TERMS & CONDITIONS

By using www.willingtonproperties.com of the online platform (collectively, the “Website”), you confirm that you have read, understood and accept these terms of use (“Terms”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. 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.
If you are a company or a landlord 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 capitalised terms shall have the following meaning, except where the context otherwise requires:

  1. ADVERTISING AGREEMENT – an agreement for the provision of advertising services or products entered into between the Company and the Client.
  2. AD SERVICES PACKAGE – the bundle of advertising product or service 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 pursuant to these Terms and the terms of the Advertising Agreement.
  3. CLIENT – the client entity that is a party to the Advertising Agreement.
  4. CUSTOMER – any customer of the Client.
  5. WILLINGTON PROPERTIES – Willington Properties LLC which is the owner of willingtonproperties.com
  6. EFFECTIVE DATE – the date set out at the top of these Terms marks, 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 licences and consents in relation to 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.
  7. MATERIAL – material and content published on the Website or otherwise provided by the Company in connection with the Service.
  8. PRIVACY POLICY – the privacy policy of the Company from time to time.
  9. PRODUCT – an online classifieds advertising platform provided on the Website and the Ad Services Package.
  10. 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).
  11. SERVICE – the provision of the Website and the Product.
  12. 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, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or defamatory or an 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.

GENERAL TERMS AND CONDITIONS WHICH APPLY TO USERS

  1. 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.
  2. The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies while doing 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.
  3. The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into a contract.
  4. 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.
  5. The User’s Registration Details and data relating to its use of the Website 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. 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.
  6. The User hereby authorises 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.
  7. 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.
  8. 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.
  9. 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 2.9 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.
  10. For the avoidance of doubt, the Company is providing a service, not goods.
  11. Willington Properties 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 on 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.
  12. The Company takes reported and actual infringement 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.
  13. 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:
    1. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. 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;
    3. 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;
    4. information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;
    5. 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;
    6. 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
    7. 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.
  14. Such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonably good faith belief that the post being flagged violates these terms or any applicable law or regulation.
    1. not use the Service other than for your own personal use or as a landlord listing property for sale and to rent.
    2. not attempt to copy any Material or reverse engineer any processes without the Company’s consent;
    3. not use any Service in breach of any policy or other notice on the Website;
    4. not remove or alter any copyright notices that appear on the Website;
    5. not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
    6. not interfere with any other User’s enjoyment of the Website or the Service;
    7. not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;
    8. 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.
    9. not collect personal data about other Users or entities for commercial or unlawful purposes.
  15. not transmit any User Material that:
    1. harasses, degrades, intimidates or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age or disability.
    2. includes personal or identifying information about another person without that person’s explicit consent;
    3. 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;
    4. 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;
    5. 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);
    6. 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;
    7. 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
    8. includes links to commercial services or third party websites, except as specifically allowed by the Company.
  16. 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.
  17. 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:
    1. access to or use of the Service by Posting Agents.
    2. (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 specialises 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 number of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised 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.
  18. 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, Click & Buy, 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 you are linking to any third-party website is completely at your own risk, and the Company disclaims all liability related thereto.
  19. 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 provider 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 user’s payment information.
  20. 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).
  21. SPAM POLICY
    1. 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 utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.
    2. Any unauthorised 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 behaviour to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.
  22. LIMITATION OF LIABILITY – The Company shall not be liable for any:
    1. consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages).
    2. loss of profit.
    3. loss of business.
    4. loss of revenue.
    5. loss of or corruption to data.
    6. loss of use.
    7. loss of production.
    8. loss of contract.
    9. loss of opportunity.
    10. loss of savings, discount or rebate (whether actual or anticipated).
    11. harm to reputation or loss of goodwill.
    12. loss of anticipated savings, (in the cases of Clauses ‎1. to 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.
  23. INDEMNITY
    1. The User agrees to defend, indemnify and hold harmless the Company, Willington Properties LLC 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:
      1. your improper use of, or your inability to use, the Website or the Service;
      2. your breach of any provision of these Terms;
      3. and/or 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.
  24. 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:
    1. DEVELOPERS
      1. You warrant that you possess a valid license from RERA or its equivalent in the Emirate in which you are advertising.
      2. If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project.
      3. As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.
    2. OWNERS AND LANDLORDS
      1. You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorisation to list the property on the Website.
      2. If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
    3. 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.
    4. 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).

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