Please carefully read these Terms and Conditions. These Terms and Conditions are the general Terms and Conditions which governs your access and use of RAK Properties PJSC website IF YOU ARE NOT IN AGREEMENT WITH THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. By continued usage of this Site and/or any of the services shown on the Site, you agree to be bound by these Terms and Conditions.
Acceptance:
By using this site, you signify your agreement to RAKP’s Terms and Conditions. Your continued use of RAK Properties PJSC sites following the posting of changes to these terms will mean you accept those changes.
Trademarks and Logos:
RAK Properties PJSC, its subsidiaries, affiliates, contractors are the owners of the Trademarks and Logos appearing on this website and all rights are reserved in respect of such Trademarks and Logos.
Use of Information and Materials:
The information and materials contained in these pages – and the terms, conditions, and descriptions that appear – are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to RAKP’s final determination and acceptance.
No Warranty
The information and materials contained in this site, including text, graphics, links or other items – are provided “as is,” “as available”. RAKP does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions therein. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials.
Exclusion of Liability
In no event will RAKP be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or reliance on the contents of this site, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure, even if RAKP, its representatives, are advised of the possibility of such damages, losses or expense, hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by RAKP. This Exclusion clause shall take effect to the fullest extent permitted by law.
Submission:
All information submitted to RAKP via this site shall be deemed and remain the property of RAKP who shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides RAKP through this site. RAKP shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as agreed by the RAKP or as otherwise specifically agreed or required by law.
Variation:
These terms and conditions are subject to change and can be modified at any time without notice.
Governing Law & Jurisdiction
By accessing this website and obtaining the facilities, products or services offered through this website, you agree that the law of the United Arab Emirates (UAE) shall govern such access and the provision of such facilities, products and services and you agree to submit to the exclusive jurisdiction of the UAE courts.
Description of Goods and Services:
We offer Properties for sale and on rental basis including Villas, Townhouses, Buildings, Apartments, Penthouses, Shops and other retail area.
Apart from the above physical items we provide services including but not limited to utilities like electricity, water, sewage collection, cleaning and maintenance of common area, maintenance of landscape, security services and Garbage collection.
Our effort is to offer you the best possible properties for purchase and lease and uninterrupted utilities & services. for which we charge you at reasonable rates.
You need to pay for the electricity, water, sewage collection charges as per the bill / invoices provided to you on monthly basis.
For the other services and maintenance we charge you the annual community fee as per the specified rates and may be payable annually in one or more installments as the case may be.
Leased units:
For lease properties we charge rent on the reasonable rates, customer has to pay the rent in one or more installment as agreed in the lease agreement.
Any cancellation or termination of Lease request must be made in writing, and one as agreed in the lease agreement.
Contact Information:
Our contact information is as under:
Tel: +971 7 2337 133
Fax: +971 7 2272 444
Email: customer-services@rakproperties.net
Web: www.rakproperties.net
Address: P O Box 31113, 41st Floor Julphar Office Tower, Ras Al Khaimah UAE
Refund and cancellation policy
RAK Properties is a Real Estate Development Company, due to our nature of business, normally we do not offer any refunds, except as per the Sales and Purchase Agreement and, company policy and procedures
In case of Leased Units, Security deposit will be refunded to the tenant on expiry of lease term, after deducting any unpaid rents, outstanding utility bills and the estimated cost of repair work to be done to make the unit available for the new tenant.
Delivery Policy
When the property is sold out the keys are handed over to the customer on payment of all the due amount and charges whether in current dated cheques or Post Dated Cheques (PDCs) as agreed in the sales and purchase agreement and company policy and procedures
In case of leased unit keys are handed over to the tenant on payment of all the rent up to the lease term and the refundable security deposit whether in current dated cheques or (PDCs) as agreed in the lease agreement and company policy and procedures.
Method of Payments
Payments can be made online through this site using Visa or Master Card, bank transfers to our bank accounts in our designated banks, personally to our banks or our offices.
Transaction Currency
Our currency of all the transactions would be United Arab Emirate Dirham (AED)
Country of Domicile
Country of domicile is United Arab Emirate (UAE)
Privacy Policy
RAK Properties PJSC and its subsidiaries and affiliated companies (hereinafter referred to as “RAKP” “us” “we” or “our”) is committed to respecting your privacy and to complying with applicable data protection and privacy laws. You can visit http://www.rakproperties.net (the “Site”) without disclosing any personally identifiable information about yourself.
