1. General Terms
1.1. This Agreement determines the terms of use by Users of the
housesindubai.forsale Site.
1.2. For the purposes of this User Agreement, the terms and definitions shown below are applied in the following meanings:
Service – The Internet resource (site) located on the
housesindubai.forsale site on the Internet network, the design of the site, additions and other services, any section (subsections) of the services, as well as information posted by the Administration and Users in the services.
Administration – The leader of the Site and the admins carrying out the management of the Service.
User – any legal or physical person who has accepted the agreement terms and uses the services of the Service.
Profile – the set of information and settings determined (placed) by the User in this User's environment. Each User has the right to have only one profile.
User's personal information – information about the User and/or a set of information that the User provides about himself/herself during registration or in the process of using the Service, including information from the IP address, cookies, about the User's browser, and other information about the User.
Information – any information posted in the Service by the User or Administration.
Spam – mass, unauthorized and/or unexpected advertising, information, promotional, or other character mail and other mailings by the recipients.
Goods – are products, works, services, material-technical resources, tangible and intangible rights.
Parties of this Agreement – Administration and User.
1.3. Any terms and concepts used in this User Agreement that do not find their opposite in the "Terms and definitions" section will be interpreted in accordance with the meaning arising from the text of the User Agreement. In case of any disputes about the explanation of a term or definition used in the User Agreement, the explanation determined by the Administration will be applied.
1.4. Use of services and materials of the Service is regulated by the current legislation norms, as well as this Agreement.
1.5. This Agreement is a public offer.
1.6. By using the services of the Service, the User joins this Agreement and accepts the terms and obligations to comply with the instructions for using the services of the Service.
1.7. Even when using the Service on behalf of a company, such company accepts this Agreement and its terms.
1.8. The Administration has the right to unilaterally change the terms of this Agreement at any time.
1.9. If the User does not agree with the terms of this Agreement or changes made to it, they must refuse access to the Service and stop using its services.
1.10. The Administration offers services for posting and searching advertisements by using the services of the Service to Users.
1.11. The provision of separate services may be regulated by special rules and/or agreements.
1.12. The User agrees that all materials and services of the Service or any part of them can be accompanied by advertisements. The User agrees that the Administration bears no responsibility and has no obligations related to such advertising.
1.13. Registration on the Service is voluntary. When registered on the Service, the User gains access to additional services of the Service. The Administration reserves the right to demand confirmation of the information provided by the User at the time of registration and confirmatory documents at any time.
1.14. The User undertakes to keep their password confidential. The User is responsible for actions performed using their email address and password, as well as actions carried out in the User's Profile. The User has the right to use the Service services only using their own personal email address and password. If the User suspects unauthorized access to their Profile, the User undertakes to change their password independently.
1.15. The Administration has the right to use special technical solutions to verify the accuracy of the information provided by Users during registration and/or authorization.
1.16. The Administration cannot guarantee that the User is indeed as represented, and the information provided by the User during registration on the Service is correct.
1.17. It is recommended that the User maintain communication with possible counterparties using all available tools on the Service.
1.18. The Administration reserves the right to stop access to services that violate the terms of this Agreement at its discretion.
1.19. The Service has the right to restrict or stop access to the User in case of violation of the rights of other persons or current legislation by the User, as well as for other reasons at its discretion.
1.20. The User, whose access to services has been stopped and/or whose information is unreliable, does not have the right to re-register without special permission from the Administration. Such a User also does not have the right to use registration information of another User to access the Service and its services.
2. Use of the Service. Placement of advertisements
2.1. After filling out a special form, the Administration grants all registered Users the right to post advertisements on the Service.
2.2. The User agrees not to initiate actions that can be considered as violations of legislation or international law norms, including in the field of intellectual property, authors and/or related rights, as well as any actions that may disrupt or can disrupt the normal functioning of the Service.
2.3. All agreements about goods, works, and services are concluded directly between Users. The Service is not a participant and/or intermediary of agreements carried out by Users through the Service. The Administration does not control such agreements and is not responsible for them.
2.4. Comments and other notes of the User on the Service should not conflict with the requirements of the legislation and generally accepted moral norms.
2.5. The User is warned that the Administration is not responsible for his access to and use of external resources, links to which may be on the Service. The Administration is not responsible for the content of advertisements, other resources' references, and other information specified in the description of advertisements.
2.6. In order to obtain the right to publish advertisements, information, and data provided by the User, the User grants the Administration the worldwide, perpetual, irrevocable, non-exclusive right to use, distribute, publish, collect, process, display, reproduce, information, descriptions, images, video and audio materials, databases, publications, copyrights, and intellectual property rights, including information on all known or unknown information carriers. The above rights are granted to the Administration for free. The User grants all Users of the Service the right to access the information posted by him. Additionally, the User owns all intellectual property rights to the materials posted by him on the Service.
