dubizzle.com - Place An Ad

WELCOME TO DUBIZZLE!

PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF THE DUBIZZLE.COM WEBSITE AND THE SERVICES.

21st of December, 2020

By using a http://www.dubizzle.com or the Dubizzle mobile application of the online platform (collectively, the “Website”), you confirm that you have read, understood and accept these terms of use (“Terms”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.

These Terms are made between Dubizzle (“we” “us” “our”, the “Company”, as applicable) and you (“you” or the “User”). The Company is part of the EMPG Group which operates various websites and the Website. The EMPG Group also offer services other than the Service, such as car inspections, car evaluations, and photography services. UAE mainland services such as car inspections, evaluations and car brokering services are also carried out by Dubizzle Motors LLC.

If you are a company advertising on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.

Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:

“Advertising Agreement” – an agreement for the provision of advertising services or products entered into between the Company and the Client.
“Ad Services Package” – the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
“Affiliates” – any company that is controlled or owned by Bayut, any company commonly controlled or owned by Bayut and any EMPG Group entity jointly offering the Service.
“Bayut” – Bayut Web Publishing FZ-LLC which is the owner of www.bayut.com.
“Client” – the client entity that is party to the Advertising Agreement.
“Customer” – any customer of the Client.
“Dubizzle” - Dubizzle Middle East FZ LLC which is the owner of www.dubizzle.com.
“Effective Date” – the date set out at the top of these Terms.
“EMPG Group” – the Emerging Markets Property Group (EMPG) of companies, including, without limitation, Bayut, Dubizzle and any of their Affiliates.
“Intellectual Property Rights” – all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
“Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.
“Privacy Policy” – the privacy policy of the Company from time to time.
“Product” – an online classifieds advertising platform provided on the Website and the Ad Services Package.
“Posting Agents” - a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
“Registration Details” - the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
“Service” – the provision of the Website and the Product.
“Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:

illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
harmful to the Company’s reputation.

“User Material” – material and content posted on the Website by a User or otherwise provided to the EMPG Group by a User in connection with the Website or the Service.

General Terms and Conditions Which Apply to Users

In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as “trade”, “dealer”, “agent”, “wholesale” or similar in the name of the advert they submit for publication.
The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.
The Company reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to the Company by a User.
The User’s Registration Details and data relating to its use of the Website will be recorded by the Company but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.6 below) nor used for any purpose unrelated to the Website. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.
The User hereby authorises the Company to use any information which it submits to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
If the User does not wish the Company to use its information as set out in Clause 2.6 above, it should leave the Website before submitting its personal details.
If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to legal@dubizzle.com insert unsubscribe as the subject heading of such message.
You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.
The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
For the avoidance of doubt, the Company is providing a service not goods.
The EMPG Group owns all Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Material displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.
If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:

a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;
identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material;
information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;
a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law;
a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and
a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notifications under Clauses 2.13 and 2.14 must be sent to legal@dubizzle.com.
Users will be invited to send comments to the Company email relating to the integrity and performance of other Users.
The following restrictions shall apply to all Users. You must:

not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system;
not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;
not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually;
not use the Service other than for your own personal use or as an agent listing property for sale and to rent;
not attempt to copy any Material or reverse engineer any processes without the Company’s consent;
not use any Service in any manner that is illegal, immoral or harmful to the EMPG Group;
not use any Service in breach of any policy or other notice on the Website;
not remove or alter any copyright notices that appear on the Website;
not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
not interfere with any other User’s enjoyment of the Website or the Service;
not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;
not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;
“stalk” or otherwise harass anyone;
not collect personal data about other Users or entities for commercial or unlawful purposes;
not transmit any User Material that:

harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
includes personal or identifying information about another person without that person's explicit consent;
impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and
includes links to commercial services or third party websites, except as specifically allowed by the Company.

