TERMS & CONDITIONS

TERMS & CONDITIONS

Important Legal Information for using www.mygenie.ae

(Effective: 1 June 2024)

By accessing www.mygenie.ae or using the My Genie mobile app (collectively referred to as the “Website”), you acknowledge that you have read, understood, and agree to abide by these terms of use (“Terms”). If you do not agree to these Terms, you must not use the Website. When utilizing any part of the Service, you also agree to follow any applicable guidelines, which may be updated at our discretion.

These Terms constitute an agreement between S&S Holdings FZC (“we,” “us,” “our,” the “Company”) and you (“you,” the “User”). The Company is registered under Dubai Media City (Free zone) with its office located at Office 123, Tower C, and manages various websites including the Website www.mygenie.ae. The company may from time to time provide additional services such as vehicles/properties/products inspections, evaluations, and photography in the UAE mainland.

If you are a business advertising on our Website, you will need to enter into a separate Advertising Agreement. However, these Terms will still apply and should be read in conjunction with any other agreements with the Company.

• Definitions

The following terms, when capitalized, have the meanings provided below unless the context requires otherwise:

• “Advertising Agreement”: A contract between the Company and a Client for advertising services or products.

• “Ad Services Package”: The set of advertising products or services the Company agrees to provide, as detailed in the order form signed by the Client.

• “Affiliates”: Any company controlled or owned by S&S Holdings FZC, or any company that jointly offers the Service with S&S Holdings FZC.

• “Client”: The entity that enters into the Advertising Agreement with the Company.

• “Customer”: Any customer of the Client.
• “Company”: S&S Holdings FZC, the owner of mygenie.ae.

• “Effective Date”: The date specified at the beginning of these Terms.

• “Intellectual Property Rights”: All intellectual property rights, including patents, trademarks, copyrights, and similar rights, whether registered or not, and all applications for such rights.

• “Material”: Content published on the Website or provided by the Company in connection with the Service.

• “Posting Agents”: Third-party agents or intermediaries that post Material on behalf of others.

• “Privacy Policy”: The Company’s privacy policy, as updated from time to time.

• “Product”: The online classifieds advertising platform and the Ad Services Package provided on the Website.

• “Registration Details”: Information a User must provide when registering on the Website, such as name, phone number, email address, age, and address.

• “Service”: The provision of the Website and the Product.

• “Unacceptable”: Material or information on the Website that may be illegal, offensive, misleading, harmful, or otherwise inappropriate, including anything that infringes third-party rights or harms the Company’s reputation.

• “User Material”: Content provided by Users.

• General Terms and Conditions for Users

1. When registering on this Website, users must provide accurate and up-to-date information and must update this information as necessary before using the Website for future services.

2. Users acknowledge that the Website may feature advertisements from businesses, for which the Company is not responsible. Advertisers must include their full names in their ads and indicate that they are selling goods or services in a business capacity.

3. Users confirm that they are at least eighteen years old and legally able to enter into contracts.

4. The Company has the right to remove any content or user submissions from the Website without notice and may reject any user-submitted material.

5. User registration details and data usage will be recorded by the Company but will not be disclosed to third parties except in aggregate, anonymous forms, or as outlined in the Privacy Policy. The Company may verify the authenticity of the provided details via phone call, which may be recorded for quality assurance.

6. The Company may use user-submitted information for marketing and informing users about special offers. The Company may disclose user data if required by law or requested by law enforcement.

7. If users do not want their information used as described, they should leave the Website before submitting personal details.

8. To opt out of receiving emails or SMS messages related to the Website, users should email contact@mygenie.ae with “unsubscribe” in the subject line.

9. Users must keep their login details confidential and must not share them with third parties.

10. The Company may suspend or terminate a user’s account if it believes the user has violated these terms. In such cases, the Company will notify the user via email, and the user must not attempt to re-register on the Website. This right is in addition to any other legal remedies the Company may have.

11. The Company provides a service and does not sell goods.

12. S&S Holdings FZC owns all intellectual property related to the Website and Service, including trademarks and content. Users may print or download material for personal use but must not modify or use it without permission. Any reproduction or redistribution of the Website’s content is prohibited.

13. The Company takes intellectual property rights infringement and fraud seriously. Users should report any issues immediately, and the Company will inform the appropriate authorities.

