Usage Agreement

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Introduction

ElaQar Website & Application are owned by ElaQar  Est., KSA, hereinafter referred to as “ElaQar Website”.
is a Saudi corporate, locates in  KSA, hereinafter referred to as (ElaQar Website & Application), (We), (Us) or (Service Provider) - herein represents the First Party.
“Client” or (Consumer): an individual, corporate or company that accesses to and uses the services of Website, directly or indirectly, either with or without signing up. The Client is either a seller, purchaser, landlord, seeks leasing, real estate office or real estate marketer - herein represents the Second Party.
This Use Agreement, Privacy of Use, terms, conditions and all policies posted on ElaQar Website are developed to protect and save the legal rights of both (ElaQar Website) and the clients using the Website, either with or without signing up.
When you log in and use ElaQar Website or Application, you thus acknowledge and agree, while being in you full legal capacity and eligibility, without any pressure or coercion, to the terms and conditions of this (Agreement), without single variation and without any restriction, replacement, and prejudice to any of the legally-established rights. Further, this Agreement also declares and ensures your legal right as user, browser, etc., to access and use the Website in accordance with all terms and conditions provided for herein, without single restriction or requirement on your part.
the holder of ElaQar Website & Application strives, as possible, to provide the information on their Website very precisely, whenever possible. There might be some errors from time to time. However, ElaQar  assumes no responsibility for any error with the information included in the Website or Application, and thus Jazel Trading Est. disclaims their responsibility for the validity of any information provided through their Website, and you, as user or browser, have accepted to discharge ElaQar   from liability for any information provided on their Website. Therefore, you, as a user, acknowledge that you have no right to take any legal actions inside KSA or abroad regarding the information provided or displayed through their website if it does not consist with the fact.
The items, terms and conditions of this Agreement and the legal disputes are subject to the applicable laws, statutes and regulations of the KSA.

Terms of Use:

When you agree to take advantage of the Website services, in your capacity as the “Second Party” of this Agreement, you shall:

  1. The user of the real estate website and its applications in the Kingdom of Saudi Arabia shall undertake that the advertisement of his/ her real estate shall be real and not fake or misleading and shall not violate intellectual rights or violate the provisions issued by the Saudi Real Estate Authority or another government agency.

  2. If the advertiser uses the map for the property, the location shall be accurate and not misleading.

  3.  Any advertisement that violates the regulations issued by the Saudi Real Estate Authority shall be removed from the site without prior notice.

  4. The publication of the real estate advertisement shall be limited to the advertiser being a natural person of Saudi nationality or a legal person licensed to practice the activity in the Kingdom; an exception shall be made for non-Saudis who advertise real estate owned by them.

  5. The advertiser shall be either the owner or a person authorized by the owner under a written authorization or court order.

  6. Not advertise or upload a content or items improper to the categories available and saleable on the Website, and you shall review Terms of Advertising before advertising or upload any content or attachment.

  7. Not penetrate or circumvent the laws, policy and regulations of the Website or any rights of third parties set forth in any of the regulations pertaining to the subject matter of Agreement.

  8. Not copy the advertising from ElaQar Website & Application and repost it in other websites.

  9. Not use any unlawful or illegal mean to access to the advertisings or data of other users, breach the policy and rights of ElaQar Website & Application, access to the content of Website, or gather and collect, take advantage of, and republish information and data of ElaQar Website & Application or the Website clients, in any way.

  10. Not breach the privacy or restrictions imposed on the Website or Application or make any encroachment or circumvention to violate the other procedures used in order to prevent or restrict the access to the Website, penetrate, block, or break it down for any reason, whatsoever.

