الشروط و الاحكام

  .1 About these terms and conditions

This website, www.monnara.co (the “Site”), is owned and operated by (“Monnara Real Estate”).

The terms “you” and “your” refer to the person accessing or using the Website and/or any content within.

These terms and conditions govern your use of the Website and any materials, communications, calculators, links or information contained on the Website including property listings (“Content”), and these terms and conditions of service (including pricing), notices and disclaimers available on the Website or otherwise provided through the Site

By accessing and/or using the Website and/or the Content, you acknowledge that you have read and agree to be bound by these Terms and Conditions (including any updates and changes that Monnara Real Estate makes from time to time). If you do not agree to these terms and conditions, you must immediately stop accessing and using the Website and the Content.

You warrant that you are at least 18 years of age or that you access or use the Site and the Content under the supervision of a parent or guardian who agrees to these Terms and Conditions.

These terms and conditions also apply to any mobile applications and other software (including interfaces) that we provide or provide to you. In this case, the “website” reference is taken to include each such element.

.2 Website

Monnara Real Estate Services will provide you with access to the Website and Content in accordance with these Terms and Conditions. The website primarily acts as a link between real estate agents, real estate builders, developers, appraisers, buyers and renters of real estate. You, as an individual, may use the Website to facilitate this process via the services offered on the Website. Monnara Real Estate is not your agent, and does not act as your agent.

You may need to register with the Monnara Real Estate Service in order to access or use certain parts of the Website and the Content.

You must not register multiple times or create an account for anyone other than yourself. Your account is not transferable. You may update, modify or terminate your account at any time

.. You must: (a) keep your user login details (including your password) confidential and hidden and not disclose such details to any third party or allow another person to access or use the Website or the Content using your details; You agree that you will be solely responsible for all access and use of the Website or the Content by any person who uses your login details, whether or not you have authorized such access or use; and (b) notify Monara Properties immediately if you become aware or have any reason to suspect or believe that your login details have been subjected to unauthorized use or have been otherwise compromised.

Monara Properties may add, change or remove the Website’s features and functionality (including the Content) at any time (with or without notice to you). The features and functionality available on the Website (including the Content) may also vary depending on the device or application used to access the Website (eg mobile versus desktop).

.3 Access and use

You may use the Website and the Content for your own personal use subject to the restrictions set forth in these Terms and Conditions (including, for clarity, other terms and conditions that may apply to you on this Website). You may not download (other than page caching) or modify the Website or any part of it.

You must comply with all applicable laws

You may not: (a) access or use the Website or the Content (in whole or in part): (i) for any purpose other than as expressly permitted in these Terms and Conditions; (ii) to engage in any commercial activity, including marketing, advertising or commercial promotion of products or services, or to resell, collect or use any product listings or pricing for the benefit of other individuals (without prior written agreement of Monnara Real Estate); or (iii) in an unlawful manner or for an unlawful purpose; (b) disrupt or interfere with the Site; (c) do anything (or fail to act) that would otherwise cause Monnara Real Estate or any other person to breach any law or obligation; (d) facilitate or encourage any violations of these Terms  the terms, or the policies of Monnara Real Estate (including the Monnara Real Estate Privacy Policy); (e) post unauthorized commercial communications (such as spam) via the Website; (f) collect content or other information using automated means (such as collecting bots, robots, (whether or not to take any action) that may disrupt or impair the proper working or appearance of the Site or Monnara Real Estate Systems, or that we or anyone else may otherwise breach any law or enforcement; (j) do anything that is misleading, malicious or discriminatory through the Site; (k) attempt to gain unauthorized access to any user accounts, computer systems or networks used in connection with the Site; (l) Selling, renting, transferring, sublicensing, or providing office services or services spiders or scrapers) without the prior written permission of Monnara Real Estate through or in connection with the Website; (g) request login details for a third party account; (h) impersonate or falsely claim to represent another person or organization; (1) do anything (or take any timeshare, distribute or provide a copy of the Content to a third party for any reason; (m) modify or create derivative works from the Website or the Content; (n) delete, obscure or change any legal or proprietary notices or any features on the Site; (o) challenge the validity of our rights to the Site; (p) use the Content, post User Material, or take any action in connection with the Content that, in each case, may infringe or infringe the rights of a third party or may infringe or otherwise violate any applicable laws (in the Kingdom of Saudi Arabia); or (q) do or allow others, directly or indirectly, to perform any of the actions referred to in paragraphs (a) to (q).

