Disclaimer, Terms and Conditions
Disclaimer
Tamilrentalhomes is only an intermediary offering its platform to advertise properties of Seller for a Customer/Buyer/User coming on its Website and cannot be a party or privacy to control in any manner any transactions between the Seller and Customer/Buyer/User. All the offers and discounts on this Website have been extended by various Builder(s)/Developer(s) who have advertised their products. Tamilrentalhomes is only communicating the offers and not selling or rendering any of those products or services. It neither warrants nor is it making any representations with respect to offer(s) made on the site. Tamilrentalhomes shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller and both Seller and Customer/Buyer/User shall settle all such disputes without involving Tamilrentalhomes in any manner.
Terms & Conditions For Users
1. TERMS
1.1 In these terms and conditions for users (“Terms of Use”) the terms “we”, “our”, “us” means Tamilrentalhomes and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
1.2 “Website” refers to Tamilrentalhomes.com.
1.3 By accessing and using this Website, you are agreeing to be bound by the Website’s Terms of Use and the Privacy Policy (together the “Terms”), 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, your sole option is to immediately cease your use of this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
1.4 You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
1.5 These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.
2. USE LICENSE & RESTRICTIONS
2.1 Permission is granted to temporarily download copies of the materials (information or software) on the Website 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 the Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
2.2 In accessing or using our Website you irrevocably agree and undertake to ensure that you will not:
- use any automated device, software process or means to access, retrieve, scrape, or index our Website or any content on our Website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Website usage;
- use or index any content or data on our Website for purposes of:
- constructing or populating a searchable database of properties,
- building a database of property information; or
- competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use our Website or any content from our Website in any manner which we in our sole discretion determine as not reasonable and/or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any such terms or other condition posed by us or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptation of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive manner.
2.3 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to our use of the Website, including but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
2.4 This license shall automatically terminate if you violate any of these restrictions and may be terminated by us 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.
3. YOUR RESPONSIBILITIES
3.1 We are not an 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 and third parties 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.
3.2 Details are hosted by us in good faith but are produced directly by agents and/or third parties 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.
3.3 You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
3.4 You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
3.5 You are responsible for ensuring that you act in good faith towards any other parties.
3.6 You represent and warrant that your use of our Website will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of our Website, including all amendments and revisions to these Terms in accordance with Clause 8 herein;
4. LIMITATIONS
4.1 In no event will we 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 the Website, even if one of our authorized representatives has been notified orally or in writing of the possibility of such damage.
4.2 We will not be liable for any loss or damage arising under or in connection with:
- any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
- any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your computer system and/or your account;
- the use of, or inability to use, our Website;
- the reliance on any content or information displayed on our Website;
- any direct, consequential, special or punitive loss, damage, costs and expenses;
- loss of profit;
- loss of business;
- loss of reputation;
- depletion of goodwill; or
- Loss of, damage to or corruption of data.
4.3 Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
4.4 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
4.5 If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
5. REVISIONS AND ERRATA
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice.
6. AVAILABILITY OF WEBSITE
We strive to ensure that our Website and the services are available to you at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.
7. LINKS & THIRD PARTIES
Our Website may contain links, hyperlinks and pointers to third party products, services and/or websites that are not affiliated with Us. We have no control over the products, services or websites of these third parties and We do not guarantee or take responsibility for them. Our Website may also contain advertising from third parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Any links or advertisements on our Website should not be taken as an endorsement by us of any kind. Furthermore, our Website contains data provided by third parties and we accept no responsibility, nor do we make any warranties or representations for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
By using the Website, you grant us an irrevocable, world-wide, royalty free license to commercialse, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website. We do not warrant that the content, links, or sub-domains contained on, or associate with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.
8. SITE TERMS OF USE MODIFICATIONS
We may revise these Terms of Use and any such Terms for the Website at any time without notice. By using this Website you are agreeing to be bound by the Terms of Use.