We have provided this Privacy Policy Statement to help you understand how we collect, use and protect your information when you visit the Site. We wish to help you make informed decisions, so please take a few moments to read the sections below and learn how we may use your personal information.
You should read this notice in conjunction with the Terms and Conditions of use for the Site.
Acceptance:
By using this site, you signify your agreement to the RAK Properties PJSC Privacy Policy. If you do not agree with this policy, please do not use this site. Your continued use of RAK Properties PJSC and/or its affiliates’ sites following the posting of changes to these terms will mean you accept those changes.
My Information:
1. What kind of information is collected?
2. How safe will my information be?
The security of all information associated with our Customers is an important concern to us. We, at http://www.rakproperties.net therefore exercise the utmost care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your information, RAK Properties PJSC and its affiliates can’t ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, RAK Properties PJSC uses industry standard efforts to safeguard the confidentiality of your information, such as firewalls and Secure Socket Layers. However, “perfect security” does not exist on the Internet.
3. Who will use this information?
As a general rule, RAK Properties PJSC will not disclose any specific personal information that you submit to us about you (“Personal Information”) in a manner that connects you with the Personal Information, except when we have your explicit permission or under special circumstances, such as when we believe in good faith that the law requires it.
4. How can I control my information?
In case you change your mind or some Personal Information changes (such as your mailing address or e-mail address), we will try to provide a way to correct, update or remove the Personal Information that you have provided us. We offer Customers the opportunity to “opt out” of having Personal Information shared with RAK Properties PJSC and/or its affiliated companies such as un-registering from the http://www.rakproperties.net Newsletter. Additionally, If a Customer wishes to update Personal Information or objects to any usage provided herein for any reason, he/she may e-mail the requested change to: info@rakproperties.net
Terms of Use
Before Start Using The RAKP Properties PJSC E-Service, Please Read Carefully The Below Terms And Conditions Governing Your Use Of The E-Service (The “Terms Of Use”).
By Clicking The “I Accept” Button And / Or Using The E-Service Or Any Part Thereof, You Are Deemed To Understand, Agree To And Accept To Be Legally Bound By The Terms Of Use, RAKP’s Privacy Policy And The Terms And Conditions Of RAKP’s Website.
Definitions:
1. Unless the context clearly otherwise, the following capitalized terms shall have the meaning ascribed to them when used in these Terms of Use:
“Customer” means a person or legal entity who purchased a Property (or more) from RAKP.
“RAKP” means RAKP Properties PJSC, its subsidiaries. Nothing in this definition shall be construed as creating any joint liability between RAKP Properties PJSC and its subsidiaries.
“Property” means the real estate unit, purchased / leased from RAKP pursuant to the Sale and Purchase Agreement “SPA” / Lease Agreement as the case may be
“Sale and Purchase Agreement” “SPA” means the agreement to purchase and / or sale for purchase of the Property concluded between the Customer and the RAKP
“Lease Agreement” means the agreement to lease of a property for a specific period concluded between the Customer and the RAKP
“E-Service” means the electronic services offered herein.
General:
2. The E-Service are provided on an “AS-IS” basis only to Customer’s who purchased a Property or Properties from the RAKP. Access to the E-Service is subject to RAKP”s sole discretion and / or payment of fees associated with such access. RAKP hereby reserves the right to refuse granting access to any Customer at any time for any reason whatsoever without need for justification. Notwithstanding the foregoing, RAKP shall be entitled and at liberty to require the provision of any information and / or documents, and / or payment of any charges and / or fees before processing a request for access.
Access:
3. You may have received a username, password and / or activation code through electronic means or otherwise, with or without an application on your part. If you are not the intended recipient of such username, password and /or activation code or if you feel that you should not be receiving this information for any reason whatsoever, please notify us immediately and do not use the E-Service. In such instance, your use of the E-Service is strictly prohibited, unauthorized, and unlawful and you shall be fully liable for any and all claims, demands, actions or damages resulting from any such access. no such access shall entitle you to any rights or bestow any entitlements vis-a-vis RAKP in any manner whatsoever. if you are the intended recipient, you are under no obligation to use the E-Service and your use of the E-Service is deemed an acceptance of the Terms of Use.
