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General Terms and Conditions

Date of Last Revision: Aug 1, 2016

Akaryana.com is owned and operated by Global Developments LLC, a limited liability company registered in the State of Delaware, USA. By using akaryana.com's websites (mobile, Web or otherwise), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use"). "We", "Our", "Us" refers to "akaryana.com" and its subsidiaries, employees, officers, agents, affiliates or assigned parties. "Our web site" refers to akaryana.com

  1. Terms
  2. By accessing our Services, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Services. The materials provided by our Services are protected by applicable copyright and trademark law.

  3. Permissible use license & restrictions
  4. Permission is granted to temporarily use the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. reproduce, modify, distribute or copy the Services;
    2. use the Services for any commercial purpose, or for any public display (commercial or non-commercial);
    3. create derivative works from, decompile, disassemble or reverse engineer any portion of the Services;
    4. remove any copyright or other proprietary notations from the Services; or
    5. transfer the Services to another person or "mirror" the Services on any other server.

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by akaryana.com at any time.

    You agree not to use the Services in any way that is unlawful, or harms akaryana.com, its service providers, suppliers or any other user.

    You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Websites or otherwise.  Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

  5. Automated Queries
  6. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from akaryana.com. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.

  7. Calls
  8. If you, as a consumer, choose to contact a Real Estate developer or lender through the Services by filling out a contact or other request form on the Services, you authorize akaryana.com to provide your name and contact information and other identifying information you provide to the Real Estate Developer or Lender. Further, if you elect to request pre-approval from a Lender  in connection with your contact with a real estate developer, you authorize akaryana.com to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate developer or Lender at the telephone number(s) you provide. The Services may provide phone numbers that can connect you with akaryana.com, its service providers, or other third parties, such as real estate developers and Lenders. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to akaryana.com or through a Calling Service, you consent to such recording and monitoring. akaryana.com will treat recorded calls in accordance with its Privacy Policy.

  9. The role of akaryana.com and your responsibilities
  10. We are not an estate agency and we provide a service whereby Property Developers may market and you may view real estate projects and property details ('Details') together with other content hosted and developed by us. Property developers are responsible for preparing the Details and fielding enquiries directly from you. Details are hosted by us in good faith but are produced directly by Property Developers and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details. You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details. You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase. You are responsible for ensuring that you act in good faith towards any other parties.

  11. Limitations
  12. In no event shall akaryana.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Services on akaryana.com's Internet site, even if akaryana.com or a akaryana.com authorized representative has been notified orally or in writing of the possibility of such damage.

  13. Revisions and errata
  14. The materials appearing on akaryana.com's web site could include technical, typographical, or photographic errors. Akaryana.com does not warrant that any of the materials on its web site are accurate, complete, or current. Akaryana.com may make changes to the materials contained on its website at any time without notice.

  15. Availability of website
  16. We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.

  17. Links & third parties
  18. Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

  19. Other
  20. By using the Services, you grant us an irrevocable, perpetual, world-wide, royalty free license to a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. akaryana.com may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant akaryana.com the rights in this paragraph, that akaryana.com's use of the Submission will not infringe any third party rights. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. You may not share your user account(s) with others. You are responsible for all actions taken via your account. Akaryana.com will treat your use of the Services in accordance with its Privacy Policy.

  21. Site terms of use modifications
  22. akaryana.com reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to akaryana.com's properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Akaryana.com may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

  23. Disclaimer
  24. The materials on akaryana.com's web site are provided "as is". akaryana.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, akaryana.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

  25. Choice of Law; Disputes
  26. These Terms of Use are governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue of  Delaware Court of Chancery, USA for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

  27. Indemnification
  28. You agree to defend and hold akaryana.com, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.

  29. Release

    You release akaryana.com, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Terms and Conditions for Advertisers

The below terms and conditions, in addition to the General Terms and Conditions above, apply to individuals and entities that wish to use our Services to advertise their Properties to our users.

  1. Definitions
    1. Akaryana, We, Our, Us refers to Global Developments LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
    2. Platforms refers to akaryana.com website or its subdomains, mobile apps and accounts on other platforms such as social media and third party apps.
    3. "You", "Your" or "the Client" refers to you as the user of our services (the “Service”)
    4. The Content: Any type of information, data, communication, pictures, photo renderings, videos, digital brochures, animations, prices uploaded or entered by you, sent to you by users of our Platforms or sent by you to us to be used in providing You with the Service.
    5. Properties: Real Estate that is under construction or ready but is offered for sale for the first time.
    6. The Service: We provide several services to the Real Estate industry. These services can vary in scope depending on each market we operate in. They can encompass any or all of the below and we may add other services as our business expands:
      1. Access to our Platforms to list and manage your properties
      2. Online and offline advertising services for real estate properties.
      3. Printing and distribution of marketing material.
      4. Digital design services.
      5. Providing software solutions for the real estate industry.