9. CONTRIBUTIONS
9.1 In these Terms of Use “Contributions” means any information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on our Website.
9.2 We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions;
- misleading or deceptive;
- inappropriate having regard to the purpose of our Website;
- likely to cause offence;
- materially incorrect;
- obscene;
- defamatory;
- otherwise unlawful and/or against the customs or norms of the region in which this Website is referred too; or
- Corrupted, due to the presence of a virus or other disabling code.
9.3 To the extent that any Contributions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
9.4 You also grant each user of our Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
- you own and control all of the rights to the Contributions; or
- you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise us to display the Contributions.
9.5 For any Contributions that you may retain moral rights in, you declare that:
- you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
- You understand that when accessing our Website you may be exposed to the Contributions of other users of our Website. You acknowledge and agree that we do not have control of and are not responsible nor do we warrant the veracity of these other Contributions.
9.6 You represent and warrant that:
- you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
- you will not make any Contributions that infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you; and
- you will not make any Contributions that:
- are misleading;
- are deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our Website.
10. INTELLECTUAL PROPERTY
10.1 Unless otherwise expressly stated, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
10.2 We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
10.3 Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of us or our licensors. No trademark or service mark license is granted in connection with the materials contained on this Website.
10.4 Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.
11. ELECTRONIC COMMUNICATIONS
11.1 When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.
12. INDEMNITY
12.1 You agree to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to our Website or making Contributions not in accordance with the Terms.
13. DISCLAIMER
The materials on our Website are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to this Website.
14. MONITORING AND RECORDING TELEPHONE CALLS
Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquires generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
15. GOVERNING LAW
15.1These Terms of Use and your access to the Website is subject to and governed by the laws. You agree to submit to the exclusive jurisdiction of the Courts.
15.2If 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.
16. CONTACT US
16.1Tamilrentalhomes.com subscribers are licensed real estate brokers, developers and hotel apartment providers. Our advertisers are contractually obligated to only list properties that are available for sale or lease with the proper authority from the owner and all other required governing bodies. Properties listed on Tamilrentalhomes.com should be a fair and accurate portrayal of the property itself and the proposed transaction. To report any suspected fraudulent or misleading property postings on our site please send us an email with the details to info@tamilrentalhomes.com
If you have any queries, complaints or recommendations about these Terms of Use, please contact us at the following address: info@tamilrentalhomes.com
MEMBER TERMS & CONDITIONS
1. DEFINITIONS
1.1In these Member Terms and Conditions the following terms shall have the following meaning:
“we”, “our”, “us”, “propertyfinder.ae” means Tamil Rental Homes and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
“you”, “your” or “the Client” means you, who is either a licensed real estate broker or agent; or a licensed real estate brokerage firm, developer and/or hotel apartment provider, and thus a user of the Website and/or Member of the Service.
“Applicable Laws” means any law (including statutory, common or customary law), statute, constitution, decree, judgment, treaty, regulation, directive, by-law, order, other legislative measure, or any directive, requirement, request or guideline (whether or not having the force of law but which, if not having the force of law, is generally complied with by the persons to whom it is addressed or applied) of any government, local government, statutory, regulatory, self-regulatory or similar body, authority or court, as it may be amended, replaced, re-enacted, restated or reinterpreted from time to time.
“Content” means any and all content, listing details and materials, including property details, and as well as intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf of, or on the instruction of you to us on the Website.
“Contract” means the Subscription Order (as defined below), these Member Terms and Conditions and the Privacy Policy.
“Fee” means the amount due to us by you under the Subscription Order.
“Membership” means your entitlement to the Service/s (under a Contract) subject to these terms and conditions, and “Member” means a person who holds a valid Membership.