By submitting User Material on the Website or otherwise, the User grants the EMPG Group a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. The EMPG Group will not pay the User any fees whatsoever for the User Material and reserves the right in its sole discretion to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and/or authorisations in respect of the User Material necessary to grant the EMPG Group these rights.
The Company permits the User to post User Material on the Website in accordance with the Company’s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.
The Company grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specialises in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Clause 2.20 permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.
The Company offers a service known as “Featured Ads” where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, Click & Buy, a third party website, that may be governed by its own terms of use and other policies. The Company makes no representation or guarantee as to the safety or security of the information transmitted to any third party website, and your linking to any third party website is completely at your own risk, and the Company disclaims all liability related thereto.
The Company may employ a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed in order to perform their functions, but may not use it for any other purpose. The Company does not have access to or retain any users payment information.

Paid Postings

The Company may charge a fee to post Material in some specific areas of the Service (“Paid Material”). The fee permits Paid Material to be posted in a designated area of the Website. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).
All job ads that announce several positions in one ad will be deleted after 24h of their posting and no refund will be given. Within the first 24h of the posting, the user can edit the multiple-position ad to reduce it to one position. If the ad does not get edited to fulfil the Company’s requirements, the ad will be deleted and no refund given.

Posting Agents

The Company prohibits the use of Posting Agents, directly or indirectly, without the express written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service in order to post Material on behalf of others, except with express written permission or license from the Company.

No Spam Policy

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.
Any unauthorised use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.

Limitation of Liability

The Company shall not be liable for any:

consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
loss of profit;
loss of business;
loss of revenue;
loss of or corruption to data;
loss of use;
loss of production;
loss of contract;
loss of opportunity;
loss of savings, discount or rebate (whether actual or anticipated);
harm to reputation or loss of goodwill;
loss of anticipated savings,

(in the cases of Clauses ‎6.1.2 to 6.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.

The limitations at Clause 6.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.
The limitations in this Clause 6 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
Whilst the Company will take all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.
The Website include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and, as far as the law allows, and subject to Clause 6.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
The Company does not guarantee that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.
The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.
The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.
None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.
The Website is controlled and offered by the Company from facilities in Dubai in the United Arab Emirates. The Company makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

Jobs Wanted

The Company is not responsible for the information posted by the job seekers in the Jobs Wanted section or in their CVs. The CV Search is a form of head hunting, it allows recruiters to look through the CVs in our database. However, some of the applicants may or may not match the job position you are looking to fill. Any fees paid are non-refundable once the package is used. The duration of the CV Search cannot be extended.
By placing a job seeking ad in the Jobs Wanted section, the recruiter will have access to the CV uploaded to the job seeker's profile. Once an applicant uploads their CV to their profile, it will be added to our database where recruiters will have access to it for 18 months.

Indemnity

The User agrees to defend, indemnify and hold harmless the Company, the EMPG Group and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the Website or the Service; (b) your breach of any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website and the Service.

Property For Sale and Property for Rent Categories on the Website

If you are listing a property on this Website, your obligations are as follows:

Brokers

You warrant that you possess a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are advertising.
If a project is off plan (under construction), you warrant that the project is registered with RERA.
If you are engaging in subleasing activities, you warrant that you possess a license for the activity of “Leasing and Management of Other People’s Property” from both Dubai Department of Economic Development (DED and RERA).
If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
As per the RERA regulations, you must obtain approval for every sale or leasing advertisement (located within or outside of Dubai) and display the RERA Permit Number, Office Registration Number and Broker Registration Number on all advertisements.

Developers

You warrant that you possess a valid license from RERA, or its equivalent in the Emirate in which you are advertising.
If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project.
As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.

Owners and Landlords

You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorisation to list the property on the Website.
If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).

Tenants

You warrant that you possess valid, written consent from your Landlord before advertising on the Website, and that you are legally entitled to publish such advertisement.

All Advertisers

You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded).
You warrant that the advertisement does not contain unlawful language or use of the premises, including:

defamatory, misleading or deceptive statements;
sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
sharing of a property between unrelated members of the opposite sex;
sharing of a property in any way that is deemed unlawful; and
any other language that promotes illegal or immoral activities under the law of the UAE.

If you are listing a property on any of the Website, your obligations are as follows:

The Company’s advertisements include real properties for sale or rent. The Company is not a real estate brokerage and the details of the properties available on the Website are provided to us by third party brokers, landlords, owners or developers;
The Company does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness;
You, the User of the Website, must conduct your own due diligence and must not rely on the details in the advertisements; and
The Company does verify the RERA license number of all property broker companies prior to allowing them to advertise on the Website.

