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”,
“negative option marketing”, “referral selling” or unsolicited
advertisements of a commercial nature;
- constitutes or
contains any form of advertising or solicitation if: (i) posted in
areas or categories of the Website which are not designated for such
purposes; or (ii) e-mailed to the Company Users who have requested not
to be contacted about other services, products or commercial interests;
and
- includes links to
commercial services or third-party websites, except as specifically
allowed by the Company;
- not access without authority,
interfere with, damage or disrupt:
- any part of the
Website;
- any equipment or
network on which the Website is stored;
- any software used
in the provision of the Website;
- any equipment or
network or software owned or used by any third party.
- By submitting User Material on
the Website or otherwise, the User grants PMH PORTAL a royalty-free,
perpetual, irrevocable and non-exclusive right and license to use,
reproduce, distribute, display, modify and edit the User Material. PMH
PORTAL will not pay the User any fees whatsoever for the User Material
and reserves the right in its sole discretion to remove or edit the User
Material at any time. The User warrants and represents that it has all
rights, consents and/or authorizations in respect of the User Material
necessary to grant PMH PORTAL these rights.
- The Company permits the User to
post User Material on the Website in accordance with the Company’s
procedures provided that User Material is not illegal, misleading,
obscene, abusive, threatening, defamatory or otherwise objectionable to
the Company. You must not post any Unacceptable material and, in respect
of any User Material you post, you warrant that it is not Unacceptable.
- The Company grants you a
limited, revocable, non-exclusive license to access and use the Service
for personal use. This license granted herein does not include any of the
following: (a) access to or use of the Service by Posting Agents; or (b)
any collection, aggregation, copying, duplication, display or derivative
use of the Service nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless
expressly permitted by the Company or as otherwise set forth in these
Terms. Notwithstanding the foregoing, general purpose internet search
engines and non-commercial public archives that gather information for
the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an
easily identifiable agent and comply with our robots.txt file, may engage
in the activities set forth in (b). For purposes of this exception, a
“general purpose internet search engine” does not include a website or search
engine or other service that specializes in classified listings including
any subset of classifieds listings such as housing, for sale, jobs,
services, or personals, or which otherwise provides classified ad listing
services. The license set forth in this Clause 2.20 permits you to
display on your website or create a hyperlink thereto, individual
postings on the Service so long as such use is for non-commercial and/or
news reporting purposes only (e.g., for use in personal blogs or other
personal online media). The Company may limit the amount of postings
displayed on or linked to your website. Use of the Service beyond the
scope of authorized access as set forth in these Terms immediately
terminates any permission or license granted herein. In order to collect,
aggregate, copy, duplicate, display or make derivative use of the Service
or any Material made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain
a license from the Company.
- The Company offers a service
known as “Featured Ads” where users may pay a non-refundable fee to have
their ads posted in selected locations on the Website, thus potentially
increasing an ads’ visibility. In order to purchase a Featured Ad, you
may be required to transmit certain information through a third-party
service provider, a third-party website, that may be governed by its own
terms of use and other policies. The Company makes no representation or
guarantee as to the safety or security of the information transmitted to
any third party website, and your linking to any third party website is
completely at your own risk, and the Company disclaims all liability
related thereto.
- The Company may employ a
third-party provider for processing credit card payments for users that
use the Product(s) or services provided. Such third-party providers may
have access to personal information provided by users needed in order to
perform their functions, but may not use it for any other purpose. The
Company does not have access to or retain any users’ payment information.
- INTERACTIVE FEATURES
- The Company may from time to
time provide Interactive Features on the Website.
- The Company reserves the right
to suspend or withdraw a User’s access to any Interactive Features and
any other action the Company deems appropriate if the Company considers
that a breach of these Terms has occurred or any Interactive Features are
being misused or abused in any way.
- The Company is under no
obligation to oversee, monitor or moderate any Interactive Features and
the Company expressly excludes its liability for any loss or damage
arising from the use of any Interactive Features by a User.
- PAID POSTINGS
- The Company may charge a fee to
post Material in some specific areas of the Service (“Paid Material”).
The fee permits Paid Material to be posted in a designated area of the
Website. Each party posting Paid Material to the Service is responsible
for the Material and compliance with these terms. Any such fees paid
hereunder are non-refundable in the event any Material is removed from
the Service for violating these terms. Additional terms regarding Paid
Material will be fully stated in the applicable section(s).