“Service” includes, but is not limited to, any of the following services for a Member, or a combination thereof, depending on the Membership package chosen in the Subscription Order:
- a process that will facilitate your uploading and managing your own properties’ listings and property developments;
- brand booster for agents who want to increase their brand exposure to all buyers and sellers by having their logo presented on all their properties’ listings on the search results pages and on all properties’ listings sent by e-mail alerts;
- online banner advertising and banner ad impressions that appear on our Website on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;
- micro-website and advertising banner creative development services;
- having your properties signified as “Featured and/or Premium” on our Website to improve their ranking for added exposure;
- having your properties rotated through the top position(s) via our “Smart Ads” product;
- a process which facilitates having your phone call leads tracked and recorded via our “Call Tracking” product;
- the process of having your properties and company profile appear on affiliated print publications such as “Prestige Magazine”;
- inclusion of your properties in e-mail alerts;
- your agency details and logo listed in the ‘Find an Agent’ section;
- website and banner design services; and
- email marketing campaigns.
“Subscription Order” means, as the case may be (i) if you are contracting with us online, the online subscription confirmation and the confirmation order; or (ii) the hard copy order form you receive from us, that you complete indicating the Service that you contract with us to provide.
“Website” means propertyfinder.ae.
2. CONTRACT
2.1The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Order as follows:
- by pressing the “Confirm Order” button when submitting an online Subscription Order; or
- by signing a hard copy Subscription Order.
2.2Without prejudice to clause 2.1 above, there may be circumstances where you are entering into the Contract on behalf of a company or any other legal person affiliated to you, including a subsidiary or branch office within your group (“your Affiliates”). In such cases, you warrant and represent that you have full power, capacity and authority and all necessary licences, permits and consents to enter into the Contract on behalf of your Affiliates. You further understand and agree that you and your Affiliates shall be jointly and severally responsible in respect of the undertakings that you give under the Contract.
2.3We reserve the right to reject any Subscription Order to provide any Service at our absolute discretion including but not limited to where we believe any of the following:
- you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
- without prejudice to the Content Quality Obligations set out in clause 4, that the quality of the Content is not or will not be of a professional standard commensurate with that which we require of our Members; or
- you are not in compliance with any Applicable Laws.
2.4In the event of any discrepancy, difference or conflict between these Member Terms and Conditions and the Subscription Order, these Member Terms and Conditions shall prevail.
2.5If you wish to use a third party real estate CRM service solution provider to publish data on the Website using an XML feed with us, that third party must be on Propertyfinder’s pre-approved list of CRM providers, which can be obtained by contacting support@propertyfinder.ae (such Propertyfinder pre-approved CRM providers being a “CRM Provider”). The third-party CRM solution provider must expressly agree to and comply with all terms and conditions as set forth by us for CRM Providers for use of such a feed. Any failure to comply with or breach of the terms and conditions for CRM Providers could result in a suspension of such feed, to be determined within our discretion. It is your responsibility to assure that your CRM provider is in compliance with all the terms of that agreement. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the terms and conditions on our website for CRM Providers.
2.6These Member Terms and Conditions were last updated on 27 September 2021. It is effective between you (and your Affiliates, if applicable) and us as of the date of you accepting these Member Terms and Conditions. For existing Members, acceptance is made by continuing to use the Website and/or any Service, after each update of the Member Terms and Conditions.
3. YOUR GENERAL OBLIGATIONS
3.1You warrant and represent that you will:
- not act as a consumer in relation to the Membership;
- only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your Subscription Order;
- be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, province, state to which your use of the Service relates;
- ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any website other than our Website without our prior written consent;
- abide by all Applicable Laws related to electronic transactions and commerce;
- comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
- in your access or use of the Service, comply with all Applicable Laws;
- within no more than seventy two (72) hours of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market, you will either alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” “sold” or “let” as appropriate on the Website, or will remove the property from the upload provided to us so that it is no longer displayed on the Website;
- have the authority to market the properties in the Content, and that the properties listed by you in the Content are only listed once (including by any of your Affiliates or associated offices in your group);
- hold all necessary licenses, authorizations and consents necessary to use, display, reproduce, publish the Content and have the capacity, authority and right/s to grant us a license for the Content in accordance with clause 3.3(b);
- not use our name or any logos, trade or services marks of ours in a harmful, defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute, nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
- provide us with a valid telephone number where we can contact you. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will take no actions that would interfere with such monitoring, and you agree that us and our suppliers may record all telephone calls for the purposes of monitoring these; and
- ensure that only your authorized persons (including on behalf of your Affiliates, if applicable) have access to the Services and that where you provide Content you will do so in a format compatible with any technical specifications issued by us from time to time.
