PLEASE READ CAREFULLY AND WITH UTMOST SINCERITY AND CONSIDERATION THESE TERMS AND CONDITIONS AND GUIDING PRINCIPLES OF YOUR USE OF https://www.direkt.ae AND ITS SERVICES, YOUR SUBSCRIPTIONS AND THE INFORMATION CONTAINED THEREIN.
1. This Terms of Use agreement (this “Agreement”) is a legal agreement between you (“Subscribers”, “Guests”, “any other Users” or “your) and DIREKT FZCO (“DIREKT”, “we”, “us” or “our”) providing, among other things, the terms and conditions and guiding principles for your use of our website accessible at https:// www.direkt.ae (the “Website”).
2. By using this Website, you accept and agree to the terms and conditions of this Agreement without any reservations, modifications, additions, or deletions or make such evasion of any responsibility. If you do not agree to the Terms of Use contained in this Agreement, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of this Agreement.
3. DIREKT may from time to time modify these Terms of Use and will post a copy of any amendments on the Website and may require a new declaration from You of its acceptance and the undertaking to abide with the updated Terms of Use. If you do not agree to, or cannot comply with, the updated Agreement, as amended, you should not use the Website or your existing subscription shall be suspended until such acceptance, otherwise, it will be revoked.
4. On your default or failure on the declaration of acceptance of this Agreement and any of its amendment or updates, DIREKT reserves the right to refuse to provide usage, access, and services to anyone at any time.
5. To use this Website, you are of legal age and may enter into a contract of your own will and disposition. You further represent that you have read and understood, and that you agree to be bound by this Agreement.
6. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not attempt to access this Website.
7. This Terms of Use agreement (this “Agreement”) is a legal agreement between you (“Subscribers”, “Guests”, “any other Users” or “your) and DIREKT FZCO (“DIREKT”, “we”, “us” or “our”) providing, among other things, the terms and conditions and guiding principles for your use of our website accessible at https:// www.direkt.ae (the “Website”).
8. By using this Website, you accept and agree to the terms and conditions of this Agreement without any reservations, modifications, additions, or deletions or make such evasion of any responsibility. If you do not agree to the Terms of Use contained in this Agreement, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of this Agreement.
9. DIREKT may from time to time modify these Terms of Use and will post a copy of any amendments on the Website and may require a new declaration from You of its acceptance and the undertaking to abide with the updated Terms of Use. If you do not agree to, or cannot comply with, the updated Agreement, as amended, you should not use the Website or your existing subscription shall be suspended until such acceptance, otherwise, it will be revoked.
10. On your default or failure on the declaration of acceptance of this Agreement and any of its amendment or updates, DIREKT reserves the right to refuse to provide usage, access, and services to anyone at any time.
11. Permission For Use – DIREKT grants a limited, non-exclusive, non-transferable authority to access and use the Website in accordance with the terms and conditions of this Agreement. DIREKT reserves all rights, title and interest not expressly fully granted under this limited authority (Permission for Use) possible under applicable laws of the competent jurisdiction. Any use of the Website not specifically permitted and purposed under this Agreement is strictly prohibited or void.
12. Restrictions and Limitations on the Use of the Website - Subscribers, Guest, or any other Users registered and permitted to use or view the Website, do agree NOT to:
i. use the Website to reproduce, transmit, display, or distribute any material for any commercial or trading purposes.
ii. copy, store, edit, change, prepare any information or alter in any way any of the content provided on the Website for re-distribution and commercial gain; or
iii. not to assign or transfer the permission of use granted this Agreement. Any attempt to assign, or transfer any of the rights, duties, or obligations in violation of the terms of this Agreement is void and shall not result any binding effect to any third party.
iv. use the Website in any way that violates the terms of this Agreement and/or the laws of the competent jurisdiction and/or public morals and against public order.
v. make any impersonation or misrepresentation of any person or entity or any other registered User or misrepresent any agency with these persons, entity or registered Users.
vi. to modify, tamper, disable, or otherwise affect adversely any security features of the Website that restrict use or impose any limitations on use of the Website or the information therein the Website in contrast to the purpose and objectives of posting such information therein or gain of such information by other users.
