1.1. Whenever you log in to the Website

Whenever you log in to the Website and use the services of the Website or company, you agree to be bound by the following terms. These Terms set out the relationship between ESTATY and you and the terms on which ESTATY provides the Website and general terms applicable to your use of the Website and services. You may not use this Website if you do not agree to these Terms. These terms are effective from 1st November 2023.

1.2. ESTATY will endeavor to ensure

ESTATY will endeavor to ensure that the information contained in this Website is accurate and up-to-date, but ESTATY accepts no liability for omissions or errors in the information or any consequences that result from that (including without limitation any direct or indirect loss or damage of any nature whatsoever).

1.3. ESTATY is not liable for any damage

ESTATY is not liable for any damage to your computer equipment or software which may occur on account of your access to or use of this website, or your downloading of materials, data, text, or images from any part of this website, whether caused by a virus, bug or otherwise.

1.4. ESTATY does not guarantee the availability

ESTATY does not guarantee the availability of the Website and services at any particular time. If for any reason any part of the Website is not capable of running as planned for any reason (including infection by computer virus, tampering, unauthorized intervention, fraud, network, server, or other technical failures), ESTATY has the right to discontinue the Website.

1.5. You may not link to this website

You may not link to this website without seeking the prior written consent of ESTATY. You may not frame the ESTATY website on another website without seeking the prior written consent of ESTATY. You may not charge third parties for accessing the content of the website, nor can you in any way remove or copy, and then commercialize its content. You may not change, edit, add to or produce summaries of its content anywhere else.

1.6. ESTATY will take reasonable precautions

ESTATY will take reasonable precautions to ensure the Website is safe to use, but ESTATY does not warrant that this Website is virus free or free from anything else that may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. ESTATY is not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or of ESTATY’s services. This includes anything that happens when you download material from the Website.

1.7. Any purchase, dispute or claim arising out of or in connection

Any purchase, dispute, or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

1.8. The displayed price and currency at the checkout page

The displayed price and currency at the checkout page will be the same price and currency printed on the Transaction Receipt, and the amount charged to the card will be shown in your card currency.

2. LISTINGS

2.1. Properties details shall be provided by ESTATY

Properties details shall be provided by ESTATY in the format notified to all Subscribers on the Website and shall be changed as the benefits of all parties.

2.2 (A) Developers who provide properties details shall be accurate

(A) Developers who provide properties details shall be accurate, up-to-date, and not misleading and with the images, they will be uploaded to the Website, the draft will be revised and accepted by ESTATY. (B) The Subscriber is responsible for checking the accuracy of the information by contacting the Developers.

2.3. ESTATY does not and cannot guarantee

ESTATY does not and cannot guarantee the accuracy, integrity, or quality of Developers Content. Additionally, ESTATY is not liable for any loss or damage that you suffer because of your use of or reliance on the Developers Content. Developers Content may not be accurate – please make your own inquiries.

3. SERVICE AND DEFECTIVE SERVICE

3.1. The Website will allow the Subscribers to view material

The Website will allow the Subscribers to view material that has been included on the Website by ESTATY and Developers if they feel it would be mutually beneficial to contact any Developer through the appropriate means on the Website if they feel that a Property might be suitable for a person or entity.

3.2. Communication via the Website and thereafter must be carried out

Communication via the Website and thereafter must be carried out by qualified, competent personnel and must be performed in a professional manner.

3.5. In using the services provided by the Website, the Subscriber agrees not to:

(a) Contact any parties who do not wish to be contacted; (b) Stalk or harass other Developers Personnel.

4. LIABILITY AND INDEMNIFICATION

4.1. The availabilities inside the Website don’t guarantee availabilities

4.1. The availabilities inside the Website don’t guarantee availabilities on Developers List at the same time. Availabilities might be delayed in update, please contact the developers for offers.

4.2. ESTATY will not be liable to any person for:

(a) Losses that were caused directly or indirectly by details; (b) Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure); (c) Any indirect or consequential loss or damage howsoever described or claimed.

5. VISIBILITY, LOGO, AND IDENTIFYING SIGNS.

5.1. The Developers grants ESTATY a non-exclusive license

The Developers grants ESTATY a non-exclusive license to display their trade mark, logo, and other identifying signs (the “Brands”) in relation to any marketing materials that may be created and for the Website.

6. TERM AND TERMINATION

6.1. This Agreement will commence on the subscription/ payment date

This Agreement will commence on the subscription/ payment date and will continue for the Term in effect unless terminated.

6.2. In addition, ESTATY reserves the right to suspend access

In addition, ESTATY reserves the right to suspend access to the Website/services at its sole discretion and without notice if the Subscriber: (a) Breach this Agreement, including a failure to pay the Fees in a timely manner or breaches the terms of any of ESTATY’s policies; (b) Does anything that adversely affects ESTATY’s business or reputation; (c) Is, in the opinion of ESTATY, disrupting, disturbing, or interrupting the operation of the Website in any way harassing or otherwise disrupting the use of the Website by any other Subscribers.

