1. ABOUT THESE TERMS AND CONDITIONS

This website, www.aqar21.com (“Website”), is owned and operated by Sahel Abdulmohsen Al-khodair (“developer”).

The terms “you” and “your” refer to the person that accesses or uses the Website and/or any Content.

These Terms and Conditions govern your use of the Website and any material, communications, calculators, links or information contained on the Website including any property listings (“Content”), and comprise these terms and conditions and the service specific terms and conditions (including prices), notices and disclaimers available on the Website or otherwise provided through the Website.

By accessing and/or using the Website and/or Content, you acknowledge that you have read and agree to be bound by these Terms and Conditions (including any variations the developer makes from time to time). If you do not agree to these Terms and Conditions, you must immediately cease accessing and using the Website and the Content.

You warrant that you are at least 18 years old or are accessing or using the Website and 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 make available to you. In this instance, a reference to “Website” is taken to include each such item.

2. THE WEBSITE

Aqar21 will provide you with access to the Website and Content on these Terms and Conditions. The Website primarily acts as a link between real estate agents, property builders and developers and 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. Aqar21 is not, and does not act as, your agent, nor does the developer receive any commissions for any sale facilitated through use of the Website.

You may need to register with aqar21 in order to access or use certain parts of the Website and Content.

You must not register multiple times or create an account for any person other than yourself. Your account is non-transferrable. You may update, edit or terminate your account at any time.

You must: (a) keep your user login details (including password) secret and confidential and not disclose such details to any third party or allow another person to access or use the Website or Content using your details. You agree that you will be solely responsible for all access and use of the Website or Content by anyone using your login details, whether or not you authorised such access or use; and (b) immediately notify the developer if you are aware of, or have any reason to suspect or believe that, your login details have been subject to unauthorised use or have otherwise been compromised.

The developer may add to, change or remove the features and functionality of the Website (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 that is used to access the Website (eg mobile vs desktop).

3. ACCESS AND USE

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

You must comply with all applicable laws.

You must not: (a) access or use the Website or 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, resale, collection or use of any product lists or pricing for the benefit of other individuals (without the developer’s prior written agreement); or (iii) in an unlawful way or for an unlawful purpose; (b) disrupt or interfere with the Website; (c) do anything (or fail to take action) that would otherwise result in aqar21, the developer or any other person breaching any law or obligation; (d) facilitate or encourage any breaches of these Terms and Conditions, or aqar21 policies (including aqar21 Privacy Policy); (e) post unauthorized commercial communications (such as spam) via the Website; (f) collect Content or other information using automated means (such as harvesting bots, robots, spiders, or scrapers) without the developers prior written permission through or in connection with the Website; (g) solicit login details for an account belonging to a third party; (h) impersonate or falsely claim to represent another person or organization; (i) do anything (or take any action or fail to take any action) that may disable or impair the proper working or appearance of the Website or aqar21’ systems, or that would otherwise result in us or any other person breaching any law or obligation; (j) do anything misleading, malicious, or discriminatory through the Website; (k) attempt to gain unauthorized access to any user accounts or computer systems or networks used in connection with the Website; (l) sell, rent, lease, transfer, sub-license, provide service bureau or timeshare services, distribute or otherwise provide a copy of the Content to a third party for any reason; (m) modify or create derivative works of the Website or Content; (n) delete, conceal or alter any legal or proprietary notices or any attributions on the Website; (o) challenge the validity of our rights in and to the Website; (p) use Content, or post User Material, or take any action in respect of Content, in each case, that may or will infringe or violate the rights of a third party or that may or will otherwise violate any applicable laws (including court orders); or (q) allow or permit others, directly or indirectly, to perform any of the actions referred to in paragraphs (a) to (q).

We may receive fees and charges for the provision of the Website and related services.

We do not represent or guarantee that the Website will be free from loss, corruption, interference, attack or other intrusion (Security Incident), and you release us from any liability relating to 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

Some features of the Website may enable you to upload or otherwise submit information, content or data (including illustrations and photographs) (User Material). You are solely responsible for the User Material, and must ensure that you have all required licenses, certificates, consents, permits and approvals necessary to enable you to use the Website, including to make available the User Material to us in accordance with these Terms and Conditions.

