ClickCease Great Dubai

Terms of Use

Effective Date: 23 March 2022

By using http://www.GreatDubai.com or the Great Dubai mobile application of the online platform (collectively, the “Website”), you confirm that you have read, understood, and accept these terms of use (“Terms”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.

These Terms are made between Great Dubai (“we” “us” “our”, the “Company”, as applicable) and you (“you” or the “User”). The Company is part of the EMPG Group which operates various websites and the Website. The EMPG Group also offers services other than the Service, such as car inspections, car evaluations, and photography services. UAE mainland services such as car inspections, evaluations, and car brokering services are also carried out by Great Dubai Motors LLC.

If you are a company advertising on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.

Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:

  • Advertising Agreement – an agreement for the provision of advertising services or products entered into between the Company and the Client.
  • Ad Services Package – the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
  • Affiliates – any company that is controlled or owned by Great Dubai, any company commonly controlled or owned by Great Dubai and any EMPG Group entity jointly offering the Service.
  • Bayut – Bayut Web Publishing FZ-LLC which is the owner of www.bayut.com.
  • Client – the client entity that is party to the Advertising Agreement.
  • Customer – any customer of the Client.
  • Great Dubai - Great Dubai Middle East FZ-LLC which is the owner of www.GreatDubai.com.
  • Effective Date – the date set out at the top of these Terms.
  • EMPG Group – the Emerging Markets Property Group (EMPG) of companies, including, without limitation, Bayut, Great Dubai, and any of their Affiliates.
  • Intellectual Property Rights: all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
  • Material: material and content published on the Website or otherwise provided by the Company in connection with the Service.
  • Posting Agents: a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
  • Privacy Policy: the privacy policy of the Company from time to time.
  • Product: an online classifieds advertising platform provided on the Website and the Ad Services Package.
  • Registration Details: the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
  • Service: the provision of the Website and the Product.
  • Unacceptable: any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
    • illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
    • in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
    • in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
    • harmful to the Company’s reputation.
  • User Material: material and content posted on the Website by a User or otherwise provided to the EMPG Group by a User in connection with the Website or the Service.

General Terms and Conditions

Registration and User Details

In registering for this Website, the User must provide true, accurate, current, and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.

Advertisements

The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial, or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size, or place of the advertisement or by including words such as “trade,” “dealer,” “agent,” “wholesale,” or similar in the name of the advert they submit for publication.

User Age and Contractual Capacity

The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.

Company's Discretion and Data Privacy

The Company reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to the Company by a User. The User’s Registration Details and data relating to its use of the Website will be recorded by the Company, but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.6 below) nor used for any purpose unrelated to the Website. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.

Use of User Information

The User hereby authorises the Company to use any information which it submits to the Website to inform the User of special offers, occasional third-party offers, and for other marketing and related purposes. Without prejudice to Clause 2.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law or at the request of a law enforcement agency or governmental authority. If the User does not wish the Company to use its information as set out in Clause 2.6 above, it should leave the Website before submitting its personal details. If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to legal@GreatDubai.com with "unsubscribe" as the subject heading of such a message.

User Account Suspension or Termination

You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party. The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email, and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.

Featured Ads

The Company offers a service known as “Featured Ads” where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ad's visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third-party service provider, Click & Buy, a third-party website, that may be governed by its own terms of use and other policies. The Company makes no representation or guarantee as to the safety or security of the information transmitted to any third-party website, and your linking to any third-party website is completely at your own risk, and the Company disclaims all liability related thereto.

Credit Card Payment Processing

The Company may employ a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed to perform their functions but may not use it for any other purpose. The Company does not have access to or retain any user’s payment information.

Paid Postings

The Company may charge a fee to post Material in some specific areas of the Service (“Paid Material”). The fee permits Paid Material to be posted in a designated area of the Website. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).

Job Ads and Refund Policy

All job ads that announce several positions in one ad will be deleted after 24 hours of their posting and no refund will be given. Within the first 24 hours of the posting, the user can edit the multiple-position ad to reduce it to one position. If the ad does not get edited to fulfill the Company’s requirements, the ad will be deleted, and no refund given.

Posting Agents

The Company prohibits the use of Posting Agents, directly or indirectly, without the express written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service to post Material on behalf of others, except with express written permission or license from the Company.