  11. No illegal login to ElaQar Website & Application is permitted to change the designs of, destroy, modify or occupy the address of this Website, or illegally access to it to cancel, delete, destroy, leak, damage, change or republish special data, or cease working of or suspend ElaQar Website or Application, or destroy or remove the existing data;

  12. The user of ElaQar Website shall declare that his/her legal age is above eighteen years old and he/she is not prohibited from using the Website temporarily or permanently. Therefore, the user will not be allowed to use ElaQar Website services if he/she is not legally qualified to enter into this Agreement, or if his/her legal age is less than eighteen years old;

  13. ElaQar Website user is prohibited to induce the minors and alike and exploit them while using or browsing the Website.

  14. ElaQar Website user shall declare not to illegally access to the Website to cancel, delete, destroy, leak, damage, change or republish special data or block access to, hold up or disrupt the service in any way, whatsoever.

  15. ElaQar Website user shall acknowledge not to manipulate prices in sale or purchase and cause damage to other client in any way, whatsoever.

  16. ElaQar Website user shall not post fake, incomprehensible or meaningless ads, or false, inaccurate, misleading or deceptive comments, or slander, defame and cause damage to others. ElaQar Application & Website may cancel all false ads without prior notice, and this is deemed a pre-authorization by the user to delete them.

  17. Not to take any action built on opinions and evaluation of clients or depart from the ad content.

  18. Not to handle any political issues, international sovereignties, considerable personalities, or any discussions not relating to the sale, purchase and leasing operations or any work or action not included within the scope of use of ElaQar Website & Application. ElaQar Website shall have the right to remove any issues, comments or works out of their competence or the purpose for which the Website has been launched, and prosecute whoever commits such acts or issues as duly.

  19. User of ElaQar Website or Application is prohibited from produce, prepare, send, or store any content that may prejudice the public order, religious values, public morals, or inviolability of private life on ElaQar Website or Application.

  20. Not publish, distribute, or upload any defamatory, offensive, infringing, harmful, threatening, abusive, twisted, racist or morally inappropriate material or other illegal contents or information, as well as the user of ElaQar Application is not allowed to post any data or comments on the internal or external security or the national economy of the State.

  21. Not counterfeit any file attached to ElaQar Website.

  22. Not copy the advertiser’s right with any advertising added to ElaQar Website.

  23. Not transfer your account or activity to other websites while it has our logo or receives our services.

  24. Not breach the copyrights and rights of trademarks, patents, advertising, databases or other property or intellectual rights that relate or are licensed to ElaQar Website Application.

  25. Not violate the property, intellectual or patent rights.

  26. Not gather information on the other users of the Website for commercial or other purposes.

  27. Not take any action that would damage the reputation of ElaQar Website Application.

  28. Not impersonate ElaQar Website Application or one of its representatives, employees, affiliates, users or agents, or take any capacity inspires that you are an affiliate of the website or the corporate that owns the Website (Jazel Trading Est.), unless you have an official permission or authorization with such effect from the corporate possessing ElaQar Website.

  29. Not obtain, or try to obtain, unauthorized access to the Website or any account that belongs to a member on the Website or impersonate or counterfeit the membership of another person.

  30. Not use any computer, software or mean to access to our Application and/ or Website or recover, copy, or index any content on our Website.

  31. Not perform any action that may burden us or cause increased demand on data movement on our infrastructure in a way that we deem (at our discretion) unreasonable or inappropriate use of the Website.

  32. Not use or index any content or data on our Website in order to:

  • Build searchable database for properties.

  • Build database for the information relating to the properties and Compete with us in any way without written permission from the Website and Application Owner particularly.

  1. Not send, or try to send, any computer viruses, worms, defects or any other destroying material to the Website, Application, or their clients.

  2. We reserve the right to exercise any measures we deem necessary to prevent unauthorized access to the Website to use it, including, but not limited to, establishing technology blocks, or reporting your behavior to any person or entity. 

  3. As the Second Party herein, you shall be responsible for restricting to all our own terms and conditions, including the full payment of all our due amounts in a timely manner, in compliance with all rules of commissions and fees.

  4. The Second Party shall not claim the First Party to issue any invoice for the service provided to him/her, where the First Party is a real estate broker, and they have no right to issue invoices between the lessor and lessee or seller and purchaser.