We may receive fees or payments for use of the Site or the services available within.

You are responsible for obtaining your own facilities, hardware, infrastructure, software, and any Internet and communications systems, which you require to access and use the Website, and to ensure their compatibility with the Website.

We do not represent or warrant that the Website will be free from loss, corruption, interference, attack or other interference (a security incident), and you release us from any liability in connection with such security incident. You are responsible for backing up the device you use to access the Website, including any content obtained through the Website.

.4 User Material

Certain features of the Site may enable you to upload or submit information, content or data (including illustrations and images) (User Material). You are solely responsible for User Material, and you must ensure that you have all necessary licenses, certifications, consents, authorizations and approvals to enable you to use the Site, including making User Material available to us in accordance with these Terms and Conditions

You shall ensure that the User Material: (a) is in a form and submitted via such method as may be required by Monnara Real Estate from time to time; (b) accurate and complete at the time it is uploaded or transmitted via the Website, and immediately notify Monnara Real Estate or add or change User Material (as applicable) if you become aware that User Material is not accurate or complete; (c) is inappropriate, obscene, defamatory, infringing, obscene, indecent, unlawful, or likely to offend, demean, or humiliate others on the basis of race, gender, age, or disability, or otherwise offend person or incites violence or hatred; and (d) not: (i) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights to privacy and publicity; (2) contain sexual acts, nudity, pornographic material or of a violent nature; (3) conceiving an individual without his or her prior consent; (iv) exploit any individual in any way; (v) you infringe the rights (including intellectual property rights and moral rights) of any person; (vi) contain any viruses, Trojan horses, worms, or components or code that are harmful, disruptive, malicious, or that pose a risk to the privacy or security of any person; or (vii) contain any restricted or hidden content. Monnara Real Estate reserves the right to remove or modify (with or without notice and at its sole discretion Any material used that Monnara Real Estate considers to be in violation of these Terms and Conditions. However, Monnara Real Estate has no obligation to monitor User Materials for any purpose, including for the purposes of ensuring compliance with these Terms and Conditions .).

You grant us a non-exclusive, transferable, sub-licensable, royalty-free license to use the User Material to enable us to perform our obligations and exercise our rights under these Terms and Conditions, including to perform analytics, as part of the aggregate data collection and to monitor User activity as part of our provision, development, maintenance and support of the Application And our products in general. You warrant that Monnara Real Estate’s use of the User Materials and Service Providers’ use of the User Materials will not infringe the rights (including intellectual property and moral rights) of a third party or violate any obligations of trust or any law relating to the User Materials.

.5 Transactions on the site

Monnara Real Estate: (a) is not responsible for any transaction (including purchase, delivery, rental, sale, etc.) you enter into with any person via the Website; (b) makes no warranties or representations with respect to the services or products of the listed third party companies, advertising services, products or services available on or through the Website; (c) is not responsible for the prices or services offered by the listed third party companies; and (d) have no interest, whether direct or indirect, in any of the third party business listed on the Site.

You are solely responsible for verifying and ensuring that the person you interact with through the Website has the appropriate licenses, approvals and insurance necessary to perform their obligations.

.6 Third Party Links and Content

The Site may contain links to third party websites. Monnara Real Estate provides these links as a ready reference for searching products and services on the Internet and not as an endorsement or recommendation of those websites or their operators or the goods and services they describe. Websites linked to the Website are not covered by these Terms and Conditions, and may have their own terms and conditions and Privacy Policy under which they operate. If you choose to access these linked sites, you do so at your own risk. Monnara Real Estate is not responsible and will not be liable in respect of the following (a) the content or operation of those websites or any of the goods and services they describe; or (b) for any loss or damage arising from Monnara Real Estates ‘ provision (including your access and use of) any such links (including any incorrect links to an external website).

You must not link or frame (or allow anyone to link or frame) the Website without the express prior written permission of Monnara Real Estate.

The website may display third party advertisements. Monnara Real Estate does not claim to endorse or recommend such advertisement, advertiser or its products and services in the advertisement.

