Terms & Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 101Listings.COM STATING THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND 101LISTING MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT.
- 101Listings.com (the "Website") is a community content website operated by 101Listings Pvt. Ltd and its affiliates (referred to as “101Listings” or “we”). Content (as defined in Clause 3 below) is uploaded by 101Listings and other users of the Website.
2. 101Listings’s Proprietary Rights
- You agree that 101Listings Pvt. Ltd is the owner or the licensee of all intellectual property rights in the Website, and the Website itself is a collective work and/or compilation solely owned by 101Listings Pvt. Ltd. The Website is protected by copyright laws and treaties around the world.
- You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense and encumber any aspect of the Website or any Content (as defined in Clause 3 below). You also may not modify or create derivative works of any aspect of the Website or any Content (as defined in Clause 3 below), other than with respect to your own Content (as defined in Clause 3 below).
- You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website or any software or database connected to the Website.
- "Content" refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the Website. By posting Content on the Website:
- you grant 101Listings the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute, perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose 101Listings sees fit;
- you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
- you permit any other user of the Website to access, display, view, store and reproduce such Content; and you grant 101Listings the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent 101Listings sees fit.
- 101Listings is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Website.
- 101Listings reserves the right to (1) refuse to share or display, (2) move; or (3) delete any Content posted on the Website.
- 101Listings aims to update the Website regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.
- All Job ads (paid or not) 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. Otherwise, the ad will be deleted and no refund given.
4. Paid Content
- Prepaid Listings: Users wishing to list Paid Content on the Website will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, 101Listings shall list the Paid Content to the appropriate section of the Website.
- Content posted on the Website that requires payment, whether by Credit Card through the website, or by check via a commercial contract is paid content ("Paid Content") and must be paid for by the originator of the Paid Content.
- Prepaid Listing Accounts: Prepaid listing accounts are available for users who wish to post a larger volume of Paid Content over a specified time-period. Prepaid listing accounts are paid in periodic payments in accordance with the terms of a Prepaid Listing Account Booking Form (as defined below).
- Upon receipt of prepayment, 101Listings will activate your prepaid listing account and credit your account with the agreed number of listings and you will be authorized to list properties for sale and/or rent and/or used cars for sale on the Website. Once the number of listings posted reaches the agreed limit or the account time period expires (whichever occurs first) you will no longer be able to list additional properties for sale and/or rent and/or used cars for sale on the Website.
- If 101Listings does not receive a periodic payment when due, it reserves the right to suspend your account(s) and/or remove all Paid Content posted using any of your accounts until the arrears are brought fully up to date including in respect of any charges or processing fees reasonably incurred by 101Listings as a result of your non-payment. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PERIODIC PAYMENTS. FAILURE TO SATISFY A PERIODIC PAYMENT OBLIGATION WILL RESULT IN DISRUPTION TO YOUR PREPAID LISTING ACCOUNT.
- 101Listings reserves the right to increase listing rates at its own discretion. 101Listings agrees to promptly notify (via email) holders of prepaid listing accounts of any rate increases and their revised periodic payments.
- You may cancel a prepaid listing account at any point after the expiry of three months from the campaign start date as set out in the Prepaid Listing Account Booking Form by giving 101Listings not less than 30 days prior notice of your intention to cancel. Cancellation notices should be sent to your designated account manager. For the avoidance of doubt you are obliged to meet your payment obligations until the expiry of the 30 day cancellation notice period. Upon expiry of the 30 day cancellation notice period 101Listings will deactivate your account and you will no longer be able to list additional properties for sale and/or rent and/or used cars for sale on the Website.
- You agree to not abuse the standard process by which 101Listings operates its Paid Content section, which includes but is not limited to, altering information in Property Feeds to manipulate the listing of properties, spamming the section with multiple listings of the same content, scraping information from listings or general disruption of the normal process 101Listings has in place. If 101Listings, in its sole and absolute discretion, finds you to be in violation of this, it reserves the right to suspend your account for a period of two weeks. If after reinstating your account, 101Listings, in its sole and absolute discretion, finds you to be in violation of these Terms for a second time, it reserves the right to cancel your contract.
- Upon deactivation of your prepaid listing account 101Listings will be under no obligation to offer any refund in respect of any unexpired time period or unused listings. 101Listings will return or destroy any post-dated cheques in its possession once all outstanding payment obligations owed to 101Listings have been satisfied.
- 101Listings is neither responsible nor liable for the perceived success or failure of any Paid Content posted on the Website.
- If you've signed up for a subscription package, you may cancel your subscription at any time without conditions and you will consequently not be charged on the next billing date.
- Delivery of purchased digital goods will occur within minutes of the purchase and will appear in the buyer's online account. A receipt will be sent by email to the buyer confirming the purchase.
- 101Listings may, at its sole and absolute discretion, initiate a refund should a transaction be deemed erroneous. Once initiated the amount will be credited back to the buyer within a few business days through the original mode of payment.
- 101Listings reserves the right to block an account from posting motor listings if it determines malicious use of the account or if you are considered a “Motor Dealer”. A “Motor Dealer” Is one who operates a showroom anywhere in the INDIA used to sell motor vehicles. Has a trade license to legally trade in motor vehicles in the INDIA. An individual who is trading motor vehicles to supplement their income without any official licensing or documentation from the INDIA government. Otherwise referred to as a `freelance Motor Dealer`. Who deals with any vehicle excluding: Motorcycles, Bikes/Mopeds/Scooters, Recreational Vehicles and Caravans, Diggers, excavators, forklifts and trailers, Tractors and farm machinery, Commercial trucks and busses, Aircraft, Boats and Marine vehicles, Parts and Accessories
- If you are in doubt whether an item is a 'motor vehicle', please contact us.
