Terms and Conditions

Last Updated: [JULY 2023]

Welcome to Major Properties LLC (“we,” “our,” or “us”). These terms and conditions (“Terms”) govern your use of our website and services. By accessing or using our website, engaging with our services, or entering into any transactions with us, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our website or services.

1. Use of Website and Services:

a. Eligibility: You must be of legal age to enter into binding contracts to use our services. By accessing our website or using our services, you represent and warrant that you have the legal capacity to do so.

b. Website Content: The content provided on our website is for general informational purposes only and does not constitute professional advice. We make reasonable efforts to ensure the accuracy and reliability of the information presented, but we do not warrant or guarantee its completeness or accuracy.

c. Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our website and its content for personal and non-commercial purposes. This license does not permit the distribution, reproduction, or modification of the content without our prior written consent.

2. Property Listings and Transactions:

a. Property Information: Property listings and related information on our website are subject to change without notice. We strive to provide accurate and up-to-date information, but we do not guarantee the completeness or accuracy of property details. It is your responsibility to verify property information before making any decisions.

b. Real Estate Services: If you engage with us for real estate services, such as property purchase, sale, or rental, additional terms and agreements may apply. Such terms will be provided to you separately and will be binding upon agreement.

3. Privacy Policy:

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

4. Intellectual Property:

a. Website Content: All content, graphics, logos, and trademarks on our website are the property of Major Properties LLC or its licensors and are protected by applicable copyright and trademark laws. You agree not to use, modify, or reproduce any of our intellectual property without our prior written consent.

b. User Content: If you submit any content to our website, such as reviews or comments, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for any purpose.

5. Limitation of Liability:

a. Disclaimer: Our website and services are provided on an “as is” and “as available” basis. We make no representations or warranties, express or implied, regarding the website’s availability, functionality, or accuracy of information. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

b. Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising out of your use of our website or services or violation of these Terms.

**Terms and Conditions: Online Property Reservation**

**1. Online Application and Reservation: **

Any purchaser interested in reserving a property through online booking (the “Purchaser”) shall provide and submit complete and accurate contact information and documents, as required on/by the online booking application form (the “Online Application”).

**2. Property Reservation Deposit: **

After the Purchaser has selected their property of choice through the Online Application (the “Property”), the Purchaser shall pay a non-refundable deposit of AED 37,000/- (Thirty-Seven Thousand Arab Emirates Dirham) (the “Deposit”) by credit card to reserve the selected Property (the “Reservation”) for a period of (5) five calendar days (the “Reservation Period”), starting from the date the Deposit was made.

**3. Offer to Purchase and First Instalment: **

Before the expiry of the Reservation Period, the Purchaser shall sign the offer to purchase of the Property (the “Offer to Purchase”) as per the terms and conditions of the vendor of the Property (the “Vendor”). The Purchaser shall submit the signed Offer to Purchase to the Vendor and pay in full to the Vendor the first instalment (the “First Instalment”) of the purchase price of the Property (the “Purchase Price”) in the amount and by means of payment determined by the Vendor in its absolute discretion. The Deposit may, at the Vendor’s absolute discretion, be applied towards the First Instalment, and the difference between the Deposit and the First Instalment will need to be paid by the Purchaser before the expiry of the Reservation Period or applied to the subsequent instalments of the Purchase Price.

**4. Binding Agreement and Termination: **

Until the signing of the Vendor’s sales and purchase agreement of the Property (the “SPA”), the Offer to Purchase shall constitute a binding and enforceable contract on the Purchaser to purchase the Property. The Purchaser unconditionally, irrevocably, and finally agrees to purchase the Property from the Vendor at the Purchase Price and in accordance with the payment schedule determined by the Vendor, in its absolute discretion. If the Purchaser fails to sign the Offer to Purchase and/or pay the First Instalment in full within the Reservation Period for any reason whatsoever, the Reservation shall automatically terminate (unless the Vendor decides otherwise at its absolute discretion) upon the expiry of said period, and the Deposit shall be forfeited by the Vendor, without the need for any notice, court judgment, or any other proceedings (legal or otherwise).

**5. Vendor’s Termination Rights: **

The Purchaser irrevocably and finally acknowledges, accepts, and agrees that during the Reservation Period and/or during a period of (120) one hundred twenty days from the date of signing of the Offer to Purchase, the Vendor may decide not to proceed with the sale of the Property at any time, and may terminate the Reservation and/or the Offer to Purchase without the need to disclose the reason for termination, and without the need for any notice, proceedings (legal or otherwise), and/or court judgment, and without any liability whatsoever on the Vendor. In case of such termination, the Vendor shall refund the paid Deposit and/or the paid First Instalment, as applicable, to the Purchaser without any interest and without any other compensation of any kind. The Purchaser hereby explicitly and finally waives any rights to claim any interest or compensation in respect of the foregoing that might be provided/allowed under any applicable laws.

**6. Non-Refundable Deposit and Non-Transferability: **

Except in the case of termination by the Vendor in accordance with Clause (4) above, the Deposit and/or the First Instalment, as applicable, are not refundable to the Purchaser for any reason whatsoever. The Reservation and/or the Offer to Purchase are not transferable or assignable and cannot be used to purchase the Property in the name and/or for the benefit of third parties. Any such purchase, attempted transfer, or assignment will be considered null and void. For the avoidance of doubt, and without any limitation, real estate agents/agencies are not allowed to reserve through the Online Application any Property in favor or for the benefit of any of their clients.