Without limiting the above, you may access and use third party content and materials through this website. If so, you must comply with any applicable third party terms.

.7 Content

Content related to investment and financing data and searches is based on a range of information, including current and historical information provided by third-party data providers and information provided by real estate advertisers.

Content may also be based on accounts with interest rate numbers, which are subject to change.

All content, including all information generated by investment and financing statements and searches, is provided as a guide only and does not take into account your personal financial circumstances. You should obtain your own financial and legal advice before making any investment or financing decisions based on any content obtained from the Site.

You agree to: (a) exercise appropriate judgment in obtaining or using the Content, including verifying the currency of the Content; and (b) obtain independent professional advice regarding any purchase of any property advertised on the Site prior to entering into any such purchase.

Monnara Real Estate does not review all content posted or created by users or customers of the Site. Monnara Real Estate excludes all liability (including negligence) with respect to the Content. If you have a complaint regarding any content displayed on the Website or otherwise transmitted through the Website, Monnara Real Estates’ sole obligation will be to review any written complaint notified and, in its sole discretion, modify or remove the particular content.

Monnara Real Estate reserves the right to: (a) list content from third parties and links to third party websites; and (b) immediately block or remove any Third Party Content in its sole discretion

.8 Feedback

If you provide Monnara Real Estate with any Feedback via the Website, you: (a) acknowledge and agree that such information will be treated as non-confidential; and (b) grant Monnara Real Estate a royalty-free, worldwide, perpetual, irrevocable and transferable right: (i) to use, copy, publish, sell, rent, communicate, modify, create derivative works from, and translate these Comments in any way; (ii) allow any person to assist Monnara Real Estate to do any of the things referred to in (1); and (iii) sublicense any of the rights granted to Monnara Real Estate under (1) and (2) to any person.

.9 Privacy

Any personal information you provide via the Website will be treated in accordance with the Monnara Real Estate Privacy Policy set out on the Website.

.10 Intellectual property

Nothing in this Agreement assigns or transfers any right, interest or ownership in or to any intellectual property rights (including moral rights) of a party, except as expressly provided.

You grant Monnara Real Estate a worldwide, royalty-free, perpetual, irrevocable, transferable, and non-exclusive license to: (a) use, reproduce, modify, adapt, communicate, display, perform, store and distribute the User Materials for the purposes of performing the obligations of Monnara Real Estate under these Terms and Conditions and otherwise in connection with the purposes Monnara Real Estate; (b) without limitation (a), create statistics, databases and ratings for use by Monnara Real Estate and third parties (c) allow any person to assist Monnara Real Estate in doing any of the things referred to in (a); and (d) sublicense any of the rights granted to Monnara Real Estate under (a) through (c) to any person. Without limiting the foregoing, you unconditionally consent to Monnara Real Estate’s use of User Materials that would, but with your consent, constitute an infringement of your moral rights ;

As between you and Monnara Real Estate: (a) you own the User Material; and (b) all intellectual property rights, including copyrights and patents, in the Website, the Content and all of its components are owned or licensed by Monnara Real Estate. Other than User Material, you must not copy, modify or transmit any of the Content or the Website without the written permission of Monnara Real Estate.

The Website contains trademarks, logos, service names and trade names of Monnara Real Estate and third parties that may be registered or protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Site without the prior written permission of Monnara Real Estate.

.11 DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE SITE AND CONTENT ENTIRELY AT YOUR OWN RISK.

To the fullest extent permitted by law, Monnara Real Estate excludes all warranties, conditions, representations or warranties that may arise or be implied by law in connection with the Website, the Content and any supply of goods or services under these Terms and Conditions, including any conditions, warranties or representations Related to: (a) the availability of the Website and Content; (b) the quality, completeness, accuracy or suitability of the Website or the Content; (c) the merchantability or fitness for your purposes in connection with the Site or the Content; (d) all links to or from the Site; (e) Products and services that are advertised or may be accessed on the Website; (f) the integrity of the computer systems of users of the Site; and (g) title to any real property advertised on the Site.

