GOVERNING USE OF GAFProperty LLC TO PROTECT YOUR RIGHTS
Please read theseTerms & Conditions carefully. These are the general Terms & Conditionsgoverning your access and use of this website (“Site”).
ACCEPTANCE OF THETERMS OF USE
This website is ownedand operated by GAF Property LLC (whichterm includes all subsidiaries of GAF Property LLC ) (“GAF” “Company”, “we” or“us”). The following terms and conditions, the lease or sale and purchaseagreement (“Property Agreement”) entered into with the Company or any of itsaffiliates pertaining to a commercial lease, unit or plot in a GAF project inrespect of which this website is used together with any documents theyexpressly incorporate by reference (collectively, these “Terms of Use”), governyour access to and use of gafproperty.com (the “Website”),
including any content, functionality and services offered on or through theWebsite whether as a guest or a registered user.
Please read the Termsof Use carefully before you start to use the Website. By using the Website or,where applicable, by clicking to accept or agree to the Terms of Use when thisoption is made available to you, you accept and agree to be bound and abide bythese Terms of Use and our Privacy Policy, found at gafproperty.com,incorporated herein by reference. If you do not want to agree to these Terms ofUse or the Privacy Policy, you must not access or use the Website.
CHANGES TO THETERMS OF USE
May revise and updatethese Terms of Use from time to time in our sole discretion. All changes areeffective immediately when we post them, and apply to all access to and use ofthe Website thereafter. Your continued use of the Website following the postingof revised Terms of Use means that you accept and agree to the changes. You areexpected to check this page from time to time so you are aware of any changes,as they are binding on you.
ACCESSING THEWEBSITE AND ACCOUNT SECURITY
We reserve the rightto withdraw or amend the Website, and any service or material we provide on theWebsite, in our sole discretion without notice. We will not be liable if forany reason all or any part of the Website is unavailable at any time or for anyperiod. From time to time, we may restrict access to some parts of the Website,or the entire Website, to any user, including registered users.
You are responsiblefor:
To access the Websiteor some of the resources it offers including, without limitation, payment usingcredit cards or other forms of electronic payment, you may be asked to providecertain registration details or other information. It is a condition of youruse of the Website that all the information, including, without limitation,credit card information or information pertaining to other forms of electronicpayments, you provide on the Website is correct, current and complete. Youagree that all information you provide to register with this Website orotherwise, including but not limited to through the use of any interactivefeatures on the Website, is governed by our Privacy Policy, and you consent toall actions we take with respect to your information consistent with ourPrivacy Policy.
If you choose, or areprovided with, a user name, password or any other piece of information as partof our security procedures, you must treat such information as confidential,and you must not disclose it to any other person or entity. You also acknowledgethat your account is personal to you and agree not to provide any other personwith access to this Website or portions of it using your user name, password orother security information. You agree to notify us immediately of anyunauthorized access to or use of your user name or password or any other breachof security. You also agree to ensure that you exit from your account at theend of each session. You should use particular caution when accessing youraccount from a public or shared computer so that others are not able to view orrecord your password or other personal information.
You may only have oneaccount with this Website. If you received more than one username, password oractivation code, please notify us immediately. Your use of more than oneaccount will represent a breach of these Terms of Use.
We have the right todisable any user name, password or other identifier, whether chosen by you orprovided by us, at any time in our sole discretion for any or no reason,including if, in our opinion, you have violated any provision of these Terms ofUse.To insure secure online payment and all other transactions of personaldata, the Website uses a technology called SSL (Secure Socket Layer). SSLencrypts all communications between your computer and our server so that theinformation can only be read and understood by us. Usually a closed lock onyour browser window shows a secure connection. For further information, pleaseconsult your browser’s security specifications. If your browser is equippedwith SSL your transaction will automatically be secured. The common standard inthe Internet to signal a secure site is a closed lock at the bottom of thebrowser. As long as the lock is displayed closed your information is secure andencrypted to avoid abuse. If you click the secure transaction link and stillcannot see the closed lock, the reason may be that the window is in nested inanother frame.
INTELLECTUALPROPERTY RIGHTS
The Website and itsentire contents, features and functionality (including but not limited to allinformation, software, text, displays, images, video and audio, and the design,selection and arrangement thereof), are owned by the Company, its licensors orother providers of such material and are protected by the United Arab Emiratesand international copyright, trademark, patent, trade secret and otherintellectual property or proprietary rights laws.