These people are presumed to be in the business of motor vehicle trading unless they can prove otherwise. Registered motor dealers (see motor dealer definition in section 4. Paid Content) who are legally entitled under the governing law in the INDIA to provide financing options or payment installments are permitted to advertise the monthly or installment price in the title and/or description of the listing, however these users have to be registered and listed as dealers or certified pre-owned dealerships on 101Listings
- Failure to comply with the listing pricing policy will lead to the deletion of the violating ads and possible account suspension without refund. 101Listings will not handle any liability, damages, costs and/or legal actions that may rise due to users violating our listing price policy.
- As a “Motor Dealer” you: Must be located in the United Arab Emirates. Provide honest, accurate, current information about the vehicles for sale. Place listings that are in your possession and have the legal documentation necessary to prove that you are legally allowed to sell. Advertise vehicles that are already within the borders of the INDIA. Agree not to advertise vehicles on behalf of other businesses, friends, associates and family. 101Listings holds the right to (i) remove any listing and (ii) block the account which the listing came from without any prior notice if these listings were deemed as a “Motor dealer” listing without the proper agreement and/or Paid Listing package.
5. Links to Third Party Sites
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6. Notification of Claims of Infringement
- It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates. 101Listings is not responsible for any Content submitted by a user that infringes another’s proprietary rights. If you are aware of any Content that you believe infringes on yours or a third party’s proprietary rights, please Contact Us
- Please include in any such notice: a link to the alleged infringing material; a description of the alleged infringing material; a statement contesting that the copyrighted material was not posted by the holder or permitted licensee of said copyright; your contact details (including email address); and your signature (physical or electronic).
8. Access and Linking to the Website
- Your access to the Website is provided on a non-exclusive, temporary and revocable basis by 101Listings, and 101Listings reserves the right to withdraw or amend your right to access to the Website without notice.101Listings will not be liable if for any reason the Website is unavailable at any time or for any period. You may not: use any robot spider, scraper or other automated means to access 101Listings and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of classified listings; and harvest or otherwise collect information about others, including email addresses, without their consent. You may establish a hyperlink on your website to the Website, or to postings within the Website, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of 101Listings’s reputation (or of any person connected to 101Listings).
9. Limitations on Your Usage of the Website
- 101Listings may establish any limitations, in our sole discretion, on your usage of the Website, including, but not limited to, limitations on the length of time that Content may remain on the Website, the file size of an individual item of Content, number of items of Content that can be posted.
10. Conduct & Acceptable Use; No Spam
- You agree to not post, email, or make available through the Website any Content that is objectionable to 101Listings or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Website any Content that: is unlawful, harmful, threatening, abusive, defamatory, libelous, and invasive or any information harmful to minors; is of a political nature and/or is critical of any government or municipal employee in any jurisdiction. is pornographic or any kind of nudity, sexually explicit or perverse content; is anti-Islamic or in any way derogatory towards Islam; is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals; impersonates any another person; includes personally identifiable information about another person without their permission; is false or deceptive; solicits the sale of goods or services, except when (1) posted in the appropriately designated area of the Website for such sales, or (2) emailed to another user of the Website who expressly wish to be contacted by you; includes links to other websites, except when (1) expressly approved by 101Listings in writing, and (2) posted in a posting uploaded by you in the appropriately designated area; advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to; violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws; contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; disrupts the normal flow with an excessive number of messages; or uses misleading contact details to disguise the true origin. You further agree not to: contact people who do not wish to be contacted; stalk or harass other users of the Website; collect personal information about users for commercial or unlawful purposes; post Content that is irrelevant or unrelated to the category or discussion thread where such Content is posted; post the same good or service in more than two categories; to post, email, make available through the Website or contact 101Listings or any other users of the Website with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website, post Content that puts you in breach of any agreements you have entered into with any third parties including (without limitation) homeowners associations, master developers or landlords or in breach of any community rules; or advertise the whole or part of a property (e.g. a bedroom or part of a bedroom) for letting, subletting or shared occupation without first obtaining all relevant permits and consents from the absolute owner of the property/landlord and any authorities in the Emirate of Dubai exercising jurisdiction in respect of such matters, for the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and 101Listings reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 10 from accessing the Website.
11. Dealings with Third Party Organization and Individuals
- 101Listings operates the Website as an online community portal for buyers, sellers, consumers and community members. 101Listings does not sell any item listed on the Website directly and is never a party to any transaction between buyers and sellers. As a result, 101Listings does not (a) guarantee or ensure any item listed on the Website or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any item listed on the Website. Furthermore, 101Listings is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and 1 or more other user(s) of the Website, and 101Listings will not be liable in any way for any such interactions or dealings. You will not hold 101Listings responsible for other users' Content, actions or inactions, items they list or the destruction of allegedly fake items. While we may help facilitate the resolution of disputes, 101Listings is not obliged to participate in any dispute between you and other user(s) of the Website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly motor vehicles and real estate, an offer initiates a transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller. You acknowledge that 101Listings does not monitor, verify or approve Content, and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Website.
12. Disclaimer of Warranties
- You use the Website at your own risk. The Website is provided without warranty and is provided on an “as is, as available” basis. 101Listings HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, 101Listings SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE: IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY; OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
13. Limitation of Liabilities
- To the maximum extent permitted by applicable law, 101Listings hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In particular, 101Listings is not liable for any damages or losses resulting to you or a third party from: the use or the inability to use the Website; services or goods acquired through the Website; any Content displayed on the Website; or a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
15. Termination of Access to the Website