- POSTING AGENTS
- The Company prohibits the use of
Posting Agents, directly or indirectly, without the express written
permission of the Company. In addition, Posting Agents are not permitted
to post Material on behalf of others, directly or indirectly, or
otherwise access the Service in order to post Material on behalf of
others, except with express written permission or license from the
Company.
- NO SPAM POLICY
- You understand and agree that
sending unsolicited email advertisements or other unsolicited
communications to the Company addresses or through the Company computer
systems are expressly prohibited by these Terms. You acknowledge and
agree that from time to time the Company may monitor email usage using
human monitors or automated software to flag certain words associated
with spam or scams in emails that are sent between one User to another in
the Company’s e-mail system. Any communication between yourself and any
other User utilizing the communication features available on the Service
and the Website may be used only in accordance with these Terms.
- Any unauthorized use of the
Company computer systems is a violation of these Terms and certain
applicable laws, in particular the UAE Cybercrimes legislation. Such
violations may subject the sender and his or her agents to civil and
criminal penalties. Please note that the UAE Cybercrimes legislation
carries significant penalties including imprisonment. In case you intend
to solicit or contact our Users by obtaining their email or phone numbers
from our Website, we may report this behavior to the relevant authorities,
who then may decide to prosecute you under the relevant UAE laws.
- LIMITATION OF
LIABILITY
- The Company shall not be liable
for any:
- consequential, indirect,
special losses or exemplary damages (even if the Company has been
advised of the possibility of such losses or damages);
- loss of profit;
- loss of business;
- loss of revenue;
- loss of or corruption to data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or
rebate (whether actual or anticipated);
- harm to reputation or loss of
goodwill;
- loss of anticipated savings,
(in the cases of Clauses 7.1.2 to 7.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.
- The limitations at Clause 7.1
shall also apply with respect to damages incurred by reason of other
services or products received through or advertised in connection with
the Website or the Service or any links on the Website, as well as by
reason of any information, opinions or advice received through or
advertised in connection with the Website or the Service or any links to
the Website or Service.
- The limitations in this Clause 7
shall apply to the fullest extent permitted by law. You specifically
acknowledge and agree that the Company shall not be liable for user
submissions or the defamatory, offensive or illegal conduct of any user
or third party and that the risk of harm or damage from the foregoing
rests entirely with you.
- Whilst the Company will take all
reasonable attempts to exclude viruses from the Website, it cannot ensure
such exclusion and no liability is accepted for viruses. The User is
recommended to take all appropriate safeguards before accessing or
downloading information or any Material from the Website.
- The Website includes information
and materials uploaded by other users of the Website. This information
and these materials have not been verified or approved by the Company and
the Company shall not be liable for any material which may be deemed
Unacceptable. You further may be exposed to Material that is inaccurate,
offensive, indecent, objectionable, defamatory or libelous and, as far as
the law allows, and subject to Clause 7.11, you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or
may have against the Company with respect thereto.
- The Company does not guarantee
that the Website or any Interactive Features will always be accessible,
uninterrupted, timely, secure, error-free or free from computer virus or
other invasive or damaging code or that the Website or any Interactive
Features will not be affected by force majeure events, including
inability to obtain or shortage of necessary materials, equipment
facilities, power or telecommunications, lack of telecommunications
equipment or facilities and failure of information technology or
telecommunications equipment or facilities. The Company may suspend or
withdraw or restrict the availability of all or any part of the Website
or any Interactive Features for business and operational reasons at any
time and shall not be liable for any interruption to the Service, whether
intentional or otherwise. We recommend that you back up any content and
data used in connection with the Website, to protect yourself in case of
problems with the Website or the Service.
- The Company is not liable for
any failure in respect of its obligations hereunder which results
directly or indirectly from failure or interruption in software or
services provided by third parties.
- The Company is not responsible
for the direct or indirect consequences of a User linking to any other
website from the Website and has not approved such linked websites or the
material or information available from them.
- The Company does not guarantee,
represent or warrant that the information accessible via the Website is
accurate, complete or current. The Company has no liability whatsoever in
respect of any use which the User makes of such information. The Website,
the Service, and use of all related facilities are provided on an “as is,
as available” basis without any warranties whether express or implied.