4. In allowing you access to the E-Service, it is our understanding that you have provided us with complete, accurate, true and reliable information. Your inability to abide by this provision or any other provision of the Terms of Use may result in, without limitation, suspending and / or closing your account, denying access, non-recognition of payments made in association with your account, termination of your Sale Agreement and forfeiture of the Property, your liability for additional fees or charges and/or non-processing of any service requests.
5. Each Customer may only have one account on the E-Service. Accordingly, if you have received more than one username, password and / or activation code, please notify us immediately. Your use of more than one account is deemed a breach of theses Terms of Use, a misrepresentation and may attract legal charges.
6. While it is highly recommended that you change your password frequently and not share it with other parties, it is your responsibility to make your username, password and activation code confidential and not open for others. You shall also be fully responsible for all activities that occur under your password and account. You, accordingly, agree to notify RAKP immediately of any unauthorized use or any other breach of security and ensure that you log-out from your account at the end of each session. RAKP will not be liable for any loss or damage arising from your failure to comply with this provision.
Use of The E-Service:
7. You understand and accept that by using the E-Service in updating, changing or altering your personal information, address(es) or contact details “Information”, in any manner whatsoever, you are accepting that the Information supersedes and replaces any such information, address(es) and /or contact details previously provided to RAKP and / or the Vendor (as defined in the Sale and Purchase Agreement) and further acknowledge that it is your obligation to immediately inform RAKP of any changes to the Information. Unless RAKP is of any changes to the Information in writing or through any other means acceptable to RAKP, the Information shall be valid for any notification purpose and shall be considered unchanged. You further acknowledge and accept that any right to challenge the validity and / or enforceability of any notification sent based on the Information is hereby waived.
8. a). Any and all payments made through the E-Service are subject to your Sale Agreement. Consequently, RAKP and / or the Vendor is under no obligation to accept any payments not made in accordance with the Sale Agreement and / or following its termination and you hereby acknowledge and accept that any receipt of payment through the E-Service or otherwise shall not be deemed or construed as an acceptance of such payment or waiver of right to reject payment at a later date.
b). By using the RAKP E-Service for payment, you agree to pay the normal admin & service charge for the transaction.
9. It is your responsibility to ensure that payment is correctly and timely received by RAKP. Accordingly, RAKP accepts no liability whatsoever in this respect, and is under no obligation to notify you of any incorrect, rejected and / or declined payments. You shall also ensure that sufficient credit is available and in the event of a “declined” credit card payment, it is your responsibility to pay any additional fees and / or charges levied by either a nominated financial institution or RAKP and you shall remain responsible to pay any due amounts. Without prejudice to the foregoing, you shall notify RAKP immediately in the event of any failed transaction or if you face or encounter any technical problems associated with the E-Service or their use.
10. If any transaction is found to be incorrect, unauthorized or fraudulent, payment may be reversed and payments shall remain due. Payment transactions will be processed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. All transactions will be processed without delay, however RAKP expressly disclaims any and all liability for processing delays, which may occur in any circumstance. Payment is not accepted (not deemed made) until the funds have cleared.
11. Refunds of any payments (if any) made through the E-Service are subject to the terms and conditions of the Sale and Purchase Agreement.
12. It is your responsibility to maintain document evidencing payment though the E-Service.
13. Any service or maintenance requests made through the E-Service shall be subject to the Sale Agreement.
14. Updated service requests, payments or other requests made through the E-Service shall be processed as soon as possible, unless the transaction is submitted on a weekend or non-working weekday. RAKP disclaims liability for any processing delays, which may occur in any whether beyond RAKP”s reasonable or otherwise.
15. You understand, acknowledge and accept that any and all notifications or communications of any whatsoever (including but not limited to payment reminders, termination notices, forfeiture notices, legal proceedings etc. etc.) shall be deemed to be received by you upon sending them to you through your E-Service account and shall have full effect as if sent to you through any other means. You further acknowledge and accept that any right to challenge the validity and / or enforceability of any notification or notification pursuant to this provision is hereby waived.
16. In using the E-Service, you hereby undertake not to misuse the E-Service. In this context the word “misuse”, shall include, without limitation: (a) defame, harass, stalk, threaten, abuse or otherwise violate others” rights, (b) harm or interfere with others” computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses, (c) violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software, (d) omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark, (e) transmit, post, or otherwise trade secrets, or other confidential or protected proprietary material or information, (f) download or upload files that are unlawful to distribute, (g) any information or software obtained through the E-Service, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the E-Service, (h) cause an excessively large load on the infrastructure of the E-Service, (i) falsely use a password or personal identification number during logging into the E-Service, or misrepresent one’s identity or authority to act on behalf of another, or (j) violate these Terms of Use in any other manner.