14. If you believe your intellectual property rights have been infringed, you can notify the Company with a request to remove the infringing material. The notification must include:

1. A signature of the authorized representative.
2. Identification of the infringed intellectual property.
3. Details of the infringing material and how to locate it.
4. Contact information.
5. A statement of good faith belief in the unauthorized use of the material.
6. A statement holding the Company harmless from third-party claims.
7. A declaration of the notification’s accuracy and your authorization to act on behalf of the intellectual property owner.

15. Notifications should be sent to legal@mygenie.ae.

16. Users are encouraged to send feedback regarding other users’ performance and integrity.

17. Users must not:

1. Use the Website or Service unlawfully or maliciously.
2. Transmit material that damages or disrupts the Website or Service.
3. Use automated tools to misuse the Company’s flagging system.
4. Use automated software to access the Service without consent.
5. Use the Service for anything other than personal use.
6. Copy or reverse engineer any part of the Service without consent.
7. Use the Service in a way that harms the Company.
8. Breach any Website policies.
9. Remove or alter copyright notices on the Website.
10. Post unacceptable content.
11. Interfere with other user’s enjoyment of the Website.
12. Behave offensively or abusively on the Website.
13. Contact users who do not wish to be contacted.
14. Harass anyone.
15. Collect personal data from other users for commercial purposes.
16. Submit content that:
    1. Harasses or is hateful.
    2. Includes personal information without consent.

• Impersonates others.

1. Infringes intellectual property rights.
2. Constitutes pyramid schemes, spam, or unauthorized advertisements.
3. Contains unauthorized commercial links.

18. By submitting content, users grant the Company a non-exclusive, perpetual license to use, modify, and distribute their content. The Company reserves the right to remove or edit user content at any time.

19. The Company allows users to post content as long as it is not illegal, misleading, or otherwise objectionable. Users must not post unacceptable material.

20. Users are granted a limited license to use the Service for personal purposes. Unauthorized use terminates this license. Users must obtain a license for any commercial use of the Service.

21. The Company offers a “Featured Ads” service for a fee, which may involve third-party providers for processing payments. The Company disclaims liability for the safety of information transmitted through third-party sites.

22. Third-party providers may handle credit card payments and may access necessary personal information but will not use it for other purposes. The Company does not store users’ payment information.

• Paid Listings

1. The Company may require a fee to post content in specific sections of the website (“Paid Content”). This fee allows the Paid Content to be displayed in a designated area of the Website. Parties who post Paid Content are responsible for their content and must adhere to these terms. Fees paid for such postings are non-refundable if the content is removed for violating these terms. Additional conditions related to Paid Content will be detailed in the relevant sections.

2. Multiple products/Services (unless offered as one single package) posted in one listing will be removed without a refund. Users can edit the ad within the first 24 hours to comply with the single-item requirement. If the ad is not modified to meet the Company’s standards, it will be deleted after 24 hours of posting, and no refund will be issued.

• Listing Agents

The use of Listing Agents is prohibited without the explicit written consent of the Company. Listing Agents are not allowed to post content on behalf of others or access the Service to post on behalf of others without express written permission or a license from the Company.

• Anti-Spam Policy

1. Sending unsolicited email advertisements or other unsolicited communications to the Company’s addresses or through the Company’s computer systems is strictly prohibited by these Terms. The Company may monitor email usage with human or automated systems to detect words associated with spam or scams in emails sent between Users through the Company’s email system. All communication between Users via the Service and the Website must comply with these Terms.

2. Unauthorized use of the Company’s computer systems violates these Terms and relevant laws, including UAE cybercrimes legislation, which may result in civil and criminal penalties. The UAE cybercrime legislation imposes severe penalties, including imprisonment. If you obtain email addresses or phone numbers from our Website to solicit or contact our Users, we may report this behavior to the appropriate authorities, who may then prosecute you under relevant UAE laws.

• Limitation of Liability

1. General Limitations

The Company is not responsible for:

1. Any consequential, indirect, special losses, or exemplary damages (even if the potential for such losses or damages was known to the Company).
2. Losses including but not limited to:

• Profit
• Business

1. Revenue
2. Data integrity or loss
3. Use

• Production
• Contracts
• Opportunities

1. Actual or anticipated savings, discounts, or rebates

• Reputation or goodwill
• Anticipated savings

These limitations apply to both direct and indirect losses, no matter how they arise, in connection with these terms or any third-party liability faced by the user.

