USER AGREEMENT DUBAIPROPERTYAUCTIONS.COM

TERMS AND CONDITIONS

The User Agreement below is effective for all Users on January 1, 2005 .

Welcome to the DubaiPropertyAuctions website (the "Website"), the premiere property trading platform website for freehold real estate properties in Dubai , U.A.E.

The User Agreement for DubaiPropertyAuctions describes the terms and conditions applicable to use our services (the 'Agreement') available on the Website.

The User must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before the User may access the DubaiPropertyAuctions website. We strongly recommend that, Users read this Agreement, and other pages referred to in this document, as they may contain further terms and conditions that apply to the User. Please note that underlined words and phrases are links to these pages. By accepting this Agreement, the User agrees the DubaiPropertyAuctions Website will be governed by this Agreement and privacy policies posted on the Website.

The auction and related services provided by DubaiPropertyAuctions, through the website services (the "Services") and the use of the Website are governed by these terms and conditions (the "Terms"). By accessing or using the Website and the Services or by registering as either a Buyer or Seller or a User ("Buyer", or "Seller", or "User"), the User agrees (1) they have read the Terms and (2) they are bound by the Terms in the use of the Services and the Website. If the User does not agree to the Terms, the User may not access or use the Website or the Services. If the User does not understand the Terms, please contact DubaiPropertyAuctions at info@dubaipropertyauctions.com.

The Terms, together with any additional Terms specific to a particular auction (which are incorporated herein by reference and can be found through one or more links on the detail page for the auction in question), constitute the entire Agreement between DubaiPropertyAuctions and the User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Legal Binding Agreement

This is a contract that forms a legally binding agreement between the User and DubaiPropertyAuctions. Its terms are effective from the moment the User first uses the Website and Services. We will deem the User has accepted all of the provisions of our Agreement, without modification, the first time the User visits the Website and we require the User to expressly acknowledge their agreement in registering as a User. If the User does not accept the terms of this Agreement, they cannot use this Website or the Services. The Website and Services are built on trust. The Users Agreement to abide by these Terms helps to promote that trust among all Users of the Website and Services and in keeping the Website a safe electronic marketplace. We recommend that the User prints a copy of this Agreement for their records.

Registration and Eligibility

The Website and Services are only available to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children or to temporarily or indefinitely suspended DubaiPropertyAuctions Users. If the User does not qualify, please do not use this Website. DubaiPropertyAuctions may, at its sole discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Website and Services for any reason.

Changes to Services, Website and Terms

The User acknowledges and agrees that DubaiPropertyAuctions may change, modify, amend, suspend or discontinue any aspect of the Website and Services, at any time, without notice and without liability to the User or to any third party. DubaiPropertyAuctions reserves the right to impose limits on certain features of the Website and Services, at any time, without notice and without liability to DubaiPropertyAuctions, the User or to any third party.

We may amend this Agreement at any time by posting the amended Terms on our Website. The amended Terms shall be effective automatically on being posted on this Website. The Users continued use of the Services and our Website will be deemed an agreement to the amended Terms. Notice of any material amendment to the Terms shall be posted on the Website. The User is periodically encouraged to review the Terms posted on the Website. Use of the Website and Services constitutes acceptance of the Terms, including any amendments thereto.

Role of DubaiPropertyAuctions - Restrictions, Limitations and Risks

DubaiPropertyAuctions is not an auctioneer. While we can be referred to as an on-line freehold property auction Website, it is important to bear in mind that we are not a 'traditional auctioneer'. For the purposes of this Agreement, this Website acts as a marketplace to allow anyone to offer, sell and buy freehold property in Dubai , U.A.E. and is territorially restricted to that country only. DubaiPropertyAuctions reserves the right, in their sole discretion, to limit the Website or Services to any persons or entities residing in any jurisdiction or geographical location.

DubaiPropertyAuctions provides the Services and the Website so that Sellers may offer freehold properties for sale and Buyers may place offers to purchase these properties through either our Auction System or our Offer System. DubaiPropertyAuctions does not have the power or legal authority to transfer legal title to any freehold property offered by the Seller and acts only as a venue or marketplace. DubaiPropertyAuctions does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered properties, including without limitation any representation or warranty regarding the quality, quantity, condition, description or legality of the properties listed for sale, or the truth or accuracy of the listings.