If ElaQar Application & Website detect any violation of any of these terms and conditions when you use the Website, then ElaQar Application & Website shall reserve the right to:

  • Will warn you of your violation to these terms and conditions and request you to cease such conduct.

  • Delete any materials or contents which you might have posted before being warned of the violation.

  • Take measures (including cessation, suspension, or restriction of your access to, and preventing you from using, the Website and Application.

  • Cancel the ads you posted before checking with you and block the subscription.

  • Report the competent authorities of the activities you perform.

  • Take all legal actions against you.

Requirements of Advertising on ElaQar Application or Website:

  • The ad shall only be for sale, lease, request for or acceptance of property.

  • The advertiser shall commit to the validity of all entered information.

  • The details of ad shall be complete and posted on the proper section.

  • The Website shall have the right to delete any advertising without reference to the reason of deletion.

  • It is prohibited to copy any ad from the Website.

  • It is prohibited to use any part of any ad on the Website.

  • The photos added to the ad by the advertiser shall be of the same advertised property.

  • The advertiser shall attach real photos of the advertised property.

  • The advertiser shall not attach any holograms or similar images.

  • The advertiser shall follow up on and update his/her ad every (15) days from its date of posting.

  • The advertiser shall follow up on the visitors’ interaction either by contacting or messages via the Website.

  • The advertiser shall close the ad within (24) hours from completion of lease or sale.

  • The advertiser shall pay the shown ad fees which he/she accepted and agreed to.

Forbidden Special Messages:

  • Advertising a property through private messages.

  • Blackguard and insulting for any reason, whatsoever, either with or without justification.

  • Messages that include defamation, damage to and violation of the privacy of others.

  • Any messages that may handle political issues or internal and external security of the State.

Recovery Policy:

ElaQar Website Application refers that the Recovery Policy includes:

Commissions and Annual Subscription Fees: The user shall be entitled to request recovery of the paid commission within (5) days from the payment date, excluding recovery of the annual subscription fees.

Subscription Transfer: The period wherein transfer of subscription to another member is allowed shall be more than (5) days from the payment date. 

Unique Advertising: Fee of unique advertising will not be recovered from the webpage or application.

Package Upgrade: Fee of package upgrade will not be recovered.

Excess Amounts: Amounts above the subscription fees and commission will be recovered not later than (5) days from the payment date or according to the policy of the dealing bank or subject to the client’s bank to recover the amount.

To request recovery: The user shall contact the Technical Support through “Contact Us” icon and provide them with: The transfer date, the bank transferred to and the account number. The period of amount recovery in your account shall not be more than (10) working days. In the event of any delay with the amount refund, the user shall follow up with the bank directly. If the transfer is from one bank to another, the wire transfer fees shall be deducted.

Liability of ElaQar Website & Application and users of the Website and Application:

  1. ElaQar Website is created to include all kinds of properties around the KSA and the Arab Republic of Egypt. ElaQar Website & Application provide various real estate services and make search for or advertising of properties, along with direct contact with the advertiser, available. The advertiser shall be fully responsible for the validity of the ad details, including the supporting documents attached to the ad. Further, the advertiser shall comply with the laws and regulations applicable in the KSA or the Arab Republic of Egypt, subject to the place of advertised property, regarding the sale and marketing of properties. It is important for the client to understand that the advertiser assumes the full and direct responsibility for the ad, including all its details and contents. The advertiser is also automatically classified by the system according to their activity, for example (land expert, apartment expert), and other categories which the Website or Application Management releases.

  2. ElaQar Website & Application provide no guarantees and assume no responsibility if the user fails to comply with the Website Use Policy, as well as they are not responsible for any risk, damages, consequences or loss to the seller, purchaser or any third party. The affected person must inform us of the same by e-mail to: info@elaqar.co and explain the damage caused to them. Then, ElaQar Website & Application will take the necessary action based on the occurrence, without any responsibility. The user shall thus acknowledge that the Website is disclaimed from any damages caused to them, notwithstanding of its volume and effect, and they may not claim for any indemnity, whatsoever.