No Spam Policy

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. The Company may monitor email usage to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s email system. Any unauthorized use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Developers

- You warrant that you possess a valid license from RERA, or its equivalent in the Emirate in which you are advertising.
- If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project.
- As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.

Owners and Landlords

- You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorization to list the property on the Website.
- If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).

Tenants

- You warrant that you possess valid, written consent from your Landlord before advertising on the Website, and that you are legally entitled to publish such advertisement.

All Advertisers

- You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded).
- You warrant that the advertisement does not contain unlawful language or use of the premises, including defamatory, misleading or deceptive statements, sharing of a property that exceeds lawful occupancy limits, sharing of a property between unrelated members of the opposite sex, sharing of a property in any way that is deemed unlawful, and any other language that promotes illegal or immoral activities under the law of the UAE.
- If you are listing a property on any of the Website, your obligations are as follows:
- The Company’s advertisements include real properties for sale or rent. The Company is not a real estate brokerage and the details of the properties available on the Website are provided to us by third party brokers, landlords, owners, or developers;
- The Company does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness;
- You, the User of the Website, must conduct your own due diligence and must not rely on the details in the advertisements; and
- The Company does verify the RERA license number of all property broker companies prior to allowing them to advertise on the Website.

Motors Category

- As a User of the Website, you must not offer for sale any type of car, motor vehicle, or motorcycle (“Vehicle”) that is:
- located outside of the UAE unless you can prove ownership of the Vehicle upon request;
- not immediately for sale;
- not accurately described by the category in which it is advertised;
- that you are not the owner of, or in all other cases, which you do not have the rights to sell; or
- without true and accurate pricing of the Vehicle displayed within the listing.
- We may request that you provide proof of ownership, and that the Vehicle is located in the UAE or has been cleared by UAE customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement/content without further notice, and no refund will be made.

Call Recording for Real Estate Brokers

- Some of the RERA licensed real estate brokers (Brokers) that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Services, you expressly agree to having your phone call recorded when you call a Broker in relation to advertisements in the Property category of the Website, and you agree that no further warning or consent is required.

AD SERVICES PACKAGE

If you are a Client, Customer or any of their officers, directors, employees, agents, contractors, sub-contractors or representatives, the following additional terms also apply to you:

- The Company may publish on the Website any information supplied or made available to the Company by or on behalf of the Client. The Client acknowledges and agrees that the Company shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.
- The Company may make operational changes to the Ad Services Package and individual products thereunder at any time. The Company will use reasonable endeavors to provide notification of material changes by posting a message on the Website or by informing the Client.
- Subject to Clause 6.11, in no event shall the Company’s liability with respect to the provision of the Ad Services Package to the Client, regardless of the cause of action and losses suffered by the Client, exceed AED 20,000.

GENERAL

- Subject to Clause ‎5.2, these Terms, the Privacy Policy, and any other expressly incorporated document constitute the entire agreement between you and the Company, and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause ‎12.1 shall relieve either party of liability for fraudulent misrepresentations, and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
- The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes, you should immediately discontinue your access to the Website and your use of the Service.
- If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
- The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.
- Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
- The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
- Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
- These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and./or the Website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.
- These Terms shall inure to the benefit of and be binding upon each party's successors.
- If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.
- All website design, text, graphics, the selection and arrangement thereof are Copyright ©2020, Great Dubai.com, ALL RIGHTS RESERVED.
- Great Dubai is a trademark of Great Dubai Ltd or its subsidiaries and may be registered in certain parts of the world.

TERMS AND CONDITIONS – Great Dubai PREMIUM

- Great Dubai Middle East FZ-LLC (“Great Dubai”) owns and operates the online classified advertisements platform on the website www.Great Dubai.com and the mobile application of the platform (collectively, the “Website”).