3.2You must ensure that:
- unless otherwise agreed in writing with us, no other person (authorized or otherwise) makes use of your Membership to the Service; and
- you do not make any promotional or merchandising reference to us or our Website without our express written permission.
3.3You acknowledge and agree that:
- you have carefully read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
- by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, reproduce, display, publish, copy, license to other persons and otherwise use the Content (or data or other information derived therefrom) for the purpose of performing our obligations under the Contract and/or to provide the Service. This license shall survive termination of the Contract. You agree that unless required by Applicable Laws, we will not be required to identify you as the source of the Content on the Website or in any other medium through which the Content or any derivative thereof is published or displayed;
- 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 or your Affiliates, and we make no warranty nor any representations about the accuracy or completeness of the Service;
- systems or technological failure may impede or prevent access to all or any part of the Website and/or the property data;
- we are able to use any pictures of you or any of your agents that are employees of your firm in order to post on our Website, including but not limited to material defined as Content pursuant to clause 1,1;
- you are responsible for, and must pay the cost of, all telecommunications and Internet access charges incurred when using our Website, whether or not such access has been arranged by us;
- you are responsible for the security and integrity of your data;
- you are responsible to obtain and possess any necessary permits to market and publish listings on the Website; Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility for your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
- transmission of data over the Internet can be subject to errors and delays; and
- we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
4. CONTENT QUALITY OBLIGATIONS
4.1You warrant and represent that the Content:
- is not (i) unlawful (nor does it encourage unlawful conduct), defamatory, false, misleading, deceptive, obscene (including pornographic, hateful, racially, or ethically offensive material) and/or otherwise inappropriate, and (ii) having regard for the purpose of the platform, is not likely to cause offence or is against public policy, and (iii) that the Content will not expose us to any liability, legal proceedings or other sanction;
- does not infringe any copyright, trademark or other intellectual property rights of Property Finder or any third party whatsoever;
- is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
- will comply with the propertyfinder.ae image guidelines and any other guidelines set by us from time to time;
- will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information;
- refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
- does not directly or indirectly involve advertising or marketing anything other than a particular property;
- will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing;
- that is false or irrelevant will not be placed in any fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate; and
- does not infringe or violate any terms of use or other terms, policies or agreements of third parties who the Content may be subject to, including but not limited to YouTube’s terms of use.
4.2You acknowledge and agree that:
- we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however, we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
- we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Member Terms and Conditions, in our sole discretion;
- we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
- we may suspend your use of the Services, or terminate this Agreement in accordance with clause 5 if you fail to comply with the terms of this clause 4; and
- using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or real estate development must receive our written approval prior to being submitted through the Service.
5. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
5.1Except as permitted by Applicable Laws, you may not terminate this Contract before the end of the contracted term under any circumstances.
5.2Unless otherwise expressly stated in this Contract or terminated earlier in accordance with its terms, the term of your Contract will commence on the start date specified in the Subscription Order and continue for the period of either (i) six (6) months; or (ii) twelve (12) months as specified in the Subscription Order (“Term”).
5.3Following the expiry of the Term your contract will automatically expire unless you renew your Contract with us, in which case you understand and agree that the terms and package (including the Fee) may be subject to changes.