Motors Category

As a User of the Website, you must not offer for sale any type of car, motor vehicle or motorcycle (“Vehicle”) that is:

located outside of the UAE, unless you can prove ownership of the Vehicle upon request;
that is not immediately for sale;
that is not accurately described by the category in which it is advertised;
that you are not the owner of, or in all other cases, which you do not have the rights to sell; or
without true and accurate pricing of the Vehicle displayed within the listing.

We may request that you provide proof of ownership and that the Vehicle is located in the UAE or has been cleared by UAE customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement/content without further notice and no refund will be made.

Call Recording for Real Estate Brokers

Some of the RERA licensed real estate brokers (Brokers) that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Services you expressly agree to having your phone call recorded when you call a Broker in relation to advertisements in the Property category of the Website and you agree that no further warning or consent is required.

Ad Services Package

If you are a Client, Customer or any of their officers, directors, employees, agents, contractors, sub-contractors or representatives, the following additional terms also apply to you:

The Company may publish on the Website any information supplied or made available to the Company by or on behalf of the Client. The Client acknowledges and agrees that the Company shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.
The Company may made operational changes to the Ad Services Package and individual products thereunder at any time. The Company will use reasonable endeavours to provide notification of material changes by posting a message on the Website or by informing the Client.
Subject to Clause 6.11, in no event shall the Company’s liability with respect to the provision of the Ad Services Package to the Client, regardless of the cause of action and losses suffered by the Client, exceed AED 20,000.

General

Subject to Clause ‎5.2, these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause ‎12.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.
If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.
Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and./or the Website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.
These Terms shall inure to the benefit of and be binding upon each party's successors.
If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.
All website design, text, graphics, the selection and arrangement thereof are Copyright ©2020, dubizzle.com, ALL RIGHTS RESERVED .
Dubizzle is a trademark of Dubizzle Ltd or its subsidiaries and may be registered in certain parts of the world.

TERMS AND CONDITIONS – DUBIZZLE PREMIUM

Dubizzle Middle East FZ-LLC (hereinafter “Dubizzle”) owns and operates the online classified advertisements platform on the website www.dubizzle.com and the mobile application of the platform (collectively, the “Website”).

These Terms and Conditions represent the terms and conditions subject to which the Services will be provided to Users. The Website Terms of Use (https://uae.dubizzle.com/terms/) shall apply in conjunction with these Terms and Conditions.

DEFINITIONS

Unless the context provides otherwise, the following terms shall have the following meaning:

“AED” means UAE dirhams;

“Applicable Law” means any law, proclamation, decree, ministerial decision, statute, statutory instrument, order, regulation, resolution, notice, legal precedent, by-law, directive, treaty or other instrument or requirement having the force of law within the UAE and issued, declared, passed or given effect in any manner by any government authority;

“Business Day” means a day other than a Saturday, Sunday or public holiday when banks generally are open for non-automated business in the UAE;

“Buyer” means a buyer of a Product;

“Initial Inspection” has the meaning given to it in clause 3.22 of these Terms and Conditions;

“Intellectual Property Rights” means all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions;

“Order” means an order from a Buyer to purchase a Product;

“Parties” means Dubizzle and the Users, and each shall be referred to as a “Party”;

“Personnel” means a Party’s officers, directors, employees, agents, contractors, sub-contractors and representatives;

“Product” means a product to be sold by Sellers to Buyers through the Services;

“Registration Details” means the details a Seller must provide upon registering for the Services and the Website from time to time (for example: name, phone numbers, email address, age, address and/or tax status) and any documentation as may be requested by Dubizzle from time to time;

“Sale Price” means the price at which a Product is sold to a Buyer;

“Seller” means a seller of a Product;

“Seller Ad” means an advertisement submitted by a Seller to Dubizzle to sell Products through the Services;

“Service Fee” has the meaning given to it in clause 3.36 of these Terms and Conditions;

“Services” means the services provided by Dubizzle, pursuant to which Users can sell and buy Products on consignment through the Website;

“Target Price” has the meaning given to it in clause 3.31 of these Terms and Conditions;

“Terms and Conditions” means these terms and conditions with respect to the Services, as amended by Dubizzle from time to time;

“UAE” means the United Arab Emirates;

“Unacceptable” means:

illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;

in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or

harmful to Dubizzle’s reputation.

