“Advance Connection Networks FZ-LLC;” maintains the www.brokerconnector.com Website ("Site").
1. GENERAL USE OF THE WEBSITE
1.1. Whenever you log in to the Website and use the services of the Website or company, you agree to be bound by the following terms. These Terms set out the relationship between BrokerConnector and you and the terms on which BrokerConnector provides the Website and general terms applicable to your use of the Website and services. You may not use this Website if you do not agree to these Terms. These terms are effective from 1st June 2016
1.2. BrokerConnector will endeavour to ensure that the information contained in this Website is accurate and up-to-date, but BrokerConnector accepts no liability for omissions or errors in the information or any consequences that result from that (including without limitation any direct or indirect loss or damage of any nature whatsoever).
1.3. BrokerConnector is not liable for any damage to your computer equipment or software which may occur on account of your access to or use of this website, or your downloading of materials, data, text, or images from any part of this website, whether caused by a virus, bug or otherwise.
1.4. BrokerConnector does not guarantee the availability of the Website and services at any particular time. If for any reason any part of the Website is not capable of running as planned for any reason (including infection by computer virus, tampering, unauthorized intervention, fraud, network, server, or other technical failures), BrokerConnector has the right to discontinue the Website.
1.5. You may not link to this website without seeking the prior written consent of BrokerConnector. You may not frame the BrokerConnector website on another website without seeking the prior written consent of BrokerConnector. You may not charge third parties for accessing the content of the website, nor can you in any way remove or copy, and then commercialise its content. You may not change, edit, add to or produce summaries of its content anywhere else.
1.6. BrokerConnector will take reasonable precautions to ensure the Website is safe to use, but BrokerConnector does not warrant that this Website is virus free or free from anything else that may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. BrokerConnector is not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or of BrokerConnector’s services. This includes anything that happens when you download material from the Website.
1.7. Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE
1.8. The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency
2. LISTINGS
2.1. The User may, from time to time during the Term, supply ACN with the Listings in accordance with this Agreement. Listings must be provided by the User to ACN in the format notified to all users on the Website from time to time. The Listing will be uploaded to the Website in reasonable time after the draft of the Listing is provided, with the parties acknowledging that time is not of the essence in this regard.
2.2. The User can only provide Listings for a property that is:
(a) available for sale or rent in the UAE and able to be sold by the User as an agent under a valid and then-current real estate agent agreement between the User and the registered owner of the property that is included within the Listing;
(b) free from all defects (unless clearly noted in the Listing) and able to be sold or rented; and
(c) is accurate, up-to-date and not misleading and, in all respects, is factually represented by the images and words that are contained within the Listing. The User is responsible for checking the accuracy of the information contained in a listing. ACN will not be liable for any information provided by a third party, brokerage, or developer and ACN shall have no liability in relation to any dispute between the User and any other third party users of the site and services.
2.3. BrokerConnector does not and cannot guarantee the accuracy, integrity or quality of User Content. Additionally, BrokerConnector is not liable for any loss or damage that you suffer because of your use of or reliance on the User Content. User Content may not be accurate – please make your own enquiries before relying on any User Content.
3. CLIENT INFORMATION
3.1. The User may, from time to time during the Term, supply ACN with the Client Information in accordance with this Agreement. Client Information must be provided by the User to ACN in the format notified to all users on the Website from time to time. The Client Information will be uploaded to the Website in reasonable time after the draft of the Client Information, with the parties acknowledging that time is not of the essence in this regard.
3.2. The User can only provide Client Information for a person or entity that is:
(a) seeking to purchase or rent property in the UAE and working with the User to seek that property [under a valid and then-current agreement between the User and the person or entity that is included within the Listing]; and
(b) is accurate, up-to-date and not misleading and, in all respects, is factually represented by the words that are contained within the Client Information.
4. SERVICE AND DEFECTIVE SERVICE
4.1. The Website will allow the User to view material that has been included on the Website by Customers and, if they feel it would be mutually beneficial, to contact any Customer through the appropriate means on the Website if they feel that a Listing (whether theirs or the Customers) might be suitable for a person or entity that is described in the Client Information (whether the Customers or theirs).
4.2. Communication via the Website and thereafter must be carried out by qualified, competent personnel and must be performed in a timely and professional manner.
4.3. If a Customer notifies ACN of any default or failure by the User in relation to either a Listing or Client Information or any subsequent communication (“Defect Notice”) then the User must:
(a) respond to the ACN, no later than 24 hours after the complaint has been submitted; or
(b) immediately delete or amend the relevant Listing or Client Information.