DEFINITIONS

- The following capitalized terms shall have the following meaning, except where the context otherwise requires:
- “AED” means UAE dirhams.
- “Applicable Law” means any law, proclamation, decree, ministerial decision, statute, statutory instrument, order, regulation, resolution, notice, legal precedent, by-law, directive, treaty, or other instrument or requirement having the force of law within the UAE and issued, declared, passed, or given effect in any manner by any government authority.
- “Buyer” means a buyer of a Device.
- “Device” means a mobile phone, tablet, or other electronic device.
- “Intellectual Property Rights” means all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licenses and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
- “List Price” means the price at which a Device is listed for purchase on the Website.
- “Parties” means Great Dubai and the Users, and each shall be referred to as a “Party”.
- “Personnel” means a Party’s officers, directors, employees, agents, contractors, sub-contractors, and representatives.
- “Registration Details” means the details a Seller must provide upon registering for the Services and the Website from time to time (for example: name, phone numbers, email address, age, address, and/or tax status) and any documentation as may be requested by Great Dubai from time to time.
- “Seller” means a seller of a Device.
- “Seller Offer” means an offer submitted by a Seller to Great Dubai to sell a Device through the Services.
- “Services” means the services provided by Great Dubai, pursuant to which Users can sell and buy Devices through the Website.
- “Terms and Conditions” means these terms and conditions with respect to the Services, as may be amended by Great Dubai from time to time.
- “UAE” means the United Arab Emirates.
- “Unacceptable” means:
-- illegal, illicit, indecent, obscene, racist, offensive, pornographic, pedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libelous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
-- in breach of any applicable regulations, standards, or codes of practice (notwithstanding that compliance may not be compulsory);
-- in contravention of legislation, including without limitation, that relating to weapons, animals, or alcohol; or
-- harmful to Great Dubai’s reputation.
- “Users” means Sellers and Buyers, and each shall be referred to as a “User”.
- “VAT” means value-added-tax.
- “Website Terms of Use” means the Website user terms and all other Great Dubai policies listed on the Website, as amended by Great Dubai from time to time, which can be found at the following link: https://uae.Great Dubai.com/terms/.

GENERAL TERMS

- These Terms and Conditions shall be applicable with respect to the Services, and Users agree to fully comply with them by using the Services.
- Great Dubai may revise, amend, discontinue or make any other changes to the Services at any time. Great Dubai will use reasonable endeavors to provide notification of material changes by posting a message on the Website or by informing Users.
- Users warrant and represent that all information supplied or made available to Great Dubai by or on behalf of Users is true, accurate and not misleading or deceptive. Great Dubai has the right, but not the obligation, to remove from the Website without notice any content supplied by or information relating to Users whenever Great Dubai deems such action necessary in its absolute discretion.
- Users shall, when using the Services:
-- ensure that Users and their respective Personnel comply with the Website Terms of Use and Applicable Law; and
-- obtain all necessary rights, licenses, and consents from regulatory authorities and other third parties.
- Users shall ensure that their respective Personnel comply with all security procedures relevant to the use of the Services and interacting with Great Dubai. Users shall inform Great Dubai immediately if relevant security credentials are compromised in any way. Users shall indemnify (and keep indemnified) Great Dubai for any loss to Great Dubai resulting from the disclosure of any security credentials to a third party and/or failure by Users to keep any security credentials secure, whether such disclosure or failure was committed by an employee of such Users or otherwise.
- Users hereby consent to the monitoring and recording by Great Dubai (or any of its suppliers) at any time of any communications, information, or data exchanged between the Parties or suppliers of the Parties and in connection with these Terms and Conditions, use of the Services, and the Website (whether this is through the use of call tracking software or otherwise).
- Great Dubai will not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions by reasons, events, or other matters beyond Great Dubai’s reasonable control, including but not limited to the collection and the delivery of Devices.
- No failure or delay by either Party to enforce, or exercise, or any partial, single, or defective exercise of enforcement, of any right, remedy, power, or privilege given to that Party pursuant to these Terms and Conditions shall constitute a waiver or partial waiver of any right, remedy, power, or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power, or privilege at any subsequent time. Any waiver of any right, remedy, power, or privilege will be effective only if made in writing.
- Great Dubai is entitled to assign or subcontract any or all of its rights and obligations under these Terms and Conditions. A User shall not assign or otherwise transfer its rights, interests, or obligations under these Terms and Conditions to any third party without the prior written consent of Great Dubai.
- Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or joint venture between the Parties.
- Nothing in these Terms and Conditions shall confer, nor be intended to confer, any right or benefit on any third party.
- If any term of these Terms and Conditions is found to be illegal, void, invalid, or unenforceable under the laws of any jurisdiction this will not affect the legality, validity, and enforceability of the remainder of these Terms and Conditions in that jurisdiction, and the legality, validity, and enforceability of these Terms and Conditions in any other jurisdiction shall not be affected.
- If there is any conflict between the terms of these Terms and Conditions and the Website Terms of Use, these Terms and Conditions shall prevail.
- If these Terms and Conditions are translated into any other language, and there is a discrepancy between the English text and the text of the other language, the English text will govern.
- These Terms and Conditions are governed by the law of the Dubai International Financial Centre. Any dispute which is not settled amicably between the Parties shall be finally settled by the courts of the Dubai International Financial Centre.