These Terms of Usepermit you to use the Website for your personal, non-commercial use only. Youmust not reproduce, distribute, modify, create derivative works of, publiclydisplay, publicly perform, republish, download, store or transmit any of thematerial on our Website, except as follows:
You must not:
No right, title orinterest in or to the Website or any content on the site is transferred to you,and all rights not expressly granted are reserved by the Company. Any use ofthe Website not expressly permitted by these Terms of Use is a breach of theseTerms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
The Company’s names,brand names, the Company’s logos and all related names, logos, product andservice names, designs and slogans are trademarks of the Company or itsaffiliates or licensors. You must not use such marks without the prior writtenpermission of the Company. All other names, logos, product and service names,designs and slogans on this Website are the trademarks of their respectiveowners.
PROHIBITED USES
You may use theWebsite only for lawful purposes and in accordance with these Terms of Use. Youagree not to use the Website:
Additionally, youagree not to:
RELIANCE ONINFORMATION POSTED
The informationpresented on or through the Website is made available solely for generalinformation purposes. We do not warrant the accuracy, completeness orusefulness of this information. Any reliance you place on such information isstrictly at your own risk. We disclaim all liability and responsibility arisingfrom any reliance placed on such materials by you or any other visitor to theWebsite, or by anyone who may be informed of any of its contents.
GAF reserves the absolute right, without any liability whatsoever, to amendvary or extend at any time the completion date of its projects inter alia theestimated/scheduled completion date(s) mentioned on or through the Website.
UPDATE OF THEWEBSITE
We may update thecontent on the Website from time to time, but its content is not necessarilycomplete or up-to-date. Any of the material on the Website may be out of dateat any given time, and we are under no obligation to update such material.
INFORMATION ABOUTYOU AND YOUR VISITS TO THE WEBSITE
All information wecollect on this Website is subject to our Privacy Policy. By using the Website,you consent to all actions taken by us with respect to your information incompliance with the Privacy Policy.
ONLINE PURCHASESAND OTHER TERMS AND CONDITIONS
All purchases throughour site or other transactions for the sale of services formed through theWebsite or as a result of visits made by you are governed by these Terms of Useand the Property Agreement.
Additional terms andconditions may also apply to specific portions, services or features of theWebsite. All such additional terms and conditions are hereby incorporated bythis reference into these Terms of Use.
Any and all paymentsmade through this Website are subject to these Terms of Use and the PropertyAgreement. Consequently, the Company is under no obligation to accept anypayments not made in accordance with the these Terms of Use or the PropertyAgreement or made following termination of any of them and you herebyacknowledge and accept that any receipt of payment through this Website orotherwise shall not be deemed or construed as an acceptance of such payment orwaiver of right to reject payment at a later date.
Description of Goods and Services: The Website can be used for payment ofservice fees, utilities and any other charges payable by you for management ofthe community, compliance with community rules or required by law and incompliance with the Property Agreement.
Currency for alltransactions is AED unless stated otherwise.
It is your responsibility to ensure that payment is correctly and timelyreceived by the Company. Accordingly, we accept no liability whatsoever in thisrespect, and we are under no obligation to notify you of any incorrect,rejected and / or declined payments. You shall also ensure that sufficientcredit is available and in the event of a “declined” credit card payment, it isyour responsibility to pay any additional fees and / or charges levied byeither a nominated financial institution or the Company and you shall remainresponsible to pay any due amounts. Without prejudice to the foregoing, youshall notify us immediately in the event of any failed transaction or if youface or encounter any technical problems associated with the Website or itsuse.
If any transaction isfound to be incorrect, unauthorized or fraudulent, payment may be reversed andpayments shall remain due. Payment transactions will be processed on the daythe transaction is submitted for payment, unless the transaction is submittedon a weekend or non-working weekday where payment will be processed the nextworking weekday. Upon receiving the funds into our bank account, we shallaccordingly issue a proper receipt acknowledging the same. All transactionswill be processed without delay, however the Company expressly disclaims anyand all liability for processing delays, which may occur in any circumstance.Payment is not accepted (not deemed made) until the funds have been cleared.
Refunds of anypayments (if any) made through the Website are subject to the terms andconditions of the Property Agreement. Any duplicate or excess payments receivedwill be adjusted against future/subsequent invoices.
It is your responsibility to maintain document evidencing payment though theWebsite.
Any service or maintenance requests made through this Website shall be subjectto the Property Agreement.
TERMS OFADVERTISEMENTS OUTSIDE THE UNITED ARAB EMIRATES
All purchases shall bein Arab Emirates Dirhams (AED), regardless if the ads are in other currencies.Please note, due to currency fluctuations the amounts listed on ads incurrencies other than AED may be lower or higher at the time of signing theProperty Agreement. We recommend contacting our Sales Centre to confirm thepurchase price in AED.
Purchases shall besubject to signing a separate Property Agreement with its own terms andconditions. The amounts due under the Property Agreement shall be listed in AEDand shall be payable in AED.
LINKING TO THEWEBSITE AND SOCIAL MEDIA FEATURES
You may link to anypage, provided you do so in a way that is fair and legal and does not damageour reputation or take advantage of it, but you must not establish a link insuch a way as to suggest any form of association, approval or endorsement onour part.