Additionally, DubaiPropertyAuctions makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in accordance with the Agreement. We cannot and do not control whether or not Users will complete their transaction.

The validity and authentication of the information provided by Users is not possible. We cannot prevent Users from acting under false pretenses or persons lacking the requisite legal capacity and powers from using our Website and Services. We are not able to monitor Users to ensure that all of the information provided is current, accurate and honest. By using this Website, the User agrees to such risks and DubaiPropertyAuctions is not responsible for the acts or omissions of its Users.

We reserve the right to control and direct technical procedures for the use of our Website and Services and the User agrees to follow our instructions and procedures with respect to the use of the same. While we will use our reasonable efforts to maintain a 24 hour presence, 7 days a week, we cannot warrant or guarantee or represent that we can provide continuous and uninterrupted use since neither we nor any other party has any control over the Internet specifically where we need to carry out routine maintenance, repairs, configurations or upgrades or in circumstances reasonably beyond our control, including without limitation, terrorism, civil war, strikes, power failures, acts of god or Force Majeure, and disruption to the Website or Services which is caused by or results from a failure of the Services which interconnect with or are used in combination with other e-commerce transaction services to exchange data properly.

Generally, properties shall be sold to the highest bidder under the Auction System (provided the Reserve Price has been met) or to the person with the highest offer under the Offer System. DubaiPropertyAuctions reserves the right to reject any bid or offer that is only a minimal increase over the preceding bid or offer, that DubaiPropertyAuctions believes was made in violation of the Agreement or in bad faith.

Auction System

Placing a Bid

The Buyer is obligated to complete the transaction with the Seller: if the Buyer is the highest bidder at the end of an auction (meeting the applicable Reserve Price) unless the transaction is prohibited by law or by this Agreement. Upon closing of the property under the Auction System, DubaiPropertyAuctions shall confirm the terms and conditions of the property sale to both the Buyer and Seller by e-mail. By bidding on a property the User agrees to be bound by the conditions of sale included in the property's description by the Seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful.

In addition to those other obligations set forth herein, the Buyer acknowledges and agrees that by placing a bid on a property, the Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the conditions of the sale and in accordance with these Terms, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the property, and (4) that any bid that it makes on a property constitutes an irrevocable offer to buy the property for the full amount of the bid.

Payment and Buyer Fees

1. Each successful bidder (the "Buyer") must pay the Reservation Fee and the Balance of the Deposit in order to transfer the purchased property into the Buyer's name or nominee at the respective property development office in Dubai U.A.E. The Reservation Fee and the Balance of the Deposit is hereinafter referred to as the Initial Deposit, and these terms are defined as follows:

2. Each successful bidder (the "Buyer") must pay one percent (1%) of the Auction Close Price within 72 hours following the Auction Close (the "Reservation Fee"). The Reservation Fee is payable in trust to the account of the Solicitor for DubaiPropertyAuctions, Key & Dixon , in Dubai , U.A.E. The Buyer is required to send proof of wire transfer of the Reservation Fee, together with a copy of the Buyer's passport and instructions whether they will be effecting the transfer of the freehold property in person, at the respective property development office, in Dubai, U.A.E. or by power of attorney to Key & Dixon or other attorney of the Buyer's choice.

3. If the Buyer fails to send the wire transfer payment of the Reservation Fee, the property in question may be resold without further notice to the Buyer.

4. In the event, the Buyer fails to send the wire transfer payment of the Reservation Fee in accordance with the foregoing terms then DubaiPropertyAuctions is hereby irrevocably authorized to charge USD $275 on the credit card of the Buyer to be retained by DubaiPropertyAuctions as a Cancellation Fee.

5. The Balance of the Deposit is to be paid by the Buyer to the Solicitor for DubaiPropertyAuctions in trust within fourteen (14) calendar days of the Auction Close, in order to transfer the property into the Buyer's name. Without limiting the foregoing, full payment of the Balance of the Deposit is due prior to the transfer of the purchased property at the respective property development office in Dubai , U.A.E. In the event, that the Buyer fails to pay the entire Balance of the Deposit within the time specified by DubaiPropertyAuctions or otherwise fails to comply with these Terms, the Seller will retain the Buyer's Reservation Fee as liquidated damages without notice. The Balance of the Deposit shall include the premium to be paid to the Seller on the sale of the property, any installments/deposits paid to the respective property development office in Dubai, U.A.E. with respect to the property subject to the auction and transfer, any transfer fees charged by the respective property development office in Dubai, U.A.E. for transfer of title of the property from the Seller to the Buyer, any accelerated installment/deposit payments required by the respective property development office in Dubai, U.A.E. arising out of the transfer, and all legal fees.

6. The Buyer and Seller, or their respective attorneys will attend at the respective property development office in Dubai , U.A.E. to sign the necessary transfer documents to transfer title of the purchased property into the Buyer's name or its nominee. If the Seller fails to effect the transfer of the property into the name of the Buyer or the Buyer's nominee on the scheduled transfer date the Initial Deposit (the Reservation Fee and the Balance of the Deposit, in trust) will be refunded to the Buyer in full without interest or penalty.

Listing Subscription and Sellers Fees

The Seller must legally be able to sell the property listed for sale on the Website. The Seller must describe the property and all terms of sale on the listing page of the Website. The listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that property. All listed items must be listed in an appropriate category. A 30 day Listing Subscription Fee will be USD $49.95. Listings cannot be withdrawn before the listing expires. If the Seller wishes to withdraw or terminate or communicates their intent not to honor the listing, prior to the listing expiration, then DubaiPropertyAuctions is hereby irrevocably authorized to charge USD $275 on the credit card of the Seller to be retained by DubaiPropertyAuctions as a Cancellation Fee.

If the Seller receives at least one bid at or above the Seller's stated Reserve Price, the Seller is obligated to complete the transaction with the highest bidder upon the Auction Close. Bids are not revocable, unless there is an exceptional circumstance, in the sole discretion of the DubaiPropertyAuctions deems advisable. If the Seller fails to complete the above noted transaction pursuant to this Agreement then DubaiPropertyAuctions is hereby irrevocably authorized to charge the USD $275 on the credit card of the Seller to be retained by DubaiPropertyAuctions as a Cancellation Fee.

Other than the Listing Subscription Fee, DubaiPropertyAuctions does not charge Sellers any Service Fee unless the Seller sells their property on the Website. DubaiPropertyAuctions charges 1% of the Auction Close price as a Service Fee. Each successful Buyer must pay the Reservation Fee within seventy-two (72) hours of the Auction Close by wire transfer in trust to the Solicitor for DubaiPropertyAuctions. The Buyer must complete the transaction within fourteen (14) calendar days after Auction Close and otherwise in accordance with the Payment and Buyer Fees section of this Agreement, and upon completion of the transaction the Seller hereby consents to the transfer of the Reservation Fee to DubaiPropertyAuctions as an earned Service Fee. In the event, the Buyer fails to complete the transaction then the Reservation Fee is forfeited as liquidated damages to the Seller. Upon default by the Buyer, the Seller shall receive a free re-listing of their property on DubaiPropertyAuctions for a period of 14 days.

Offer System

Making an Offer

The Buyer views the Asking Price of the Seller and then makes an Offer on the specific property. The Seller may Decline the Offer, in which case the Buyer can then make a new Offer for the property. The Seller may also send the Buyer a Counter Offer amount. If the Buyer agrees to this price, the Buyer can 'Accept' the Counter Offer, or if not the Buyer may 'Decline'.

A deal is finalized when either the Seller accepts an Offer from the Buyer, or the Buyer accepts a Counter Offer from the Seller. Upon closing of the property transaction under the Offer System, DubaiPropertyAuctions shall confirm the terms and conditions of the property sale to both the Buyer and Seller by e-mail.

The Buyer acknowledges and agrees that by making an Offer on a property, the Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the conditions of the sale and in accordance with these Terms, (2) that it has the capacity to close the transaction, (3) that it has actual authority to make an Offer, and to enter into an agreement to purchase the property.

Payment and Buyer Fees

1. If the Seller accepts an Offer from the Buyer, or the Buyer accepts a Counter Offer from the Seller. the Buyer must pay the Reservation Fee and the Balance of the Deposit in order to transfer the purchased property into the Buyer's name or nominee at the respective property development office in Dubai U.A.E. The Reservation Fee and the Balance of the Deposit is hereinafter referred to as the Initial Deposit, and these terms are defined as follows:

2. The Buyer must pay one percent (1%) of the accepted Offer Price within 72 hours following the acceptance of an Offer (the "Reservation Fee"). The Reservation Fee is payable in trust to the account of the Solicitor for DubaiPropertyAuctions, Key & Dixon , in Dubai , U.A.E. The Buyer is required to send proof of wire transfer of the Reservation Fee, together with a copy of the Buyer's passport and instructions whether they will be effecting the transfer of the freehold property in person, at the respective property development office, in Dubai, U.A.E. or by power of attorney to Key & Dixon or other attorney of the Buyer's choice.

3. If the Buyer fails to send the wire transfer payment of the Reservation Fee, the property in question may be resold without further notice to the Buyer.

4. The Balance of the Deposit is to be paid by the Buyer to the Solicitor for DubaiPropertyAuctions in trust within fourteen (14) calendar days of acceptance of an Offer, in order to transfer the property into the Buyer's name. Without limiting the foregoing, full payment of the Balance of the Deposit is due prior to the transfer of the purchased property at the respective property development office in Dubai , U.A.E. In the event, that the Buyer fails to pay the entire Balance of the Deposit within the time specified by DubaiPropertyAuctions or otherwise fails to comply with these Terms, the Seller will retain the Buyer's Reservation Fee as liquidated damages without notice. The Balance of the Deposit shall include the premium to be paid to the Seller on the sale of the property, any installments/deposits paid to the respective property development office in Dubai, U.A.E. with respect to the property subject to the auction and transfer, any transfer fees charged by the respective property development office in Dubai, U.A.E. for transfer of title of the property from the Seller to the Buyer, any accelerated installment/deposit payments required by the respective property development office in Dubai, U.A.E. arising out of the transfer, and all legal fees.

5. The Buyer and Seller, or their respective attorneys will attend at the respective property development office in Dubai , U.A.E. to sign the necessary transfer documents to transfer title of the purchased property into the Buyer's name or its nominee. If the Seller fails to effect the transfer of the property into the name of the Buyer or the Buyer's nominee on the scheduled transfer date the Initial Deposit (the Reservation Fee and the Balance of the Deposit, in trust) will be refunded to the Buyer in full without interest or penalty.

Listing Subscription and Sellers Fees

The Seller must legally be able to sell the property listed for sale on the Website. The Seller must describe the property and all terms of sale on the listing page of the Website. The listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that property. All listed items must be listed in an appropriate category. A 30 day Listing Subscription Fee will be USD $49.95.

Listings can be withdrawn before the listing expires. If the Seller wishes to withdraw or terminate or communicates their intent not to honor the listing, prior to the listing expiration, there is no fee charged.

Other than the Listing Subscription Fee, DubaiPropertyAuctions does not charge Sellers any Service Fee unless the Seller sells their property on the Website. DubaiPropertyAuctions charges 1% of the accepted Offer Price as a Service Fee. Each successful Buyer must pay the Reservation Fee within seventy-two (72) hours following the acceptance of an Offer by wire transfer in trust to the Solicitor for DubaiPropertyAuctions. The Buyer must complete the transaction within fourteen (14) calendar days following the acceptance of an Offer and otherwise in accordance with the Payment and Buyer Fees section of this Agreement, and upon completion of the transaction the Seller hereby consents to the transfer of the Reservation Fee to DubaiPropertyAuctions as an earned Service Fee. In the event, the Buyer fails to complete the transaction then the Reservation Fee is forfeited as liquidated damages to the Seller. Upon default by the Buyer, the Seller shall receive a free re-listing of their property on DubaiPropertyAuctions for a period of 14 days.

Excluded Items

DubaiPropertyAuctions only permits the sale of freehold properties in Dubai . DubaiPropertyAuctions may, in its sole discretion, remove from the Website real property that, in DubaiPropertyAuctions's judgment, do not constitute freehold properties in Dubai .

Password and Security

After the User register to use the Service or the Website, the User will be prompted to select a User name and a User password. The User is solely responsible for maintaining the confidentiality of its User name and User password. The User is obligated to complete those transactions that occur using its User name and User password, whether such transactions are authorized or unauthorized. The User agrees that it shall immediately notify DubaiPropertyAuctions in writing or by electronic mail of any unauthorized use of its User name or User password.

User Information and Facilities

The User will provide information to DubaiPropertyAuctions during the registration process and to DubaiPropertyAuctions and other Users during the course of the use of the Services and the Website (the "User Information"). The User represents and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete. Subject to the terms of the DubaiPropertyAuctions Privacy Policy, User grants to DubaiPropertyAuctions a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights the User may have in the User information, for any purposes in connection with the Services or the Website.

The User is solely responsible for the User Information. We act solely as a passive conduit for the User's online distribution and publication of the User Information. However, in our sole discretion deemed advisable, we may take any action with respect to any such User Information if we believe it is false, or may cause us to lose in whole or in part, the Services of any of our suppliers or otherwise harm our business.

Intellectual Property Rights

The User acknowledges the information and /or content of the Website and Services including but not limited to text, software, music, photographs, video, graphics, forms, diagrams or other material used in connection with, incorporate in or contained on the Website or Services, (hereinafter referred to as the "Intellectual Property") is the exclusive property of DubaiPropertyAuctions. No part or portions of the Website or Services may be reproduced, distributed, published, displayed, hyperlinked, transmitted or commercially exploited in any manner by any means, or stored on any download information retrieval system without our written permission. The User may not, without our written consent, create derivative works from the Website or Services.

User Conduct

The User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, the User represents, warrants and covenants that its use of the Services and the Website shall not:

(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any freehold properties that may not be lawfully offered for sale or purchase in Dubai , U.A.E. United Arab Emirates. DubaiPropertyAuctions makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute freehold properties in Dubai, U.A.E.

(b) interfere with or disrupt computer networks connected to the Service or the Website and the User agrees that it will not use any rebot, spider, scrapper, or other automated means to access and penetrate the Website for any purpose;

(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;

(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

(k) Not to send any e-mail or other communications which under the law of U.A.E. or other international conventions, codes or regulations applicable to the internet is in breach of those laws or regulations including but not limited to infringement of intellectual property rights, defamation, theft, fraud, etc.

(l) Not to invade the privacy of other Users including sending unsolicited e-mails nor attempt to collect or transfer personal data on individuals without their written consent and to maintain confidentiality or your User password and security and other confidential information relating to the Website and Services including adherence to the privacy policy.

(m) Not to take any action that imposes or may impose an unreasonable or disproportionally large load on our infrastructure ("Spamming").

Privacy Policy

The terms of the DubaiPropertyAuctions Privacy Policy are incorporated by reference into these Terms. User is encouraged to periodically review the DubaiPropertyAuctions Privacy Policy posted on the Website at www.dubaipropertyauctions.com/help/Policy/privacy.asp.

Improper Auction Behavior All forms of shill bidding a property, bid manipulation and collusion between Users are forbidden. Users may not make a bid under a false name or with an invalid credit card.

Termination

DubaiPropertyAuctions expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of DubaiPropertyAuctions, for any reason and without notice.

Currency

The Listing Subscritpion Fee and Cancellation Fee payable to DubaiPropertyAuctions by any User shall be in US Dollars. All listed properties shall be quoted in the currency of U.A.E. Dirhams. Further, the Reservation Fee and the Balance of the Deposit, as those terms are defined in this Agreement, shall be in the currency of U.A.E. Dirhams.

Taxes

Unless otherwise agreed in writing, the User acknowledges and agrees that DubaiPropertyAuctions not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority. The User expressly agrees and warrants that it shall comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. The Users agree to defend, indemnify, and hold harmless DubaiPropertyAuctions from and against any and all damages, penalties, costs and expenses incurred by or imposed upon DubaiPropertyAuctions resulting from any failure by the User to comply with applicable tax laws.

No Relationship

The Buyer, the Seller and DubaiPropertyAuctions are independent contractors. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.

Links to Third Parties

The Services and the Website may provide links to the websites or Services of others, including financing, legal advice and other Services ("Third-Party Services"). Links to such Third-Party Services, or any explanation or statement regarding those Third-Party Services, do not constitute an endorsement or guarantee by DubaiPropertyAuctions of such Third-Party Services, or the products, content, materials or information presented or made available by such Third-Party Services. The User acknowledges and agrees that DubaiPropertyAuctions is not responsible for any damages or losses caused or alleged to have been caused by any Third Party or the use of any Third-Party Services, or from the products, content, material, Services or information presented by or made available through such Third-Party Services.

Downloading Information/Material

User hereby releases DubaiPropertyAuctions, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.

Additional Terms

The following policy is incorporated by reference into this Agreement and provide additional Terms related to specific Services offered on the Website:Privacy Policy:

Disclaimer of Warranties

THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTIES LISTED FOR SALE, THE CONTENT, THE FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES AND THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DUBAIPROPERTYAUCTIONS DOES NOT WARRANT THAT THE WEBSITE AND SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON, OR ACCESSED THROUGH THE SERVICES AND THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES AND THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DUBAIPROPERTYAUCTIONS MAKES NO WARRANTY THAT THE WEBSITE AND THE SERVICES WILL MEET USERS' REQUIREMENTS. WE ARE NOT LIABLE TO THE USER OR TO ANY OTHER PARTY WHO MAY ACCESS OUR WEBSITE AND USE OUR SERVICES, NOR WILL WE BE LIABLE FOR ANY DAMAGE OR LOSS DUE TO THE FAULT OF NEGLIGENCE OF THE USER OF FOR THE FAILURE OR ANY TRANSACTION VIA OUR WEBSITE AND SERVICES. FURTHER WE ARE NOT RESPONSIBLE IN CONTRACT OR TORT FOR THE UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF E-MAILS, INFORMATION BY ANY PERSON TO ACCIDENT OR FRAUDULENT MEANS OR METHODS, EVEN IF SUCH ACCESS OCCURS ARISING OUT OF OUR NEGLIGENCE.

IF THE USER IS DISSATISFIED WITH THE SERVICES AND THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. DUBAIPROPERTYAUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY FREEHOLD PROPERTY PURCHASED OR OBTAINED THROUGH THE SERVICES AND THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES AND THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DUBAIPROPERTYAUCTIONS OR THROUGH THE SERVICES AND THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT. DUBAIPROPERTYAUCTIONS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.

Limitation of Liability

IN NO EVENT SHALL DUBAIPROPERTYAUCTIONS BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS, CONTRACT, BARGAIN, OPPORTUNITY OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF DUBAIPROPERTYAUCTIONS TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE IS LIMITED TO THE LESSER OF: (A) THE AMOUNT OF FEES PAID BY THE USER TO DUBAIPROPERTYAUCTIONS IN THE LAST 2 MONTHS PRIOR TO THE ACTION GIVING ARISE TO LIABILITY OR (B)ONE HUNDRED U.S. DOLLARS ($USD 100.00). THE SUMS OF SUCH FEES PAID TO US SHALL ONLY INCLUDE FEES RECEIVED BY US FROM THE USER FROM THE SERVICE THAT IS GIVING ARISE TO OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY; SO FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY OTHER THIRD PART FOR ANY OF THE FOLLOWING:

(1) ANY LOSSES OR DAMAGES, COSTS AND EXPENSES INCURRED BY ANY MEMBER IN CONNECTION WITH THE USE OF PROCURER;

(2) ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE (COLLECTIVELY, "INDIRECT LOSSES") THAT MAY BE SUFFERED BY ANY MEMBER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR SERVICES OR ITS USE OR ACCESS, REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, CONTRACT, BARGAIN, PRODUCTION, OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, OR FOR ANY SUBSTITUTE GOODS, SERVICES, FACILITIES OR ANY DOWN TIME COSTS, EVEN IF SUCH PARTY HAS ADVANCE NOTICE THAT INDIRECT LOSSES COULD ARISE.