SELLER TERMS

Seller Requirements

- A Seller must:
-- be at least eighteen (18) years of age, in the case of an individual;
-- be legally capable of entering into a contract with Great Dubai;
-- not have any criminal record and be compliant with all Applicable Laws;
-- be resident in Dubai, UAE; and
-- have valid identification or incorporation documents as requested by Great Dubai, in the case of an individual or legal entity, respectively.
- Each Seller warrants and represents that:
-- it is the legal owner of the Device and is legally authorized to sell the Device;
-- their use of the Website and sale of the Device would not be in breach of any Applicable Law or agreement or contract to which the Seller is a party; and
-- the Device is free from any encumbrances.
- The Seller must provide a true, accurate, and correct description of the Device and its specifications, including, but not limited, to the model, the storage space, and the condition.
- The Seller must ensure the Device is not blocked or PIN locked when collected by Great Dubai.
- In registering for the Services and the Website, Sellers must provide true, accurate, current, and complete Registration Details. Sellers must update any changes to their Registration Details (except age).
- A Seller must keep confidential any user identification and password details set-up or given to the Seller as part of Great Dubai’s security procedures and must not disclose them to any third party.
- Each Seller is solely responsible for any use of, or action taken under the Seller’s account, and shall fully indemnify Great Dubai and its affiliates, directors, officers, employees, authorized representatives, consultants, professional consultants, or authorized agents from any damages or injury suffered by Great Dubai resulting from any use of the Seller’s account or any breach of Applicable Law.
- Great Dubai reserves the right to suspend or terminate a Seller’s account where, in its absolute discretion, it suspects or deems or in Great Dubai’s opinion the Seller has breached these Terms and Conditions or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, Great Dubai will notify the Seller by email and the Seller must not seek to re-register on the Website either directly or indirectly or through a related entity or another person. Great Dubai’s rights under this paragraph shall not prejudice any other right or remedy Great Dubai may have in respect of any breach, or any rights, obligations, or liabilities accrued prior to such suspension or termination.
- Great Dubai may refuse to provide the Services to a Seller if, in its sole discretion, Great Dubai considers that the Seller has not complied with any obligation in this clause 3.

Initial Inspection and Collection of Devices

- If Great Dubai has accepted a Seller Offer, Great Dubai will collect the Device from the Seller at the address and time agreed with the Seller. Great Dubai shall not be liable for any failure to collect the Device at the agreed time or for any delay whatsoever.
- Great Dubai will only collect Devices from addresses located in Dubai, UAE.
- Prior to taking possession of a Device, Great Dubai will carry out an initial inspection of the Device at the Seller’s address, which will include taking photos of the Device (“Initial Inspection”).
- If, following the Initial Inspection, Great Dubai considers, in its sole discretion, that a Device is, without limitation, in breach of these Terms and Conditions, does not conform with the description provided in the Seller Offer, is not in a satisfactory condition, or is Unacceptable, Great Dubai may refuse to purchase the Device, and Great Dubai shall have no liability to the Seller in this regard.
- If, following the Initial Inspection, Great Dubai agrees to purchase the Device, Great Dubai will pay the agreed purchase price to the Seller following which Great Dubai shall be the legal owner of the Device, and the Seller shall have no further ownership rights in respect of the Device.

Final Inspection of Devices

- Upon receipt of a Device from a Seller, Great Dubai will carry out a further inspection of the Device to determine whether it may be advertised for sale on the Website (“Final Inspection”). Great Dubai will only sell a Device that has passed the Final Inspection.

