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Terms And Conditions

Deyaar Development PJSC including all subsidiaries of Deyaar Development PJSC (hereinafter referred to as "Deyaar", "we" or "us") welcomes you to its website.
The following terms and conditions, the lease or sale and purchase agreement ( "Property Agreement") entered into with the Company or any of its affiliates pertaining to a unit or plot in an Deyaar project in respect of which this Website is used together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of [https://customer.deyaar.ae], including any content, functionality and services offered on or through [https://customer.deyaar.ae /] (the "Website"), whether as a guest or a registered user.
By using the Website, you and every other user of your credentials agree to comply with all of the terms and conditions hereof. The right to use Website is personal to the User only and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
If you do not agree with the Terms of Use or the Privacy Policy, please do not access the Website or use any of its services at any time.
By using the Website or clicking to accept or agree to the Terms of Use when this option is made available to you, you warrant and acknowledge that you are in the legal age to act in full capacity and that you indisputably accept and agree to be obligated and abided by the Terms of Use and our Privacy Policy, found at [https:// customer.deyaar.ae /PrivacyPolicy.htm ], incorporated herein by reference. Therefore, we strongly advise to read the Terms of Use carefully before starting to use the Website.


CHANGES TO THE TERMS OF USE

We shall have the right at any time to change or modify the terms and conditions applicable to User's use of Website or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon publish on the Website and may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

By our sole discretion and without prior notice Deyaar reserves the right to withdraw or amend this Website contents or services or materials we provide or will provide on the Website. Therefore, in case of any failure of non-availability of any part of the Website or services Deyaar Development PJSC or any of its affiliated companies shall not be liable if for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to (all or some) users, including registered users. Therefore, you should be responsible to make available all necessary arrangements to have access to the Website.


To access the Website or some of the resources it offers including, without limitation, payment using credit cards or other forms of electronic payment, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information, including, without limitation, credit card information or information pertaining to other forms of electronic payments, you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [https:// customer.deyaar.ae /PrivacyPolicy.htm], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only have one account with this Website. If you received more than one username, password or activation code, please notify us immediately. Your use of more than one account will represent a breach of these Terms of Use.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

To ensure secure online payment and all other transactions of personal data, the Website uses a technology called SSL (Secure Socket Layer) and the url starts with “https”. SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. For further information, please consult your browser's security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common standard in the Internet to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is in nested in another frame. To check that you have a secure connection (in Internet Explorer), click the right mouse button and properties, then certificates. Then you will see if the connection is secure or not. Another way (in Netscape Navigator) is to click the right mouse button and 'view frame info' at the bottom of the text you will see security information.


INTELLECTUAL PROPERTY RIGHTS

Each and every item and component found on or available via download through the Website, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the United Arab Emirates Copyright applicable laws and regulations, all applicable federal laws, and international copyright laws. The content and software on this site may be used as a resource while accessing this web site, but may not be downloaded or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author.


The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. The name Deyaar Development PJSC is a registered trademark, the owner of this website and such registered trademark will be asserted in the United Arab Emirates and other countries. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this website, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the United Arab Emirates Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries. Therefore, Deyaar reserves the right to commence all necessary legal actions against any violation or infringement to its intellectual property rights and trade mark in addition to Deyaar’s right to cease access and activities in case of any suspicion of any violation to Deyaar’s intellectual property rights.


TRADEMARKS

The Company names, brand names, the Company logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.


PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, local or international law or regulation, including without limitation, any form of misuse of credit cards or other forms of electronic payments.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (" post") content or materials ("User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.


RIGHT TO MONITOR, ENFORCE AND TERMINATE

Deyaar has no obligation to neither monitor any User Contributions nor immediately delete any content or material that is considered as user Contribution. However, Deyaar reserves the right to review materials posted as a User Contribution and to remove any materials in its sole discretion and refrain posting any User Contribution for no reason. Deyaar reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Deyaar reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental or court of law or for arbitration proceedings request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Deyaar's sole discretion.

Materials uploaded as User Contributions may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. Deyaar does not control or endorse the content, messages or information considered as User Contribution and, therefore, Deyaar specifically disclaims any liability with regard to the User Contributions and any actions resulting from User’s participation in any of User Contribution. Managers and hosts are not authorized Deyaar spokespersons, and their views do not necessarily reflect those of Deyaar.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order or arbitration award requesting or directing us to disclose the identity or other information of any user posting any materials on or through the Website.

