This website, www.emiratesrealty.com, (hereinafter referred to as "Emirates Realty") is owned, hosted and operated by Two Seas Investments, a company incorporated in the UAE.
Definitions
The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of Emirates Realty, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Emirates Realty or chosen by the user or agreed upon by Emirates Realty. It is made abundantly clear that only the authorised user has the right to access the services so offered by Emirates Realty.
For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
The terms 'User' and 'customer' would include both the authorised and browser/visitor(s)
The terms 'service' or 'services' would mean to include the interactive online information service offered by Emirates Realty on the internet through which the user may access information carried by Emirates Realty in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to Emirates Realty acting as an agent either express or implied on behalf of any user/customer
Terms and Conditions
Emirates Realty and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Emirates Realty, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Emirates Realty. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( [email protected] )
Two Seas Investments may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Emirates Realty. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of Emirates Realty, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. Two Seas Investments may also suspend the operation of Emirates Realty for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize Emirates Realty in a manner inconsistent with these Terms and Conditions, TWO SEAS INVESTMENTS may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Emirates Realty unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on Emirates Realty. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, TWO SEAS INVESTMENTS may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. TWO SEAS INVESTMENTS may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, TWO SEAS INVESTMENTS may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. TWO SEAS INVESTMENTS will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the Emirates Realty website. TWO SEAS INVESTMENTS shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Emirates Realty and TWO SEAS INVESTMENTS shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
TWO SEAS INVESTMENTS reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on Emirates Realty without notice. TWO SEAS INVESTMENTS accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While TWO SEAS INVESTMENTS shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Emirates Realty.
Customers, who are buying/renting property/propreties through Emirates Realty, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payment Terms
Payments for the services offered by Emirates Realty shall be on a 100% advance basis. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Two Seas Investments / Emirates Realty. TWO SEAS INVESTMENTS offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. User acknowledges and agrees that TWO SEAS INVESTMENTS/EmiratesRealty.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to TWO SEAS INVESTMENTS under any other agreement or commercial relationship towards other products/services. Two Seas Investments / Emirates Realty gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Two Seas Investments / Emirates Realty undertakes no liability for free services. Two Seas Investments / Emirates Realty reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Two Seas Investments / Emirates Realty uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Two Seas Investments / Emirates Realty does not store or keep credit card data. Since the transaction happens on a third party network not controlled by Two Seas Investments / Emirates Realty, once a credit card transaction has been completed, the payment information is not accessible to anyone at Two Seas Investments / Emirates Realty after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Two Seas Investments / Emirates Realty shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though TWO SEAS INVESTMENTS payment reconciliation team works on a 24 x 7 basis, TWO SEAS INVESTMENTS offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Emirates Realty.
If you utilize Emirates Realty in a manner inconsistent with these Terms and Conditions, TWO SEAS INVESTMENTS may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to Emirates Realty. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Emirates Realty. Emirates Realty does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and service marks ("Marks") appearing in Emirates Realty are the properties either owned or used under license by TWO SEAS INVESTMENTS and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with TWO SEAS INVESTMENTS / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
TWO SEAS INVESTMENTS respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. TWO SEAS INVESTMENTS shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using Emirates Realty as a platform to infringe the Intellectual Property Rights of others, TWO SEAS INVESTMENTS will be free to terminate this agreement forthwith without any notice to the user.
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to:
The User / subscriber / visitor to Emirates Realty or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
Emirates Realty may provide links to other third-party World Wide Web sites or resources. TWO SEAS INVESTMENTS makes no representations whatsoever about any other Web site you may access through this Website (Emirates Realty).
DISCLAIMER AND WARRANTIES
THE CONTENT OF Emirates Realty IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TWO SEAS INVESTMENTS AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Emirates Realty.
Views expressed by the users are their own, TWO SEAS INVESTMENTS does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. TWO SEAS INVESTMENTS does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. TWO SEAS INVESTMENTS does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in TWO SEAS INVESTMENTS or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and TWO SEAS INVESTMENTS makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and the UAE and TWO SEAS INVESTMENTS makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside the UAE, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
TWO SEAS INVESTMENTS offers products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. TWO SEAS INVESTMENTS does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that TWO SEAS INVESTMENTS intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
TWO SEAS INVESTMENTS will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
TWO SEAS INVESTMENTS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer's data/information. TWO SEAS INVESTMENTS shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
TERMINATION
TWO SEAS INVESTMENTS may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Emirates Realty (or any part thereof) for any reason, including, without limitation, that TWO SEAS INVESTMENTS based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on Emirates Realty may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, TWO SEAS INVESTMENTS and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Emirates Realty material or your breach of these Terms and Conditions.
PRIVACY POLICY
The user of Emirates Realty is subject to Emirates Realty Privacy Policy .
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and TWO SEAS INVESTMENTS governs your use of Emirates Realty. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
WAIVER
The failure of TWO SEAS INVESTMENTS to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
GOVERNING LAW
By accessing the Website you agree that the laws prevailing in the UAE shall be the governing laws in all matters relating to Emirates Realty as well as these Terms and Conditions.
JURISDICTION
Courts in the UAE alone shall have the exclusive jurisdiction in all matters relating to Emirates Realty and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Emirates Realty.
TWO SEAS INVESTMENTS does not routinely monitor your postings to the web site but reserves the right to do so. However, if TWO SEAS INVESTMENTS becomes aware of an inappropriate use of Emirates Realty or any of its Services, TWO SEAS INVESTMENTS will respond in any way that, in its sole discretion, TWO SEAS INVESTMENTS deems appropriate. You acknowledge that TWO SEAS INVESTMENTS will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, TWO SEAS INVESTMENTS will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
TWO SEAS INVESTMENTS reserves all other rights.
VIOLATIONS
Please report any violations of these Terms and Conditions to TWO SEAS INVESTMENTS at [email protected]