2. Third-Party Services and Products

These limitations also cover damages related to other services or products obtained through, advertised on, or linked to the Website or Service, as well as any information, opinions, or advice found on or linked to the Website or Service.

3. Extent of Limitations

These limitations apply to the maximum extent allowed by law. The user acknowledges that the Company is not liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party, and the user assumes all risk for such harm or damage.

4. Virus Exclusion

While the Company strives to keep the Website virus-free, it cannot guarantee this and accepts no liability for any viruses. Users should take necessary precautions before accessing or downloading any material from the Website.

5. User-uploaded Content

The Website may contain content uploaded by other users, which has not been verified or approved by the Company. The Company is not liable for any unacceptable material. Users may encounter inaccurate, offensive, indecent, objectionable, defamatory, or libelous content and, to the fullest extent permitted by law, waive any legal or equitable rights against the Company regarding such content.

6. Service Availability

The Company does not guarantee continuous, uninterrupted, or secure access to the Website, and it may be affected by factors beyond the Company’s control. The Company may suspend, withdraw, or restrict the Website’s availability for business and operational reasons and is not liable for any service interruptions. Users are advised to back up their content and data.

7. Third-Party Software and Services

The Company is not liable for any issues arising from the failure or interruption of third-party software or services.

8. External Links

The Company is not responsible for the consequences of users linking to other websites and has not approved the content or information on these linked sites.

9. Information Accuracy

The Company does not warrant the accuracy, completeness, or currency of the information on the Website and has no liability for any use of this information. The Website and Service are provided “as is” and “as available” without any express or implied warranties.

10. User Responsibility

The Website and its materials are not tailored to individual user needs. Users must ensure that the Website, Service, and materials meet their requirements before making any decisions. Users assume all risk for decisions made based on Website information, and the Company is not liable for such decisions.

11. Non-Excludable Liability

None of these limitations apply to liability for death or personal injury caused by the Company’s negligence or that of its agents.

12. Jurisdictional Use

The Website is operated from facilities in Dubai, UAE. The Company does not guarantee the Website’s appropriateness for other locations. Users accessing the Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

• Indemnity

The User agrees to protect, compensate, and hold harmless the Company and its respective officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees from all claims, damages, losses (direct, indirect, or consequential), liabilities, costs, debts, and expenses (including attorneys’ fees) arising from (a) the User’s misuse or inability to use the Website or the Service; (b) the User’s breach of any part of these Terms; and/or (c) the User’s violation of any third party’s rights, including copyrights, trademarks, trade secrets, or privacy rights. This defense and indemnification obligation will continue to be in effect even after the termination, modification, or expiration of these Terms and the User’s use of the Website and the Service, to the extent permitted by law.

• Categories of Property for Sale and Rent

If you are listing a property on this website, you must adhere to the following responsibilities:

1. Brokers
   1. You must hold a valid license from the Real Estate Regulatory Authority (RERA) or its equivalent in the relevant Emirate.
   2. For off-plan projects (under construction), you must ensure the project is registered with RERA.
   3. If involved in subleasing, you need a license for “Leasing and Management of Other People’s Property” from both the Dubai Department of Economic Development (DED) and RERA.
   4. For short-term or holiday home leasing, you must have a license from Dubai Tourism and Commerce Marketing (DTCM).
   5. RERA regulations require you to obtain approval for each sale or lease advertisement (whether in Dubai or elsewhere) and include the RERA Permit Number, Office Registration Number, and Broker Registration Number in all advertisements.

2. Developers
   1. You must hold a valid license from RERA or its equivalent in the relevant Emirate.
   2. For off-plan projects, ensure they are registered with RERA and have a RERA-approved Escrow Account.
   3. RERA regulations require you to get approval for each property advertisement (whether in Dubai or elsewhere) and include the RERA Permit Number in all advertisements.

3. Owners and Landlords
   1. You must be the property owner or landlord or have valid authorization to list the property on the website.
   2. For short-term or holiday home leasing, you must have a license from Dubai Tourism and Commerce Marketing (DTCM).

4. Tenants

You must have valid, written consent from your landlord to advertise on the website, ensuring you are legally allowed to publish the advertisement.