- The Website and the Service have
not been developed (and Material has not been written) to meet the
individual requirements of the User and it is the User’s sole
responsibility to satisfy itself prior to entering into any transaction
or decision that the Website, the Service and the Material are suitable
for its purposes. A User in making any financial or other decision based
on Material or other information in the Website accepts that it does so
exclusively at its own risk and the Company shall have no liability in
respect of the same.
- None of the Clauses herein shall
apply so as to restrict liability for death or personal injury resulting
from the negligence of the Company or its appointed agents.
- The Website is controlled and
offered by the Company from facilities in Dubai in the United Arab
Emirates. The Company makes no representations or warranties that the
Website is appropriate for use in other locations. Those who access or
use the Website from other jurisdictions do so at their own volition and
risk and are responsible for compliance with local law.
- INDEMNITY
- The User agrees to defend,
indemnify and hold harmless the Company, PMH PORTAL and each of their
officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees, from and
against any and all claims, damages, obligations, losses (whether direct,
indirect or consequential), liabilities, costs or debt, and expenses
(including but not limited to attorneys’ fees) arising from (a) your
improper use of, or your inability to use, the Website or the Service;
(b) your breach of any provision of these Terms; and/or (c) your
violation of any third party right, including without limitation any
copyright, trademark, trade secret or other property, or privacy right.
As far as the law allows, this defence and indemnification obligation
will survive termination, modification or expiration of these Terms and
your use of the Website and the Service.
- PROPERTY FOR SALE AND
PROPERTY FOR RENT CATEGORIES ON THE WEBSITE
- If you are listing a property on
this Website, your obligations are as follows:
- Brokers/Realtors
- You warrant that
you possess a valid license from the Real Estate Regulatory Authorities
in the country in which you are advertising or a letter and license of
the Real Estate agency you are representing.
- If a project is off-plan
(under construction), you warrant that the project is registered with the
Real Estate Regulatory Authorities in the country in which you are
advertising.
- If you are
engaging in subleasing activities, you warrant that you possess a
license for the activity of “Leasing and Management of Other People’s
Property” from the Real Estate Regulatory Authorities in the country in
which you are advertising.
- If you are
engaging in short-term or Holiday Home leasing, you warrant that you
possess a license for the activity from the Respective Regulatory
Authorities.
- Developers
1. You warrant that you possess a valid license from the Real Estate Regulatory Authorities in the country in which you are advertising.
- If a project is off-plan
(under construction), you warrant that it is registered with the Real
Estate Regulatory Authorities in the country in which you are
advertising, and hold an approved Escrow Account for the project, or
its equivalent in the country you are advertising.
- Owners and Landlords
- You warrant that
you are the Owner/Landlord of the property, or otherwise possess valid authorization
to list the property on the Website.
- If you are
engaging in short-term or Holiday Home Leasing, you warrant that you
possess a license for the activity from the Respective Regulatory
Authorities in the country in which you are advertising.
- Tenants
- You warrant that
you possess valid, written consent from your Landlord before
advertising on the Website, and that you are legally entitled to
publish such advertisement.
- All Advertisers
- You may only
advertise properties that are currently available for sale or lease. It
is at our discretion to remove any listings (advertising fees will not
be refunded).
- You warrant that
the advertisement does not contain unlawful language or use of the
premises, including:
- defamatory,
misleading or deceptive statements;
- sharing of a
property that exceeds lawful occupancy limits (including, but not
limited to, bachelor accommodations and multi-family use);
- sharing of a
property between unrelated members of the opposite sex;
- sharing of a
property in any way that is deemed unlawful; and
- any other
language that promotes illegal or immoral activities under the law of
the country you are advertising in.
- If you are listing
a property on any of the Website, your obligations are as follows:
- The Company’s advertisements include real properties for sale or
rent. The Company is not a real estate brokerage and the details of
the properties available on the Website are provided to us by third
party brokers, landlords, owners or developers;
- The Company does
not verify the property listing details provided to us by third
parties, and makes no warranties or representations as to their
accuracy or completeness;
- You, the User of
the Website, must conduct your own due diligence and must not rely on
the details in the advertisements; and
- The Company does
not verify the Local Real Estate Regulation Authority license number
of all property broker companies prior to allowing them to advertise
on the Website.