vii. do any acts or make any statements that may constitute or boost a behavior that will lead to or be considered to commit a criminal offence or give rise to or promote a civil liability, or otherwise will be contrary to the law of the jurisdiction or that will infringe the rights of any other persons or third party.
viii. upload, promote, submit, or transmit to or from the Website any material, data or information for which all necessary licenses, consent, permit and/or approvals to use such were not obtained.
ix. attempt to gain unauthorized access or manipulate any section, pages or component of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
13. Subscribers, Guest, or any other Users registered and permitted to use or view the Website acknowledges that DIREKT owns or has a license to all title and copyrights in and to the content provided on the Website. All title and intellectual property rights in and to any licensed content provided on the Website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and civil ordinances and subject to use restrictions under such laws or ordinances.
14. DIREKT owns all applicable Intellectual Property Rights in and associated with the Website, including without limitation, any trademarks, trade names, designs, dedicated text or graphics and the manner it is laid or placed thereof.
15. Nothing contained on the Website or the grant of access upon registration or subscription should be construed as an implied grant or any other means of any authority or permit or right to use any trademark displayed on the Website without an express and written consent by DIREKT.
16. Subscribers, Guest, or any other Users registered and permitted to use or view the Website declares that it has read and understood the disclaimer statement on “For Personal Use Only; No Re-use or Distribution” of the Disclaimer posted hereon Website.
17. Photos or videos posted or uploaded onto the Website are the property of their respective owners and DIREKT by implications of its uploading and posting on the Website by the concerned party-user. The use of these images without the express written consent of DIREKT, if sourced from the Website is forbidden.
18. Users are not permitted to modify or alter in any way or means of any copies whether digital or printed sourced from the Website.
19. Subscribers, Guests, or any other Users registered and permitted to use or view the Website are encouraged to report to DIREKT any actual infringement of any Intellectual Property Right, misuse of the information and/or commission of any fraud using any information, the trademarks or any registered and protected information or Intellectual Property Rights found on the Website.
20. Third Party or any other concerned party which is a true owner or holder of any Intellectual Property Right or an agent of such owner finds that any material, data or content on the Website relates or is to be an infringement upon their own Intellectual Property Right, may submit a notification to DIREKT along with such proof of ownership and valid contact details, to remove or suspend such information from being published on the Website; for avoidance of doubts, DIREKT shall make ample consideration to consult the registered User whom had used and posted such information on the Website and their reasoning for having use such information or their rights to use such information. Thereafter, DIREKT shall make the decision for the removal as appropriate of said information from the Website.
21. The Website may contain third-party trademarks, service marks, graphics, and logos which are or may be uploaded by concerned Users or DIREKT. Users are not granted any right or license with respect to DIREKT’s own trademarks or that of the trademarks of any third party.
22. Unless otherwise addressed in this Agreement, your use of this Website is subject to DIREKT’s privacy policy, which is made integral and made a part of this Agreement. It is important that you read and understand the terms of DIREKT’s privacy policy. Upon orders of competent authority, DIREKT may comply to disclose information (including your account information) to any authority, government official or third-party, without need of giving any prior notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal act, breach, violation or infringement, whether related to your use or misuse of the Website or any information on the Website.
23. If you submit or post on the Website any property listing, comments or review of any listing or any queries or responses to queries such material, data or information will be deemed public in nature and such may be used by DIREKT in any manner it deems suitable and applicable.
24. DIREKT has no obligations to make any prior inspection, review, or prior screening of any uploaded information.
25. f you upload any information to the Website: you declare that:
i. the uploaded information is owned by you or have been granted with full rights for and behalf of the owner and that no other party has any rights over such information nor any objection and claim over its uploading.
ii. DIREKT is granted a free, unrestricted, irrevocable, non-exclusive, and assignable right to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such uploaded information in its sole discretion, with or without notice or mention of your account.
iii. in case of uploading or listing any properties whether for the intent to sell or for lease or rent, such property must be currently available or capable for sale or lease. It is DIREKT’s sole discretion to remove any listings, if it is found to be in any discrepancy or doubts arise to its true nature.