For any liability that cannot be excluded, but can be limited, Monnara Real Estate limits its liability, at its option: (a) replacement or repair of related merchandise; (b) Supply of goods equivalent to related goods; (c) provide related services again; or (d) pay the cost of such replacement, repair or supply. FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF MONARA REAL ESTATE AND RELEVANT EVENTS FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPANSION OF WHATSOEVER, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR AT LAW, WITHIN In relation to these Terms and Conditions, the Website, the Content, and all links to or from the Website and the products and services advertised or accessible on the Website, to the fullest extent permitted by law, you will be limited to SAR 10 for the sum of all claims.

To the fullest extent permitted by law, in no event shall Monnara Real Estate be liable for any direct or indirect loss of profit, exemplary or punitive damages, loss of data, deletion or corruption of information stored electronically or digitally, or damage to any computer system , or incidental, consequential or special damages arising out of or in connection with the Website, the Content and all links to or from the Website and the products and services advertised or accessible on the Website.

.12 Compensation

You indemnify Monnara Real Estate and its officers, directors, employees, and contractual contractors for all losses, damages, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and actions whatsoever, whether in contract, tort (including negligence) or at law , in relation to any of the following: (a) any unlawful, negligent or willful act or omission by you; and (b) without limiting the foregoing, any claim that your use of the Site or any User Material infringes any person’s rights (including intellectual property rights, rights to privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

.13 Comment and termination

We may, without notice or liability to you or anyone and in our sole discretion: (a) change or remove any content or information made or available through the Site, including if we believe it violates these Terms and Conditions, any of our policies or any Law ; (b) change, withdraw, suspend or discontinue the Site or any functionality or feature of the Site; and/or (c) maintain, delete or destroy all content and materials provided or available through the Site

Monnara Real Estate may at any time suspend or terminate your account or your access to the Website immediately in its sole discretion and without prior notice, including if Monnara Real Estate considers, in its reasonable opinion, that you have violated these Terms and Conditions or no longer an active account.

You may suspend or terminate these Terms and Conditions at any time by discontinuing use of the Site.

.14 Subcontracting or offshoring

Monnara Real Estate may subcontract the performance of all or any part of its obligations under these Terms and Conditions. Monnara Real Estate may also perform all or any part of its obligations under these Terms and Conditions outside the Kingdom of Saudi Arabia.

.15 General

1. a) Notice

If Monnara Real Estate is required to provide you with written notice under these Terms and Conditions, Monnara Real Estate may give you such by: (i) posting the notice on the Website; (ii) send the email notification to the email address most recently provided to Monara Properties by you; or (iii) post the notice to the postal address or other street address recently provided to Monnara Real Estate by you.

1. b) change

Monnara Real Estate may update or change these Terms and Conditions at any time with or without notice. If you continue to access or use the Website after Monnara Real Estate updates or changes these Terms and Conditions, you will be deemed to have agreed to these Terms and Conditions as updated or changed. As you are bound by these terms and conditions, you should periodically check these terms and conditions.

1. c) Waiver

Monnara Real Estate will not be deemed to have waived a right or remedy under these Terms and Conditions unless you have done so in writing. If Monnara Real Estate delays or fails to enforce a right or remedy under these Terms and Conditions, you agree that Monnara Real Estate is not prohibited from subsequently enforcing such right or remedy.

1. d) Severability

To the extent any part of these Terms and Conditions is illegal, invalid, void, voidable or unenforceable, that portion of these Terms and Conditions will be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.

1. e) Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws in force in the Kingdom of Saudi Arabia. You submit to the exclusive jurisdiction of the Kingdom of Saudi Arabia with respect to all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.

1. f) full agreement

These Terms and Conditions constitute the entire agreement between you and Monnara Real Estate with respect to its subject matter.

1. g) interpretation

In these Terms and Conditions: (i) a reference to these Terms and Conditions includes all parts, and includes any modification or replacement thereof; (ii) a reference to a law, code or other law includes the regulations and other instruments thereunder, the consolidation processes, amendments, re-enactment or replacement of any of them; (3) The singular includes the plural and vice versa; (iv) a reference to a person includes a natural person, corporation, legal corporation, partnership, government agency, organization or other legal entity, authorized assignees, assigns, personal representatives, and successors; and (5) “include”, “including”, “for example”, “like” and similar terms are not limiting words.

October 5, 2021

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