“Users” means Sellers and Buyers;

“VAT” means value-added-tax;

“Website” means the online classified advertisements platform on the website www.dubizzle.com and the mobile application of the platform; and

“Website Terms of Use” means the Website user terms and all other Dubizzle policies listed on the Website, as amended by Dubizzle from time to time, which can be found at the following link: https://uae.dubizzle.com/terms/.

GENERAL TERMS

These Terms and Conditions shall be applicable with respect to the Services, and Users agree to fully comply with them by using the Services.

Dubizzle may revise, amend, discontinue or make any other changes to the Services at any time. Dubizzle will use reasonable endeavours to provide notification of material changes by posting a message on the Website or by informing Users.

Users warrant and represent that all information supplied or made available to Dubizzle by or on behalf of Users is true, accurate and not misleading or deceptive. Dubizzle has the right, but not the obligation, to remove from the Website without notice any content supplied by or information relating to Users whenever Dubizzle deems such action necessary in its absolute discretion.

Users shall, when using the Services:

ensure that Users’ and their respective Personnel comply with the Website Terms of Use and applicable law; and

obtain all necessary rights, licences and consents from regulatory authorities and other third parties.

Users shall ensure that their respective Personnel comply with all security procedures relevant to the use of the Services and interacting with Dubizzle. Users shall inform Dubizzle immediately if relevant security credentials are compromised in any way. Users shall indemnify (and keep indemnified) Dubizzle for any loss to Dubizzle resulting from the disclosure of any security credentials to a third party and/or failure by Users to keep any security credentials secure, whether such disclosure or failure was committed by an employee of such Users or otherwise.

Users hereby consent to the monitoring and recording by Dubizzle (or any of its suppliers) at any time of any communications, information or data exchanged between the Parties or suppliers of the Parties and in connection with these Terms and Conditions, use of the Services and the Website (whether this is through the use of call tracking software or otherwise).

The Seller is and shall remain the sole and absolute owner of the Products, including all rights, title and interest therein. The title and ownership of a Product will only be transferred to the Buyer when the Product has been successfully delivered to the Buyer. In the event the Buyer rejects or returns the Product, title and ownership shall revert to the Seller. The ownership of a Product, including any right, title and interest therein, shall not pass to Dubizzle under any circumstances whatsoever and nor shall Dubizzle be responsible for any transfer of ownership or any disputes with respect to the ownership of any Product. Users acknowledge and agree that Dubizzle is only acting as an intermediary between the Seller and the Buyer and under no circumstances whatsoever should Dubizzle be deemed to be the seller or the buyer of a Product.

Dubizzle will not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions by reasons, events or other matters beyond Dubizzle’s reasonable control, including but not limited to the collection and the delivery of Products.

No failure or delay by either Party to enforce, or exercise, or any partial, single or defective exercise of enforcement, of any right, remedy, power or privilege given to that Party pursuant to these Terms and Conditions shall constitute a waiver or partial waiver of any right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time. Any waiver of any right, remedy, power or privilege will be effective only if made in writing.

Dubizzle is entitled to assign or subcontract any or all of its rights and obligations under these Terms and Conditions. A User shall not assign or otherwise transfer its rights, interests or obligations under these Terms and Conditions to any third party without the prior written consent of Dubizzle.

Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or joint venture between the Parties.

Nothing in these Terms and Conditions shall confer, nor be intended to confer, any right or benefit on any third party.

If any term of these Terms and Conditions is found to be illegal, void, invalid or unenforceable under the laws of any jurisdiction this will not affect the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction, and the legality, validity and enforceability of this Agreement in any other jurisdiction shall not be affected.

If there is any conflict between the terms of these Terms and Conditions and the Website Terms of Use, these Terms and Conditions shall prevail.

If these Terms and Conditions are translated into any other language, and there is a discrepancy between the English text and the text of the other language, the English
text will govern.

These Terms and Conditions are governed by the law of the Dubai International Financial Centre. Any dispute which is not settled amicably between the parties shall be finally settled by the courts of the Dubai International Financial Centre.