5.4We may terminate this contract at any time for any reason provided that seven (7) days’ written notice has been provided to you. Should you continue to use the Service following termination of the Contract, you shall remain liable for any and all Fees and/or costs incurred by you.
5.5Without limiting our other rights, we may immediately sanction you, or suspend or limit the Service and/or temporarily remove details of any property, agent, or otherwise, uploaded by you to our Website and/or terminate this Contract if:
- you fail to pay any Fees or charges due to us by the due date, or provide any security cheques as stipulated in the Contract;
- you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- you fail to comply with any of the Content Quality Obligations set out in clause 4;
- any Content or material supplied by you is unlawful or violates any copyrights, trademarks, or other intellectual property rights of any third party;
- any Content or material supplied by you infringes any Applicable Laws;
- you have engaged in any unlawful actions while using or accessing our services and the Website shall be subject to sanctions and limitations as determined in our discretion.
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
5.6Where payment obligations under your Contract are still owed by you, service shall still be provided, however limited, within our discretion, during the remainder of your Contract term.
5.7Termination of this Contract pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Contract, and any further terms as may be provided at the time of this Contract, and we reserve our right to enforce such obligations and liabilities in any event.
6. PACKAGES, FEES AND PAYMENT
6.1The Service will not be activated until full payment has been provided whether in cash, credit card payments, or postdated cheques or other forms of payment as stipulated by Subscription Order. You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Order or if no such date is specified from the date of acceptance (which will be the date we receive your confirmation of the Subscription Order) if nothing is stated in your Subscription Order.
6.2If you have elected to pay via credit card, please note that the Service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
6.3If payment via credit card on a monthly basis was elected, then you will be required to provide us with three (3) security cheques, with each cheque representing a pro rata amount of the total Contract amount.
6.4The security cheques referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. Failure to provide the security cheque(s) will result in suspension of the Service, until such time that the security cheque/s is provided to us.
6.5In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us, then we shall give you notice in writing of the “bounced” payment and provide you until the end of that month to cure the “bounced” payment. At the expiry of the month, in the event that the “bounced” payment is not cured, then you understand and agree that we shall present and cash the security cheque.
6.6Please note that if the balance of the Contract is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the Contract.
6.7Please note that any cheque issued by you that “bounces” due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
6.8The current Fees for the Service are specified in your Subscription Order. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. If you wish to change package during your Subscription Order then we reserve the right to amend any such terms in the Subscription Order including but not limited to the Fees. Please be advised that a package can only be reduced to the extent that the total current fee for the Services that you have requested, is not reduced until the end of the current Contract term. This does not prohibit packages from being varied, so long as the total value of the services subject to the change being requested is not below the total current fee for the Services being provided.
6.9If your Membership has been suspended for any reason during the term of your Subscription Order you will still be liable to pay any Fee/s due to us regardless of you receiving the Services.
6.10If your Membership has been terminated for any reason during the term of your Subscription Order, then you shall be bound to all payments due under the Subscription Order up to the point of termination. Liability for further payments under the Subscription Order shall be limited to a penalty payment in the amount of 50% of the outstanding balance of the Subscription Order.
6.11We reserve the right to amend any terms in a Subscription Order, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of these Member Terms and Conditions for your future reference.
7. REFUND POLICY
7.1Content posted on the Website, whether by credit card through the Website, or by cheque or bank transfer via a commercial contract is paid content (“Paid Content”) and must be paid for by the originator of the Content. The originator of the Paid Content has the right to a refund only if a duplicate transaction is received for any paid content on the Website. In this case, the duplicate portion of the payment will be refunded.
7.2In the cases of fraudulent or disputed transactions you should refer to your credit card provider. In all instances of payments, you are liable for any levied charges by the bank/s or the credit card clearance provider.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1To the extent allowable under the Applicable Laws in the United Arab Emirates we:
- exclude all conditions and warranties implied into the Contract;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
8.2We will not be liable under the Contract to the extent that liability is caused by:
- any breach of your obligations under your Contract with us; or
- any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Website.