Sim Card Removal and Data Deletion

- It is a condition of sale of a Device that, prior to collection of the Device by Great Dubai, the Seller removes any SIM cards, memory cards, or other media devices inserted into the Device and deletes all personal details and data, including, without limitation, all names, mobile phone/device numbers, SMS messages, applications, photographs, games, songs, video, and all other data from the Device.
- In addition to clause 3.16, Great Dubai will complete a factory reset on all Devices to ensure all personal data is deleted from Devices.
- Great Dubai will not accept liability for any loss, damage, or costs that you incur if any SIM card, memory card, or other media device is sent with the Device or if personal data remains on the Device, including, without limitation, any charges that you incur as a result of use of your Device by any person, whether incurred before or after our receipt of the Device. We will not be in any way responsible for the security, confidentiality, protection, use, or disclosure of any personal data that you fail to delete or any losses or costs that arise as a result and shall not be deemed to be holding, processing, or otherwise using the data on your behalf in any way.

BUYER TERMS

Buyer Requirements

- All Buyers must:
-- be at least eighteen (18) years of age, in the case of an individual;
-- be legally capable of entering into a contract with Great Dubai;
-- not have any criminal record and be compliant with all Applicable Laws;
-- be resident in Dubai, UAE; and
-- have valid identification or incorporation documents as requested by Great Dubai, in the case of an individual or legal entity, respectively.
- Each Buyer warrants and represents that:
-- they are legally authorized to purchase the Device; and
-- their use of the Website and purchase of the Device is not in breach of any Applicable Law, including, without limitation, anti-money laundering laws or any agreement or contract to which the Buyer is a party.

Devices

- Great Dubai does not guarantee that the Final Inspection will identify all defects in the Device.
- Great Dubai does not give any representation or warranty as to the description, specification, quality, price of, or the accuracy of any information related to any Device listed for sale on the Website.

Offer and Price

- The Buyer shall have the option to purchase the Device at the List Price or make an offer for the Device at below the List Price.
- Great Dubai shall have no obligation whatsoever to accept an offer from the Buyer and may, in its sole discretion, reject an offer for a Device.

Payment

- If Great Dubai accepts an offer from a Buyer to purchase a Device, Great Dubai shall send a payment link to the Buyer to purchase the Device. Great Dubai’s acceptance of an offer does not guarantee that the Device will be sold to the Buyer.
- The Buyer must pay the purchase price for the Device, including all applicable VAT and delivery charges, at the time of purchase.

Delivery

- Great Dubai will deliver the purchased Device to the address provided by the Buyer at the time of purchase. Great Dubai shall not be liable for any failure to deliver the Device to the Buyer’s address or for any delay whatsoever.

Return Policy

- Great Dubai does not offer a return policy for Devices sold through the Website.

Limitation of Liability

- Except as expressly provided in these Terms and Conditions, Great Dubai shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data, goodwill, or any other intangible losses) arising out of or in connection with the Services, the Website, or these Terms and Conditions, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Great Dubai has been advised of the possibility of such damages.
- Great Dubai’s total cumulative liability in connection with these Terms and Conditions and the Services, whether arising in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the User to Great Dubai in the six (6) months preceding the event giving rise to liability.
- Each provision of these Terms and Conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these Terms and Conditions between the Parties. This allocation is reflected in the pricing offered by Great Dubai to the User and is an essential element of the basis of the bargain between the Parties. Each of these provisions is severable and independent of all other provisions of these Terms and Conditions. The limitations in this clause 4 will apply notwithstanding the failure of essential purpose of any limited remedy in these Terms and Conditions.

Force Majeure

- Neither Party shall be responsible for any failure to perform its obligations under these Terms and Conditions due to circumstances beyond its reasonable control including, without limitation, acts of God, natural disasters, terrorism, strikes, riots, labor disputes, or actions of any government or authority.

Indemnification

- Each User shall defend, indemnify, and hold harmless Great Dubai, its affiliates, directors, officers, employees, authorized representatives, consultants, professional consultants, and authorized agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
-- any breach of these Terms and Conditions by the User;
-- any acts or omissions of the User, including but not limited to the provision of false or misleading information; and
-- any claim brought by a third party against Great Dubai arising from the User’s use of the Services or Website or any act or omission of the User.