iv. uploaded information through the Website, is neither defamatory, misleading, deceptive, racist, discriminatory, obscene or blasphemous, and nor generally disrespectful, offensive, threatening, inconvenient or annoying and contains any other language that promotes illegal or immoral activities under the law of the jurisdiction.
iv. if the upload is for the listing of a property of any kind and nature on the Website, it shall be your sole responsibility and assurance that the property details and status are true, accurate and complete. DIREKT does not verify the property listing details provided to the Website and makes no warranties or representations as to their accuracy or completeness; DIREKT is not liable to any Subcriber, Guest or third parties that will rely or made to rely on such uploaded information.
v. if the upload is for the listing of a property of any kind and nature on the Website, it shall be your sole responsibility and assurance that the property details and status are true, accurate and complete. DIREKT does not verify the property listing details provided to the Website and makes no warranties or representations as to their accuracy or completeness; DIREKT is not liable to any Subcriber, Guest or third parties that will rely or made to rely on such uploaded information.
vi. all users whether a paid subscriber or has only temporary viewing privilege as a registered Guest, you must conduct your own due diligence and must not just rely on the details and specifications of the uploaded information; DIREKT does not verify the personalities of each Subscriber doing any listing through the Website and makes no warranties or representations as to their status, trueness and or capacity. DIREKT is not liable to any Subcriber, Guest or third parties that will rely or made to rely on such uploaded information or that party making such upload or listing.
vii.you have such legal capacity over such property and to make such listings and offer over such property for sale, lease, or any other mode of transfer.
viii. on listing and advertising of such property through the Website, you possess a valid license or permit from competent regulatory bodies or departments of the jurisdiction in accordance with applicable laws or ordinances of such jurisdiction. This includes if said property is an Off-Plan (pre-selling of Under Construction projects/properties), you fully warrant that you are permitted by applicable law or ordinances and that you bear such necessary permits or licenses to conduct listing and offers of such Off-Plan projects.
ix. you possess a valid, formal written consent and/or Power of Attorney and that you are legally entitled to enlist such property and make such offer on behalf of the Developers, Owners, and Landlords before uploading, advertising or listing on the Website.
x. you are legally authorized and have legal capacity to make such purchase or rent/lease the property listed; including such financial capabilities to complete any transactions.
xi. the use of the Website and to make any purchase or rent/lease of any property listed on the Website shall not breach any applicable law of the jurisdiction, cause or intend to cause any harm to any third party, particularly to existing rules and regulations regarding anti-money laundering and that there be no cohesion between the Seller and Buyer to evade such anti-money laundering policies of the jurisdiction.
xii. DIREKT will not be liable for any delay or failure to perform any of its obligations under the Agreement by reasons, events, or other matters beyond reasonable control of DIREKT or its staffs, service providers and contractors, including but not limited to any part of any subscribers’ direct transactions or contract among themselves resulting from their use of the Website.
26. Nothing in this Agreements described herein shall be construed as creating any agency, partnership, or joint venture between DIREKT and any other Parties.
27. Nothing in this Agreements described herein shall be construed as creating any agency, partnership, or joint venture between DIREKT and any other Parties.
28. DIREKT is entitled to assign or subcontract any or all its rights and obligations under this Agreements described herein, however, you shall not assign or otherwise transfer your rights or obligations under this Agreements to any party without the prior written consent of DIREKT.
29. If this Agreement are made to be translated into any other language for convenience of any User, and there arises any discrepancy between the wordings herein published in English text and the text of the translation on other language, the wordings herein published in English text shall govern.
30. No waiver by DIREKT of any term or condition set forth in this Agreement be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DIREKT to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any right, remedy, authority, or privilege will be effective only if it is expressed and made in writing.
31. If any of the terms of this Agreement is determined illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms or condition shall be deleted and the rest of the terms of this Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
32. This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applicable in the Emirate of Dubai. Any dispute arises under or in connection with the terms of this Agreement shall be subject to the exclusive jurisdiction of the Courts of the Emirate of Dubai.