2.7. The Service is not responsible for the violation of third parties' rights related to the provision of any information and data by the User.
2.8. The User of the Service undertakes to post advertisements in accordance with the instructions of the Service and to provide reliable and complete information about the terms of sale of the Goods. The User must check the information about the Goods specified in the advertisement and, if errors or incomplete information are detected, correct and/or complete the necessary information in the advertisement.
2.9. By placing an advertisement for Goods, the User confirms that he has the right to carry out the actions specified in the advertisement about such Goods.
2.10. The User confirms that he has all necessary rights, licenses, permissions, including all patents, trademarks, trade secrets, intellectual property rights, or appropriate written consent, license, or permission from third parties to use their names, descriptions, or other objects in advertisements on the Service.
2.11. The Service has the right to require additional information about the Goods posted by the User and/or documents confirming the information provided by the User. The Service has the right to hold publication until such documentation or information is provided.
2.12. The User has the right to sell Goods belonging to him on the Service, provided that this does not require special permissions and subject to compliance with the current rules of use.
2.13. To support the high quality of services, the Service reserves the right to limit the number of active advertisements of the User on the Service, as well as to limit the actions of the User on the Service.
2.14. The description of the Goods specified by the User in the advertisement constitutes the terms of sale of these Goods.
2.15. Delivery terms must be included in the description of the Goods specified in the advertisement.
2.16. The terms of the services specified in the advertisement and/or the terms of sale and the description of the goods, as well as other terms of the advertisement, must not contradict the current legislation and this Agreement at the time of posting the advertisement, as well as in the future. If any condition of the advertisement becomes or is recognized as such, which is not in accordance with the current legislation and/or this Agreement due to changes made to the legislation and/or this Agreement, such conditions or such an advertisement must be completed or changed by the User so that any inconsistencies are eliminated. In case it is impossible to make the appropriate changes, such an advertisement must be deleted by the User. At the time of the occurrence of the events specified in this clause, the Administration reserves the right to carry out actions to correct or delete such advertisements without prior notice to the User.
2.17. Advertisements are prohibited on the Service, the publication of which violates current legislation, contradicts generally accepted moral norms, is offensive or inappropriate, as well as violates the rights of third parties. The User must ensure that the offer does not violate current legislation and the terms of this Agreement.
2.18. Use of paid services does not guarantee that the advertisement will not be blocked by the Administration in case of violation of this Agreement. In case of violation of the rules for placing advertisements, the money for paid services is not returned.
2.19. It is forbidden to place references to the pages of Internet sites that contain offers for sale, use, or other information about goods and services in the advertisement.
2.20. The User undertakes not to support and not to distribute information about:
2.20.1. Other trading platforms, online auctions, and/or online stores;
2.20.2. Other services offering the same or lower-priced goods and services presented on the Service;
2.20.3. Other services offering goods and services prohibited for sale on the Service.
2.21. The User undertakes not to use automated programs to obtain access to the Service without the written permission of the Administration. The use of computer programs that allow placing advertisements bypassing the normal order of placing advertisements, without the written permission of the Administration, is prohibited.
2.22. In addition, the User undertakes:
2.22.1. Not to initiate any actions that could lead to significant load on the infrastructure of the Service;
2.22.2. Without the initial written permission of the Administration, not to copy, reproduce, modify, distribute, or present publicly any information on the Service;
2.22.3. Not to interfere with the operation of the Service or limit access to the Service with the aim of disrupting or limiting the operation of automatic systems and processes;
2.23. Information and actions of the User on the Service must not:
2.23.1. contain falsehood, inaccuracy, or deception;
2.23.2. facilitate fraud, deception, or abuse of trust;
2.23.3. lead to the conclusion of contracts for stolen or counterfeit goods;
2.23.4. violate the property of a third party or encroach on the trade secret or the right to inviolability of a person's private life;
2.23.5. contain information that insults someone's honor, dignity, or business reputation;
2.23.6. contain slander or threats against anyone;
2.23.7. call for the commission of a crime, as well as incite interethnic hostility;
2.23.8. create opportunities, support, or call for terrorist and extremist activities;
2.23.9. have an obscene or pornographic character;
2.23.10. contain computer viruses, as well as other computer programs, in particular, aimed at causing harm, unauthorized interference, secret appropriation, or any system's data or the system itself, or part of it, or personal information or other data (including the Service's data);
2.23.11. contain advertising materials;
2.23.12. violate the intellectual rights of third parties, the right to a person's image, and other rights of third parties;
2.23.13. violate current legislation in any other way.
