- Arabiacart.com (the "Website") is a community content website operated by Arabia Cart Limited and its affiliates (referred to as “Dubizzle” or “we”). Content (as defined in Clause 3 below) is uploaded by Arabia Cart and other users of the Website.
2. Dubizzle’s Proprietary Rights
- You agree that Arabia Cart Limited (or its affiliates, as the case may be) is the owner or the licensee of all intellectual property rights in the Website, and the Website itself is a collective work and/or compilation solely owned by Dubizzle. The Website is protected by copyright laws and treaties around the world.
- You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, encumber any aspect of the Website or any Content (as defined in Clause 3 below).
- You also may not modify or create derivative works of any aspect of the Website or any Content (as defined in Clause 3 below), other than with respect to your own Content (as defined in Clause 3 below).
- You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website or any software or database connected to the Website.
- "Content" refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the Website.
- By posting Content on the Website:
- you grant Arabia Cart the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose Arabia Cart sees fit;
- you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
- you permit any other user of the Website to access, display, view, store and reproduce such Content; and
- you grant Arabia Cart the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent Arabia Cart sees fit.
- Arabia Cart is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Website.
- Arabia Cart reserves the right to (1) refuse to share or display, (2) move; or (3) delete any Content posted on the Website.
- Arabia Cart aims to update the Website regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.
4. Paid Content
- Content posted on the Website that requires payment, whether by Credit Card through the website, or by check via a commercial contract is paid content ("Paid Content") and must be paid for by the originator of the Paid.
- Prepaid Listings:
- Users wishing to list Paid Content on the Website will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, Arabia Cart shall list the Paid Content to the appropriate section of the Website.
- Paid Content purchased using Dubizzle’s nominated third-party payment processing site must be paid for with a credit or debit card issued by Visa or Mastercard. You must be authorized to use the payment method you select.
- Under no circumstances shall Arabia Cart be obliged to refund any payments made in respect of prepaid individual listings.
- Prepaid Listing Accounts:
- Prepaid listing accounts are available for users who wish to post a larger volume of Paid Content over a specified time-period. Prepaid listing accounts are paid in periodic payments in accordance with the terms of a Prepaid Listing Account Booking Form (as defined below).
- If you wish to set up a prepaid listing account you should contact Arabia Cart at advertise@Arabiacart.com. Arabia Cart reserves the right to refuse any application prepaid listing account at its own discretion with or without valid reason.
- Upon receipt of prepayment, Arabia Cart will activate your prepaid listing account and credit your account with the agreed number of listings and you will be authorised to list properties for sale and/or rent on the Website.
- Once the number of listings posted reaches the agreed limit or the account time period expires (whichever occurs first) you will no longer be able to list additional properties for sale and/or rent on the Website.
- If Arabia Cart does not receive a periodic payment when due, it reserves the right to suspend your account(s) and/or remove all Paid Content posted using any of your accounts until the arrears are brought fully up to date including in respect of any charges or processing fees reasonably incurred by Arabia Cart as a result of your non-payment. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PERIODIC PAYMENTS. FAILURE TO SATISFY A PERIODIC PAYMENT OBLIGATION WILL RESULT IN DISRUPTION TO YOUR PREPAID LISTING ACCOUNT.
- Arabia Cart reserves the right to increase listing rates at its own discretion. Arabia Cart agrees to promptly notify (via email) holders of prepaid listing accounts of any rate increases and their revised periodic payments.
- You may cancel a prepaid listing account at any point after the expiry of three months from the campaign start date as set out in the Prepaid Listing Account Booking Form by giving Arabia Cart not less than 30 days prior notice of your intention to cancel. Cancellation notices should be sent to your designated account manager and copied to advertise@Arabiacart.com. For the avoidance of doubt you are obliged to meet your payment obligations until the expiry of the 30 day cancellation notice period. Upon expiry of the 30 day cancellation notice period Arabia Cart will deactivate your account and you will no longer be able to list additional properties for sale and/or rent on the Website.
- You agree to not abuse the standard process by which Arabia Cart operates its Paid Content section, which includes but is not limited to, altering information in Property Feeds to manipulate the listing of properties, spamming the section with multiple listings of the same content, scraping information from listings or general disruption of the normal process Arabia Cart has in place. If Dubizzle, in its sole and absolute discretion, finds you to be in violation of this, it reserves the right to suspend your account for a period of two weeks. If after reinstating your account, Dubizzle, in its sole and absolute discretion, finds you to be in violation of these Terms for a second time, it reserves the right to cancel your contract.
- Upon deactivation of your prepaid listing account Arabia Cart will be under no obligation to offer any refund in respect of any unexpired time period or unused listings. Arabia Cart will return or destroy any post-dated cheques in its possession once all outstanding payment obligations owed to Arabia Cart have been satisfied.
- Arabia Cart is neither responsible nor liable for the perceived success or failure of any Paid Content posted on the Website.
5. Links to Third Party Sites
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6. Notification of Claims of Infringement
- It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates.