You wave, warrant and acknowledge to hold Deyaar Development PJSC and its affiliates harmless against any action or inaction that might be taken during an investigation period and waive your right to legally claim Deyaar Development or its affiliated companies and services providers for any damages of any kind whether the damages were direct, indirect, punitive or consequential including but not limited loss of profit and any other type of damages.


CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

LIMITATION OF LIABILITY

You expressly agree that the use of this website is at your own and sole risk. Neither Deyaar Development PJSC or its affiliates nor any of their employees or third parties warrants that the services of the Website will be uninterrupted or be error free or warrants the Website’s accuracy, reliability or content of any information. Therefore, Deyaar disclaims any liability may occur


CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy [https:// customer.deyaar.ae /PrivacyPolicy.htm ]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through this Website is governed by the documents signed with Deyaar Development PJSC and its affiliates such as but not limited the Sale and Purchase Agreement and Lease Agreement. For the best use of our services and the Website please note that these Terms of Use and the additional terms and conditions related to any services we provide whether through the Website or not, are incorporated to each other and shall be read all as one and form integral parts of each other.

Any and all payments made through this Website are subject to these Terms of Use and the other related documents signed or communications exchanged with Deyaar. Consequently, Deyaar is under no obligation to accept any payments not made in accordance with the these Terms of Use or the said documents or made following termination of any of them and you hereby acknowledge and accept that any receipt of payment through this Website or otherwise shall not be deemed or construed as an acceptance of such payment or waiver of right to reject payment at a later date.

The Website can be used for payment of Service Fees, Utilities and any other charges payable by you for management of the community, compliance with community rules or required by law and in compliance with the Property Agreement.

Currency for all transactions is AED unless agreed otherwise.

It is your responsibility to make sure that all payments made through this website is correctly and timely effected, and we are under no obligation to notify you of any incorrect, rejected or declined payments. You shall also ensure that sufficient credit is available and in the event of a "declined" credit card payment, it is your responsibility to pay any additional fees or charges levied by either a nominated financial institution or Deyaar and you shall remain responsible to pay any due amounts.

Therefore, it is your duty to keep us informed and updated immediately with regard to any failure of payments or transactions for any technical reason, where we shall be under no obligation of providing immediate assistance as Deyaar shall exhaust all efforts of investigations and verifications before providing any technical assistance in such events. You acknowledge that all failed or unsuccessful payments shall remain due and entitled to Deyaar until the latter properly and legally receives such payments.

In case of any fraudulent or unauthorized payments, the same remain due and entitled to Deyaar and shall be reversed. Payment transactions will be processed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. All transactions will be processed without delay, however the Company expressly disclaims any and all liability for processing delays, which may occur in any circumstance. Payment is not accepted (not deemed made) until the funds have cleared.

Refunds of any payments (if any) made through the Website are subject to the terms and conditions of the related Sale and Purchase Agreement Signed with Deyaar Development PJSC and other related documents or arrangements agreed upon. Any duplicate or excess payments received will be adjusted against future/subsequent invoices.

Any service or maintenance requests made through this Website shall be subject to the Sale and Purchase Agreement.

Updated service requests, payments or other requests made through the Website shall be processed as soon as possible, unless the transaction is submitted on a weekend or non-working weekday. Deyaar disclaims liability for any processing delays, which may occur in any such request whether it occurs beyond Deyaar’s reasonable control or otherwise.


LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

This Website may provide yourself with certain tools to link to it in social media websites or any other websites. It is permitted to link to the Website in a manner that does not harm the Website itself and Deyaar Development PJSC or its affiliated companies or third parties, however, no link to the Website shall suggest or advertise or propose any association or endorsement on Deyaar’s part.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part and you must adhere to any other rules and we may provide in this regard.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.


LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


DISCLAIMER OF WARRANTIES

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT [NAME OF COMPANY] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Providing and implementing sufficient safety procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data is on your own responsibility where Deyaar Development and its affiliated companies shall be held responsible for any harm or damage to your electronic devices or stored information in the event that it was damaged by any kind of materials, viruses, cookies or any other electronic danger whether it was obtained or downloaded from the Website or any page of it or any other content or material provided in the Website.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


LIMITATION ON LIABILITY

IN NO EVENT WILL Deyaar Development PJSC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.


GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Dubai, United Arab Emirates although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your place or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.