Terms and Conditions
Last updated December 3, 2024
Introduction
AKAARI is a platform designed specifically for real estate agents who are licensed by the relevant regulatory authorities in the UAE to streamline property searches using advanced artificial intelligence. With AKAARI, real estate agents can effortlessly upload and share properties, making them easily accessible to other professionals on the market. These innovative features enhance convenience and efficiency, enabling real estate agents to quickly discover and manage available listings. By speeding up the process and tailoring the property search to the real estate agent’s specific needs, AKAARI aims to boost communication between real estate agents in the UAE's, driving innovation in the industry. AKAARI is solely for communication purposes between the real estate agents and is not affiliated with any sales that might take place as a result of the communication on the platform.
1. Terms and Conditions
These terms and conditions (“Agreement”, „Terms“) set forth the general terms and conditions of your use of the Akaari.ae website (“Website”), “AKAARI” mobile application (“Mobile Application”) (collectively, “Platform”) and any of their related services (collectively, “Services”). This Agreement is legally binding between you (“Member”, “you” or “your”) and AKAARI INFORMATION TECHNOLOGY NETWORK SERVICES L.L.C (“AKAARI”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms “Member”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and AKAARI, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
We strive to foster a community where all members feel comfortable, secure, and that their privacy is protected. We achieve this in several ways:
Our team and membership committee are rigorously vetted, ensuring that your information, interests, and involvement remain strictly between you and us, unless you choose to share it through your actions or activity within the Service.
We select community members who we believe will adhere to our code of conduct, including respecting the privacy of fellow members, and who have agreed to do so under these Terms of Use. Furthermore, we periodically review our community and remove members who do not act in accordance with our code of conduct or these Terms, or who engage in disrespectful, inappropriate, or improper behavior.
2. Services and Platform
AKAARI offers a membership Service that provides licensed real estate agents access to our Platform. Members can manage their listings and connect with other professionals in the industry.
The Platform has following features:
I. Home Page: Members see a list of available properties with detailed information about each one. A brief description, photos, and key features help users quickly browse through options.
II. Smart Search: Members can utilize smart search to quickly find properties based on various criteria, such as location, number of bedrooms, and bathrooms. For example: "Looking for an apartment in Dubai with 3 bedrooms and 3 bathrooms in Palm Jumeirah."
III. Filters: Members can use filters to fine-tune search results and weed out unsuitable options.
IV. Interactive Map: Members can view the location of properties on a map, helping them better understand the surroundings and location of the property. Add to Favorites: Members can add properties they like to the "Favorites" list for later viewing or comparison.
VI. Chat with Realtor: Members can contact a realtor directly through the built-in chat to get more information about a property, clarify details, or schedule a meeting.
VII. Personal Account: Members have access to their personal account, where they can manage their profile, view their favorite properties, search history, and upload properties for sale or rent.
VIII. Notifications: Members receive notifications about new properties, responses from realtors, or other important events in their account.
IX. Settings: Members can configure app settings, such as language, notifications, and more, to enhance their user experience.
X. These features ensure convenience and efficiency for your app, helping realtors quickly find and manage available properties.
XI. The app will increase the number of transactions in the secondary property market in Dubai as it will simplify property search with the help of artificial intelligence
3. Membership Eligibility and Responsibilities
If you create an account and apply for a membership on our Platform, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you can sign in or start using the Service. Providing false information of any kind may result in the termination of your account and is subject to a penalty as provided in Sec. 20. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Service. We may block your email address and Internet protocol address to prevent further registration.
3.1 Account Eligibility
Before creating an account on AKAARI, ensure you are eligible to use our Service. By using our Services, you represent and warrant that: You are a licensed real estate agent authorized by the relevant regulatory authorities in the UAE. You are legally qualified to enter a binding contract with AKAARI. You are authorized by the legal owner of the real estate to market the owner’s real estate You are not prohibited by law from using our Services. You have not committed or been convicted of a felony, a crime involving fraud, or any crime involving violence. You do not have more than one account on our Services. You have not been previously removed from our Services or our affiliates' services without our express written permission. If you no longer meet these requirements, you must immediately delete your account, and we reserve the right to remove your access to our Services without warning.
3.2 Your Responsibilities
You agree to:
- Comply with these Terms and regularly check for updates.
- Follow all applicable laws, including privacy, intellectual property, and anti-spam laws, and regulatory requirements.
- Use the latest version of the Website and/or App.
- Review and follow our Privacy Policy and Community Guidelines.
You agree not to:
- Misrepresent your identity, age, affiliations or information published by your account.
- to market an upload real estate on our portal that has already been sold or to offer real estate on or portal with an incorrect rental or sales asking price.