    The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service.

  2. Your Obligations
    1. You acknowledge that:

      1. You are acting under authority of the legal owners of the properties or the service agents assigned by the legal owners to market and sell the properties.
      2. You need to have exclusive representation in case you represent a real estate agent that is assigned by the owners of the properties to market and sell their properties.
      3. You are authorized to make available the Content on our Platforms.
      4. The Content is legal in the relevant jurisdictions.
      5. We reserve the right to ask for proof of your representations.
      6. We reserve the right to audit the Content accuracy and conformity with our standards or with legal requirements.
      7. We reserve the right to modify the Content so that it suits our Platforms's technical requirements or appearance.
      8. Your Content may require our approval before being published.
      9. We reserve the right to refuse any Content without the need to justify our decision.
      10. We may modify the appearance or functionalities of our platforms at any time without prior notice.
      11. We reserve the right to change our advertising or subscription fees and methods without prior notice. You will be entitled for a refund for the unused funds if you decide to cancel your subscription following the change.
      12. By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any Content you generate or submit to make use of the Service.
      13. By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any Content you receive from users of our Platform while interacting with your Content such as names, emails and phone numbers.
      14. We may capture, store and record any form of communication between you and others while using our Service.
      15. We are not under any obligation to monitor or censor the Content generated by users of the Service that appears on our website, however we reserve the right to do so.
      16. We are not responsible for the Service's content or for any errors or omissions in any property data provided by or on behalf of you.
      17. Systems or technological failure may impede or prevent access to all or any part of the property data.
      18. You are responsible for the security and integrity of your data.
      19. Transmission of data over the Internet can be subject to errors and delays.
      20. You have read and agree to be bound by the terms of all legal notices posted on the Site.
      21. We reserve the right to accept or reject your application for registering to use our Service.
      22. We will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via phone, email, SMS, and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
    2. You must:

      1. Only advertise properties that you are legally authorized to market and sell as per the laws and regulations in the corresponding legal jurisdictions.
      2. Ensure that your Content is not unlawful or for an improper purpose, including Content that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
      3. Ensure that your Content is accurate and is a true representation in the best possible manner of the Properties you are listing.
      4. Ensure that no other person, authorized or otherwise, makes use of your subscription to the Service in breach of these terms and conditions; and
      5. Not make any promotional or merchandising reference to us or our website without our express written permission.
      6. Ensure you have the approval of third parties before sharing their private documents to avail any of our products
      7. Promptly fix any errors found in the Content.
      8. Regularly update the Content as per our guidelines.
      9. Ensure that you do not make, arrange or authorize the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
      10. Abide by any applicable rules and regulations  related to electronic truncations and commerce;
      11. Comply with any guidelines and codes issued by the relevant authorities concerned with real estate;
      12. In your use of the Service, comply with all applicable laws;

  3. Suspension and Termination of Services
  4. Without limiting our other rights, we may immediately suspend the Service and/or temporarily remove details of any Property uploaded by you to our Platforms and/or terminate this Agreement if:

    1. You fail to pay any fees or charges due to us by the due date.
    2. You breach any part of this Agreement and fail to promptly rectify that breach.
    3. Any material supplied by you is false or misleading.
    4. Content has not been updated according to our guidelines.
    5. Content quality is not according to our requirements.
    6. You, the parties you represent or the owners of the properties enters into bankruptcy, liquidation, administration, receivership, a composition of arrangement with creditors, or appoint a receiver or manager over all or any part of the assets or become or are deemed to become insolvent; or
    7. You die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
    8. You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.

  5. Refund Policy
    1. Some or all of the Content posted on our platforms can be paid content.
    2. The originator of the paid content has the right to a refund under the following circumstances:
      1. If a duplicate transaction is received for any paid content on the site. In this case, the duplicate portion of the payment will be refunded.
      2. In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.
      3. If We change our advertising methods or rates and you decide to cancel your subscription, any amounts paid but not used or not needed to settle outstanding bills or unbilled but delivered services, are subject for refund after deducting the necessary fees such as credit card or transfer fees.
    3. Any cheque issued by the Client that "bounces" for insufficient funds or is rejected by the relevant financial institution for any other reason will incur a USD300 administration fee for each offence payable by the Client to Global Developments LLC.

  6. Limitation of Liability & Indemnity
    1. To the extent allowable under laws applicable in the relevant jurisdictions we:

      1. exclude all conditions and warranties implied into the Agreement;
      2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits)
    2. We will not be liable under this Agreement to the extent that liability is caused by:

      1. any breach of your obligations under this agreement; or
      2. any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
    3. You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any Content generated by you in connection with the Service.

  7. General
    1. We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions on our website constitutes written notice to you of such changes.
    2. No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
    3. Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address.
    4. You must not assign the Agreement without our written consent.
    5. The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
    6. If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.