You must ensure that the User Material: (a) is in a form and provided via a method required by aqar21 from time to time; (b) is accurate and complete at the time it is uploaded or submitted to via the Website, and promptly advise aqar21 or add or change the User Material (as appropriate) if you become aware that the User Material is not accurate or complete; (c) is not inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred; and (d) does not: (i) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; (ii) contain sexual acts, nudity, pornography and is not of a violent nature; (iii) depict an individual without their prior consent; (iv) exploit an individual in any way; (v) infringe the rights (including intellectual property rights and moral rights) of any person; (vi) contain any virus, Trojan horse, worm or other harmful, disruptive or malicious component or code or otherwise poses a privacy or security risk to any person; or (vii) contain any content that is restricted or hidden. aqar21 and the developer reserves the right to remove or amend (with or without notice and at aqar21’s sole discretion) any User Material that aqar21 considers breaches these Terms and Conditions. That said, aqar21 is under no obligation to monitor the User Material for any purpose, including for the purposes of ensuring compliance with these Terms and Conditions.

You grant us a non-exclusive, transferrable, sub-licensable and 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 conduct analytics, as part of an aggregate data set, and to monitor user activity as part of our provision, development, maintenance and support of the site and Apps and our products generally. You warrant that aqar21 use and the use by any future  service providers of the User Material will not infringe the rights (including intellectual property and moral rights) of a third party or otherwise breach any obligations of confidence or any law relating to the User Material.

5. TRANSACTIONS ON THE WEBSITE

aqar21: (a) is not responsible or liable for any transaction (including purchase and delivery) you enter into with any person via the Website; (b) makes no warranties or representations in relation to the services or products of third party businesses listed or advertising services or products or services available on or via the Website; (c) does not accept liability for prices charged or services provided by such listed third party businesses; and (d) has no interest, whether direct or indirect, in any of the third party businesses listed on the Website.

You are solely responsible for verifying and ensuring that the person you are dealing with through the Website has the appropriate licenses, consents, approvals necessary for it to perform its obligations.

6. THIRD PARTY LINKS AND CONTENT

The Website may contain links to third party websites. aqar21 provides those links as a ready reference for searching products and services on the internet and not as an endorsement of or to recommend those websites, their operators or the goods and services that they describe. Websites which are linked to the Website are not covered by these Terms and Conditions, and may have their own terms and conditions and privacy policy by which they operate. If you choose to access these linked sites, you do so at your own risk. aqar21 is not responsible for and will not be liable in respect of: (a) the content or operation of those websites or any of the goods and services that they describe; or (b) for any loss or damage incurred as a result of aqar21 provision of (including your access and use of) any such links (including any incorrect links to an external website).

The Website may display or feature third party advertising. aqar21 does not represent that it endorses or otherwise recommends the relevant advertisement, advertiser, or its products and services in so displaying or featuring the advertisement.

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

7. CONTENT

aqar21 does not review all Content posted to or created by users or customers for the Website. aqar21 excludes all liability (including in negligence) in respect of the Content. If you have a complaint regarding any Content displayed on the Website or otherwise communicated through the Website, aqar21 sole obligation will be to review any written complaint notified to it and, at its sole discretion, modify or remove the particular Content.

aqar21 reserves the right to: (a) list content from third parties and links to third party websites; and (b) block or immediately remove any third party content from the Website at its discretion.

8. FEEDBACK

If you provide aqar21 with any feedback via the Website, you: (a) acknowledge and agree that that information will be treated as non-confidential; and (b) grant aqar21 a royalty-free, world-wide, perpetual, irrevocable and transferrable right: (i) to use, copy, publish, sell, lease, communicate, modify, create derivative works from and translate that feedback in any way; (ii) permit any person to assist aqar21 to do any of the things referred to in (i); and (iii) sub-licence any of the rights granted to aqar21 under (i) and (ii) to any person.

10. PRIVACY

Any personal information submitted by you via the Website will be handled in accordance with homesales’ Privacy Policy which is set out on the Website here.

11. INTELLECTUAL PROPERTY

Nothing in this Agreement operates to assign or otherwise transfer any right, interest or title in or to any intellectual property rights (including moral rights) of a party, except as expressly stated.

You grant homesales a world-wide, royalty-free, perpetual, irrevocable, transferrable and non-exclusive licence to: (a) use, reproduce, modify, adapt, communicate, display, perform, store and distribute the User Material for the purposes of performing homesales’ obligations under these Terms and Conditions and otherwise in connection with homesales’ business purposes; (b) without limiting (a), create statistics, databases and compilations for use by homesales and third parties; (c) permit any person to assist homesales to do any of the things referred to in (a); and (d) sub-licence any of the rights granted to homesales under (a) to (c) to any person. Without limiting the foregoing, you unconditionally consent to homesales’ use of the User Material that would, but for your consent, constitute a breach of your moral rights.

