TERMS AND CONDITIONS

Last updated November 21, 2023

ACCEPTANCE OF OUR TERMS OF USE

This website is owned and operated by ESNAAD Real Estate Development L.L.C. ('Company', 'we', 'us', or 'our') https://esnaad.com (the 'Site'), as well as any other related subdomains, products and services that refer or link to these terms (the ‘Terms of Use’) (collectively, the ‘Terms and Conditions’).

These Terms of Use constitute a binding agreement made between you, whether personally or on behalf of an entity ('you'), and ESNAAD Real Estate Development L.L.C., concerning your access to and use of the “Site”. 

You agree that by accessing the “Site”, you have read, understood, and agreed to be bound by all of these Terms & Conditions. If you do not agree with all of these terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

CHANGES TO THE TERMS OF USE

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our “Site”. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

Supplemental terms and conditions or documents that may be posted on the “Site” from time to time are hereby expressly incorporated herein by reference. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Services after the date such revised Terms & Conditions are posted.

OUR SERVICES

The information provided on this “Site” is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The information provided on this “site” is also not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell or lease properties or to provide any recommendations on which visitors to this website should rely for financial investment or other advice or to take any decision based on such information.

Statements on this website that are or could be interpreted as "forward-looking statements" Forward-looking terminology, such as the expressions "believes," "estimates," "anticipates," "expects," "intends," "may," "will," or "should," or, in each case, their negative or other variants or comparable terminology, can be used to identify these statements. All matters that are not historical facts are included in these forward-looking statements. The intentions, convictions, or present expectations of the “Company” with respect to, among other things, the performance of investments, operational results, financial situation, liquidity, and prospects of the “Company” may be expressed in a number of locations throughout this “Site”. Forward-looking statements on this website might not accurately portray actual investment performance, operational outcomes, return on investments, or the timely completion of initiatives or projects. It is not the intention of the “Company” to update any of these forward-looking statements.

WEBSITE ACCESS AND SECURITY

We retain the right, in our sole discretion and without prior notice, to remove or modify the “Site”, as well as any services or content we offer on the “Site”. If for any reason all or any portion of the “Site” is inaccessible at any time or for any length of time, we shall not be held responsible or liable to any damages. We reserve the right, at any time, to prevent users from accessing all or portions of the “Site”.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our “Site”, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, 3D models, 360 videos, and graphics in the “Site” (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Arab Emirates and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our “Site”

Subject to your compliance with these Terms of Use, including the 'PROHIBITED ACTIVITIES' section below, we grant you:

• a non-exclusive, non-transferable, revocable license to access the “Site”.

• In the course of accessing and viewing such materials, your computer may momentarily store copies of those materials in RAM.

• For the goal of improving display quality, you can save files that your web browser automatically caches.

• A fair portion of the website's pages may be printed or downloaded by you for your own personal, non-commercial use; more copies, publications, or distribution are not permitted.

• You may download one copy of any desktop, mobile, or other application that we make available for download to your computer or mobile device for personal, non-commercial use or internal business purpose only, as long as you accept the Terms of Use.

Except as set out in this section or elsewhere in our Terms of Use, no part of the “Site” and the below points are not allowed.

• Content or Marks are not to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

• Republish any portion on the “Site”, in print or electronic media, or as part of a service for profit.

• Use any images, pictures, audio or video clips, or drawings independently of the text that goes with them.

• Remove or modify any notices of copyright, trademark, or other intellectual rights from copies of this website's content.

If you wish to make any use of the “Site”, Content, or Marks other than as set out in this section or elsewhere in our Terms of Use, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our “Site” or Content, you must identify us as the owners or licensors of the “Site”, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the “Site’, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Use and your right to use our “Site” and “Site” will terminate immediately.

TRADEMARKS

Trademarks of the Company, its affiliates, or its licensors include the names, brands, logos, and all associated names, logos, product and service names, designs, and slogans. Such marks may not be used without the Company's prior written consent. The trademarks of the respective owners of all other brands, logos, product and service names, designs, and slogans on this website are acknowledged.

LINKS TO SOCIAL MEDIA AND OTHER SITES

You are free to connect to any page as long as you do so fairly, legally, and without harming or abusing “Our” reputation. However, you cannot create a link in a way that implies an affiliation, endorsement, or permission on our behalf.