SELLER TERMS

Seller Requirements

A Seller must:

be at least eighteen (18) years of age, in the case of an individual;

not have any criminal record and be compliant with all Applicable Laws;

have a valid and operational bank account in the UAE in its name; and

have valid identification or incorporation documents as requested by Dubizzle, in case of an individual or legal entity respectively.

Each Seller warrants and represents that:

it is the legal owner of the Products and is authorised to sell the Products;

the sale of the Products would not be in breach of any applicable law or agreement to which the Seller is a Party; and

the Products are free from any encumbrances.

Sellers shall not be permitted to post for advertisement or attempt to sell any Products which are or may be considered to be Unacceptable.

Sellers shall ensure that, where applicable, all data, including without limitation personal data, is deleted from each Product prior to the Product being collected by Dubizzle.

In registering for the Services and the Website, Sellers must provide true, accurate, current and complete Registration Details. Sellers must update any changes to the Registration Details (except age).

A Seller must keep confidential any user identification and password details set-up or given to the Seller as part of Dubizzle’s security procedures and must not disclose them to any third party.

Each Seller is solely responsible for any use of or action taken under the Seller’s account and shall fully indemnify Dubizzle and its affiliates, directors, officers, employees, authorised representatives, consultants, professional consultants or authorised agents from any damages or injury suffered by Dubizzle or a Buyer resulting from any unauthorised use of the Seller’s account or any breach of applicable law.

Dubizzle reserves the right to suspend or terminate a Seller’s account where, in its absolute discretion, it suspects or deems or in Dubizzle’s opinion the Seller has breached these Terms and Conditions or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, Dubizzle will notify the Seller by email and the Seller must not seek to re-register on the Website either directly or indirectly or through a related entity or another person. Dubizzle’s rights under this paragraph shall not prejudice any other right or remedy Dubizzle may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.

Any correspondence or communication received from a Seller shall be presumed to originate from and have been made with the approval of the Seller and Dubizzle shall be entitled to rely on such correspondence or communication.

Dubizzle may publish on the Website any information supplied or made available to Dubizzle by or on behalf of Sellers. Sellers acknowledge and agree that Dubizzle shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.

Sellers shall not attempt to contact, negotiate with or sell Products to a Buyer found by Dubizzle and may only sell the Products to such Buyers via the Services.

Dubizzle may refuse to provide the Services to a Seller if, in its sole discretion, Dubizzle considers that the Seller has not complied with any obligation in this clause 3.

Advertisement of Products

Sellers shall submit a Seller Ad in accordance with the procedures and requirements indicated on the Website.

A Seller Ad must include a photo of the Products and a description of the Products.

Dubizzle will review each Seller Ad and will notify the relevant Seller if the Seller Ad has been accepted.

Dubizzle has the sole discretion to reject a Seller Ad and will notify the Seller if a Seller Ad has been rejected.

Dubizzle may at its sole discretion amend a Seller Ad before the Seller Ad is accepted by Dubizzle. Dubizzle will notify the Seller of any amendments made to the Seller Ad.

A Seller Ad will only be posted on the Website once the Product to which the Seller Ad relates has passed a Final Inspection.

Dubizzle shall be the legal owner of all Seller Ads at all times and only Dubizzle shall be entitled to amend a Seller Ad.

Initial Inspection and Collection of Products

If Dubizzle has accepted a Seller Ad, Dubizzle will collect the Product from the relevant Seller at the address and time agreed with the Seller, subject to the provisions of this clause 3.20. Dubizzle shall not be liable for any failure to collect the Products at the agreed time or for any delay whatsoever.

Dubizzle will only collect Products from addresses located in Dubai, UAE (or such other location as agreed by Dubizzle).

Prior to taking possession of a Product, Dubizzle will carry out an initial inspection of the Product at the Seller’s address, which will include taking photos of the Product (“Initial Inspection”).

If following the Initial Inspection, Dubizzle considers, in its sole discretion, that a Product is Unacceptable or that the Product does not match the descriptions in the Seller Ad, Dubizzle may refuse to take the Product and Dubizzle shall have no liability to the Seller.