2.24. It is forbidden for the User to place advertisements on the Service, to conclude or execute contracts using the services of the Service, which could lead to a violation of current legislation by the Service and/or the User.
2.25. The Administration has the right to advertise the Goods about which the advertisement has been placed on the Service, in a different manner specified by the User at the time of placing the advertisement.
2.26. The Administration has the right to change, stop, terminate, or extend the display periods of any advertisement for reasons dependent on or independent of the Service.
2.27. The Administration has the right to stop the display of any advertisement for reasons that violate the terms specified in this Agreement, as well as for other reasons that violate the rights of other Users or current legislation.
2.28. The Administration has the right to edit advertisements, transfer them to other sections, and perform any other actions with the Users' advertisements.
2.29. The Administration has the right to refuse to publish advertisements (publication).
2.30. The User bears full and exclusive responsibility for the content of advertisements in accordance with current legislation.
3. Paid Services
3.1. Users can order paid services on the Service.
3.2. Types of paid services:
A) VIP advertisement
B) Premium advertisement
3.3. Prices for services, as well as the order of ordering paid services, are specified on the relevant pages of the Service.
3.4. A Service User who has paid for the services of the Service has the right to apply to the Administration with a request for the return of funds. The decision on the return or refusal is made unilaterally by the Administration.
3.5. The Administration may refuse to return funds to the User in the following cases:
3.5.1. If the User regularly violates the terms of this Agreement.
3.5.2. If the service has been activated, as well as in cases where the advertisement has been deleted after moderation.
3.5.3. If the User has placed an advertisement about prohibited goods, services, and offers.
3.5.4. In case of any malfunctions in the payment system. The Service is not responsible for the operation of payment systems used by Users to pay for the services of the Service. The issue of returning funds in this case is resolved on an individual basis.
3.5.5. In other cases according to the decision of the Administration.
3.6. The procedure for returning funds is determined between the Administration and the User for each specific case.
3.7. Funds to be returned will be transferred to the User's account within 30 days.
4. Communication
4.1. The Administration has the right to send electronic letters and/or short messages (SMS messages) to the email addresses and/or phone numbers provided by the Users. Messages of the Service may also be published on the Service.
4.2. Additionally, the User understands, accepts, and agrees that such letters and messages may include, but are not limited to: offers from other Users for the conclusion of contracts, offers and other information and/or advertising messages and other messages. The User understands, accepts, and agrees that such messages and/or their individual parts may have an advertising character, as well as contain advertising, information, and other announcements.
4.3. Messages published on the Service are considered delivered to the User from the moment of their publication.
4.4. The Administration is not responsible for the use and/or sending of messages in the form of automated systems (robots) placed on the Service by other Users.
4.5. The Administration is not responsible for the use of phone numbers and email addresses placed on the pages of the Service by other Users and/or robots.
4.6. The User confirms that the Administration has the right to provide email addresses and phone numbers to third parties for the purpose of sending letters and messages to Users.
4.7. Correspondence of the User with the Administration or moderators of the Service is carried out with the help of the email box indicated on the Service.
4.8. It is forbidden for the User to place comments, discussions, and other writings about the actions of moderators and the Administration on the Service.
4.9. The User can send an appropriate request to refuse receiving messages to his phone number and/or email address at any time.
5. Software
5.1. The Administration is the exclusive owner of the domain name of the site, the site itself, mobile applications, as well as all the Service and all the software of the Service.
5.2. During the downloading of the software, the Administration provides the User with a personal free ordinary license to use the software, without the right to transfer it to third parties.
5.3. Such a license is intended exclusively to provide the User with the opportunity to use the services of the Service and to benefit from them based on the functions of the Service.
5.4. It is prohibited to copy, modify, distribute, sell (realize), exchange, or lease out completely or any part of the intellectual property objects of the Administration (including software), as well as to attempt to "break" or obtain the source code of the software without the written permission of the Administration.
6. Limitation of Liability
6.1. All information (including personal information) provided by the User on the Service is placed by the User for the sale (realization) of his Goods.
6.2. The User places such information about himself only in his interests, including to simplify the establishment of contact with the User and/or to identify the User.
6.3. By placing information about himself, the User understands and agrees that such information is placed in open access on the Service, i.e., it is available to any client and/or Users of the Service.
6.4. The User understands and accepts all risks associated with such placement of information, including, but not limited to: the risk of the email address falling into lists for sending spam messages, the risk of the email address falling into various types of scams, the risk of the phone number falling into SMS spammers and/or SMS scammers, and other risks arising from such placement of information.