4.4. The User acknowledges and understands that ACN does not monitor, approve, verify or check any correspondence that takes place as a result of the provision of the services or the operation of the Website. ACN tries to keep all information on the Website up to date, but it may not be correct all of the time. The User must independently check that the information that it receives from the Website (including from any Customer) is correct and must ensure appropriate levels of safety and security when undertaking any correspondence or any transaction within the Website or because of the operation of the Website.
4.5. In using the services provided by the Website, the User agrees not to:
(a) contact any third parties who do not wish to be contacted;
(b) stalk or harass other users; or
(c) post, email, make available through the Website or contact any users with any spam, junk mail, chain letters or unsolicited email advertisements.
5. LIABILITY AND INDEMNIFICATION
5.1. ACN does not guarantee that the availability of the Website and services will be uninterrupted or that transmissions will be error free. Access to the Website and services may occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities and services.
5.2. ACN does not guarantee the availability of the Website at any particular time. If for any reason any part of the Website is not capable of running as planned for any reason (including infection by computer virus, tampering, unauthorized intervention, fraud, network, server, or other technical failures), ACN has the right to discontinue any Listing or Client Information.
5.3. The User will indemnify and hold ACN, including without limitation their respective officers, directors, shareholders, partners, employees, and agents now known or known in the future, harmless from and against any and all liabilities, losses, claims, penalties, costs that may be incurred relating to any claim in connection with the User’s provision of the Listing to the Website or the listing of Client Information on the Website, including attorney's fees, expenses and court costs and any other expenses incurred for the settlement of such claim whether it relates to or arises out of:
(a) the performance by the User of its duties under this Agreement as per the Terms and Conditions;
(b) any failure of the User to perform or observe any of its obligations or duties;
(c) any breach of the User’s representations and warranties contained in these terms or the failure to comply with any of its obligations under these terms (compliance with regulations); or
(d) any deficit or deficiency in the Listing or the Client Information (including falsifying accounts for either), or other product that the User supplied under this Agreement.
5.4. ACN will not be liable to any person for:
(a) losses that were caused directly or indirectly by ACN; or
(b) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
(c) any indirect or consequential loss or damage howsoever described or claimed.
6. VISIBILITY, LOGO AND IDENTIFIYING SIGNS.
6.1. The User grants ACN a non-exclusive license to display the User’s trade mark, logo and other identifying signs (the “Brands”) in any way that it sees fit on the Website. The User acknowledges however that, notwithstanding this general right to display the Brands on the Website, ACN will not include the Brands on that page of the Website that contains either a Listing or a Client Information that is supplied by the User.
6.2. The User also grants to ACN a non-exclusive license to display the Brands in and in relation to any marketing materials that may be created for ACN and for the Website.
7. USER - RELATIONSHIP
7.1. The User warrants that to the best of its knowledge and belief at the time and execution of this Agreement, the performance of its obligations required under this Agreement does not give rise to any actual or perceived conflict of interest with ACN or the operation of the Website and services. Subject to the User’s professional obligations, the User must not engage in any activity which may give rise to a conflict of interest, and will establish precautions to prevent its employees, agents and subcontractors from engaging in any activity which might be contrary to ACN’s best interest.
8. TERM AND TERMINATION
8.1. This Agreement will commence on the Effective Date and will continue for the Term in effect unless terminated in accordance with this these term 7.
8.2. After the first 12 months of the Term, the User may terminate the Agreement for any reason whatsoever, with or without cause, and without the need for a court order, by giving no less than one (1) weeks prior written notice of termination to ACN. ACN may terminate the Agreement for any reason whatsoever, with or without cause, and without the need for a court order, by giving no less than one (1) weeks prior written notice of termination to the User
8.3. In addition, ACN reserves the right to suspend access to the Website/services at its sole discretion and without notice if the User:
(a) breach this Agreement, including a failure to pay the Fees in a timely manner or breaches the terms of any of ACN’s policies;
(b) does anything that adversely affects ACN’s business or reputation; or
(c) is, in the opinion of ACN, disrupting, disturbing or interrupting the operation of the Website in any way harassing or otherwise disrupting the use of the Website by any other users.
8.4. In the event of a termination of the Agreement by the User pursuant to this term 7, ACN will have no further obligations under this Agreement, whatsoever.
8.5. If ACN exercises its rights of termination under this term 7, it will not be liable to the User for any losses, claims, damages, fees, liabilities, costs or expenses suffered or incurred by the User and resulting from such termination. In any event, under no circumstances will ACN be liable to the User for any indirect or consequential loss (including loss of goodwill, loss of profit, loss of any contract, loss of opportunity, loss of anticipated profits or revenue or costs of capital) as a result of termination of this Agreement howsoever caused.