If following the Initial Inspection, Dubizzle agrees to take the Product, Dubizzle will provide a condition report to the Seller to be signed by the Seller. Dubizzle will not take the Product unless the Seller has signed the condition report. The Seller agrees and undertakes that it will not make any objection after the signing of the condition report.

Once Dubizzle has collected a Product, the Seller must not attempt to sell, rent, dispose of or create any encumbrance over the Product in favour of a third party.

Final Inspection of Products

Upon receipt of a Product from a Seller, Dubizzle will carry out a final inspection of the Product to determine whether it may be advertised for sale on the Website (“Final Inspection”). Dubizzle will only sell a Product which has passed the Final Inspection.

Dubizzle may refuse to sell and may return any Product to the Seller which does not pass the Final Inspection. A Product will not pass the Final Inspection if, in Dubizzle’s sole discretion, the Product is, without limitation, in breach of these Terms and Conditions, does not conform with the description provided on the Seller Ad, is not in a satisfactory condition or is Unacceptable. Dubizzle may charge a fee to the Seller if Dubizzle is required to return a Product to the Seller.

Dubizzle may refuse to return to the Seller any Product which is proven to be Unacceptable and Dubizzle may report and/or provide such Product to the relevant authorities in the UAE. Dubizzle will not be liable to the Seller for any such Unacceptable Products which are not returned to the Seller.

The Seller acknowledges and agrees that the Final Inspection may not identify all information with respect to a Product, including without limitation, any defects in the Product. The Seller shall remain liable for a Product after the Final Inspection and until the Product is sold to the Buyer and Dubizzle shall have no liability for a Product.

The Seller acknowledges that during the Final Inspection of such Product, where applicable Dubizzle may reset the Product to its default settings, which may include the deletion of data from the Product. The Seller agrees that Dubizzle shall not be liable for the deletion of any such data.

Pricing

Dubizzle and the Seller will agree a price at which a Product will be sold (“Target Price”). Dubizzle, in its sole discretion, may refuse to advertise a Product if it deems the Target Price to be unreasonable.

Dubizzle will advertise the Product on the Website for the Target Price. Dubizzle does not provide any guarantee of the price at which a Product will be sold and does not guarantee that it will be able to find a Buyer for the Product.

If Dubizzle receives an offer from a Buyer to buy a Product at the Target Price, Dubizzle will accept the offer and sell the Product to the Buyer. If Dubizzle receives an offer for a Product at below the Target Price, Dubizzle shall notify the Seller and ask the Seller if it wishes to sell the Product at such price. If the Seller accepts to sell the Product at such price, Dubizzle will sell the Product.

Dubizzle may contact the Seller at regular intervals to discuss amending the Target Price if the Product has not been sold. Dubizzle may, in its sole discretion, return a Product to the Seller (at no additional cost) if Dubizzle considers that it is unable to sell the Product.

Dubizzle shall not be liable for failure to sell a Product or for any loss suffered by the Seller as a result of a Product having been sold at a price below the Target Price.

Payment

Within five (5) Business Days of delivering a Product to a Buyer, Dubizzle shall pay to the Seller the Sale Price less a service fee as determined by Dubizzle from time to time (“Service Fee”). Dubizzle shall not be liable for any delay in making a payment to the Seller.

The Service Fee shall be exclusive of VAT.

Payments shall be made to Sellers by way of bank transfer to the Seller’s bank account as notified by the Seller to Dubizzle.

All payments will be made to Sellers in AED and will only be made to UAE bank accounts.

Sellers agree and undertake that they shall be solely liable for any tax payable on the profits resulting from the sale of the Products.

Acceptance, Amendment and Cancellation

Dubizzle shall notify a Seller once a Buyer has paid for a Product.

Sellers may cancel a Seller Ad or request an amendment to the Target Price of a Product at any time before a Buyer has paid for the Product, but Dubizzle shall have no obligation to accept a Seller’s request to amend the Target Price.

If a Buyer has paid for a Product, the Seller will be obliged to sell the Product to the Buyer, unless the Order is subsequently cancelled by Dubizzle or the Buyer in accordance with these Terms and Conditions.