- Use the Services in a manner that damages or prevents their use by others.
- Interfere with, disrupt, or negatively affect the Platform, servers, or networks.
- Use the Services for any harmful, illegal, or nefarious purposes.
- Harass, bully, stalk, intimidate, assault, defame, or otherwise harm others.
- Post or share prohibited content.
- Solicit passwords or personal identifying information for unlawful purposes.
- Use another user's account.
- Engage in fraud or any other illegal activities.
- Violate the terms of the license granted by AKAARI.
- Disclose private or proprietary information you do not have the right to disclose.
- Copy, modify, transmit, distribute, or create derivative works from any Member Content or our Content without our prior written consent.
- Use any automated systems to access, retrieve, or manipulate our Services.
- Upload viruses or malicious code or compromise the security of our Services.
- Forge headers or manipulate identifiers to disguise the origin of any information transmitted through our Services.
- "Frame" or "mirror" any part of our Services without our prior written authorization.
- Use meta tags or other devices referencing AKAARI to direct any person to another website.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or disassemble any part of our Services.
- Develop third-party applications that interact with our Services without our written consent.
- Probe, scan, or test the vulnerability of our Services or any system or network.
- Engage in any activity that violates these Terms.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked if you engage in any prohibited activities.
4. Devices and Communications
4.1 For registration on the AKAARI Website or through the Mobile Application, the Members are encouraged to possess an electronic device (such as a smartphone, PC or handheld device) which is for optimum functionality of the AKAARI App with a functioning mobile number, the ability to read text messages (SMS) and push notifications sent by AKAARI (the device).
4.2 If the device is lost or stolen, the Members must promptly inform AKAARI of such occurrence, to ensure that the access to the AKAARI Platform via the device is immediately blocked, suspended or deactivated, so that the device can no longer be used to access the Platform. For the avoidance of any doubt AKAARI does not have the ability to block, suspend or deactivate itself but only, access the AKAARI Platform from the device.
5. User Content and Conduct
We do not own any data, information, or material (collectively, “Content”) that you submit on the Platform while using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content submitted or created using our Services by you.
You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
1. Right to Monetize
You grant AKAARI the right to monetize your Content on the Service, which may include displaying advertisements on or within Content or charging users a fee for access. This Agreement does not entitle you to any payments.
2. Removing Your Content
You may remove your Content from the Platform at any time and have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.
3. Removal of Content by AKAARI
If there are objective and concrete reasons to believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to AKAARI, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you without undue delay and give you the reason for our action and the opportunity to remedy or stop such behavior unless there are objective and concrete reasons to believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise substantially risk legal liability for AKAARI or our Affiliates; (b) would compromise an investigation or substantially harm the integrity or operation of the Service; or (c) would cause substantial harm to any user, other third party, AKAARI or our Affiliates.
6. Billing and Payments
AKAARI offers different membership packages tailored to meet the needs of both individual real estate agents and legal entities:
6.1 Individual Real Estate Agents: Individual real estate agents have the option to subscribe to a monthly membership or a yearly membership at a discounted price.
6.2 Legal Persons: Legal persons also have the option to subscribe to a monthly membership or a yearly membership at a discounted price. This kind of membership allows X devices to be logged in simultaneously under one account.
You shall pay your selected membership fee to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. We reserve the right to change our Service and service pricing at any time. We also reserve the right to refuse memberships you apply for on our Platform. In the event that we make a change, refuse or cancel a membership, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7. Accuracy of information
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel memberships if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
8. Third party services
If you decide to enable, access or use third party services (such as for Authentication), be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against AKAARI with respect to such other services. AKAARI is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting AKAARI to disclose your data as necessary to facilitate the use or enablement of such other service.
9. User Information
AKAARI may provide you with personal information relating to communication with other Members on the Platform. You agrees that:
1. you will not use such personal information, except the required to obtain the Services and remain in compliance with applicable laws and ensure that such Member’s data will not be used for any other purposes, including but not limited to marketing;
2. you will not disclose rent, sell or otherwise provide such information to any third parties without AKAARI’s and the Member’s consent who uploaded the content;
3. it will not use, or attempt to use, this information in a manner that would violate this Agreement;
4. you will take reasonable and appropriate administrative, physical and technical measures to protect the security integrity and confidentiality of the AKAARI and other Member’s information that it receives from AKAARI and will promptly report all data breaches, or other information security events to AKAARI;
5. you will not upload or publish false or misleading information on the Platform;
6. if the Member’s account with AKAARI is no longer active or is terminated, it will not represent that it receives Services through AKAARI.
10. Disputes between Members on the Platform
1. The Member will cooperate with AKAARI if AKAARI attempts to facilitate the resolution of any Member dispute or complaint between Members in relation to a Service or the Platform.
