We", "Our", "Us" refers to Sandcastles Investment Group Ltd, as "Sandcastles.ae and or Sandcastles-property.com" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
Our "Licensed collection agent" refers to Sand Castle General Trading LLC, 401 Zarouni Business Centre, Sh Zayed Road, Dubai, UAE PO Box 116171
"Our web site" refers to sandcastles-property.com and or sandcastles.ae
"You", "Your" or "the Client" refers to you as the user of the Real Estate Internet Service (the "Service")."Service" may include any of the following or a combination thereof depending on the membership chosen:
- process that will facilitate your uploading and managing your own properties' listings;
- online banner advertising and banner impressions run on our web site
- having your properties featured on our web site
- inclusion of your properties in e-mail alerts
- website and banners design services; and advertising for developers
The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service. Receipt of an Order Form signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Order Form, and any other document provided to you at the time of signing the Order Form.
- Only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your subscription
- Be the holder of a current real estate agent's license in the United Arab Emirates or country to which your use of the Service relates
- Within 72 hours of a sale or leasing contract being entered into for a property, either mark the property as "under offer", transfer to the property to the sold/rented database or remove that property from the web site. When periodically requested by Us to update your listings, you must transfer the property to the sold database, withdraw the listing or extend the listing for a further period. We may remove any property from the Service that is not transferred to the sold database, withdrawn or extended when requested.
- Ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction
- Ensure that you do not make, arrange or authorise the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent
- Abide by any applicable rules and regulations related to electronic truncations and commerce.
- Comply with any guidelines and codes issued by the Land Department or any other local departments concerned with real estate
- In your use of the Service, comply with all applicable laws.
- Ensure that:
- material submitted through the Service by you refers only to listing details of a particular property
- the listing details for a particular property through the Service are only listed by you (including any associated offices in your real estate group) once, and
- any reference to material other than listing details for a property must receive our written approval prior to your submission
- Ensure that no other person, authorised or otherwise, makes use of your subscription to the Service in breach of these terms and conditions; and
- Not make any promotional or merchandising reference to us or our web site without our express written permission.
You acknowledge that:
- You represent and warrant that you are authorised to make available the material generated or submitted to make use of the Service and that you are acting under authority of the proprietors of all properties concerned. For the avoidance of doubt, you acknowledge that compliance with this provision i.e. the granting of authority by a proprietor of a property to multiple real estate offices:
- does not entitle you to authorize any other person (including, without limitation, associated offices in your real estate group) to make use of the one subscription; and
- acknowledged that any such conduct is in breach of these terms and conditions.
- By using the Service, you grant us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
- We are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so
- We are not responsible for the Service's content or for any errors or omissions in any property data provided by or on behalf of you
- Systems or technological failure may impede or prevent access to all or any part of the property data
- You are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us.
- You are responsible for the security and integrity of your data
- Transmission of data over the Internet can be subject to errors and delays
- We will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorise us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media
Initial Term, Suspension or Termination of Service
Unless otherwise stated in the Order Form, this Agreement shall have an Initial Term of either three months (3) six months (6) or twelve (12) months from the date of this Agreement. Following the expiry of the Initial Term or any renewal period, this Agreement shall continue on a month-to-month basis under the same Terms and Conditions, but at our "out of contract" rate unless:
- You provide us with thirty (30) days' clear written notice of your intention not to continue the Agreement; or
- You renew this Agreement with Us
Our "out of contract" rate is available upon request and will be higher than the rate applicable to fixed-term contracts. We may terminate this Agreement at anytime for any reason provided that seven (7) clear days' written notice has been provided to you. Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you. 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:
- You fail to pay any fees or charges due to us by the due date;
- You breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- Any material supplied by you is false or misleading;
- 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
- You died, or if 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.
You must pay all outstanding amounts to us within seven (7) days of termination of this Agreement. You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
Packages, Fees and Billing
The current fees for the Service are specified in your Order Form. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components. Our receipt of your monthly service fee payment following such notice will constitute acceptance of amended terms and conditions. Service fees for the initial month of using the Service are payable as at the date of this Agreement with the due date being fourteen (14) days from the date of this Agreement. Fees for subsequent months are payable in advance with the due date being fourteen (14)days from the commencement of any subsequent month by reference to the date of this Agreement. If we do not receive payment by the due date, we may:
- Remove any reference or prevent access to property data submitted by you to the Site;
- Charge an administration fee of Licensed collection agent;
- Charge interest on any overdue amount at a rate equal to 10% per calendar month above base rate; and
- Demand that you pay for any costs of collecting the overdue amount, including but not limited to collection of agency fees and legal fees.
You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future.
Limitation of Liability and Indemnity
To the extent allowable under laws applicable in the United Arab Emirates we:
- Exclude all conditions and warranties implied into the Agreement;
- Exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- Limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- Limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
We will not be liable under this Agreement to the extent that liability is caused by:
- Any breach of your obligations under this agreement; or
- Any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.
You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.
- We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
- No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
- A notice must be sent by e-mail, prepaid post or facsimile to your or our last known address.
- You must not assign the Agreement without our written consent.
- The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
- The laws of the United Arab Emirates, the Emirate of Dubai apply.
- You submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai.
- If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.