This Website may provide certain social media features that enable you to:
You may use thesefeatures solely as they are provided by us, solely with respect to the contentthey are displayed with and otherwise in accordance with any additional termsand conditions we provide with respect to such features. Subject to the foregoing,you must not:
You agree to cooperatewith us in causing any unauthorized framing or linking immediately to cease. Wereserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any timewithout notice in our discretion.
LINKS FROM THEWEBSITE
If the Websitecontains links to other sites and resources provided by third parties, theselinks are provided for your convenience only. This includes links contained in advertisements,including banner advertisements and sponsored links. We have no control overthe contents of those sites or resources, and accept no responsibility for themor for any loss or damage that may arise from your use of them. If you decideto access any of the third party websites linked to this Website, you do soentirely at your own risk and subject to the terms and conditions of use forsuch websites.
GEOGRAPHICRESTRICTIONS
The owner of theWebsite is based in the United Arab Emirates. We make no claims that theWebsite or any of its content is accessible or appropriate outside of theUnited Arab Emirates. Access to the Website may not be legal by certain personsor in certain countries. If you access the Website from outside the United ArabEmirates, you do so on your own initiative and are responsible for compliancewith local laws.
DISCLAIMER OFWARRANTIES
You understand that wecannot and do not guarantee or warrant that the Website will be free of virusesor other destructive code. You are responsible for implementing sufficientprocedures and checkpoints to satisfy your particular requirements for anti-virusprotection and accuracy of data input and output, and for maintaining a meansexternal to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLEFOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTEREQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USEOF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOURDOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THEWEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ISAT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINEDTHROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THECOMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY ORREPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THEFOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANYREPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMSOBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THATMAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THEWEBSITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFNON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
LIMITATION ONLIABILITY
IN NO EVENT WILL THECOMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANYLEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TOUSE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCHOTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCHOTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONALINJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OFPROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OFGOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACHOF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOTAFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend,indemnify and hold harmless the Company, its affiliates, licensors and serviceproviders, and its and their respective officers, directors, employees,contractors, agents, licensors, suppliers, successors and assigns from andagainst any claims, liabilities, damages, judgments, awards, losses, costs,expenses or fees (including reasonable attorneys’ fees) arising out of orrelating to your violation of these Terms of Use or your use of the Websiteand, any use of the Website’s content, services and products other than asexpressly authorized in these Terms of Use or your use of any informationobtained from the Website.
GOVERNING LAW ANDJURISDICTION
All matters relatingto the Website and these Terms of Use and any dispute or claim arisingtherefrom or related thereto (in each case, including non-contractual disputesor claims), shall be governed by and construed in accordance with the laws inforce in the Emirate of Dubai, United Arab Emirates without giving effect toany choice or conflict of law provision or rule (whether of the United ArabEmirates or any other jurisdiction).
Any legal suit, actionor proceeding arising out of, or related to, these Terms of Use or the Websiteshall be instituted exclusively in the courts of Dubai, United Arab Emiratesalthough we retain the right to bring any suit, action or proceeding againstyou for breach of these Terms of Use in your place or country of residence orany other relevant country. You waive any and all objections to the exercise ofjurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIMETO FILE CLAIMS
ANY CAUSE OF ACTION ORCLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THEWEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER ANDSEVERABILITY
No waiver of by theCompany of any term or condition set forth in these Terms of Use shall bedeemed a further or continuing waiver of such term or condition or a waiver ofany other term or condition, and any failure of the Company to assert a rightor provision under these Terms of Use shall not constitute a waiver of suchright or provision.
If any provision ofthese Terms of Use is held by a court or other tribunal of competentjurisdiction to be invalid, illegal or unenforceable for any reason, suchprovision shall be eliminated or limited to the minimum extent such that theremaining provisions of the Terms of Use will continue in full force andeffect.
ENTIRE AGREEMENT
The Terms of Use, ourPrivacy Policy and the Property Agreement constitute the sole and entireagreement between you and the Company with respect to the Website and supersedeall prior and contemporaneous understandings, agreements, representations and warranties,both written and oral, with respect to the Website.
YOUR COMMENTS ANDCONCERNS
This website isoperated and owned by the Company.
In respect of requests for technical support and other communications relatingto the Website, you can contact us by using our website contact form, or byemailing us at info@gafproperty.com.
For feedback orsuggestions, please contact us through the Contact Us form on the Website. Youunderstand and accept that by using this Website in updating, changing oraltering your personal information, address(es) or contact details, you areaccepting that the Company or any of its affiliates may, at their discretion,use such information as alternative information to send legal noticesunder these Terms of Use or the Property Agreement. It is your obligation toimmediately inform the Company of any changes to such information.