Terms and conditionsFor Users For Agents For Advertisers
Terms & Conditions for Users
Terms & Conditions for Users
We", "Our", "Us" refers to eSimsar.com trading as "AL Bahith AL Maloumaty Real Estate Co." CR number/1010406346/ located in Riyadh-KSA and it refers to its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our website" refers to eSimsar.com.
By accessing this website, you are agreeing to be bound by the legal Terms and Conditions of use posted on this website, and all applicable laws and regulations besides that, you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trade mark law.
Licenses & restrictions
Permission is granted to temporarily download copies of the materials (information or software) on eSimsar.com's website for personal, non-commercial transitory viewing only. This is the grant of license, not a transfer of title, and under this license you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on eSimsar.com's website.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by eSimsar.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
We are not an estate agency but we provide a service whereby agents may market and you may view property details ('Details') together with other content hosted and developed by us. Agents are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
Details are hosted by us in good faith but are produced directly by agents and have not been verified by us.
You are responsible:
- For making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- For checking, confirming and satisfying yourself as to the accuracy of any Details.
- For instructing a surveyor and obtaining legal advice before committing to any purchase.
- For ensuring that you act in good faith towards any other parties.
In no event shall eSimsar.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on eSimsar.com's Internet site, even if eSimsar.com or a eSimsar.com authorized representative has been notified orally or in writing of the possibility of such damage.
Revisions and errata
The materials appearing on eSimsar.com's website could include technical, typographical, or photographic errors. eSimsar.com does not warrant that any of the materials on its website are accurate, complete, or current. eSimsar.com may make changes to the materials contained on its website at any time without notice.
Availability of website
We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.
Links & third parties
Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
The materials on eSimsar.com's website are provided "as is". eSimsar.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, eSimsar.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this website.
- Any claim relating to eSimsar.com's website shall be governed by the laws of the Kingdom of Saudi Arabia without regard to its conflict of law provisions.
- eSimsar.com clients are licensed real estate brokers and developers. Our advertisers are contractually obligated to only list properties that are available for sale or lease with the proper authority from the owner. Properties listed on eSimsar.com should be a fair and accurate portrayal of the property itself and the proposed transaction.
- To report any suspected fraudulent or misleading property postings on our website please send us an email with the details to abuse@eSimsar.com.
Terms & Conditions for Agents
“we", "our", "us", “eSimsar.com” means El Baheth Al Maloomati Co. and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"you", "your" or "the Client" means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm, developer and hotel apartment provider and a user of the Service.
“Content” means any and all content, listing details and materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website.
“Fee” means the amount due to us by you under the Subscription Order.
“Membership” means your entitlement to the Services (under a Contract) subject to these conditions.
"Service" includes but is not limited to any of the following services for a Member or a combination thereof depending on the membership package chosen in the Subscription Order:
- a process that will facilitate your uploading and managing your own properties’ listings and property developments;
- brand booster for agents who want to increase their brand exposure to all buyers and sellers by having their logo presented on all their properties’ listings on the search results pages and on all properties’ listings sent by e-mail alerts;
- online banner advertising and banner ad impressions that appear on our Website on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;
- micro-website and advertising banner creative development services;
- having your properties signified as "Featured and/or Premium" on our Website to improve their ranking for added exposure;
- having your properties rotated through the top position(s) via our "Smart Ads" product;
- a process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product;
- the process of having your properties and company profile appear on affiliated print publications such as "Prestige Magazine";
- inclusion of your properties in e-mail alerts;
- your agency details and logo listed in the ‘Find an Agent’ section;
- website and banner design services; and
- email marketing campaigns.
- if you are contracting online, the online subscription confirmation and the confirmation order; or
- the hard copy order form you receive from us,
"Website" means eSimar.com.
- by pressing the “Confirm Order” button when submitting an online Subscription Order; or
- by signing a hard copy Subscription Order.
- you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
- that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
3. Your obligations
- not act as a consumer in relation to the Membership;
- only advertise properties that are currently available for purchase or lease within the Kingdom of Saudi Arabia or countries permitted by your Subscription Order;
- be the holder of a current license as a real estate broker, hotel apartment provider or real estate developer in the Kingdom of Saudi Arabia or country or any further region, emirate, providence, state or otherwise, to which your use of the Service relates, in accordance with the laws, rules, and regulations you are subject to;
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any website other than our Website, without our prior written consent;
- abide by any applicable rules and regulations related to electronic transactions and commerce;
- comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
- in your use of the Service, comply with all applicable laws;
- not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
- be responsible for the integrity of the Content and ensure that it is in all respects true, complete and accurate to the best of your knowledge and belief. You will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
- within seventy two (72) hours of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market (whichever occurs first), you will either:
- alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” "sold" or “let” (as appropriate) on the Website; or
- you will remove the property from the upload provided to us so that it is no longer displayed on the Website;
- have the authority to market the properties in the Content, and the properties listed by you in the Content are only listed (including any associated offices in your real estate group) once;
- hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and you have authority to grant and you hereby grant us a license of the Content on the terms set out in clause 3.3(b);
- not use our name or any logos, trade or services marks of ours in a defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute, nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
- provide a contactable telephone number. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will not take any action that would interfere with such monitoring, and you agree that we and our suppliers may record all telephone calls for the purposes of monitoring; and
- ensure that only your authorized persons have access to the Services and that where you provide Content you will only do so in a format compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as laid out, and not to use these areas to advertise ancillary company information.
- Content submitted through the Service by you refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
- no other person, authorized or otherwise, makes use of your Membership; and
- you do not make any promotional or merchandising reference to us or our Website without our prior express written permission.
