1. Acceptance of Terms of Use
Auction AlSahraa is an online auctions application operated by EBTKAR AUCTIONS L.L.C.and its
affiliates (referred to as “Auction AlSahraa” or “we”), Content (as defined in Clause 3 below) is
uploaded by Auction AlSahraa and other users of the application.
These are the terms on which Auction AlSahraa allows you to access and use the application, whether as a
guest or a registered user. Please read these Terms of Use carefully before you start to use the
application.
By accessing and using the application, you are accepting these Terms of Use and agreeing to abide by
them. If you do not agree to these Terms of Use, then you are not permitted to use the application.
2. Auction AlSahraa's Proprietary Rights.
You agree that Auction AlSahraa (or its affiliates, as the case may be) is the owner or the licensee of
all intellectual property rights in the application, and the application itself is a collective work
and/or compilation solely owned by Auction AlSahraa. The application is protected by copyright laws and
treaties around the world.
You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, and encumber any aspect
of the application or any Content (as defined in Clause 3 below).
You also may not modify or create derivative works of any aspect of the application or any content (as
defined in Clause 3 below), other than with respect to your own Content (as defined in Clause 3 below).
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code
contained in the application or any software or database connected to the application.
3. Content
"Content" refers to any listing, forums, event listings, reviews, postings, messages, text, files,
images, photos or any other material posted on the application. By posting Content on the application:
You grant Auction AlSahraa the non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to use, copy, reproduce, distribute perform, display, modify or create derivative
works of the Content perpetually and for any lawful purpose Auction AlSahraa sees fit. You warrant that
the holder of any rights, including moral rights in such Content, has completely and effectively waived
all such rights and validly and irrevocably granted to you the right to grant the license in the
preceding sentence;
You permit any other user of the application to access, display, view, store and reproduce such Content.
You grant Auction AlSahraa the right to prohibit the subsequent access, storage and reproduction or use
of said Content by any party to any extent Auction AlSahraa sees fit.
Auction AlSahraa is not responsible for, and no reliance should be placed, in any way on any Content
posted, transmitted through or linked to the application.
Auction AlSahraa reserves the right to:
(1) refuse to share or display;
(2) move; or
(3) delete any Content posted on the application.
Auction AlSahraa aims to update the application regularly, and may change the Content at any time. Any
of the Content may be out of date at any given time, and we are under no obligation to update such
material.
4. Links to Third Party Sites
Where the application contains links to other sites and resources provided by third parties, these links
are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them.
5. Notification of Claims of Infringement
It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the UAE.
Auction AlSahraa is not responsible for any Content submitted by a user that infringes another’s
proprietary rights. If you are aware of any Content that you believe infringes on yours or a third
party’s proprietary rights, please (contact us). Please include in any such notice:
A link to the alleged infringing material;
A description of the alleged infringing material;
A statement contesting that the copyrighted material was not posted by the holder or permitted
Your contact details (including email address);
Your signature (physical or electronic).
Auction AlSahraa may, but is under no obligation to screen or monitor any Content. If notified of
Content which allegedly does not conform to these Terms of Use or infringes a third party’s proprietary
rights, Auction AlSahraa may investigate the allegation and determine in its sole discretion whether to
remove or request the removal of the Content. Auction AlSahraa has no liability or responsibility to
users for performance or non-performance of such activities.
6. Privacy Policy
Auction AlSahraa respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy found here: Privacy Policy. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.
7. Access to the application and the links to it
The right granted to you by Auction AlSahraa to access the application is not based on a comprehensive
and final basis but on a temporary and irrevocable basis. Auction AlSahraa reserves the right to
withdraw or modify the right to access the application without notice.
Auction AlSahraa assumes no liability or liability if the application becomes unavailable for any reason
whatsoever and for any period whatsoever.
Web crawler programs, such as “robots”, “spiders”, “scrapers”, and others, may not be used to enter the
website, gather information for any purpose, or to copy the content or download it in any other manner.
A limited exception to this is granted to search engines for the purpose of indexing and non-profit
archiving agencies; however, no such permission is given to websites that offer classified lists.
You are not allowed to harvest or otherwise collect information about others, including email addresses,
without their consent.
