Governing Use Of Website www.ensojade.com

Please read these Terms & Conditions carefully. These are the Terms & Conditions (“Terms”) governing your access and use of this Website www.ensojade.com (“Site”).

Overview & Acceptance

• The Site is owned and operated by Enso Development LLC (includes all its affiliates, subsidiaries, associates and representatives (“Company”, “we”, “us” or “our”). The Terms, the sale purchase agreement or any other documents/acknowledgments, references or confirmations entered into with the Company pertaining to a residential, commercial, unit or plot in any of the real estate activities of the Company in respect of which this Site is used together with any documents they expressly incorporate by references, govern your access to the Site, its functionality and services offered on or through the Site whether as a guest or as a registered user.
• Your electronic acceptance of this Terms signifies that you have read, understood, acknowledge and agree to be bound by this Terms and the Privacy policy. You, your, User or customer shall refer to any individual or entity and/or their associates, subsidiaries and representatives who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Term shall be deemed to confer any third-party rights or benefits.
• Please read the Terms carefully before you start to use the Site. By using the Site or, where applicable, by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.ensojade.com, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
• You agree to use the Site (or any part of it) in accordance with all applicable laws of UAE and all such laws relevant to the jurisdiction from which you access the Site and/or any other jurisdiction as applicable by relevant laws.

Amendments & Modifications

• The Company has the unconditional right to modify, amend or update the Terms from time to time. Your continued use of the Site indicates your consent to be bound by the current/ new Terms.
• Additional terms and conditions which vary or supplement the Terms may apply. If you apply for any property, product or service detailed on the Site, these Terms should be read in conjunction with any other terms and conditions which relate to any such property, product or service and, in the event of any contradiction between the Terms and the specific terms and conditions relating to such property, product or service, the latter shall prevail.
• For avoidance of doubt, it should be accepted that content of the Site is not necessarily complete or up-to-date. Any of the Proprietary Material on the Site may vary at any given time, and we are under no obligation to update the same.

Interrupation & Security

• Whilst we take every care to ensure that the standard of the Site remains high and to maintain the continuity of it, the internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. as a result, we do not accept any ongoing obligation or responsibility to operate this Site (or any particular part of it). It is consented by you that without any notice or information we could stall the operation of the Site temporarily or on permanent basis at any time. You are responsible for ensuring that all persons connected to you and/or related to you, who access the Site through our internet connection are aware of these Terms and comply with them.
• To access the Site or some of the resources it offers including, without limitation, payment using credit cards or other forms of electronic payment, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information, including, without limitation, credit card information or information pertaining to other forms of electronic payments, you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• In the event of us providing (or you opt) a username, password or any other piece of information as part of the Site security procedures, the said information should be kept as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal and you shall be having only one account for the Site. You agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• For the security purpose for the payments and data protection we shall be using technologies adaptable to our server. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property

• All copyright, trademark, database and other intellectual property rights protect the content of this Site and you acknowledge that the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, photography, graphical designs, renderings, video and audio, and the design, selection and arrangement thereof) supplied as part of this Site (“Proprietary Materials”), are owned and remain with the Company, its licensors or other providers of such material.
• The Company’s names, brand names, the Company’s logos and all related names, logos, product and service names, designs and slogans (“Marks”) are trademarks of the Company or its licensors. You must not use such Marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
• The access to Site and its contents are for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, or transmit any of the Proprietary Material and/or Marks.
• You are permitted to print and download extracts from the Site only for your own use, without modifying or changing any documents or Site related Proprietary Materials. For the avoidance of doubt, you may not use any part of the Proprietary Materials and/or content on the Site for commercial purposes without obtaining a licence to do so from the Company or the Company’s licensors.
• If you print, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No part of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
• Any rights not expressly granted in the Terms are reserved and further any breach of the above Terms shall be violation of statutory or common law rights which could be the subject of any legal action.

Restricted Uses

Your usage of the Site shall be for lawful purposes and in accordance with these Terms you agree not to use the Site:

• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To introduce or transfer through the Site material that is defamatory, libellous, obscene, liable to incite racial hatred, offensive, threatening, discriminatory, menacing or blasphemous, or material that may cause annoyance, inconvenience or needless anxiety.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
• In any way that violates any applicable federal, local or international law or regulation, including without limitation, any form of misuse of credit cards or other forms of electronic payments.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Content Information

Whilst reasonable care is taken to ensure that the information provided through the content of this Site is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including the Terms) at any time without notice.

• Company provides this Site on an "as is" basis and makes no representations or warranties of any kind with respect to the content contained on it including the Proprietary Materials, unit details and common areas statements (“Products”) and disclaims all such representations and warranties. Opinions expressed on this Site are not statements of fact, in addition, neither we nor any other contributor to this website make any representation or give any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content contained on the website or that such content will be accurate, up to date, uninterrupted or error free.
• We reserve the absolute right, without any liability whatsoever, to amend vary or extend at any time the Product details and specifications mentioned on or through the Site.