You may only use these features in the ways that we have specified, only in relation to the material that they are displayed alongside, and only in compliance with any other additional terms and conditions that we may have specified.

You consent to assist us in making sure that any unlawful framing or linking stops right away. Without prior warning, we retain the right to revoke authorization to connect at any moment and without prior notice, we have the right to disable any or all social media services and any links.

PROHIBITED ACTIVITIES

You may not access or use the “Site” for any purpose other than that for which we make the “Site” available. The “Site” may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the “Site”, you agree not to:

• Systematically retrieve data or other content from the “Site” to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the “Site”, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the “Site” and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the “Site”.

• Use any information obtained from the “Site” in order to harass, abuse, or harm another person.

• Use the “Site” in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorised framing of or linking to the “Site”.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the “Site” or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the “Site”.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

• Interfere with, disrupt, or create an undue burden on the “Site” or the networks or “Site” connected to the “Site”.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the “Site” to you.

• Attempt to bypass any measures of the “Site” designed to prevent or restrict access to the “Site”, or any portion of the “Site”.

• Copy or adapt the “Site” software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the “Site”.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the “Site”, or use or launch any unauthorised script or other software.

• Use a buying agent or purchasing agent to make purchases on the “Site”.

• Make any unauthorised use of the “Site”, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

• Use the “Site” as part of any effort to compete with us or otherwise use the “Site” and/or the Content for any revenue-generating endeavour or commercial enterprise.

CONTRIBUTION LICENSE

You and “Site” agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the “Site”, you agree that we can use and share such feedback for any purpose without compensation to you.

RELIANCE ON INFORMATION

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any property, investment, asset, “Site”, or information available through this website meet your specific requirements.

Regarding the correctness, timeliness, functionality, completeness, or suitability of the information and materials found or made available on this website for any specific purpose, neither we nor any third parties give any warranty or guarantee and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

THIRD-PARTY WEBSITES AND CONTENT

The “Site” may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the “Site” or any Third-Party Content posted on, available through, or installed from the “Site”, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the “Site” and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the “Site” or relating to any applications you use or install from the “Site”. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or “Site” offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or “Site”. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the “Site” for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the “Site” or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the “Site” in a manner designed to protect our rights and property and to facilitate the proper functioning of the “Site”.

DISCLAIMER OF WARRANTIES

THE “SITE” ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE “SITE” WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE “SITE” AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE “SITE” CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE “SITE” AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “SITE”, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE “SITE”, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SITE” BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “SITE”. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “SITE”, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR “SITE”.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE “SITE”, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the “Site”; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the “Site” with whom you connected via the “Site”. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW AND JURISDICTION

Without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction), all matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (including, in each case, 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. 

Although we reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your place of residence or any other relevant country, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the “Site” shall be instituted exclusively in the courts of Dubai, United Arab Emirates. You renounce any and all objections to these courts' exercising their jurisdiction over you and to their location.

USER DATA

All information submitted to the “Company” via the “Site” shall be deemed the property of the “Company” who shall be free to use, for any purpose, ideas, concepts, know-how or techniques contained in information a visitor to the “Site” provides.

We will maintain certain data that you transmit to the “Site” for the purpose of managing the performance of the “Site”, as well as data relating to your use of the “Site”. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the “Site”, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the “Site”, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE “SITE”. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

WAIVER AND SEVERABILITY

The Company may not waive any term or condition contained in these Terms of Use, nor may it waive any other term or condition. Moreover, the Company's failure to assert any right or provision under these Terms of Use shall not be construed as a waiver of such right or provision.

In the event that a court or other tribunal with appropriate jurisdiction rules that any provision of these Terms of Use is invalid, unlawful, or unenforceable for any reason, that provision will be removed or limited to the least amount necessary to maintain the remaining provisions of the Terms of Use's full force and effect.

SUGGESTIONS AND CONCERNS

This website is operated and owned by the “Company”. Should you have any objections to the content posted on the “Site” you are requested to write to [email protected] with the subject: “Content Request Clarification” along with your name, address, telephone / mobile number and we will get back to you as soon as possible.