If a Seller cancels a Seller Ad after Dubizzle has collected a Product but before a Buyer has paid for a Product, Dubizzle will return the Product to the Seller as soon as reasonably practicable and the Seller will be required to pay a cancellation fee as determined by Dubizzle from time to time.

If an Order is cancelled by Dubizzle or a Buyer in accordance with these Terms and Conditions, Dubizzle may, at its option, re-post the Product for sale on the Website or return the Product to the Seller.

Loss or damage

The Seller agrees that Dubizzle will not be liable for any damage, theft or loss of a Product during its collection, retention and delivery and Dubizzle is not obliged to have any insurance with respect to any Product. The Seller shall remain liable for a Product until title to the Product has transferred from the Seller to the Buyer.

Dubizzle shall have no responsibility for any deterioration or wear and tear of a Product whilst the Product is in the possession of Dubizzle.

BUYER TERMS

Buyer Requirements

All Buyers must be at least eighteen (18) years of age, in case of an individual.

Buyers warrant and represent that:

they are legally authorised to use the Website and purchase the Products; and

their use of the Website and purchase of the Products is not in breach of any applicable law, including without limitation, anti-money laundering laws or any agreement to which the Buyer is a party.

Products

Dubizzle does not guarantee that the Final Inspection will identify all defects in the Product.

Dubizzle does not give any representation or warranty as to the description, specification, quality, price of or the accuracy of any information related to any Product included in a Seller Ad or on the Website.

Offer and Price

The Buyer shall have the option to purchase the Product at the Target Price or make an offer for the Product at below the Target Price.

Dubizzle shall have no obligation whatsoever to accept an offer from the Buyer and may, in its sole discretion, reject an offer for a Product.

Payment

If Dubizzle accepts an offer from a Buyer to purchase a Product, Dubizzle shall send a link to a new Seller Ad with the agreed price to the Buyer to purchase the Product. Dubizzle’s acceptance of an offer and issue of a new Seller Ad to the Buyer does not guarantee that the Product will be sold to the Buyer.

The Buyer acknowledges and agrees that it will only be entitled to receive the Product once it has made payment for the Product and such payment has been received by Dubizzle and that the Product may be sold to a third party if Dubizzle receives payment for the Product from such third party before the Buyer. A Seller Ad in respect of a Product will only be removed from the Website after a Buyer has paid for the relevant Product and such payment has been received by Dubizzle.

The Buyer shall pay for a Product using any one of the payment methods specified by Dubizzle from time to time.

Delivery

As soon as reasonably practicable following receipt of payment from the Buyer, Dubizzle, its affiliate or a third party authorised by Dubizzle shall deliver the Product to the Buyer at a time and address agreed with the Buyer. Dubizzle may reschedule the time and date of delivery and shall have no liability in respect thereof. Dubizzle shall have no liability for any delay in delivering the Product to the Buyer.

Dubizzle will only deliver Products to addresses located in Dubai, UAE.

All deliveries shall be subject to a delivery fee as determined by Dubizzle from time to time, which shall be exclusive of VAT.

Returns and Refunds

The Buyer shall only be entitled to return the Product within 48 hours of receipt if, in the reasonable opinion of Dubizzle:

the wrong Product has been delivered to the Buyer; or

the Product is materially different from the description in the Seller Ad or does not match the photos included in the Seller Ad,

provided that the Product is returned to Dubizzle in exactly the same condition in which it was delivered to the Buyer.

The Buyer shall not be entitled to return a Product for any reason other than those specified in clause 4.13.

If the Buyer is entitled to return a Product in accordance with clause 4.13, once Dubizzle has received the Product back from the Buyer, Dubizzle will issue a refund to the Buyer within a time period as may be notified by Dubizzle to the Buyer from time to time. All refunds will be returned to the Buyer in the same manner in which the payment for the Product was made, which will only be to the same person who made or the credit or debit card that was used to make the payment.

Dubizzle shall not refund any currency conversion or other bank fees paid by the Buyer on the purchase of the Products.

Limitation of Liability

In no event shall Dubizzle’s liability under these Terms and Conditions, regardless of the cause of action and losses suffered by a User, exceed AED 1,000.

Dubizzle reserves the right to charge VAT (as may be stipulated under UAE law), including without limitation, with respect to any fees payable by Users from time to time in relation to the Services.