9. EXCLUSIVITY
9.1. ACN does not commit to any exclusivity under this Agreement and is entitled to enter into similar agreements with other users in the same field as the User for provision of services similar or identical to those provided buy the User under this Agreement whether for the Website or for any other business that ACN may undertake.
9.2. The User agrees that it will not enter into any agreement with a third party for the provision of information equivalent to that provided under this Agreement (being the Listings and the Client Information) where that information would be included in any website or information product (howsoever distributed) that would be primarily in the business of competing with the Website or services in sharing such business information exclusively with other businesses or otherwise connecting businesses in the real estate business with the capability to add a real estate marketplace. The parties agree that the provisions of these terms do not prevent the User from supplying information to real estate listings that are exclusively provided for the use of the public.
10. COMPLIANCE WITH LAWS
10.1. In performing the services under this Agreement, the User must at all times comply with, and must ensure that its employees, subcontractors (if any) and agents at all times comply with, any and all applicable laws or regulations, regulatory policies, guidelines or industry codes which apply to the provision of services, including, without limitation, any applicable data protection laws and that all authorization or license that are necessary or desirable have been obtained.
10.2. The User commits not to make use of any data, information, whether personal, privileged or other to which the User has access or when such information or data are made available to the User through the Website or in the course or for the purpose of performing the services under this Agreement.
11. REPRESENTATIONS AND WARRANTIES OF THE USER
11.1. The User will create the Listing and the Client Information with the highest levels of professionalism and efficiency, in accordance with the provisions of this Agreement and use the utmost care, skill and diligence in providing the services which are included in this Agreement, in accordance with industry best practices and to the highest levels of safety and ethical standards.
11.2. The User must ensure that its key personnel conduct themselves at all times in a manner which promotes and supports the facilitation of services on the Website and services, and the goodwill and professionalism of ACN and not undertake or take part in any conduct of whatever nature which is defamatory or otherwise harmful to ACN or any of its directors, employees or officers.
11.3. The User has all necessary authority, approvals, licenses, power and capacity to enter into and perform this Agreement, and the User ensures that all necessary actions have been taken to enter into it properly and lawfully.
11.4. The performance of the Agreement by the User will not infringe any third party copyright, patents, trademark, trade name or other intellectual property rights registered or in effect anywhere in the world in such a way that it may give rise to an IPR Claim by such third party.
12. FORCE MAJEURE
12.1. Neither of the Parties to this Agreement will be responsible to any other Party for any delay in performance or non-performance of its obligations under this Agreement due to any cause beyond its reasonable control, but the affected Party will promptly upon the occurrence of any such cause so inform the other Party in writing, and thereafter such Party will use reasonable endeavours to comply with the terms of this Agreement as fully and as promptly as possible.
12.2. If performance of the Agreement is suspended under this term for more than thirty (30) consecutive days either Party may by notice in writing to the other terminate this Agreement and without the need to obtain a court order.
13. CONFIDENTIALITY
13.1. Each Party agrees to keep strictly confidential the existence and the terms of this Agreement and all confidential information relating to the other Party that it has obtained during the course of negotiating this Agreement or that it may obtain during the Term.
13.2. Each of the Parties agrees:
(a) not to use or disclose such Confidential Information except in order to comply with the express terms of this agreement or as otherwise agreed in writing with the disclosing Party;
(b) to procure that all persons or entities to whom they do disclose the Confidential Information for the purpose only of the performance of the terms of this Agreement keep it strictly confidential; and
(c) that any such persons, are in respect of such Confidential Information, bound by confidentiality obligations equivalent to the terms of this term, not to copy or reproduce any Confidential Information of the disclosing Party without the prior written consent of such Party.
13.3. The provisions of this term do not apply to:
(a) information that has come into the public another than by breach of this term; and
(b) information that is lawfully obtained from a third party without breach of this term.
13.4. Each Party may disclose Confidential Information if and to the extent that any part of the Confidential Information is required to be disclosed by a regulatory or government body or court of competent jurisdiction with power to impose the disclosure provided that, in such circumstances, the Party from whom information is required:
(a) gives the other Party prior written notice of such disclosure in a manner that permits such Party to seek a protective order or other acceptable form of relief;
(b) limits such disclosure to what is strictly required; and
(c) endeavors (insofar as is permissible) to preserve the confidentiality of any such Confidential Information that is disclosed.
14. ASSIGNMENT
14.1. The User may not assign or transfer any of its rights under this Agreement without the prior written consent of an authorised signatory of ACN.
14.2. The User acknowledges that its obligations under this Agreement are personal to it and that it cannot subcontract any of its obligations under this Agreement to a third party without first receiving prior written approval from ACN.