**7. Additional Charges: **

In addition to the Purchase Price, and unless otherwise agreed upon between the Vendor and the Purchaser under the Offer to Purchase or the SPA, the Purchaser agrees to pay at the first request of the Vendor all pre-registration and/or final registration charges and any other related amounts and fees, as may be levied by the relevant Land Department and registration trustees from time to time, for the transfer and registration of the Property with the relevant Land Department. The pre-registration and/or final registration charges may be changed by the Land Department and/or the Vendor from time to time, and the Purchaser undertakes to pay any additional or changed charges.

**8. Signature of SPA and Resale Restrictions: **

The Purchaser shall sign the SPA no later than (5) five working days from the date on which the Purchaser is notified by the Vendor to sign the SPA. For the avoidance of doubt, the signature of the Purchaser on the SPA shall not affect the rights of the Vendor under the above Clause (4). If the Purchaser fails to sign the SPA within the prescribed period for any reason whatsoever, the Offer to Purchase shall automatically terminate upon the expiry of the said period, and the Deposit and the First Instalment shall be forfeited by the Vendor, without the need for any notice, court judgment, or any other proceedings (legal or otherwise). The Purchaser acknowledges and agrees that the SPA may contain provisions that the Property shall not be subject to resale prior to the handover of the Property, unless the prior written approval of the Vendor is obtained.

**9. Default and Termination by Vendor: **

Failure of the Purchaser to purchase the Property and pay any and all payments towards the Purchase Price and any other related fees, charges, and expenses, shall entitle the Vendor to immediately and automatically terminate the sale and forfeit the Deposit and the First Instalment, without the need for any notice, court judgment, and/or any other proceedings (legal or otherwise). This is without prejudice to the

Vendor’s right to recover any additional amount from the Purchaser as compensation.

**10. Applicable Terms and Conditions: **

All other terms and conditions of the Vendor, the Offer to Purchase, SPA, and/or any other documents issued by the Vendor, at its absolute discretion, shall apply to the sale of the Property.

**11. Non-Binding Nature of Online Application: **

Neither the online posting of any Property nor the Online Application or the Reservation constitute a binding agreement of sale from the Vendor or a promise to sell from the Vendor. Only the signature by the Vendor on the SPA shall constitute an approval by the Vendor to sell the Property to the Purchaser. The sale of any Property is subject to approval by the Vendor, at its absolute discretion, and the agreement by the Purchaser of the Vendor’s terms and conditions of sale.

**12. Property Area Approximation: **

The area of the property under the Online Application is approximate only and subject to change.

**13. Compliance and Obligations: **

The Purchaser agrees to comply with all regulations, laws, and requirements in all relevant jurisdictions (inter alia all relevant exchange control requirements) and obtain all licenses, consents, or permissions required to enter into and perform their obligations under the Reservation, the Offer to Purchase, the SPA, and/or under any document executed or to be executed in connection therewith.

**14. Legitimate Source of Funds: **

The Purchaser guarantees, at the Purchaser’s sole responsibility, that all payments of any kind made under or pursuant to the Online Application are paid by funds of legitimate source and that the same are not the proceeds of any crime or illegal activity.

**15. Agreement to Terms and Conditions: **

The Purchaser hereby represents and warrants to the Vendor that they have read, understood, and agreed to all the terms and conditions hereunder and of the Reservation, and they are entering into a transaction with the Vendor at their own risk, responsibility, and liability. The Vendor, its parent company, their affiliates and subsidiaries, their respective shareholders and partners, directors, employees, agents, and representatives shall not be held responsible or liable in any manner whatsoever for any loss, costs, damages, or liabilities whatsoever incurred and in any way related to or connected thereof, whether now or in the future, and the Purchaser irrevocably and unconditionally discharges and releases them from all such obligations and liabilities.

**16. Information Collection and Use: **

The Purchaser irrevocably and finally agrees and authorizes the Vendor (including its parent company, their affiliates and subsidiaries, and associated joint venture companies) (together the “Group”) to collect, transfer, store, and use the Purchaser’s information for any legitimate purpose, inter alia, for internal record keeping, to contact the Purchaser either directly or through any third-party service provider, and/or to comply with any legal requirements. The Purchaser accepts and agrees that although the Group employs security measures to protect the information of its customers, the Group cannot guarantee that the security measures will protect against the loss or misuse of the Purchaser’s information and, accordingly, the Group shall bear no responsibility of any kind in respect thereof.

**17. Right to Amend and Terminate: **

The Vendor and/or its parent company reserve the right at any time and at their absolute discretion, to amend these Terms and Conditions from time to time or cancel/suspend the online application process/portal, without the need for any notice and without any liability whatsoever.

**18. Additional Terms and Conditions: **

Additional terms and conditions of the Vendor may apply.

**19. Governing Law and Jurisdiction: **

The Online Application is governed by the laws of the Emirate of Dubai, Emirate of Sharjah and the federal laws of the United Arab Emirates. All disputes in respect of the Online Application shall be referred to Dubai Courts. For the avoidance of doubt, the Dubai International Financial Centre laws and courts are excluded.

6. Modification of Terms:

We reserve the right to update or modify these Terms at any time without prior notice. The updated Terms will be posted on our website with the effective date. Your continued use of our website or services after such modifications signifies your acceptance of the updated Terms.

7. Termination:

We may, in our sole discretion, suspend or terminate your access to our website or services without prior notice and for any reason, including if we believe that you have violated these Terms or engaged in any unlawful activities.

8. Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of Dubai – UAE. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of UAE Law

If you have any questions or concerns regarding these Terms, please contact us at:

Major Properties LLC
Fairmont Dubai Office Tower, 717
Fairmont Hotel
Sheikh Zayed Road
Dubai, UAE
Email: info@major-properties.com
Phone: +971 4 547 1046

By using our website or services, you agree to abide by these Terms. Please read these Terms carefully and review them regularly for updates.

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