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Terms and Conditions

1. INTRODUCTION

1.1  We", "Our", "Us" refers to "propertizer Middle East FZ LLC" and its subsidiaries, employees, officers, agents, affiliates or assigned parties. "Our web site" refers to yzerproperty.com

1.2  These terms and conditions are deemed to include our privacy policy and are collectively known as the "Terms".

1.3  When you use this Site, you agree to be bound by these terms. If you do not agree to be bound by these Terms, you must not use this Site. A reference to "you" or "your" is a reference to the user of this Site.

1.4  Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.

2. OUR RIGHTS AND INTELLECTUAL PROPERTY

2.1  The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.

2.2  Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.

2.3  This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only.

2.4  We are not an estate agency. The details of the properties available on this Site are provided to us by third party estate agents, landlords or developers for your information only. We do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising estate agent, landlord or developer before making any decisions or taking any action in regards to a property advertised on our Site.

3. YOUR OBLIGATIONS AND CONDUCT

3.1  You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.

3.2  You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.

3.3  You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page www.yzerproperty.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly prohibited.

3.4  You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at www.yzerproperty.com, provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.

3.5  You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.

3.6  Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.

4. INTERACTIVE SERVICES AND CONTENT

4.1  All content uploaded to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties legal rights.

4.2  All content that you upload to our Site must:

  • Be accurate (facts and images);
  • Be genuinely held (where you state opinions); and
  • Comply with the applicable law of the country from which they were posted.

4.3  our content must not:

  • Contain any material which is defamatory of any person;
  • Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
  • Contain any material which does or could potentially infringe the intellectual property rights of a third party.

4.4  We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:

  • Immediate, temporary or permanent withdrawal of your right to use our Site;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
  • Further legal action against you; and
  • Disclosure of such information to law enforcement or authorities as we reasonable feel necessary.

4.5  In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.

4.6  All calls through YzerProperty will be recorded for quality assurance.

5. ACCESS RESTRICTION FROM THE SITE

We reserve the right to block users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

6. REGISTRATION

6.1  To receive details of properties on this Site, you may have to submit a registration form to us, we will confirm your registration by sending you an email containing your account ID.

6.2  Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.

6.3  All information provided for the purposes of registering with us must be accurate and complete.

6.4  You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.

7. WARRANTY

7.1  Our aim is to ensure that any material available for downloading from this Site is not contaminated in any way, however we do not warrant that such material will be free from infection, viruses and/or similar code.

7.2  Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

7.3  The information provided on this Site is for general interest only and does not constitute specific advice from our behalf.

7.4  We make no warranties or representations that the property information on the Site is correct, accurate or up-to-date.

7.5  We make no warranty or guarantee that the Site or information available over it complies with laws other than UAE Laws.

7.6  To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

8. LIABILITY

8.1  Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.

8.2  Subject to clause 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.

8.3  Subject to clause 8.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

8.4  We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 8.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.

8.5  Subject to clause 8.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

8.5.1  Use of, or inability to use, our Site; or

8.5.2  Use of or reliance on any content or information displayed on our Site.

8.6  Subject to clauses 8.1 to 8.5 inclusive, if you are a business we shall not be liable to you for:

  • Any indirect, consequential, special or punitive loss, damage, costs and expenses;
  • Loss of profit
  • Loss of business;
  • Loss of reputation;
  • Depletion of goodwill;
  • Loss of, damage to or corruption of data.

8.7  Subject to clause 8.1 to 8.5 inclusive, if you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8.8  We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.

8.9  When you use the "contact forms" on this Site to enquire about a property, your details (including your email address) will be sent by email directly to the estate agent, landlord or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer.

9. GOVERNING LAW

Any claim relating to the Site shall be governed by the laws of the UAE.

10. SERVICE AGREEMENT TERMS

"You", "Your" or "the Client" refers to you as the user of the Real Estate Internet Service (the "Service")

10.1  You may terminate this Agreement before the end of the contracted term under the condition that your account has been active for a minimum of three (3) months and a thirty (30) days written notice is provided.

10.2  This Agreement shall have a Term of twelve (12) months starting from the date mentioned in the Advertising Agreement unless stated otherwise.

10.3  Without limiting our other rights, we may immediately suspend or temporarily remove details of any property uploaded by you to our web site or terminate this Agreement if:

10.4  You fail to pay any fees or charges due to us by the due date;

10.5  You breach any part of this Agreement and fail to rectify that breach within forty (48) hours of our giving notice requiring rectification;

10.6  The provided material is false or misleading;

10.7  You enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or

10.8  You are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.

It is understood and agreed that termination of this Agreement pursuant to these clauses do not relieve you of your obligations and liabilities and we reserve our right to enforce such obligations and liabilities in any event.