5. All Advertisers
   1. Only properties currently available for sale or lease can be advertised. The website reserves the right to remove listings at its discretion (advertising fees will not be refunded).
   2. Your advertisement must not include illegal content or misuse of the property, including:
   3. Defamatory, misleading, or deceptive statements.
   4. Sharing a property beyond legal occupancy limits (e.g., bachelor accommodations or multi-family use).
   5. Sharing a property among unrelated members of the opposite sex.
   6. Any unlawful property sharing.
   7. Any content promoting illegal or immoral activities under UAE law.
   8. When listing a property on the website, you must understand that:
   9. The website’s advertisements include properties for sale or rent provided by third-party brokers, landlords, owners, or developers.
   10. The website is not a real estate brokerage and does not verify the details provided by third parties, thus making no warranties about their accuracy or completeness.
   11. Users must perform their own due diligence and should not rely solely on the advertisement details.
   12. The website verifies the RERA license number of all property broker companies before allowing them to advertise.

• Vehicles Category

In the Vehicles Category of the website, users must adhere to the following conditions:

1. Vehicles must be located within the UAE unless ownership can be proven upon request.

2. Vehicles must be available for immediate sale.

3. Vehicles must be accurately described in the category they are listed under.

4. Users must be the rightful owner of the vehicle or possess the legal rights to sell it.

5. The listing must include true and accurate pricing information for the vehicle.

Proof of ownership and the UAE location of the vehicle may be requested by the website administrators. Failure to provide this proof within 24 hours of the request may result in the immediate removal of the advertisement or content, without any refund.

• Recording Calls by Real Estate Brokers

Certain real estate brokers licensed by RERA (Brokers) who advertise on our platform utilize a service where each property listing is assigned a unique phone number, and calls are automatically recorded for quality assurance and training purposes. By utilizing our services, you explicitly consent to the recording of your phone calls when contacting a Broker regarding property listings on the platform’s Property section. You acknowledge that no additional warning or consent is necessary.

• Advertisement Services Package

If you are a Client, Customer, or any of their affiliated individuals, including officers, directors, employees, agents, contractors, sub-contractors, or representatives, the following supplementary terms are applicable:

1. The Company reserves the right to publish on the platform any information provided by the Client. The Client acknowledges that such publication does not constitute a breach of confidentiality.

2. Operational adjustments to the Advertisement Services Package and its individual components may be made by the Company at any time. Reasonable efforts will be made to notify Clients of significant changes through messages on the platform or direct communication.

3. The Company’s liability for providing the Advertisement Services Package to the Client, regardless of the cause of action or losses incurred, shall not exceed AED 5,000, except as provided in Clause F.11.

• General

1. Except as stated in Clause E.2, these Terms, the Privacy Policy, and any other explicitly referenced document, constitute the entire agreement between you and the Company. Neither party has relied on representations made by the other party unless expressly included in these Terms. This provision does not exempt either party from liability for fraudulent misrepresentations. Neither party is entitled to remedies for negligent nor innocent misrepresentations, except as determined by a court or arbitrator.

2. The Company reserves the right to modify its terms of business. Users should verify the Effective Date at the top of the Terms before future platform use. Users must accept new terms and conditions to continue using the platform; otherwise, they should discontinue use immediately.

3. If any provision of these Terms is deemed void, the remaining provisions shall remain valid.

4. The Company may assign or subcontract its rights and obligations under these Terms with prior written consent from the User.

5. Notices under these Terms may be served personally or via email to the addressee’s last known email address. Users are responsible for promptly updating their contact information with the Company.

6. The Company is not liable for losses resulting from delays or failures in performance due to circumstances beyond its control.

7. The Company’s delay in enforcing any provision of these Terms does not waive its right to enforce that provision in the future.

8. Headings in these Terms are for convenience only and do not have legal significance.

9. These Terms are governed by and construed by Dubai Media City law, with exclusive jurisdiction granted to the Dubai Courts. The Company retains the right to enforce its Intellectual Property Rights in any relevant jurisdiction.

10. Both parties’ successors benefit from and are bound by these Terms.

11. In case of any discrepancy between the English text and translations, the English version prevails.

12. All website design, text, graphics, and their arrangement are Copyright ©2020, www.mygenie.ae, ALL RIGHTS RESERVED.

13. “Mygenie” is a trademark of S&S Holdings FZC or its subsidiaries and may be registered in certain jurisdictions.