Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
“Our web site” refers to MarigoldRealEstate.net
“You”, “Your” or “the Client” refers to you as the user of the Real Estate Internet Service (the “Service”). “Service” may include any of the following or a combination thereof depending on the membership chosen:
Processes for facilitating the uploading and managing of your own properties' listings.
Advertisements such as online banner advertising and banner ad impressions which may run on our web site.
Having your properties featured on our website.
Inclusion of your properties in e-mail alerts.
Your agency details and logo listed in the ‘Find an Agent’ section.
Email marketing campaigns.
The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of the Service.
Accepting registration will constitute your acceptance of the Terms and Conditions.
User Submitted Content
Only advertise properties that are currently available for purchase or lease within the Emirates or countries permitted by your subscription.
Either be the holder of a current real estate agent's license in the United Arab Emirates or country to which your use of the service relates, or the owner of the property that you are selling or renting.
Within 72 hours of a sale or leasing contract being entered into for a property remove that property from the web site.
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.
Abide by any applicable rules and regulations related to electronic transactions and commerce.
Comply with any guidelines and codes issued by the Land Department or any other local departments concerned with real estate.
In your use of the Service, comply with all applicable laws.
You must ensure that:
Material submitted through the Service by you refers only to listing details of a particular property.
The listing details for a particular property through the Service are only listed by you (including any associated offices in your real estate group) once.
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 subscription to the Service in breach of these terms and conditions.
Avoid making any promotional or merchandising reference to us or our web site without our express written permission.
You acknowledge that:
You have read and agree to be bound by the terms of all legal notices posted on the Site.
You represent and warrant that you are authorized to make available the material generated or submitted to make use of the Service and that you are acting under authority of the proprietors of all properties concerned.
Any such conduct is in breach of these terms and conditions.
By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
We are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so.
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.
Systems or technological failure may impede or prevent access to all or any part of the property data.
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.
Transmission of data over the Internet can be subject to errors and delays.
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.
All property listings on the Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price. We do not represent or warrant that any of the copy, content, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date. Members must not submit content that is obscene, abusive, discriminatory, illegal, or false or misleading. We may from time to time provide or facilitate services to Members to create or improve the quality of their property listings. However, we assume no responsibility to verify property listings. Members are solely responsible for ensuring the accuracy of any property descriptions, and visitors to the site are solely responsible for verifying the accuracy of such descriptions.
Agreement Term, Suspension, or Termination of Service
We may terminate your listings at anytime for any reason provided that seven (7) clear days email notice has been provided to you. Without limiting our other rights, we may immediately suspend or temporarily remove details of any property uploaded by you to our web site or terminate this Agreement if:
You breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification.
Any material supplied by you is false or misleading.
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.
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.
We sell subscriptions, advertising and upgrades. Services will automatically be cancelled upon termination of term if not renewed.
The originator of the paid content has the right to a refund only in the following circumstance:
If a duplicate transaction is received for any paid content on the site. In this case, the duplicate portion of the payment will be refunded through the original mode of payment.
Limitation of Liability and Indemnity
To the extent allowable under laws applicable in the United States we:
Exclude all conditions and warranties implied into the Agreement.
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.
Paying the cost of having the Service resupplied.
Limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
We will not be liable under this Agreement to the extent that liability is caused by either/both of the following:
Any breach of your obligations under this agreement; or
Any delay in performance or breach of the Agreement 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 web site.
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.
We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing 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 this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
A notice must be sent by e-mail, prepaid post or facsimile to your or our last known address.
You must not assign the Agreement without our written consent.
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.
The laws of the United States apply.
You submit to the exclusive jurisdiction of the Courts of the United States.
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.
Our website refers to MarigoldRealEstate.net
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, 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, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
- Use License & Restrictions
Permission is granted to temporarily download copies of the materials (information or software) on MarigoldRealEstate.net's web site 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:
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 MarigoldRealEstate’s website.
Remove any copyright or other proprietary notations from the materials.
Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MarigoldRealEstate.net 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.
- Your Responsibilities
We are not a Real 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 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.
Details are hosted by us in good faith but are produced directly by agents 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.
You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
You are responsible for ensuring that you act in good faith towards any other parties.
In no event shall MarigoldRealEstate.net or its suppliers 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 MarigoldRealEstate.net's Internet site, even if MarigoldRealEstate.net or a MarigoldRealEstate.net authorized representative has been notified orally or in writing of the possibility of such damage.
- Revisions and Errata
The materials appearing on MarigoldRealEstate.net's web site could include technical, typographical, or photographic errors. MarigoldRealEstate.net does not warrant that any of the materials on its web site are accurate, complete, or current. MarigoldRealEstate.net may make changes to the materials contained on its web site at any time without notice.
- 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.
- Links & Third Parties
Our website may contain links 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 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 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.
The materials on MarigoldRealEstate.net's web site are provided “as is”. MarigoldRealEstate.net makes no warranties, expressed or implied, and hereby disclaims and negates 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, MarigoldRealEstate.net does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- Governing Law
Any claim relating to MarigoldRealEstate.net's web site shall be governed by the laws of the USA without regard to its conflict of law provisions.