6.3. In the event of a termination of the Agreement by the Subscriber

In the event of a termination of the Agreement by the Subscriber pursuant to this term 7, ESTATY will have no further obligations under this Agreement, whatsoever.

6.4. If ESTATY exercises its rights of termination under this term 7

If ESTATY exercises its rights of termination under this term 7, it will not be liable to the Subscriber for any losses, claims, damages, fees, liabilities, costs, or expenses suffered or incurred by the Subscriber and resulting from such termination. In any event, under no circumstances will ESTATY be liable to the Subscriber for any indirect or consequential loss (including loss of goodwill, loss of profit, loss of any contract, loss of opportunity, loss of anticipated profits or revenue, or costs of capital) as a result of termination of this Agreement howsoever caused.

7. EXCLUSIVITY

7.1. ESTATY does not commit to any exclusivity under this Agreement

ESTATY does not commit to any exclusivity under this Agreement and is entitled to enter into similar agreements with other Subscribers in the same field as the Subscriber for provision of services similar or identical to those provided by the Subscriber under this Agreement whether for the Website or for any other business that ESTATY may undertake.

7.2. The Subscriber agrees that it will not enter into any agreement

The Subscriber agrees that it will not enter into any agreement with a third party for the provision of information equivalent to that provided under this Agreement.

8. COMPLIANCE WITH LAWS

8.1. In performing the services under this Agreement, the Subscriber must at all times comply

In performing the services under this Agreement, the Subscriber must at all times comply with, and must ensure that its employees and agents at all times comply with, any and all applicable laws or regulations, regulatory policies, guidelines, or industry codes which apply to the provision of services, including, without limitation, any applicable data protection laws and that all authorization or license that are necessary or desirable have been obtained.

8.2. The Subscriber commits not to make use of any data, information

The Subscriber commits not to make use of any data, information, whether personal, privileged or other to which the Subscriber has access or when such information or data are made available to the Subscriber through the Website or in the course or for the purpose of performing the services under this Agreement.

9. REPRESENTATIONS AND WARRANTIES OF THE SUBSCRIBER

9.1. The Subscriber will create the Listing and the Client Information

The Subscriber will create the Listing and the Client Information with the highest levels of professionalism and efficiency, in accordance with the provisions of this Agreement and use the utmost care, skill, and diligence in providing the services which are included in this Agreement, in accordance with industry best practices and to the highest levels of safety and ethical standards.

9.2. The Subscriber must ensure that its key personnel conduct themselves at all times

The Subscriber must ensure that its key personnel conduct themselves at all times in a manner that promotes and supports the facilitation of services on the Website and services, and the goodwill and professionalism of ESTATY and not undertake or take part in any conduct of whatever nature which is defamatory or otherwise harmful to ESTATY or any of its directors, employees, or officers.

9.3. The Subscriber has all necessary authority, approvals, licenses

The Subscriber has all necessary authority, approvals, licenses, power, and capacity to enter into and perform this Agreement, and the Subscriber ensures that all necessary actions have been taken to enter into it properly and lawfully.

9.4. The performance of the Agreement by the Subscriber will not infringe

The performance of the Agreement by the Subscriber will not infringe any third-party copyright, patents, trademark, trade name, or other intellectual property rights registered or in effect anywhere in the world in such a way that it may give rise to an IPR Claim by such a third party.

10. FORCE MAJEURE

10.1. Neither of the Parties to this Agreement will be responsible

Neither of the Parties to this Agreement will be responsible to any other Party for any delay in performance or non-performance of its obligations under this Agreement due to any cause beyond its reasonable control, but the affected Party will promptly upon the occurrence of any such cause so inform the other Party in writing, and thereafter such Party will use reasonable endeavors to comply with the terms of this Agreement as fully and as promptly as possible.

10.2. If performance of the Agreement is suspended under this term for more than thirty (30) consecutive days

If performance of the Agreement is suspended under this term for more than thirty (30) consecutive days, Subscribers may by notice in writing to ESTATY terminate this Agreement, refund their fees without the need to obtain a Police case or a court order.

11. CONFIDENTIALITY

11.1. Each Party agrees to keep strictly confidential

Each Party agrees to keep strictly confidential the existence and the terms of this Agreement and all confidential information relating to the other Party that it has obtained during the course of negotiating this Agreement or that it may obtain during the Term.

11.2. Each of the Parties agrees:

(a) Not to use or disclose such Confidential Information except in order to comply with the express terms of this agreement or as otherwise agreed in writing with the disclosing Party; (b) To procure that all persons or entities to whom they do disclose the Confidential Information for the purpose only of the performance of the terms of this Agreement keep it strictly confidential; and (c) That any such persons, are in respect of such Confidential Information, bound by confidentiality obligations equivalent to the terms of this term, not to copy or reproduce any Confidential Information of the disclosing Party without the prior written consent of such Party.