2. AKAARI is under no circumstances liable to the Member or any other person for the resolution of (or failure to resolve) any such matter. AKAARI reserves, the right to charge the Member for any amounts AKAARI pays in connection with disputes regarding the Member’s conduct or misrepresentation and the Member agrees to reimburse AKAARI for any such payments and costs, expenses or attorneys fees at AKAARI incurs in connection with such dispute.
3. The Member agrees that AKAARI has the right to disclose any information AKAARI retains regarding the Member to any authorities requesting information from AKAARI regarding any activity on the Platform.
11. Backups
We perform regular backups of the Platform and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
12. Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
13. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
14. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by AKAARI or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with AKAARI. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of AKAARI or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of AKAARI or third party trademarks.
15. Disclaimer Of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding Services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
16. Limitation Of Liability
To the fullest extent permitted by applicable law, in no event will AKAARI, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of AKAARI and its affiliates, officers, employees, agents, suppliers and licensors relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to AKAARI for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
17. Indemnification
You agree to indemnify and hold AKAARI and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
18. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
19. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
20. Penalties
20.1 Penalty for Breach of Terms and Conditions
Any breach of these Terms, including but not limited to those listed in Sections 3 will result in immediate warning, suspension or termination of your account.
20.2 Non-Payment Penalty
If your account incurs any charges or fees that are not paid within the designated period, AKAARI reserves the right to suspend or terminate your account.
20.3 Legal Recourse and Additional Remedies
In addition to the penalties outlined above, AKAARI reserves the right to seek legal recourse for any breaches of this Agreement, including but not limited to, filing claims for damages, seeking injunctive relief, and pursuing any other remedies available under applicable law. Any penalties imposed under this section do not preclude AKAARI from pursuing additional legal actions to recover losses or enforce compliance with these terms.
20.4 Waiver of Penalties
AKAARI may, at its sole discretion, choose to waive any penalties specified in this section. Such a waiver must be documented in writing and will only apply to the specific instance for which it was granted. A waiver of penalties for one breach does not constitute a waiver for any subsequent breaches.
20.5 Modification of Penalties
AKAARI reserves the right to modify the penalty amounts outlined in this section at any time. Any changes to the penalty terms will be communicated to the Member, and continued use of the Platform following such changes will constitute acceptance of the new penalty terms. This section is intended to ensure that all users adhere to the highest standards of integrity, security, and legal compliance when using AKAARI’s Platform. Failure to comply will result in strict enforcement of these penalty provisions.
21. Termination
The minimum duration and termination conditions depend on the specific subscription plan chosen by the Member. The duration of a free trial is not included in the minimum subscription duration drawn up below. Before the minimum subscription period starts the Member has the option to cancel his or her Membership up to one day before the free trial ends. If the Membership is not cancelled within the free trial period section 21.1 and 21.2 apply.
21.1 The minimum duration of a subscription is one months. Termination by the Customer is only possible if the minimum duration of one months has been reached. After the minimum duration, the monthly subscription will automatically renew on a month-to-month basis unless the Member provides written notice of termination at least seven (7) calendar days before the end of the current term. If no such notice is provided, the agreement will renew automatically for another one (1) month period.
21.2 The initial term of this yearly subscription is twelve (12) months. Upon expiration of the initial term, the subscription shall automatically renew for an additional twelve (12) months term unless the Member provides written notice of termination at least ninety (90) calendar days before the end of the current term. If timely notice is not provided, the subscription will renew automatically for another twelve (12) months.
21.3 AKAARI reserves the right to make any amendments or changes in the future. A regular Termination is not possible during the duration of the agreed service term. A termination must be done in written form in order to be effective.
22. Licensing and Responsibility
The Member acknowledges and accepts full responsibility for obtaining and maintaining all necessary licenses, approvals, and authorizations required to publish property listings in compliance with applicable UAE laws. AKAARI shall not be held liable for any illegal activities, inaccurate information, or the participation of unqualified Members on the platform. Each Member is solely responsible for their own conduct and compliance with relevant legal and regulatory requirements.
23. Law and jurisdiction
If not provided otherwise in the Service Agreement, the Service Agreement and these General Terms and Conditions shall be governed by the UAE Laws.
If not otherwise provided in the Service Agreement or any other agreement between AKAARI and the Members, any dispute arising out of or in connection with the engagement or these Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre. Each party irrevocably submits to the exclusive jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with this contract being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non conveniens). The Small Claim Tribunal shall have jurisdiction till an amount in dispute of AED 1,000,000 (to say: Dirhams one million).
24. Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
25. No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
26. Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
27. Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
28. Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Email:
Telephone no.: