Positioned Top Classifieds provides digital advertising and chat services (collectively the “Services”) on the Positioned Top Classifieds website at positioned.marketing and the mobile application of the online platform (collectively the “Website”). Your use of the Website and the Services is governed by these Terms of Service.
These Terms of Service provide you with information about the terms upon which we agree to provide, permit and allow you to access and use the Website. Please print a copy of these Terms of Service and refer to it as you use our Systems and Services. You agree to be bound by these Terms of Service if you continue using the Website. If you do not agree to these Terms of Service, you must immediately refrain from using the Website and the Services.
We may make changes to the Terms of Service and will notify you of these changes by changing the date “last modified” above. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOU’RE CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY CHANGES.
If you are a company advertising on positioned.marketing you will be required to enter additional terms and conditions set out in our Advertising Order Form, however, please note that these Terms of Service will still apply and must be read in conjunction with any other agreement you enter with Positioned Top Classifieds.
1. Acceptance of these Term of Service
1.1 The Website and the Service are provided to you subject to these Terms of Service (these "Terms"). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website.
1.2 By accessing and/or using the Website and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Positioned Top Classifieds’s sole discretion.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Positioned Top Classifieds or the Service in any way, you must immediately discontinue use of the Website and the Service.
1.4 These Terms may be updated by Positioned Top Classifieds at any time at its sole discretion. It is your responsibility to keep a copy of these Terms and check the date “last modified” at the top of this page.
1.5 Positioned Top Classifieds may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with Positioned Top Classifieds. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
1.6 The term "affiliates" as referred to in Sections 10 and 20 of these Terms means: any company controlled or owned by Positioned Top Classifieds; any company commonly controlled or owned with Positioned Top Classifieds; or any group entity jointly offering the Service.
2. Description of Service and Content Policy
2.1 This Section 2 has important legal consequences for you. In this section: - the legal responsibilities and liabilities of Positioned Top Classifieds are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against Positioned Top Classifieds are limited or excluded. The statements made in this section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Positioned Top Classifieds and/or other persons may have claims and other rights against you as a result of these statements.
2.2 positioned.marketing is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Positioned Top Classifieds is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Positioned Top Classifieds is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the Website at your sole risk and responsibility.
2.3 You understand that Positioned Top Classifieds is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Positioned Top Classifieds be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. Positioned Top Classifieds is not obliged to pre-screen or approve any Content, but Positioned Top Classifieds has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Positioned Top Classifieds’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Positioned Top Classifieds. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, Positioned Top Classifieds makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and Positioned Top Classifieds disclaims all liability thereto.
2.4 You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Positioned Top Classifieds to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Positioned Top Classifieds an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Positioned Top Classifieds's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Positioned Top Classifieds in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Positioned Top Classifieds all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Positioned Top Classifieds remove or delete such Content from the Website.
2.5 Positioned Top Classifieds does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Positioned Top Classifieds expressly disclaims any and all liability in connection with user Content. Positioned Top Classifieds does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Positioned Top Classifieds may, at its sole discretion, remove any infringing Content. Positioned Top Classifieds reserves the right to remove any Content without prior notice. Positioned Top Classifieds may also terminate a user's access to the Website. Further, at its sole discretion, Positioned Top Classifieds reserves the right to decide whether any Content is appropriate and complies with these Terms.
3. Featured Ads
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
4.1 that violates any law or regulation;
4.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Positioned Top Classifieds all of the license rights granted herein;
4.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
4.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
4.5 that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
4.7 that includes personal or identifying information about another person without that person's explicit consent;
4.8 that impersonates any person or entity, including, but not limited to, a Positioned Top Classifieds employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
4.11 that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "bait marketing", "negative option marketing", "referral selling" or unsolicited advertisements of a commercial nature;
4.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to Positioned Top Classifieds users who have requested not to be contacted about other services, products or commercial interests;
4.13 that includes links to commercial services or Third Party Websites, except as specifically allowed by Positioned Top Classifieds;
4.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
4.15 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
4.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
4.17 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
4.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
4.19 make any libelous or defamatory comments or postings to or against anyone;
4.20 collect personal data about other users or entities for commercial or unlawful purposes;
4.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
4.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
4.23 post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
4.24 attempt to gain unauthorized access to computer systems owned or controlled by Positioned Top Classifieds or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
4.25 use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Positioned Top Classifieds's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
4.26 use any automated device or software that enables the submission of automatic postings on Positioned Top Classifieds without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
5. Paid Postings
5.1 Positioned Top Classifieds may charge a fee to post Content in some specific areas of the Service (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).
5.2 All Job ads that announce several positions in one ad will be deleted after 24h of their posting and no refund will be given. Within the first 24h of the posting, the user can edit the multiple-position ad to reduce it to one position. If the ad does not get edited to fulfill Positioned Top Classifieds's requirements, the ad will be deleted and no refund given.
6. Posting Agents
6.1 As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Positioned Top Classifieds prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Positioned Top Classifieds. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Positioned Top Classifieds.
7. Access to the Service
7.1 Positioned Top Classifieds grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Positioned Top Classifieds or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Positioned Top Classifieds may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Positioned Top Classifieds.
8. Notification of Claims of Infringements
8.1 If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Positioned Top Classifieds together with a request to Positioned Top Classifieds to delete the relevant Content in good faith. The notification and the request must contain the following information:
8.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
8.1.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
8.1.3 Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Positioned Top Classifieds to locate the material;
8.1.4 Information reasonably sufficient to permit Positioned Top Classifieds to contact you, such as an address, telephone number, and an electronic mail address;
8.1.5 A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
8.1.6 A signed statement that the intellectual property-owner hold Positioned Top Classifieds harmless from any claim of any third party in connection with the removing by Positioned Top Classifieds of the relevant content; and
8.1.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to: firstname.lastname@example.org.
9. Intellectual Property Rights
9.1 The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Positioned Top Classifieds, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Positioned Top Classifieds. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Positioned Top Classifieds reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. . You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
10. User Submissions
10.1 This Section 10 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. You accept that various things can go wrong when using the Website and/or the Service, and/or when viewing and/or using the Content. You take on the responsibility and liability of these events happening and will have no claim against Positioned Top Classifieds if they happen. When using the Website, you will be exposed to Content from a variety of sources, and that, as far as the law allows, Positioned Top Classifieds is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, and subject to Section 19, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Positioned Top Classifieds with respect thereto.
11.1 This Section 11 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. - you indemnify Positioned Top Classifieds and other persons against liability and claims.As far as the law allows, and subject to Section 19, you agree to defend, indemnify and hold harmless Positioned Top Classifieds, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential),, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, and subject to Section 19, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
12. No Spam Policy
12.1 This Section 12 has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Positioned Top Classifieds and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Positioned Top Classifieds email addresses or through Positioned Top Classifieds computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Positioned Top Classifieds may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the Positioned Top Classifieds e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Positioned Top Classifieds computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit, or contact our users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.
13. Dealings with Organizations and Individuals
13.1 This Section 13 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. As far as the law allows, and subject to Section 19, Positioned Top Classifieds shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Section 19, Positioned Top Classifieds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Section 19, you hereby release Duizzle, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
14. Limitation and Termination of Service
14.1 This Section 14 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. Positioned Top Classifieds may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. As far as the law allows and subject to Section 19, Positioned Top Classifieds has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. Positioned Top Classifieds reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Positioned Top Classifieds shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Positioned Top Classifieds, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, and subject to Section 19, you agree that Positioned Top Classifieds shall not be liable to you or any third-party for any termination of your access to the Website or the Services.
15.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Positioned Top Classifieds without restriction. Any assignment or transfer by you shall be null and void.
16. Ability to Accept Terms of Service
16.1 This Website is intended only for adults and you warrant that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
17. General Information
17.1 These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Positioned Top Classifieds and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Positioned Top Classifieds shall be governed by the laws of the United Arab Emirates without regard to its conflict of law principles. We encourage you to contact Positioned Top Classifieds to try and settle any claim you may have, however, if we cannot settle the dispute amicably through human negotiation, then the claim or dispute must be submitted to the exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of Positioned Top Classifieds to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party's successors.
18. Violation of Terms and Liquidated Damages
18.1 This Section 18 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. This may result in you becoming financially liable to Positioned Top Classifieds for additional amounts. The statements made in this section also constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Positioned Top Classifieds and/or other persons may have claims and other rights against you as a result of these statements. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Website's homepage at positioned.marketing. Any failure to act by Positioned Top Classifieds with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
A. INFORMATION WE COLLECT, RECEIVE AND HOST Account and Profile Information: When you use our Services we may require and use certain information such as a valid email address and password. In addition, users may create a profile that includes information such as their geography, first and last name, gender, phone number, interests and associated information, including photos they may wish to upload. Any information users share in publicly-available profiles is their own responsibility. You should carefully consider the risks of making certain personal information—particularly information such as address or precise location information—publicly available. Where a user has decided to login to our site using a third-party authentication service such as Facebook Connect, we may also receive additional profile or other information authorized by that provider. Listings and Transactions: We may host the information, including personal information and contact information, valid contact information and password necessary to provide our Services. Much of the same information used to create an account or profile may be required to post a listing. Any information users share in listings is their own responsibility. Like with profiles, users should carefully consider the risks of making certain personal information—particularly information such as address or precise location information—publicly available in a listing. Games, Advertising and Promotions: We may collect personal information such as your name and contact information when you participate in games, quizzes or other marketing promotions we sponsor on our site or on third-party sites. We may also process information related to the effectiveness of our advertising campaigns, including what ads are viewed and clicked either on our network or on third-party sites. Customer Care: When you contact our customer care department, we may collect the personal information necessary to fulfil your request and to contact you for follow up as needed. We may also contact you using existing account contact information you provide to us for this purpose. We may also collect other information about our communications with our users, for example any user support requests that our users make or any feedback that our users provide to us. Website and Mobile Data: We may automatically receive and log information on our servers from your browser or device including your IP address, software and hardware attributes, pages that you request, mobile identifiers, information about app usage, and other device or systems-level information. This can occur on our website or mobile app, or on third parties’ services. Appended Information: We may also append information we lawfully obtain from business partners or third parties to existing data we hold about our users. Lead Tracking Services for Positioned Top Classifieds real estate brokers: We may monitor and record phone calls regarding users who phone our dedicated du land line numbers in relation to property advertisements on our Website, for the purposes of quality and training for real estate brokers and for verifying to real estate brokers where leads are being generated from. By using the Website you consent and grant permission to Positioned Top Classifieds to record telephone calls to real estate brokers advertising on the Website.
E. USER CONTROLS Access, Correction and Deletion: For users that have created an account or listing with us, you can access, correct or delete your personal information by writing to us at the following address: email@example.com. You are responsible for keeping the data you provide or post on our network accurate. If your account was created through an identity provider (e.g. Facebook Connect) you may also disable or change the account information through the settings offered by the identity provider (e.g. on Facebook.com). Third Party Choice: Certain third parties active on our site, e.g. Google Adwords, give you the ability to opt out of their collection and use of information for interest-based advertising. You can visit http://www.youronlinechoices.com. or http://www.networkadvertising.org to learn more about this practice and to exercise choices over how this type of information may be collected and used. Cookies: Most major desktop and mobile web browsers (e.g Safari, Firefox, Internet Explorer, Chrome, Opera) provide controls that allow you to limit or block the setting of cookies on your systems. Note that disabling cookies in your browser for either first-party domains (the sites you actively visit) or third-party domains (companies other than those you directly visit on the Web) may result in decreased functionality in certain instances.
F. SECURITY All information we collect is protected by reasonable technical means and reasonable security procedures in order to prevent unauthorized access or use of data. Our affiliates, trusted partners and third-party service providers have committed to manage the information in accordance with our requirements for security and privacy.
20. Disclaimer of Warranties
20.1 This Section 20 has important legal consequences for you. In this section: - the legal responsibilities and liability of Positioned Top Classifieds are limited or excluded; - the rights or remedies you may have against Positioned Top Classifieds are limited or excluded; and - you take on risk, responsibilities and liability. There are things that may go wrong when using the Website and/or the Service, including what is listed in this Section 20. Positioned Top Classifieds is not responsible (liable) for anything that goes wrong, including what is listed in this Section 20. You use the Website and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Positioned Top Classifieds, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Positioned Top Classifieds MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. Positioned Top Classifieds DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Positioned Top Classifieds WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, IN NO EVENT SHALL Positioned Top Classifieds, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Positioned Top Classifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE Positioned Top Classifieds SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Positioned Top Classifieds SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Positioned Top Classifieds MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
21. Limitations of Liability
21.1 IN NO EVENT SHALL Positioned Top Classifieds, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DUBZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE Positioned Top Classifieds SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Positioned Top Classifieds SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Positioned Top Classifieds from its facilities in the Dubai, United Arab Emirates. Positioned Top Classifieds makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
22. Property For Sale and Property for Rent Categories on Positioned Top Classifieds
If you are listing a property on this Website, your obligations are as follows:
i. You warrant that you possess a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are advertising;
ii. If a project is off plan (under construction), you warrant that the project is registered with RERA;
iii. If you are engaging in subleasing activities, you warrant that you possess a license for the activity of “Leasing and Management of Other People’s Property” from both Dubai Department of Economic Development (DED and RERA);
iv. If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM);
v. As per the RERA regulations, you must obtain approval for every sale or leasing advertisement (located within or outside of Dubai) and display the RERA Permit Number, Office Registration Number and Broker Registration Number on all advertisements.
i. You warrant that you possess a valid license from RERA, or its equivalent in the Emirate in which you are advertising;
ii. If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project;
iii. As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.
Owners and Landlords
i. You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorization to list the property on this Website;
ii. If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
i. You warrant that you possess valid, written consent from your Landlord before advertising on this Website, and that you are legally entitled to publish such advertisement.
i. You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded);
ii. You warrant that the advertisement does not contain unlawful language or use of the premises, including:
a. defamatory, misleading or deceptive statements;
b. sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
c. sharing of a property between unrelated members of the opposite sex;
d. sharing of a property in any way that is deemed unlawful;
e. any other language that promotes illegal or immoral activities under the laws of the UAE.
If you are listing a property on this Website, your obligations are as follows:
i. Positioned Top Classifieds advertisements include real properties for sale or rent. Positioned Top Classifieds is not a real estate brokerage and the details of the properties available on this Website are provided to us by third party brokers, landlords, owners or developers.
ii. Positioned Top Classifieds does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness.
iii. You the User of this Website must conduct your own due diligence and must not rely on the details in the advertisements.
iv. Positioned Top Classifieds does verify the RERA license number of all property broker companies prior to allowing them to advertise on the Website.
23. Motors Category
As a user of the Website, you must not offer for sale any type of car, motor vehicle or motorcycle (“Vehicle”) that is:
(i) located outside of the UAE, unless you can prove ownership of the Vehicle upon request
(ii) that is not immediately for sale;
(iii) that is not accurately described by the category in which it is advertised;
(iv) that you are not the owner of, or in all other cases, which you do not have the rights to sell;
(v) without true and accurate pricing of the Vehicle displayed within the listing.
We may request that you provide proof of ownership and that the Vehicle is located in the UAE or has been cleared by UAE customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement/content without further notice and no refund will be made.
24. Automated data collection
24.1 As a user of the Website, you expressly agree not to use any form of automated data collection such as harvesting bots, robots, spiders, or scrapers, as well as your use of that data.
24.2 You agree not to use automated data collection methods to obtain the mobile phone numbers and email addresses of our users, and you acknowledge that you if you contact our users for the purpose of directing them to your business or website without their express permission to contact them, then you may be prosecuted under United Arab Emirates laws.
25. Call Recording for Real Estate Brokers
Some of the RERA licensed real estate brokers (Brokers) that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Services you expressly agree to having your phone call recorded when you call a Broker in relation to advertisements in the Property category of the Website and you agree that no further warning or consent is required.
27. CV Search / Jobs Wanted
27.1 Positioned Top Classifieds is not responsible for the information posted by the job seekers in the Jobs Wanted section or in their CV's.
27.2 The CV Search is a form of head hunting, it allows recruiters to look through the CV's in our database. However, some of the applicants may or may not match the job position you are looking to fill.
27.3 Any fees paid are non-refundable once the package is used.
27.4 The duration of the CV Search cannot be extended.
27.5 By placing a job seeking ad in the Jobs Wanted section, the recruiter will have access to the CV uploaded to the job seeker's profile.
27.6 Once an applicant uploads their CV to their profile, it will be added to our database where recruiters will have access to it for 18 months.