- Arabia Cart is not responsible for any Content submitted by a user that infringes another’s proprietary rights.
- If you are aware of any Content that you believe infringes on yours or a third party’s proprietary rights, please contact us.
- Please include in any such notice:
- a link to the alleged infringing material;
- a description of the alleged infringing material;
- a statement contesting that the copyrighted material was not posted by the holder or permitted licensee of said copyright;
- your contact details (including email address); and
- your signature (physical or electronic).
8. Access and Linking to the Website
- Your access to the Website is provided on a non-exclusive, temporary and revocable basis by Dubizzle, and Arabia Cart reserves the right to withdraw or amend your right to access to the Website without notice.
- Arabia Cart will not be liable if for any reason the Website is unavailable at any time or for any period.
- You may not:
- use any robot spider, scraper or other automated means to access Arabia Cart and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of classified listings; and
- harvest or otherwise collect information about others, including email addresses, without their consent.
- You may establish a hyperlink on your website to the Website, or to postings within the Website, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of Dubizzle’s reputation (or of any person connected to Dubizzle).
- You must not establish a hyperlink in a misleading way or as to suggest any form of association, approval or endorsement of Arabia Cart or any other third party where none exists.
- The Website must not be framed on any other website.
- You may not: use automated means to post content on Arabia Cart (via the web interface) without our consent.
9. Limitations on Your Usage of the Website
- Arabia Cart may establish any limitations, in our sole discretion, on your usage of the Website, including, but not limited to, limitations on the length of time that Content may remain on the Website, the file size of an individual item of Content, number of items of Content that can be posted.
10. Conduct & Acceptable Use; No Spam
- You agree to not post, email, or make available through the Website any Content that is objectionable to Arabia Cart or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Website any Content that:
- is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information harmful to minors;
- is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
- is pornographic or any kind of nudity, sexually explicit or perverse content;
- is anti-Islamic or in any way derogatory towards Islam;
- is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
- impersonates any another person;
- includes personally identifiable information about another person without their permission;
- is false or deceptive;
- solicits the sale of goods or services, except when (1) posted in the appropriately designated area of the Website for such sales, or (2) emailed to another user of the Website who expressly wish to be contacted by you;
- includes links to other websites, except when (1) expressly approved by Arabia Cart in writing, and (2) posted in a posting uploaded by you in the appropriately designated area;
- advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
- violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
- contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- disrupts the normal flow with an excessive number of messages; or
- uses misleading contact details to disguise the true origin.
- You further agree not to:
- contact people who do not wish to be contacted;
- stalk or harass other users of the Website;
- collect personal information about users for commercial or unlawful purposes;
- post Content that is irrelevant or unrelated to the category or discussion thread where such Content is posted;
- post the same good or service in more than two categories;
- to post, email, make available through the Website or contact Arabia Cart or any other users of the Website with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
- attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website,
- for the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and Arabia Cart reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 9 from accessing the Website.
11. Dealings with Third Party Organization and Individuals
- Arabia Cart operates the Website as an online community portal for buyers, sellers, consumers and community members. Arabia Cart does not sell any item listed on the Website directly and is never a party to any transaction between buyers and sellers. As a result, Arabia Cart does not (a) guarantee or ensure any item listed on the Website or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any item listed on the Website. Furthermore, Arabia Cart is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and 1 or more other user(s) of the Website, and Arabia Cart will not be liable in any way for any such interactions or dealings.
- You will not hold Arabia Cart responsible for other users' Content, actions or inactions, items they list or the destruction of allegedly fake items. While we may help facilitate the resolution of disputes, Arabia Cart is not obliged to participate in any dispute between you and other user(s) of the Website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly motor vehicles and real estate, an offer initiates a transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
- You acknowledge that Arabia Cart does not monitor, verify or approve Content, and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Website.
12. Disclaimer of Warranties
- You use the Website at your own risk.
- The Website is provided without warranty and is provided on an “as is, as available” basis.
- Arabia Cart HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, Arabia Cart SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:
- IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY;
- OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR
- FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
13. Limitation of Liabilities
- To the maximum extent permitted by applicable law, Arabia Cart hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- In particular, Arabia Cart is not liable for any damages or losses resulting to you or a third party from:
- the use or the inability to use the Website;
- services or goods acquired through the Website;
- any Content displayed on the Website; or
- a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
15. Termination of Access to the Website
- Arabia Cart reserves the right to delete any of your Content from the Website at any time.
- Arabia Cart is not liable to you or a third party for any termination of your access to the Website or deletion of your posted Content.
- You agree not to try to use the Website after said termination.
19. Governing Law & Dispute Resolution
- These terms are governed by the laws of the State of New York, USA, including any federal law applicable in the State of New York, excluding any choice-of-law rules.
- In the event of any disputes between you and Dubizzle, Arabia Cart is open to first attempting to resolve the dispute in an informal and amicable manner.
- The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.
- Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
- If the arbitral panel has not been formed, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and Arabia Cart hereto do hereby submit for this limited purpose.