- you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
- by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, reproduce, display, sell, publish, copy, license to other persons, use and adapt for any purpose and otherwise use the Content or data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This license shall survive termination of the Contract. You agree that we will not be required to, identify you as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed;
- we are not under any obligation to monitor or censor the Content generated by you or any such users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you, we may remove, cause to be removed, amend or decline to display any Content on the Website;
- we are not responsible for the Service's content or for any errors or omissions in any property data provided by or on behalf of you and we make no warranty nor any representations about the accuracy of the Service;
- you are responsible for updating your listings to follow the eSimsar.com image guidelines. We reserve the right to penalize any images content we deem unfitting;
- systems or technological failure may impede or prevent access to all or any part of the property data;
- you authorize us to use any pictures of you (or any of your agents that are employees of your firm) on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
- you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our Website, whether or not such access has been arranged by us;
- you are responsible for the security and integrity of your data;
- you are responsible to obtain and possess any necessary permits to market and publish listings on the Website. Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility on your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
- you acknowledge that transmission of data over the Internet can be subject to errors and delays. We will not be responsible for any such errors or delays;
- we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media; and
- we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content).
4. Agreement Term, Suspension or Termination of Service
- you fail to pay any fees or charges due to us by the due date, or fail to provide any security cheques as stipulated in the Contract;
- you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- any material supplied by you is false, misleading, offensive, or against public policy;
- any material supplied by you is unlawful or violates any copyrights, trademarks, or other rights of any third party;
- you have engaged in any unlawful actions while using or accessing our Services and/or the Website. Such actions shall be subject to sanctions and limitations as determined in our discretion.
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, the partnership is dissolved or an application to dissolve the partnership is filed, or if you are a company, the company iswound up or an application for winding up is filed.
5. Packages, Fees and Payment
6. Refund policy
7. Limitation of Liability and Indemnity
- exclude all conditions and warranties implied into the Contract;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or royal decree to the amount paid to us by you under the Subscription Order.
- any breach by you of your obligations under your Contract with us; or
- any delay in performance or breach of your Contract by you which arises as a result of any matter beyond our control (including but not limited to viruses, other defects or failure of the server hosting our Website).
Terms & Conditions for Advertisers
Terms & Conditions for Advertisers
We", "Our", "Us" refers to eSimsar.com website trading as "AL Bahith AL Maloumaty Real Estate Co." CR number/1010406346/ located in Riyadh-KSA and it refers to its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our website" refers to eSimsar.com.
"You", "Your" or "the Client" refers to you as the user of our internet service ("The Service"- "Service"- "Services").
"The Services" may include the following:
- Online banner advertising run on our website.
- Email marketing campaigns.
- Micro-website & advertising banners.
The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service. Receipt of an "Advertising Agreement" signed by you will constitute your acceptance of the Terms and Conditions.
Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement.
All “month” references found in the Advertising Agreement, eSimsar.com media kits, eSimsar.com website, eSimsar.com branded marketing material or any other eSimsar.com written or verbal communications refer to a thirty (30) day period.
- Ensure that the material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction.
- Ensure that you do not make, arrange or authorize the insertion of any reference to us or our website in any document (including promotional or merchandising material) or on any website other than our website without our prior written consent.
- Abide by any applicable rules and regulations related to commercial transactions and e-commerce.
- Comply with all applicable laws and regulations in your use of the “Service”.
- Ensure that:
- Not make any promotional or merchandising reference to us or our website without our express written permission.
- Not let any person to use your own subscription with eSimsar.com and any such conduct is in breach of these agreed terms & conditions.
You acknowledge that:
- You have read and agreed to abide by all the legal terms and conditions posted on this website.
- By using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
- We are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so.
- We are not responsible for the Service's content or for any errors or omissions in any property data provided by you or on behalf of you.
- We are not responsible for any systems or technological failure that may impede or prevent access to all or any part of the data.
- You are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us.
- You are responsible for the security and integrity of your data.
- Transmission of data over the Internet can be subject to errors and delays.
- We will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
Term, Suspension or Termination of Service
Following the expiry of the Term, this agreement will end unless you renew this Agreement with Us.
Without limiting our other rights, we may immediately suspend or temporarily remove details of any property uploaded by you to our website or terminate this Agreement if:
- You fail to pay any fees or charges due to us by the due date.
- You breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification.
- Any material supplied by you is false or misleading.
- You enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or you die, or if you are in a partnership, that is dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities anyway.
Packages, Fees and Payment
Full payment in advance prior to the start date is the only acceptable form of payment for this Agreement, the current fees for the Service are specified in your "Advertising Agreement".
We offer a different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components.
You will be obliged to pay all taxes, custom duties, and any other fees or governmental financial benefits that may arise as a result of this Agreement whether the payment is past due or at any time in the future.
Limitation of Liability and Indemnity
To the extent permitted by under laws applicable in the Kingdom of Saudi Arabia we:
- Exclude all conditions and warranties implied into the Agreement.
- Exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits).
- Limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied.
- Limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
We are not responsible if any damage caused under this Agreement if it is caused by:
- Any breach of your obligations under this agreement.
- Any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.
- We may change these Terms and Conditions at any time on 30 days prior written notice.
- You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
- No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
- A notice must be sent by e-mail, prepaid post or facsimile to your or our last known address.
- You must not assign the Agreement without our written consent.
- The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
- The laws of the Kingdom of Saudi Arabia apply.
- You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia in the event of a legal dispute.
- If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.