  3.  ElaQar Website & Application user (Second Party) shall review the file accurately to know the actions needed to be taken when you are exposed to any damage; knowing that ElaQar Website & Application will document, archive and maintain the complaints and violating facts to be provided to the concerned authorities, if necessary, to initiate by submitting it, or at request, at any time to the security authorities. This is an authorization from the user of ElaQar Website & Application to the Owner Est. to make any information relating to him/her to the security authorities once requested.

  4. Your sign up to ElaQar Website & Application means that you authorize us to maintain your data that you have entered into our Website and Application servers, and that we have the right to read and review it, as well as you agree that we have the right to monitor your messages when required to ensure that they are free from any breaches to the Use Terms and Agreement, we may delete the advertising and dispose the attached photos when so required, and ElaQar Website & Application may suspend membership without giving any reasons.

  5. We maintain the properties data “data” in good faith, but such data is entered by the clients / third parties directly, and we do not verify it. ElaQar Website & Application user (Second Party) shall be fully responsible for providing the relating inquiries, while we do not provide any guarantee and assume no responsibility for the accuracy or completeness of any of the information contained in the data.

  6. You (the Second Party - user of ElaQar Website & Application) shall be responsible for verifying and ensuring the soundness and correctness of the “data” provided via ElaQar Website & Application and that its content does not breach the public order or public morals. You, as a user of ElaQar Website & Application, shall also be responsible for seeking help of surveyors and/ or obtaining legal advice before being involved in any sale or purchase process. Further, you, as a user of ElaQar Website & Application, shall be the sole responsible for ensuring acting in good faith towards any third parties.

  7. You (the Second Party - user of ElaQar Website & Application) shall acknowledge and undertake that your usage of our Website and Application will, at all times, be in accordance with these “Terms of Use” and any other terms applicable to you with regard to your usage of our Website and Application, including all amendments to these terms.

  8. The Owner Est. of ElaQar Website & Application disclaims itself, in any way, from any damages to the user of Website and Application, including, but not limited to, (indemnity for loss of data or profit or works suspension) that may result from the use, or disability to use, of material on the Website, even if one of our authorized representatives receives oral or written notification that such damage is possible.

  9. The user of ElaQar Website & Application shall agree not to use our Website and Application for any trading purposes or business, except for their purposes, unless there is clear written approval from the Owner Est. of ElaQar Website & Application.

  10. The Owner Est. of ElaQar Website & Application shall assume no responsibility for a loss or damage resulting from any virus or cyberattack that led to service disconnection or any other technically damaging materials that affect your own computer or software, data or other properties due to your usage of our Website and Application or uploading/downloading any content on it or on any linked website.

  11. We will not be responsible, in any way, towards you for any loss or damage resulting from or relating to the following: 

  • Any breakdown occurs due to the program, defects of the Internet, unavailability, or any other reasons out of control or desire of the Owner Est. of ElaQar Website & Application.

  • Loss of your password or account if so occurred due to power cut-off, defect or disconnection or because of your computer system and/or account.

  • Use, or inability to use, our Website.

  • Reliance on content or information displayed on our Website.

  • Any direct, consequential, special or punitive losses, damages, costs, expenditures, loss of profits or loss of business, loss of or deterioration of reputation or loss, destruction or corruption of data.

Privacy Document and Confidentiality of Information Statement:

We understand that you concern for the privacy of your data online and you are interested in protecting it. So, we have developed this policy to help you understand the nature of data we collect on you and your visit to our Website and Application and how we handle such personal information.

We will not collect special information without pre-specified purpose.