You may place an interactive link on your website leading to this application or to material published
in it for non-commercial use as long as you do so in a fair and legitimate manner and do not abuse or
damage the reputation of Auction AlSahraa (or anyone associated with Auction AlSahraa).
You may not create an interactive link in a misleading manner or imply that there is any link, approval
or endorsement from Auction AlSahraa or any other party, while this does not actually exist.
You may not take the design frame of the Site or App and place it on any other website or App.
Auction AlSahraa reserves the right to withdraw or modify the above mentioned link without prior notice.
The application or website where you link to must comply with all content standards set out in these
Terms of Use.
You may not use any program to post ads automatically, but your ad must be manually added.
8. Limitations on Your Usage of the application
Auction AlSahraa may establish any limitations, in our sole discretion, on your usage of the application or website, including, but not limited to, limitations on the length of time that Content may remain on the application, the file size of an individual item of Content, number of items of Content that can be posted.
9. Conduct & Acceptable Use; No Spam
You agree to not post, email, or make available through the application any Content that:
Is unlawful, harmful, threatening, abusive, defamatory, libelous, and invasive or any information
harmful to minors;
Is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
Is pornographic or any kind of nudity, sexually explicit or perverse content;
Is anti-Islamic or in any way derogatory towards Islam;
Is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other
grouping of individuals;
Impersonates any another person;
Includes personally identifiable information about another person without their permission;
Is false or deceptive;
Solicits the sale of goods or services, except when
(1) posted in the appropriately designated area of the application for such sales, or
(2) emailed to another user of the application who expressly wish to be contacted by you;
Includes links to other applications, except when (1) expressly approved by Auction AlSahraa in writing,
and (2) posted in a posting uploaded by you in the appropriately designated area;
Advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you
are selling the product from or to;
Violates any applicable international, federal, national, local copyright, patent, trademark or other
intellectual property laws;
Contains any software viruses, trojans, worms, logic bombs or other material which is malicious or
technologically harmful;
Disrupts the normal flow with an excessive number of messages; or
Uses misleading contact details to disguise the true origin.
You further agree not to:
Contact people who do not wish to be contacted;
Stalk or harass other users of the application;
Collect personal information about users for commercial or unlawful purposes;
Post Content that is irrelevant or unrelated to the category or discussion thread where such Content is
posted;
Post the same good or service in more than two categories;
To post, email, make available through the application or contact Auction AlSahraa or any other users of
the application with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email
advertisements; or
Attempt to gain unauthorized access to the application, the servers on which the application is stored
or any server, computer or database connected to the application and website.
For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and
Auction AlSahraa reserves the right to
(1) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in
contradiction to applicable laws or regulations without notice; and
(2) take necessary steps to prevent persons who post content and/or conduct themselves in contravention
of this Clause 9 from accessing the application and website.
10. Dealings with Third Party Organization and Individuals
Auction AlSahraa operates the application as an online community portal for buyers, sellers, consumers
and community members. Auction AlSahraa does not sell any item listed on the application directly and is
never a party to any transaction between buyers and sellers.
As a result, Auction AlSahraa does not
(a) Guarantee or ensure any item listed on the application or any transaction between a buyer and
seller,
(b) Collect or process payment or transfer of title on behalf of buyers or sellers, or
(c) Warehouse, store, ship or deliver any item listed on the application.
Furthermore, Auction AlSahraa is not responsible for, nor holds itself out as promoting, any interaction
or dealing between you and 1 or more other user(s) of the application, and Auction AlSahraa will not be
liable in any way for any such interactions or dealings.
You will not hold Auction AlSahraa responsible for other users' Content, actions or inactions, items
they list or the destruction of allegedly fake items. While we may help facilitate the resolution of
disputes, Auction AlSahraa is not obliged to participate in any dispute between you and other user(s) of
the application. We have no control over and do not guarantee the quality, safety or legality of items
advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items,
the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction
or return an item. For certain categories, particularly motor vehicles and real estate, an offer
initiates a transaction representing a buyer’s serious expression of interest in buying the seller’s
item and does not create a formal contract between the buyer and the seller.
You acknowledge that Auction AlSahraa does not monitor, verify or approve Content, and that you are
solely responsible for evaluating and verifying the accuracy of any Content posted on the application.