15. INSURANCE
15.1. The User is responsible for taking out and maintaining at its own expense during the Term a full and comprehensive insurance for itself, all its key personnel who will be engaged in the provision of services under this Agreement (including, without limitation, comprehensive health insurance, workman’s compensation and employer’s liability insurance) against the risks they face during the course of their duties in performing the services under this Agreement.
16. MISCELLANEOUS
16.1. The Parties are independent contractors. Neither Party's personnel are employees or agents of the other. Nothing in this Agreement will be construed as creating a joint venture, partnership or employment relationship nor will either Party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
16.2. If any provision of this Agreement is declared invalid under applicable law, the affected provision will be considered omitted or modified to conform to applicable law and all other provisions will remain in full force and effect.
16.3. This Agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which will constitute one and the same agreement. Each Party agrees that a signature affixed to a counterpart of this Agreement and delivered by facsimile by any person is intended to be its, his, or her signature and will be valid, binding and enforceable against such person.
16.4. This Agreement contains the entire understanding between User and ACN and replaces and supersedes any previous agreement between the Parties. If any translations of this Agreement are made, the English version will take precedence.
16.5. No failure or delay on the part of ACN in exercising any right, power or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy that is available under this Agreement. The rights and remedies provided in this Agreement are cumulative, and are not exclusive of any other rights, powers or remedies, now or hereafter existing, at law or in equity or otherwise.
16.6. Any notice under this Agreement will be sufficient only if in writing and in the English language and sent to ACN or User, as the case may be, by hand delivery or commercial courier to their registered addresses (or to such other address as they respectively will indicate by notice given in like manner), with confirmation copy sent to the email address of the CEO of the addressee the same day by commercial courier. Any notice given according to the above procedure will be deemed to have been given at the time of delivery (if delivered by hand) or on the date indicated on the acknowledgement of receipt (if sent by courier).
16.7. This Agreement will be governed by the laws in force in the emirate of Dubai, United Arab Emirates. Any dispute regarding this Agreement will be subject to the exclusive jurisdiction of the Courts of Dubai.
17. EXTERNAL SERVICE PROVIDER REFERRALS
17.1. ACN is acting as an introducer only, and shall be indemnified and held harmless (including without limitation their shareholders partners and employees or agents known or known in the future) from and against any losses, liabilities, claims, penalties, costs that may be incurred in connection with a dispute between the agency, the broker, the end user or the external service provider introduced via ACN.
18. NOTES
18.1. Country of domicile is United Arab Emirates, and the local law is the governing law
18.2. AED is the currency accepted for Visa/Mastercard payments
18.3. We do not trade with or provide services for OFAC or sanctioned countries
18.4. Minors or those under the age of 18 shall not register on the site, nor transact on or use the site.
18.5. Cardholder must retain a copy of transaction records and www.brokerconnector.com policies and rules
18.6. User is responsible for maintaining the confidentiality of their account.
18.7. Payment confirmation is by email by way of an official receipt, within 48 hours or payment.
18.8. There is a no refund and no cancellation policy. Unless otherwise agreed with the cardholder and clearly communicated with them via their contract with ACN.
19. PRIVACY POLICY
19.1. All credit/debit cards details and personally identifiable information will not be stored, sold, shared, rented or leased to any third party.
19.2. www.brokerconnector.com will not pass any debit/credit card details to a third party
19.3. www.brokerconnector.com takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, www.brokerconnector.com cannot guarantee the security of any information that is disclosed online
19.4. The www.brokerconnector.com is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information will apply. You should contact these entities directly if you have any questions about their use of information that they collect.
19.5. The websites terms and conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the customers are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
19.6. You may choose to provide your Personal Information to other users of the Website and, in this case, BrokerConnector is not liable for the manner in which that third party deals with your Confidential Information. BrokerConnector recommends that you clearly establish the way in which that third party can use your Confidential Information before you provide it to that third party.
19.7. Keeping your Personal Information secure and preventing unauthorized access is of utmost priority to BrokerConnector, BrokerConnector will take all steps reasonably necessary to protect your Personal Information against any unauthorised access, use, alteration, disclosure or destruction. Whilst BrokerConnector has put in place physical, electronic and managerial procedures to secure and safeguard your Personal Information, BrokerConnector will not be held responsible for any unauthorised access by third parties and BrokerConnector cannot guarantee that the Personal Information provided by you or that is transmitted via this Website or by e-mail is totally secure and safe.
20. PRICING
20.1. BrokerConnector services are charged by annual subscription, paid monthly, priced at 3,000 aed p/m (unless otherwise stated in a contract between ACN FZ LLC and the user). This entitles the user to unlimited use of all BrokerConnector services. These services include stock sourcing (sales/leasing , residential/commercial), off-plan stock sourcing, agent to agent deal sharing, and service provider referrals service.