Further, we will collect and use the personal information only to fulfill such specific purpose, or for any other compatible purposes. We will not collect any other information without an approval from the concerned individual or organization, as required by virtue of law. Moreover, we will maintain such personal information as long as so necessary to fulfill such purposes. Also, we will collect it using legal means, when needed and by notice to or approval of the concerned person.

What is the information we collect?

  • Personal information, including your email address, name, phone number, type of computer, and Internet Protocol (IP) address.

  • Supporting documents, identification documents and papers and photos, to classify the advertisement as "certified" and to document membership with a regular office.

  • Ad's information, e.g., Location, photos, and ad details.

  • Other information, including information of your browsing of the Website or Application.

  • Payment information.

For what we use this information?

  • Give you special experience and provide the best services (meet your individual needs perfectly via providing us with your personal information).

  • Develop the performance of Website or Application. We always strive to improve the services of Website or Application based on the information we receive from you.

  • Improve the customer service (this information helps us to better respond to your requests to the customer service team, support their needs, and analyze traffic on the Website or Application.

  • Send messages to the email, SMSs, or notifications to the users via the Website, Application, or other available means to provide all services, and respond to all inquiries, requests, and other questions.

  • Automatic registration for data entry.

  • Make real estate statistics, research, or reports and payment transactions with the services available on the Website.

  • Participate with reliable third-party partners, e.g. (Government agencies or banks).

  • The partners who use the analysis services we provide.

  • We share the information with law enforcement agencies or in response of the legal requests we receive.

  • Your certainly are the sole responsible for the confidentiality of your password and personal account information, so please make sure to save such information, especially when online, and we disclaim ourselves if you give them to other person, lose or disclose it to third parties.

Intellectual Property:

  1. All content on this Website or Application holds the copyrights and rights of trademarks, commercial appearance and/or other intellectual property that we own, subject to our control, or licensed to us, or to one of our affiliates or third parties who have licensed their materials to us and are protected by applicable laws, unless otherwise mentioned expressly.

  2. We and our suppliers and licensors reserve all intellectual property rights in all texts, programs, data, documents, products, processes, technology, contents and other materials that are displayed on this Website. It is not permissible to grant access to this Website, or license to any person, under any of the intellectual property rights that belong to us or to third parties. Further, it is completely prohibited to use this Website or Application, or any of their contents, without permission from the Owner Est. of ElaQar Website or Application through their legal representative, including copies or storage, wholly or partially, except for your personal (not commercial) use, as well as nothing may be amended, redistributed or republished on this Website for any purpose.

  3. Names, logos, graphics, images, and all associated products and service names, design marks and logos, are trademarks or service marks belong to us and our licensors, and no license may be granted to the trademark or service mark regarding the materials included on this Website or Application, and it is prohibited to handle them without approval of the legal representative of the Owner Est. of the Website or Application.

  4. No person may access to the Website or Application for the purpose of using any name, logo or mark, in any way.

Indemnity

User of ElaQar Website & Application shall declare to indemnify and keep us and our subsidiaries and affiliates (employees, agents and partners) harmless against all losses, liabilities and claims, including the reasonable attorney’s fees that arise from your use of and access to our Website or providing contributions against the conditions and/or breach of the copyrights, rights of trademark, patents, advertising, databases and other intellectual property rights, and violation of the e-commerce laws and laws and regulations of combat cybercrime.

Security Policy of ElaQar Website & Application:

ElaQar Website & Application complies with the Use Agreement and Use Privacy. However, ElaQar Website & Application will not be a party to any conflict or dispute arising between the users due to one, or both, of them violation of the Use Agreement, but it strives to enhance the security side of the Website to reduce the infringements committed by some users of the Website against the Use Agreement, Use Policy, and Terms and Privacy of Use, pursuant to the integrity of sale and purchase processes, combating roguery, fraud, cheating and deception, and in compliance with the laws, statutes and regulations applicable in the KSA. Hence, ElaQar Website & Application may take the necessary action towards any individual, corporate or company violated the Use Agreement of ElaQar Website & Application; knowing that this action may be up to legal and judicial prosecution before the concerned authority. The common offenses and the necessary action towards them are provided below:

  1. When the client is exposed to fraud by other party:

  • The client shall contact us via the following e-mail address: info@elaqar.co 

  • The Website Management will review the compliant, make investigation on the defendant client, and take the necessary actions against him/her once ensured of his/her violation of the Use Agreement.