11. Disclaimer of Warranties
You use the application at your own risk.
The application is provided without warranty and is provided on an “as is, as available” basis.
Auction AlSahraa hereby disclaims any representations or warranties of any kind, whether oral or
written, whether express, implied, or arising by statute, custom, course of dealing or trade usage, with
respect to the application or any services provided hereunder. Notwithstanding the generality of the
foregoing, Auction AlSahraa specifically disclaims the following with respect to the application:
Implied warranties or conditions of title, merchantability, fitness for a particular purpose, or
non-infringement of any service or good acquired by you from a third party;
Of the accuracy, timeliness, security and performance of the application; or
Freedom from any Errors or Viruses, Trojans, Worms, Logic Bombs or other material that is malicious or
technologically harmful.
12. Limitation of Liabilities
To the maximum extent permitted by applicable law, Auction AlSahraa hereby expressly excludes any
liability for any damages whatsoever (including, without limitation, direct, indirect, special,
punitive, incidental or consequential loss or damage incurred by any user in connection with the
application or in connection with the use, inability to use, or results of the use of the application,
any applications linked to it and any materials posted on it, including, without limitation any
liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of
anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other
loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable.
In particular, Auction AlSahraa is not liable for any damages or losses resulting to you or a third
party from:
The use or the inability to use the application;
The use or the inability to use the application;
Any Content displayed on the application; or
A distributed denial-of-service attack, viruses or other technologically harmful material that may
infect your electronic equipment, computer programs, data or other proprietary material due to your use
of the application and website or to your downloading of any material posted on it, or on any
application linked to it.
13. Indemnity
You agree to indemnify, defend and hold harmless Auction AlSahraa, its shareholders, officers, directors, employees, and agents from any claims, actions, demands, damages, losses or attorney fees alleging or resulting from your use or misuse of the application or any Content, your breach of these Terms of Use, your violation of any third party’s proprietary rights, or any disputes between you and one or more users connected to or arising from the application in any way.
14. Termination of Access to the application
Auction AlSahraa reserves the right to block you or terminate you from accessing the application for any
breach of these Terms of Use at any time without any notice.
Auction AlSahraa reserves the right to delete any of your Content from the application at any time.
Auction AlSahraa is not liable to you or a third party for any termination of your access to the
application or deletion of your posted Content.
You agree not to try to use the application after said termination.
15. Violations of Terms of Use
Please notify us if you become aware of any violations by third parties of these Terms of Use.
16. Enforcement of Terms of Use
Auction AlSahraa reserves the right to take steps Auction AlSahraa believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any of these Terms of Use (including, but not
limited to Auction AlSahraa’s right to cooperate with any legal process relating to your use of the
application, and/or a third party claim that your use of the application is unlawful and/or infringes
such third party’s rights).
You agree that Auction AlSahraa has the right without liability to you to disclose any registration data
and/or account information to law enforcement authorities, government officials and/or third parties, as
Auction AlSahraa believes is reasonably necessary or appropriate to enforce and/or verify compliance
with any of these Terms of Use (including, but not limited to Auction AlSahraa’s right to cooperate with
any legal process relating to your use of the application, and/or a third party claim that your use of
the application is unlawful and/or infringes such third party’s rights).
17. General
You agree that the fact that these Terms of Use are in electronic format does not affect in any way
their validity or enforceability.
These Terms of Use (together with any Prepaid Listing Account Booking Form) constitute the entire
agreement between you and Auction AlSahraa regarding its subject matter and supersede any
contemporaneous or prior oral or written agreements, representations, understandings or discussions
between you and Auction AlSahraa, whether implied or express.
Auction AlSahraa’s delay or failure to exercise a right or act on a breach of these Terms of Use does
not waive our right to do so in the future. The provisions of these Terms of Use shall be deemed
severable, and if any provision is determined to be illegal or invalid under applicable law, such
provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal,
valid and binding.
You may not assign any part of these Terms of Use without Auction AlSahraa’s express written permission.
Auction AlSahraa may assign these Terms of Use immediately and posting a notice of such assignment
reserves the right to edit, revise or reject, delete any advertising.