6.5. The Service is not the organizer, intermediary, buyer, or seller of agreements about Goods.
6.6. The Service is not responsible for the conclusion and execution (implementation) of agreements, damage inflicted, lost benefits, revenues, financial losses, or indirect, actual, external, or punitive damages, as well as any damage resulting from illegal actions of any person.
6.7. By using the services of the Service, the User confirms his agreement that he uses the Service at his own risk and bears all risks associated with the use of advertisements placed on the Service.
6.8. The Service is a tool that provides the possibility of placing advertisements about Goods, the offer, sale, and/or acquisition of which is permitted by law, this Agreement, and other rules of use of the Service.
6.9. The Service does not always check the advertisements placed by Users, as a result, the quality, safety, legality, and compliance of the Goods with their description, as well as the seller's ability to sell the Goods and the buyer's ability to acquire them, are beyond the control of the Service.
6.10. The Service cannot control the reliability of the information placed in the advertisements by Users.
6.11. The Service, its Administration, management, and employees do not bear any responsibility for the content of advertisements placed on the Service, as well as their reliability.
6.12. The Administration, its management, and employees do not bear any responsibility for the content of any news (including those received by Users in the mailbox and/or mobile phone), as well as for the use of contact information of Users by other Users.
6.13. The User understands that the fact of placing an advertisement on the Service is not a guarantee that any offer of Goods, their sale, and/or acquisition is real and legal. The decision to implement the agreement is made by the User independently.
6.14. To the extent permitted by law, the total liability of the Service for any claims is limited to the amount paid by the User for the use of the services of the Service or (at the discretion of the Service) this amount provided to the User again.
6.15. The User agrees that all disputes between the User and other Users and/or clients of the Service (including those resulting from the implementation of agreements) are resolved by the User independently without involving the Administration.
6.16. The Administration does not bear responsibility for any access to the services of the Service and/or any information about Users (including personal information) carried out by third parties without the consent (permission) and/or knowledge of the Administration.
6.17. The User agrees that the Administration does not bear responsibility before the User for any possible or incurred losses or damages related to the content of the Service and/or agreements implemented by the User as a result, registration of copyrights, information about such registration, possible goods and services on the Service, and other relationships entered into by the User using the information placed on the Service, and does not have direct or indirect obligations.
6.18. The Administration does not bear responsibility for any program malfunctions, crashes, and other technical and program malfunctions that can be transmitted through the Service or delivered by third parties, as well as for errors, computer viruses, etc.
6.19. The User undertakes to act only in accordance with current legislation and this Agreement, and to bear full responsibility for his actions and inaction during the use of the Service and its services.
6.20. In case of violation of the rights of another User of the Service (illegal use of an object of intellectual property, etc.), the User whose rights have been violated can apply to the Administration or moderators with the appropriate complaint. The Administration undertakes to consider the complaint and, if it is justified, to take measures to stop the violation of the User's rights.
7. Duration of the Terms of Use
7.1. This agreement takes effect from the moment the User begins to use the services of the Service, regardless of the fact of registration of the User on the Service or placing an advertisement, and is valid indefinitely.
7.2. The User has the right to stop his right to use the services of the Service at any time. After that, the User does not have the right to place new Advertisements.
7.3. The Service has the right to stop the User's access at its discretion. A User whose access to services has been stopped or whose information is not true does not have the rights to re-register without special permission from the Administration, and such a User also does not have the rights to use another User's registration information to access the Service.
8. Other Terms
8.1. In case of disputes, the parties of this Agreement undertake to resolve them through negotiations. Disputes arising during the implementation of this Agreement and the provision of services of the Service must be resolved in accordance with current legislation.
8.2. The legislation of the Republic of Azerbaijan is applied to all disputes.
8.3. The Service has the right to unilaterally change this Agreement without notifying Users. The new version of the Agreement comes into force from the date of its publication on the Service.
8.4. Nothing in the Agreement can be understood and interpreted as establishing agency relationships, partnership relationships, joint activity relationships, personal hiring relationships between the User and the Administration, or any other relationships not directly provided by the Agreement.
8.5. Recognition by the court of any provision of the Agreement as invalid and not subject to mandatory enforcement does not result in the invalidity of other provisions of the Agreement.
8.6. The inaction of the Administration in case of violation of the provisions of the Agreement by any of the Users does not deprive the Administration of the right to take appropriate actions to protect its interests and rights later.
8.7. All other terms and conditions not provided by this Agreement are regulated separately on an individual basis.
The User confirms that he has been acquainted with all clauses of this Agreement and accepts them in full without reservation.