ADDITIONAL TERMS AND CONDITIONS FOR BUYING OF DEVICES FROM GREAT DUBAI

- The terms in this clause 6 apply to any Device purchased by a Buyer from Great Dubai.

Warranties and Representations

- Great Dubai does not give any representation or warranty that the Device shall be free from defects or that it will be of satisfactory quality or fit for any particular purpose.

Limitation of Liability

- Nothing in these Terms and Conditions shall limit or exclude Great Dubai’s liability for:
-- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
-- fraud or fraudulent misrepresentation;
-- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
-- defective products under the Consumer Protection Act 1987; or
-- any matter in respect of which it would be unlawful for Great Dubai to exclude or restrict liability.
- Subject to clause 6.2, Great Dubai shall not be liable to the Buyer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or any indirect or consequential loss.
- Subject to clause 6.2, Great Dubai’s total liability to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions shall be limited to the purchase price paid by the Buyer for the Device.

ADDITIONAL TERMS AND CONDITIONS FOR SELLING OF DEVICES TO GREAT DUBAI

- The terms in this clause 7 apply to any Device sold by a Seller to Great Dubai.

Warranties and Representations

- Each Seller warrants and represents to Great Dubai that they are the sole legal owner of the Device and that they are legally authorized to sell the Device.
- Each Seller further warrants and represents that the Device is not blocked, PIN locked, or otherwise disabled.
- Each Seller shall defend, indemnify, and hold harmless Great Dubai from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of this clause 7.

Limitation of Liability

- Nothing in these Terms and Conditions shall limit or exclude Great Dubai’s liability for:
-- death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable);
-- fraud or fraudulent misrepresentation;
-- any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
-- defective products under the Consumer Protection Act 1987; or
-- any matter in respect of which it would be unlawful for Great Dubai to exclude or restrict liability.
- Subject to clause 7.2, Great Dubai shall not be liable to the Seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or any indirect or consequential loss.
- Subject to clause 7.2, Great Dubai’s total liability to the Seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions shall be limited to the purchase price paid by Great Dubai for the Device.

TERMINATION

- Great Dubai may terminate these Terms and Conditions and the Services with immediate effect at any time by giving notice to the User, and the User may terminate these Terms and Conditions and the Services with immediate effect by closing their account with Great Dubai.
- Termination of these Terms and Conditions shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.

DATA PROTECTION

- Great Dubai will process personal data in accordance with its Privacy Policy, which can be found at the following link: https://uae.Great Dubai.com/privacy/.

ANTI-MONEY LAUNDERING

- Great Dubai is committed to combatting money laundering and the prevention of money laundering, and Users shall comply with all Applicable Laws and regulations related to anti-money laundering. Great Dubai may, in its sole discretion, implement processes and procedures to comply with such Applicable Laws.
- Each User shall provide Great Dubai with any information and documentation that Great Dubai may reasonably require to comply with anti-money laundering regulations and to verify the identity and legitimacy of Users and Devices being sold and purchased.
- Great Dubai may disclose information relating to any User, Devices, or Transactions to law enforcement or other government officials or regulators as required by Applicable Laws, or in response to a formal request in connection with a criminal investigation or suspected criminal activity.

CHANGES TO THESE TERMS AND CONDITIONS

- Great Dubai may amend these Terms and Conditions from time to time. Great Dubai will use reasonable endeavors to provide notification of material changes by posting a message on the Website or by informing Users. The most current version of these Terms and Conditions will be available on the Website. Users should regularly check the Website for the most up-to-date version of these Terms and Conditions. Any changes to these Terms and Conditions will be effective from the date specified in the notice or on the Website or, if no date is specified, from the date of notice.

ENTIRE AGREEMENT

- These Terms and Conditions (including the Website Terms of Use, the Privacy Policy, and any other policies referred to herein) constitute the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

LANGUAGE

- These Terms and Conditions are written in the English language, which shall be the binding and controlling language for all matters relating to these Terms and Conditions.

CONTACT US

- If you have any questions or concerns about these Terms and Conditions or the Services, please contact us at support@Great Dubai.com.