11. PAYMENTS

Online payment, full payment in advance or payment by Post Dated Checks (PDCs) are the only methods of payment for this Agreement. The fees are stated in the Agreement and will not change throughout the Term of the Agreement.

12. REFUND & CREDIT POLICY

The client has the right to a refund under the following circumstances:

  • If a duplicate transaction is received for any paid content on the site. In this case, the duplicate portion of the payment will be refunded credited.
  • In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider.

Any checks issued by the Client that 'bounces' for insufficient funds or is rejected for any other reason will incur a AED1000 administration fee for each offence payable by the Client to Propertizer Middle East FZ LLC.

13. GENERAL

13.1  Subject to above clauses, this Agreement and any other expressly incorporated document constitute the entire agreement between the parties.

13.2 Propertizer Middle East FZ LLC reserves the right to amend its terms of business from time to time.

13.3  If any provision of this Agreement 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.

13.4  The Client may not assign, transfer or share its rights and/or obligations under this Agreement without Propertizer Middle East FZ LLC’s written consent.

13.5  Any notice given may be served personally or by email to the last known email provided to Propertizer Middle East FZ LLC. It is the Client’s responsibility to promptly update Propertizer Middle East FZ LLC of any change of contact details. Such notice shall be deemed to have been duly received by the recipient, when served personally, at the time of such service, when sent by email (twenty-four) 24 hours after the same shall has been sent.

 

CASHBACK TERMS & CONDITIONS

 

1. Introduction

This Agreement is a legal document, which sets out your rights and obligations, and those of Propertizer Middle East FZ LLC ("we", "us" or "YZER"), in relation to this site and the services offered by us through it (the "YZER Cashback"). You must take the time to read and understand it before registering for the YZER Cashback. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 16 below.

People who register for the YZER Cashback establish an "Account", and become "Account Holders". Registration occurs when contact details have been entered into any of the various questionnaire forms on the site.x

2. The YZER Cashback

The YZER Cashback allows Account Holders to earn cashback on property transactions ("Cashback"). To qualify for Cashback, both the Account Holders and property agent confirm that the Account Holder's transaction is covered by a seller-to-agent, or agent-to-agent, or [insert other contract forms here]  agreement, genuine and successful (constituting a "Qualifying Transaction"), and the Cashback-related referral fee payable to us by the Account Holders or property agents for the Qualifying Transaction (the "Referral Fee") must be received by us and cleared in the YZER Property bank account; we pay Cashback out of Referral Fees. When we refer to property agents (“Property Agents”), we mean agents, or landlords, or direct sellers of property or other services and other businesses that work with us (such as property listing sites, financial services, or other property related businesses).

 

3. Obtaining an Account

You must be at least 18 years of age to obtain an Account. A person may have no more than one Account. You must have a resident visa of the UAE to register for a YZER Property Account as a renter. You must register for the YZER Cashback using accurate and current information about yourself - including your correct name, address and any other requested details. Cashback will be provided in the form of a cheque, or by electronic transfer after the referral fees have cleared in the YZER Property bank account. If you are asked for, and provide, details of a bank account, Paypal account, credit card or other account into which you wish to receive payments (your Cashback Receipt Method), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Receipt Method, and (b) confirm that you wish to receive Cashback through that Cashback Receipt Method. You should keep this information updated.

Our Privacy Policy contains important information on how we deal with the personal information you provide through your YZER Property Account, including information derived from activity through your Cashback Receipt Method.

Note that your Cashback Receipt Method (such as electronic transfer) may have rules about the maximum or minimum payment that you can receive through that Cashback Receipt Method.

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.

4. Cashback

After an Account Holder successfully completes a Qualifying Transaction, and once we have received the Referral Fee for that Qualifying Transaction, we pass the related Cashback (50%) on to the Account Holder through his/her Cashback Receipt Method.