Disclaimer of Warranties and Limitation of Liability
17. RAKP makes no representations or warranties that the E-Service, software or information provided will meet the Customer’s needs, or that the E-Service provided will be uninterrupted, timely, accurate, reliable, or error free or free from computer virus or other invasive or damaging code and expressly disclaims any and all liability whatsoever. RAKP shall not be liable for any loss or damage whatsoever including but not limited to any loss of data, savings, business, profit, or any other direct, indirect, or consequential loss or damage, in each whether arising from negligence, breach of contract, breach of duty or otherwise which is in any connected with or arises out of use of the E-Service.
18. The Customer assumes any and all inherent and / or possible risks of internet transactions, whether or not advised of such risks, and shall not hold RAKP liable under any circumstances whatsoever for any claim, action, demand, damage or loss as a result of the Customer using the E-Service. For the avoidance of doubt, RAKP shall not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of the E-Service, any websites linked to the website, or materials or information contained at any or all such websites, whether based on warranty, contract and whether or not advised of the possibility of such damage.
19. Without limiting RAKP”s rights, RAKP and its employees, contractors and agents shall not be liable for any failure to perform their obligations if such failure arises from circumstances reasonably beyond their control, including, but not limited to, strikes, lockouts, riots, acts of law, epidemics, earthquakes, fire, floods, government action, communication line failures, power failures, interruptions or shortages, computer/processing failures.
20. You acknowledge and agree that the limitations and exclusions of liability and warranty provided for are fair and reasonable.
Indemnity
21. You, at all times, agree to fully indemnify and hold RAKP, and its officers, agents, employees and partners harmless from any claim, action, demand, damages, loss expense or cost including attorney’s fees which RAKP may suffer or incur as a result of the use of the E-Service by you or as a result of your violation of these Terms of Use or your violation of any rights of another.
Copyright and other Intellectual Property Rights
22. All intellectual property rights in the materials and information contained in association with the E-Service or supplied to the Customer by the E-Service shall belong solely to RAKP and these material and information shall not be reproduced or used by the Customer for any other purpose unless with the prior written approval of RAKP.
23. The E-Service are provided for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Service obtained from the E-Service.
Amendments to Terms of Use and / or E-Service
24. RAKP shall have the right, at any time and subject to its sole discretion, to suspend, terminate, alter, modify or discontinue, temporarily or permanently, the E-Service in any manner whatsoever, with or without notice, including rejecting any payments made or not processing service requests or updated Information. You agree that RAKP shall not be liable to you or to any third party for any damages, costs or otherwise resulting from the modifications, suspension or discontinuance of the E-Service.
25. You acknowledge and accept that RAKP may, at any time and without giving prior notice, modify and / or change these Terms of Use. Your use of the E-Service thereafter shall be deemed an acceptance of such modification or change.
Miscellaneous
26. RAKP”s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
27. You agree that RAKP shall have the right to terminate your account and access to the E-Service. You acknowledge that the causes for such termination shall include but not limited to (a) breaches or violations of the Terms of Use, the Sale and Purchase Agreement or RAKP policies, (b) discontinuance or material modification to the E-Service (or any part thereof), (c) unexpected technical or security issues or problems, (d) extended periods of inactivity, (e) engagement by you in fraudulent or illegal activities, (f) non-payment of any fees owed by you to RAKP and / or (g) any other reason that RAKP deems appropriate. Further, you agree that all terminations shall be made in RAKP’s sole discretion and that RAKP shall not be liable to you or any third party for any termination of your account and / or your access to the E-Service.
28. You are not permitted, without the prior written consent from RAKP to assign or transfer any of your rights, duties or obligations under these Terms of Use or the Sale and Purchase Agreement.
29. These Terms of Use shall be governed by the applicable laws of Ras Al Khaimah and any dispute arising from the use of the E-Service or in relation to such E-Service shall be submitted to the exclusive jurisdiction of the courts in Ras Al Khaimah. Notwithstanding the foregoing, RAKP shall have the right to refer the dispute to any other court whether inside or outside the United Arab Emirates.
All rights reserved
2023 RAK Properties.
RAK Properties is the Master Developer of Mina Al Arab.
Tel: 800 40 20 or +971 7 233 7133
or email us at customer-service@rakproperties.ae