8.3You 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.
8.4The Service and any functionality of the Service are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, completeness, likely results, or reliability of the Service.
9. GENERAL
9.1We may change these Member Terms and Conditions at any time on written notice. You acknowledge that our publishing of the amended version of these Member 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 the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
9.2Notwithstanding anything to the contrary in the Member Terms and Conditions we reserve the right to change the algorithm’s used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
9.3We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
9.4No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
9.5Any notice/s must be sent by e-mail, prepaid post or delivery courier to your or our last known address, in the English language.
9.6You must not assign any part of the Service and/or your obligations set out in the Contract, without our prior written consent.
9.7This Contract is subject to and governed by the laws.
9.8We treat all personal data in accordance with the Applicable Laws and our Privacy Policy.
9.9 If any term of the Contract becomes for any reason invalid or unenforceable under the Applicable Laws or by a court of competent jurisdiction over the Applicable Laws, then the validity and enforceability of the remainder will not be affected.
Live Viewings – Terms Of Use
DISCLAIMER
Live Viewings are conducted by our customers. The information communicated in a Live Viewing does not represent the views of Tamil Rental Homes.You rely on a Live Viewing completely at your own risk. Tamil Rental Homes makes no warranty as to the accuracy or reliability of the information contained or communicated in a Live Viewing and Tamil Rental Homes and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything communicated in a Live Viewing.
Tamil Rental Homes(“Tamil Rental Homes”) has launched a virtual property viewing functionality (“Live Viewings”) on the propertyfinder.ae platform, which includes its website and app (“Platform”) to enable more efficient and convenient property viewers for our users.
If you sign up for, or attend a Live Viewing on the Platform, you agree to be bound by these Live Viewing Terms of use (“Terms of Use”).
These Terms of Use, the Terms and Conditions for Users and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering for or attending a Live Viewing or our Platform, you are deemed to have accepted these Terms.
We reserve the right to change any or all of our Terms at any time by publishing the new terms on our Platform. Should you object to any of our Terms your sole option is to immediately cease your use of our Platform.
To attend a Live Viewing, you must:
- register to attend the relevant Live Viewing on the Platform; and
- accept these Terms of Use
Information disseminated in a Live Viewing or on our Platform should not be regarded as a substitute for professional legal, financial or real estate advice.
RESTRICTIONS ON USE OF LIVE VIEWINGS
In accessing a Live Viewing, you agree that you will not:
- use any automated device, software, process or means to access, record, retrieve, scrape, or index the content in the Live Viewing or on our Platform;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Live Viewing or on our Platform;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- use the Live Viewings in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any of the Terms or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Live Viewings functionality or our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
THIRD PARTY LINKS AND ADVERTISING
Live Viewings may contain advertisements, hyperlinks and pointers to websites operated by third parties, such as the relevant real estate agency / broker conducting the Live Viewing. Those third-party websites do not form part of our Platform and are not under the control of or the responsibility of Tamil Rental Homes. Tamil Rental Homes makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.
CONTRIBUTIONS
In this section ‘Contributions’, means information that you share on our Platform as permitted under the Terms, which may include but is not limited to questions you ask during a Live Viewing.
Tamil Rental Homes may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Tamil Rental Homes may remove or disable access to any or all your Contributions if it considers that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of Tamil Rental Homes or any other third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions are misleading or deceptive, inappropriate having regard to the purpose of Live Viewings, likely to cause offence, materially incorrect, obscene, defamatory or otherwise unlawful.
You grant Tamil Rental Homes a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Tamil Rental Homes and these terms.
You acknowledge and accept that in order to deliver the service to you, Tamil Rental Homes must process and store your IP address.
You represent and warrant that you own and control all of the rights to the Contributions or you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Tamil Rental Homes to display the Contributions.