 

Please note that there are various circumstances in which a transaction with Property Agents may not constitute a Qualifying Transaction, or Cashback may not result from it. There are various circumstances in which Cashback will not be payable to the Account Holder, and will be forfeited to us, namely, but not limited to:

  1. where a Referral Fee is received by us but is not attributed to a Qualifying Transaction.
  2. the transaction to which the Cashback relates is cancelled after it has been entered into.
  3. the Cashback is attributed to an Account Holder or Account that has been:
    1. suspended by us under Clause 8 of this Agreement;
    2. associated with any fraudulent activity or any breach of this Agreement;
    3. used to make purchases on behalf of, or for the benefit of, any other person

5. Intellectual Property

By uploading or including any material on the YZER Cashback, an Account Holder expressly grants:

  1. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the YZER Cashback and any other interactive services through which we or our sub-licensee make the YZER Cashback (or a service based on the YZER Cashback) available; and
  2. to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the YZER Cashback (including the material which is contributed by Account Holders or Property Agents) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the YZER Cashback, or any of the material which is found on the YZER Cashback unless properly licensed to do so by us.

6. Privacy policy

Our Privacy Policy sets out details of how we handle your personal data and related matters.

Given the global nature of the World Wide Web, please note that a public posting on the YZER Cashback may be accessible to internet users around the world.

7. Our Role

YZER Property is not the seller or supplier of, and does not endorse, any of the goods or services that Property Agents make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.

Accordingly, we have no control over or responsibility for:

  1. the quality, safety, or legality of the goods or services available from Property Agents; or
  2. whether the Property Agents can or will supply and pass good title to any goods or services.

Account Holders should exercise no lesser degree of caution in entering into transactions with Property Agents than they would when entering into a similar transaction elsewhere.

To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Property Agents, including (without limitation) all claims and demands relating to transactions (whether completed or uncompleted) with Property Agents, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Property Agents.

8. Misuse

We reserve the right to suspend or terminate any Account Holders access to the YZER Cashback, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.

An Account should be used only for transactions on the Account Holder's own behalf, and not on the behalf of, or for the benefit of, any other person(s).

Account Holders must not enter into, or attempt to enter into, any transaction with Property Agents or to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting Property Agents offering, or (c) in breach of any terms and conditions applied by YZER Property or the Property Agent to that transaction.

It is each Account Holder's obligation to ensure that any conduct by him/her or associated with his/her Account:

  1. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
  2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  3. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  4. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
  5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
  6. where it constitutes feedback on a Property Agent, is accurate and fair; and
  7. does not advertise any goods or services.

If you see or experience anything on the YZER Cashback that appears to infringe any of the above requirements, we would like you to inform us by using our contact form.

Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.

9. Contact from third parties

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

  1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  2. to respond promptly and accurately to it, should we pass the message to you for a response.

10. Additional services

We or our partners may offer new or additional services through the YZER Cashback from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the YZER Cashback in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

11. Operation of the YZER Cashback

We reserve the right to withdraw, modify or suspend aspects of the YZER Cashback, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the YZER Cashback. There may also be times when the YZER Property website becomes inaccessible as a result of technical difficulties experienced by YZER Property or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the YZER Property website or any of the content that appears on it.

Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the YZER Property website at the relevant time, are kept to a minimum.

For security or other reasons, we may require you to change password or other information; however, we will never ask you for your password via email, telephone, or any other means other than through the YZER Property website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

12. Liability

  1. We warrant that the YZER Cashback will be provided with reasonable care and skill with the intention of meeting our specifications for the YZER Cashback, but we cannot and do not guarantee that the YZER Cashback will meet your requirements.
  2. YZER Property shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
  3. Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence.
  4. Subject always to sub-Clause E. below, YZER Property shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. YZER Property’s aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you obtain your Account, shall be limited to 50% of the Cashback due to the Account Holder.
  5. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
    1. for any loss of revenue, business, anticipated savings or profits, or
    2. for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the YZER Cashback or other non-performance of this Agreement or otherwise.
  6. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
  7. For the avoidance of doubt, YZER Property will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with Property Agents, or any activity or communication relating to such material or transactions.
  8. The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.

13. Indemnity

You agree upon demand to indemnify YZER Property against and to be wholly responsible for all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with Property Agents.

14. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of YZER Property assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

15. Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to the YZER Cashback; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the YZER Cashback, except for any fraud or fraudulent representation by either of us.

16. Changes to this Agreement

We reserve the right to change this Agreement from time to time, and post the new version on the YZER Cashback. When we do so, we will post the new version of the Agreement on the YZER Property website, and the new version of these terms and conditions will take effect, and will govern the YZER Cashback and your relationship with us:

  1. commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the YZER Cashback; or
  2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.

17. General

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and YZER Property are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

18. Law

This Agreement, and our relationship with you and each Account Holder, is governed by the laws of Dubai.

You and we each submit to the non-exclusive jurisdiction of the Dubai courts in relation to disputes arising in connection with this Agreement.

19. Keeping this Agreement

Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

20. Contact

Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via our contact form, and we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.