  • The occurrence will also be documented and archived for reference at any time. 

  • The client who incurs damage shall direct to the concerned authorities in his/her state to file claim in accordance with the laws and regulations governing the subject matter of damage in his/her state. 

  • ElaQar Website & Application will not be party to any of such proceedings, and shall assume no responsibility, but we will provide the documented facts to the competent authorities when so requested by such authorities.

  1. Infringement of policy, sovereignty, or security of the state or its national economy: Document the occurrence, delete the ad, suspend the advertiser’s membership and report to the competent authorities. 

  2. In the event of sale of any forbidden merchandise: Document the occurrence, delete the ad, suspend the advertiser’s membership and report to the competent authorities.

  3. If any individual, corporate, or advertising company copies and republishes it or makes use of it in any way in an unlawful way or in a manner contrary to the public order or public morals (such as hacking, using illegal data collection means or any other means,

  4. whatsoever) in order to get access to the Website’s content, programming, databases, or the information and data that pertain to the Website’s clients, ElaQar Website & Application will refer to the competent authorities to sue the other party for electronic hacking and committing any crime in contrary to the cybercrime regulations.

  5. If an individual, corporate or company copies ads from ElaQar Website & Application to another website, without obtaining prior written approval from the Owner Est. of the Website or Application, ElaQar Website & Application will direct to the competent authorities to file claim and prosecute the other party for infringement of the property rights.

  6. Harassment: When a client is harassed by another client, he/she must notify the Management of the same, and the complaint will be reviewed, and appropriate action will be taken in this regard.

  7. Infringement of property rights, intellectual property rights or patent rights of others:

  • If you witnessed infringement of a right of you, you shall contact via the following e-mail:

  • info@elaqar.co to file complaint and provide evidence on your right to the posted ad.

  • ElaQar Website Application will review, study and verify the complaint and take the necessary action in accordance with the result, as well as they will document and archive it for reference at any time.

  • You must go to the competent authorities if you want to prosecute the party who infringed on your rights; Note that ElaQar Website & Application will not be a party to the proceedings and are not responsible for it, and they assume no responsibility for such proceedings , but we will present what has been documented if the competent authorities so request.

Usage Agreement and Messaging Policy

  • By clicking "Sign Up", you agree to the Terms of Use and Privacy Policy [ElaQar Website/App]. You agree to receive phone calls and SMS messages from [the ElaQar website/app] to provide updates regarding your order and/or for marketing purposes. The message frequency depends on your activity on the ElaQar website/apps. You can unsubscribe by texting “STOP” to the same message source that you received.
  • We reserve the right to amend the terms and conditions of the Information Confidentiality & Privacy Policy, when and as required, and in accordance with the laws and regulations of the KSA and the Arab Republic of Egypt. Amendments shall be reflected here and posted on ElaQar Website & Application, and it shall not be sent in other ways to the clients and users of Website and Application.

Policy of Website Sign out & Deletion of User’s Account:

  1. If the user wants to delete his/her account on ElaQar Website (www.elaqar.co) and Application, the user shall acknowledge to adhere to the Sign out and Account Deletion Policy, without having right to claim the Owner Est. of the Website for any rights or obligations resulting from deletion of his/her account or removal of his/her data.

  2. The Owner Est. of the ElaQar Website & Application may delete the account of any user six months after his non-usage of ElaQar Website & Application, without right to have any claims against the Owner Est. of the Website.

  3. The user of ElaQar Website & Application shall disclaims the Owner Est. of the ElaQar Website & Application of any liability towards the account deletion and data removal after sign out of the Website.