Releases and Indemnification

In the event of any controversy or dispute regarding any transaction conducted through use of the Services and the Website (a "Dispute"), the User hereby releases DubaiPropertyAuctions, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of actions, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which the User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

Further the User agrees to indemnify and hold harmless DubaiPropertyAuctions, the Released Parties, against or under any case, claim, legal theory, tort, contract, or otherwise, from any and all claims and expenses (including attorney client legal fees), and for any direct, indirect, incidental, exemplary, special or consequential damages in any way related to the use of the Services and Website, or any other products or services provided by or to the User, or the use of any of the foregoing, including but not limited to, damages resulting from the use or loss of use of any Services and Website, loss of data resulting from delays, service interruptions, loss of goodwill, loss of contract, bargain or opportunity, work-stoppage, computer failure or malfunction, lost profits, lost revenues or any and all other commercial damages or losses, or for any other damages, even if DubaiPropertyAuctions has been informed of the possibility of such damages by the User or any third party. It is further understood and agreed that DubaiPropertyAuctions is entitled to full indemnity for any damage of any kind which arises from the acts or omissions of the User.

This release and indemnification shall survive expiration or termination of this Agreement.

Notices

Notices shall be given:

To DubaiPropertyAuctions: To be valid, notices must be sent by email (info@DubaiPropertyAuctions.com) and by certified mail, return receipt requested, to DubaiPropertyAuctions ; Attention Legal Department; 117 Kearney Lake Rd., Suite 22, Halifax, Nova Scotia, B3M 4N9, Canada or to such other address as may be designated from time to time.

To User: Notices to the User will be sent by email at the email address reflected in the User's registration information.Notices to the User shall be deemed to have been received 24 hours after the email is sent. Notices to DubaiPropertyAuctions shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.

Interpretation

Words importing the singular include the plural and vice versa, and words importing gender include all genders. The headings inserted in these Terms are for convenience of reference only and, in no way, define, limit or enlarge the scope or meaning of any of the Terms contained in the Agreement.

Entire Contract

This Agreement constitutes the entire contract between DubaiPropertyAuctions and the User and supersedes all prior agreements, understandings, negotiations, representations, warranties and discussions between DubaiPropertyAuctions and the User relating to the subject matter hereof.

Severability

It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatsoever then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force.

Governing Law

This Agreement shall be governed by the laws of the U.A.E. The parties specifically attorn to the exclusive jurisdiction of the U.A.E.

Assignment

Neither the Agreement nor its performance may be assigned or transferred by either party without the prior consent of the other, provided that DubaiPropertyAuctions may assign or transfer this Agreement to any of its affiliated companies without the consent of the User.

Waiver

No waiver of any right contained in this Agreement shall be deemed to be a waiver of any other provision in the Agreement. No waiver is to be interpreted as a continuing waiver unless agreed to in writing by the parties.

Enurement

The Agreement shall enure for the benefit of and be binding upon the parties hereto, their successors and permitted assigns.

Time

Time is and shall be of the essence of this Agreement.

Force Majeure

Neither party shall be responsible for failure to fulfill its obligations under this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as, but not limited to, acts of God, fire, flood, storm, earthquake, power or telecommunications network failure, war, riots, strikes or other similar event, provided that the party affected will immediately give notice of such circumstances to the other and undertake to cure such failure or delay as soon as possible.

Trademarks

DubaiPropertyAuctions, and the logos of DubaiPropertyAuctions are trademarks or service marks of DubaiPropertyAuctions, Inc. No display or use of such marks may be made without the express written permission of DubaiPropertyAuctions.