11.3. The provisions of this term do not apply to:

(a) Information that has come into the public another than by breach of this term; (b) Information that is lawfully obtained from a third party without breach of this term.

11.4. Each Party may disclose Confidential Information if and to the extent that

Each Party may disclose Confidential Information if and to the extent that any part of the Confidential Information is required to be disclosed by a regulatory or government body or court of competent jurisdiction with power to impose the disclosure provided that, in such circumstances, the Party from whom information is required: (a) Gives the other Party prior written notice of such disclosure in a manner that permits such Party to seek a protective order or other acceptable form of relief; (b) Limits such disclosure to what is strictly required; and (c) Endeavors (insofar as is permissible) to preserve the confidentiality of any such Confidential Information that is disclosed.

12. ASSIGNMENT

12.1. The Subscriber may not assign or transfer any of its rights under this Agreement

The Subscriber may not assign or transfer any of its rights under this Agreement without the prior written consent of an authorized signatory of ESTATY.

12.2. The Subscriber acknowledges that its obligations under this Agreement

The Subscriber acknowledges that its obligations under this Agreement are personal to it and that it cannot subcontract any of its obligations under this Agreement to a third party without first receiving prior written approval from ESTATY.

13. MISCELLANEOUS

13.1. The Parties are independent contractors.

The Parties are independent contractors. Neither Party’s personnel are employees or agents of the other. Nothing in this Agreement will be construed as creating a joint venture, partnership, or employment relationship nor will either Party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

13.2. If any provision of this Agreement is declared invalid under applicable law

If any provision of this Agreement is declared invalid under applicable law, the affected provision will be considered omitted or modified to conform to applicable law, and all other provisions will remain in full force and effect.

13.3. This Agreement may be executed in counterparts

This Agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which will constitute one and the same agreement. Each Party agrees that a signature affixed to a counterpart of this Agreement and delivered by facsimile by any person is intended to be its, his, or her signature and will be valid, binding, and enforceable against such a person.

13.4. This Agreement contains the entire understanding between Subscriber and ESTATY

This Agreement contains the entire understanding between Subscriber and ESTATY and replaces and supersedes any previous agreement between the Parties. If any translations of this Agreement are made, the English version will take precedence.

13.5. No failure or delay on the part of ESTATY in exercising any right

No failure or delay on the part of ESTATY in exercising any right, power, or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy that is available under this Agreement. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any other rights, powers, or remedies, now or hereafter existing, at law or in equity or otherwise.

13.6. Any notice under this Agreement will be sufficient only if in writing

Any notice under this Agreement will be sufficient only if in writing and in the English language and sent to ESTATY or Subscriber, as the case may be, by email/ WhatsApp delivery to their registered addresses/ Contact Number.

13.7. This Agreement will be governed by the laws in force in the emirate of Dubai, United Arab Emirates.

This Agreement will be governed by the laws in force in the emirate of Dubai, United Arab Emirates. Any dispute regarding this Agreement will be subject to the exclusive jurisdiction of the Courts of Dubai.

13.8. This is a 12 Months agreement; it shall be continued upon acceptance to the new terms or pricing – if any- by the subscribers.

This is a 12 Months agreement; it shall be continued upon acceptance to the new terms or pricing – if any- by the subscribers.

14. EXTERNAL SERVICE PROVIDER REFERRALS

14.1. ESTATY is acting as an introducer only, and shall be indemnified

ESTATY is acting as an introducer only, and shall be indemnified and held harmless (including without limitation their shareholders partners and employees or agents known or known in the future) from and against any losses, liabilities, claims, penalties, costs that may be incurred in connection with a dispute between the agency, the broker, the end Subscriber or the external service provider introduced via ESTATY.

15. NOTES

15.1. Country of domicile is United Arab Emirates, and the local law is the governing law

Country of domicile is United Arab Emirates, and the local law is the governing law.

15.2. AED is the currency accepted for payments.

AED is the currency accepted for payments.

15.3. We are 100% free for the public, and any fees paid are to enhance your Listing.

We are 100% free for the public, and any fees paid are to enhance your Listing.

16. CHANGES TO THE TERMS

16.1. ESTATY may change these Terms

ESTATY may change these Terms at any time. If ESTATY makes changes to these Terms, the date on which the Terms were last modified will be updated. If ESTATY makes any changes which the Subscribers do not agree with, the Subscribers must not continue to use the Website. The Subscribers will continue to be bound by these Terms for all prior uses of this Website, or any service provided via the Website.

16.2. The Subscribers will be notified via email when the terms are changed

The Subscribers will be notified via email when the terms are changed.