Your Information

All personal information of you which we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

• Other than personally identifiable information covered under the Company’s Privacy Policy, any ideas, suggestions, comments, reviews, concepts, know-how, information, techniques, text, photos, images, sounds, graphics or other content (altogether the “Supplied Materials”) you transmit or post to the Site shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such Supplied Materials.
• By providing the Supplied Materials to the Company via the Site, you grant the Company, its subsidiaries, its parents and all other companies in the group of companies of which the Company forms part an unrestricted, world-wide, royalty-free, irrevocable licence to use the Supplied Materials at the Company’s own discretion for any purpose including, without limitation, use, reproduce, display, adapt, modify, transmit, disclose, distribute to third parties and commercially exploit the Supplied Materials in any medium together with an unrestricted right to use any ideas, concepts, know-how or techniques contained in the Supplied Materials for any purpose.
• The Company reserves the right to monitor, inspect and remove any Supplied Materials or posting you make on the Site, if, in absolute the Company’s opinion, such material does not comply with the content standards set out in the Company’s acceptable use policy or is in breach of these Terms. The Company has the right to disclose your identity to any third party who is claiming that any Supplied Materials posted or uploaded by you to the Site is an infringement of their intellectual property rights or of their right to privacy.
• The Company will not be responsible, or liable to any third party, for the content or accuracy of any Supplied Materials posted by you or any other user of the Site.

On-line Purchases

We may provide and approve on-line purchase of our Products shall always be subject to the provisions of the respective agreements to be executed by you and the Company (“Agreement”). Any and all payments made through this Site are subject to these Terms and the Agreement. Consequently, the Company is under no obligation to accept any payments not made in accordance with these Terms and/or the Products made following termination of any of them and you hereby acknowledge and accept that any receipt of payment through this Site 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. For avoidance of doubt, any contradiction with the provisions of the Agreement and this Terms, the provisions of the Agreement shall prevail for the particular transaction.

• Currency for all transactions is AED unless stated otherwise. It is your responsibility to ensure that payment is correctly and timely received by the Company. Accordingly, we accept no liability whatsoever in this respect, and we are 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 and/ or the Company and you shall remain responsible to pay any due amounts and penalties if any. Without prejudice to the foregoing, you shall notify us immediately in the event of any failed transaction or if you face or encounter any technical problems associated with the Site or its use. If any transaction is found to be incorrect, unauthorized or fraudulent, payment may be reversed and payments shall remain due.
• Upon receiving and realising the funds into our bank account, we shall accordingly issue a proper receipt acknowledging the same. All transactions will be processed without delay, however the Company 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 been cleared.

Links

Links to third party websites on the Site are provided solely for your convenience. The Company has not reviewed all of these third-party websites. The Company does not control and is not responsible for these third-party websites or their content or availability. The Company therefore does not endorse or make any representations about any of the third-party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk, and you shall be solely responsible for any claims or mitigation by the third-parties due to user usage and you shall hold us indemnified for all such claims. You do not in any way misrepresent your relationship with the Company and do not create any implications that the Company is endorsing any products or services other than its own.

The Company expressly reserves the right to revoke the right granted for breach of these Terms and to take any action it deems appropriate and you shall fully indemnify the Company for any loss or damage whatsoever suffered by the Company as a result of breach of this clause.

Disclaimer

No representation or warranty of any kind whatsoever is given, express or implied, for the accuracy, correctness, completeness, fitness to the purpose or non-infringement of any content or any other information or material posted or available on the Site. Any tangible or intangible harm / damage or any consequential or incidental damage thereof of any kind to the user, by accessing the Site and / or any breach of the undertaking, is entirely at the user's own risk.

Further, we cannot and do not guarantee or warrant or accept any sort of obligation that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost and/or damaged data. We shall not be liable in whatsoever manner for any such problem occurring to you by accessing or downloading any contents from the Site.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of non-infringement. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Indemnity & Liability

You agree to indemnify the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any company in the group of which the Company forms part, its predecessors, successors and affiliates, the present and former owners, partners, shareholders, directors, officers, employees, agents and representatives of any of the foregoing and their respective successors and assigns (collectively, the "Group") against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by the Group and arising out of any breach of the Terms by you (including in relation to any Supplied Materials) or any other liabilities arising out of your use of the Site or the use by any other person accessing the Site using your internet account.

The Group, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise, in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

Governing Law & Jurisdiction

This Term shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable laws of the United Arab Emirates and you agree that any dispute arising out of or in connection with, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Emirate of Dubai.