You represent and warrant that you will not make any Contributions that:
- infringe the intellectual property rights of Tamil Rental Homes or any other third party;
- are misleading or deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our platform.
PLATFORM PROVIDERS
Live Viewings are conducted via YouTube and your attendance at a Live Viewing is also subject to YouTube terms of use (https://www.youtube.com/t/terms).
INDEMNITY
You agree to indemnify and hold Tamil Rental Homes and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to Live Viewings and our Platform.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TAMIL RENTAL HOMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF TAMIL RENTAL HOMES AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION.
Live Viewings are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of Live Viewings.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws.
CONTACT DETAILS
If you have any queries, complaints or recommendations about the Platform or the Live Viewings feature, please contact us at the following address: info@tamilrentalhomes.com.
Live Viewings – Terms And Conditions
Tamil Rental Homes (“Tamil Rental Homes”) has launched a virtual property viewing functionality (“Live Viewings”) on the propertyfinder.ae platform, which includes its website and app (“Platform”) to enable more efficient and convenient property viewings for our users.
If you register or conduct a Live Viewing on the Platform, you agree to be bound by these Live Viewings Terms and Conditions (“Terms and Conditions”).
These Terms and Conditions, the Terms & Conditions For Agents & Advertisers and our Privacy Policy (together the “Terms”) form the basis on which you may access and use Live Viewings. By registering or conducting a Live Viewing or our Platform, you are deemed to have accepted these Terms.
We reserve the right to change any or all of our Terms at any time by publishing the new terms on our Platform. Should you object to any of our Terms your sole option is to immediately cease your use of our Platform.
To conduct a Live Viewing, you must:
- possess all the required licenses to advertise and engage in transacting real estate for sale and/or rental
- have obtained the prior written consent of the property owner, or the relevant person or entity acting with the authority of the property owner to conduct the Live Viewing; and
- register the relevant Live Viewing on the Platform, including the date, time, listing and any other requirements notified by Tamil Rental Homes from time to time.
RESTRICTIONS ON USE OF LIVE VIEWINGS
By conducting a Live Viewing, you agree that you will not:
- use any automated device, software, process or means to access, record, retrieve, scrape, or index the content in the Live Viewing or on our Platform;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Live Viewing or on our Platform;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- use the Live Viewings in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any of the Terms or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the content of any Live Viewing, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Live Viewings functionality or our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
CONTRIBUTIONS
In this section ‘Contributions’, means information that you share during a Live Viewing.
Your Contributions do not represent the views of Tamil Rental Homes and Tamil Rental Homes may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Tamil Rental Homes may remove or disable access to any or all your Contributions or take any further actions that are reserved in the Members Terms and Conditions (For Agents and Advertisers), if it considers that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of Tamil Rental Homes or any other third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions are misleading or deceptive, inappropriate having regard to the purpose of Live Viewings, likely to cause offence, materially incorrect, obscene, defamatory or otherwise unlawful.
- those Contributions are otherwise in breach of these Terms and Conditions
Furthermore, you represent and warrant that you will not make any Contributions that:
- infringe the intellectual property rights of any third party;
- are misleading or deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our platform.
INTELLECTUAL PROPERTY
The Live Viewings are conducted by you using our Platform. You acknowledge and agree that we (or our licensor, as applicable) own all intellectual property rights in the Live Viewings functionality, the Live Viewing recordings, and the Platform. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Live Viewings functionality, Live Viewing recordings or the Platform.
PLATFORM PROVIDERS
Live Viewings are conducted via YouTube and conducting a Live Viewing is also subject to YouTube terms of use (https://www.youtube.com/t/terms).
INDEMNITY
You agree to indemnify and hold Tamil Rental Homes and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to Live Viewings and our Platform and any Live Viewings conducted by you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TAMIL RENTAL HOMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF TAMIL RENTAL HOMES AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION.
The Live Viewings functionality and the Platform are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of Live Viewings functionality and the Platform.