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

The Website contains homesales and third party’s trademarks, logos, service names, trade names which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website without homesales’ prior written permission.

12. DISCLAIMER AND LIMITATION OF LIABILITY

You acknowledge and agree that you access and use the Website and Content entirely at your own risk.

To the full extent permitted by law, homesales excludes all guarantees, terms, representations or warranties that would otherwise arise or be implied by law in relation to the Website, the Content and any supply of goods or services under these Terms and Conditions, including any guarantees, terms, warranties or representations concerning: (a) the availability of the Website and the Content; (b) the quality, completeness, accuracy or suitability of the Website or Content; (c) merchantability or fitness for purpose in relation to the Website or the Content; (d) all links to or from the Website; (e) the products and services advertised or accessible on the Website; (f) the safety of computer systems of users of the Website; and (g) title to any real property advertised on the Website.

For any liability that cannot be excluded, but which can be limited, homesales limits its liability to, at its option: (a) replacing or repairing the relevant goods; (b) supplying goods equivalent to the relevant goods; (c) supplying the relevant services again; or (d) paying the cost of such replacement, repairs or supply.

For all other claims or liability, the maximum liability of homesales and its related bodies corporate for any loss, damage, claim, cost or expense howsoever arising, whether in breach of contract, tort (including negligence) or under statute, in connection with these terms and conditions, the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website will, to the full extent permitted by law, be limited to $10 for an aggregate of all claims.

To the full extent permitted by law, homesales will not in any case be liable for any direct or indirect lost profit, exemplary or punitive damages, loss of data, deletion or corruption of electronically or digitally stored information, damage to any computer system, or incidental, consequential or special damages arising out of or in connection with the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website.

13. INDEMNITY

You indemnify homesales, its officers, directors, employees and sub-contractors in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether in contract, tort (including negligence) or under statute, in connection with any of the following: (a) any unlawful, negligent or wilful act or omission by you; and (b) without limiting the foregoing, any claim that your use of the Website or any User Material infringes the rights of any person (including intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

14. SUSPENSION AND TERMINATION

We may, without notice or liability to you or any person and at our sole discretion: (a) change or remove any Content or information that is provided or made available through the Website, including if we believe that it violates these Terms and Conditions, any of our policies or any law; (b) change, withdraw, suspend or discontinue the Website or any functionality or feature of the Website; and/or (c) maintain, delete or destroy all Content and materials provided or made available through the Website.

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

You may suspend or terminate these Terms and Conditions at any time by ceasing to use the Website.

15. SUBCONTRACTING AND OFFSHORING

homesales may subcontract the performance of all or any part of its obligations under these Terms and Conditions. homesales may also perform all or any part of its obligations under these Terms and Conditions outside Australia.

16. GENERAL
17. a) Notice

If homesales is required to give you a notice in writing under these Terms and Conditions, homesales may give this to you by: (i) posting the notice on the Website; (ii) emailing the notice to the email address last provided to homesales by you; or (iii) posting the notice to the postal or other street address last provided to homesales by you.

1. b) Variation

homesales 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 homesales updates or changes these Terms and Conditions, then you will be taken to have agreed to these Terms and Conditions as updated or changed. Since you are bound by these Terms and Conditions, you should periodically check these Terms and Conditions.

1. c) Waiver

homesales will not be considered to have waived a right or remedy under these Terms and Conditions unless it has done so in writing. If homesales delays or fails to enforce a right or remedy under these Terms and Conditions, then you agree that homesales is not prohibited from enforcing that right or remedy at a later date.

1. d) Severability

To the extent that any part of these Terms and Conditions is illegal, invalid, void, voidable or unenforceable, then that part shall be severed from these Terms and Conditions and the remaining parts of these Terms and Conditions will continue in full force and effect.

1. e) Governing law and jurisdiction

These Terms and Conditions are governed by and must be construed in accordance with the laws applicable in the State of NSW, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.

1. f) Entire agreement

These Terms and Conditions constitute the entire agreement between you and homesales in respect of 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 amendment to or replacement of them; (ii) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (iii) a reference to a party includes a reference to the party’s executors, administrators, successors and assigns; (iv) the singular includes the plural, and vice versa; (v) a reference to a person includes a natural person, corporation, statutory corporation, partnership, Government Agency, the Crown and any other organisation or legal entity and their permitted novatees, permitted assignees, personal representatives and successors; and (vi) “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.

1. h) Definitions

Capitalised terms used in these Terms and Conditions have the meaning given to them in these Terms and Conditions.