- CALL RECORDING FOR
REAL ESTATE BROKERS
- Some of the licensed real estate
brokers (Brokers) that advertise on our Website subscribe to a service
whereby the property listing has a uniquely identified phone number and
the call is automatically recorded for quality and training purposes. By
using the Service you expressly agree to having your phone call recorded
when you call a Broker in relation to advertisements in the Property
category of the Website and you agree that no further warning or consent
is required.
- AD SERVICES PACKAGE
- If you are a Client, Customer or
any of their officers, directors, employees, agents, contractors,
sub-contractors or representatives, the following additional terms also
apply to you:
- The Company may publish on the
Website any information supplied or made available to the Company by or
on behalf of the Client. The Client acknowledges and agrees that the
Company shall not be regarded as being in breach of any obligation of
confidentiality as a result of the publication of such information.
- The Company may make
operational changes to the Ad Services Package and individual products
thereunder at any time. The Company will use reasonable endeavours to
provide notification of material changes by posting a message on the
Website or by informing the Client.
- Subject to Clause 7.11, in no
event shall the Company’s liability with respect to the provision of the
Ad Services Package to the Client, regardless of the cause of action and
losses suffered by the Client, exceed AED 7,000.
- GENERAL
- Subject to Clause 6.2, these
Terms, the Privacy Policy and any other expressly incorporated document
constitute the entire agreement between you and the Company and neither
party has relied on any representation made by the other party unless
such representation is expressly included in these Terms. Nothing in this
Clause 12.1 shall relieve either party of liability for fraudulent
misrepresentations and neither party shall be entitled to any remedy for
either any negligent or innocent misrepresentation except to the extent
(if any) that a court or arbitrator may allow reliance on the same as
being fair and reasonable.
- The Company reserves the right
to alter its terms of business from time to time. The Effective Date at
the time the User is reading these terms is set out at the top of these
Terms. Prior to using the Website again in the future, Users should check
that the Effective Date has not changed. If it has, the User should
examine the new set of terms and conditions and only use the Website if
it accepts the new terms and conditions. If you do not accept the changes
you should immediately discontinue your access to the Website and your
use of the Service.
- If any provision of these Terms
or part thereof shall be void for whatever reason, it shall be deemed
deleted and the remaining provisions shall continue in full force and
effect.
- The Company reserves the right
to assign or subcontract any or all of its rights and obligations under
these Terms. The User may not assign or otherwise transfer its rights or
obligations under these Terms without the Company’s prior written
consent.
- Any notice given pursuant to
these Terms may be served personally or by email to the last known email
address of the addressee. It is the responsibility of Users promptly to
update the Company of any change of address or email address. Such notice
shall be deemed to have been duly served upon and received by the
addressee, when served personally, at the time of such service or when
sent by email 24 hours after the email has been sent.
- The Company shall not be liable
for any loss suffered by the other party or be deemed to be in default
for any delays or failures in performance hereunder resulting from acts
or causes beyond its reasonable control or from any acts of God, acts or
regulations of any governmental or supra-national authority.
- Any delay or forbearance by the
Company in enforcing any provisions of these Terms or any of its rights
hereunder shall not be construed as a waiver of such provision or right
thereafter to enforce the same.
- The headings in these Terms are
solely used for convenience and shall not have any legal or contractual
significance.
- These Terms shall be governed by
and construed in accordance with the law of the Dubai International
Financial Centre (“DIFC”), Dubai, United Arab Emirates, and
the parties submit to the exclusive jurisdiction of the DIFC Courts, save
that the Company may take action in any relevant jurisdiction to enforce
its Intellectual Property Rights. You agree that any cause of action brought
by you arising out of or related to your use of the Service and/or the
Website must commence within a reasonable time and in any event within
one (1) year after the cause of action accrues.
- These Terms shall inure to the
benefit of and be binding upon each party’s successors.
- If these Terms are translated
into any other language and there is a discrepancy between the English
text and the text of the other language, the English text version will
prevail.
- By using paymehere.net (the “Website”), you confirm
that you have read, understood and accept these terms of use (the “Terms”)
as the terms which govern your access to and use of the Website and the
Service and you agree to comply with it. If you do not accept or agree to
comply with these Terms, you must not use this Website. Additionally, when
using a portion of the Service, you agree to conform to any applicable
posted guidelines for such Service, which may change or be updated from time
to time at our sole discretion.