Terms & Conditions

The “getthat” (herein after referred to as the “Website”) is a platform for the Users to interact amongst themselves in relation to the products and services (e.g. auto, jobs, classifieds etc.) Users will be able to offer, sell and buy the classified products and services on the Website subject to the Terms and Conditions as detailed below. The user hereby acknowledges that he/she has read the Terms and Conditions and agrees to adhere to such Terms & Conditions of the Website. You also understand that any transaction conducted by you through the Website or by using a third-party platform is not the Owner’s responsibility and any transaction conducted by you shall be at your sole risk, responsibility and discretion.

"Advertisement" means the notice to be published, or made known, on the Website by the User.

"User" means the person using the website, whether selling or purchasing the classified products and services on the website.

Access to and use of the Site is subject to the following terms and conditions (the "Terms and Conditions"):

1. By using the Site, you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by these Terms and Conditions, you must not access or use the Site.

2. The Owner may modify these Terms and Conditions at any time without notice by posting the changes online. The Owner is under no obligation to notify you individually by any medium. Please review these Terms and Conditions regularly to ensure you are aware of all changes made thereto. Your continued use of the Website after the changes are posted means that you agree to be legally bound by these Terms and Conditions as updated or amended. The Owner is entitled to carry out acts and/ or omissions which it may, in its sole discretion, deem necessary for the enforcement or compliance of these Terms and Conditions.

Use of the Site

3. You may not copy, reproduce, republish, download, post, broadcast, transmit, modify, distribute, exploit, disseminate or make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of the Owner. If the Owner has granted a specific license to you, you may copy or reproduce Website content if such copying or reproduction is incidental or necessitated by your legitimate business needs, strictly subject to the requirement that all Website content or any adapted version, pursuant to permission from the Owner, is properly accredited to the Owner.

You grant the Owner the complete and unlimited license and right to display, copy, reproduce, adapt or use in any other manner the content provided by you, and warrant that the right of owners of any intellectual property in the content posted by you have been waived in order for such right and license to be enjoyed by the Owner. Such right is irrevocable and will remain, irrespective of discontinuation of your use of the Website or the removal of the content by you.

In the event you suspect any advertisement is in the nature of a scam, please bring it to our attention by sending a copy of such advertisement to hello@getthat.com. This, however, does not imply any kind of responsibility or liability whatsoever on the Owner, and the disclaimers under these Terms and Conditions are applicable.

4. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of any other user or restrict or inhibit any other user's use and enjoyment of the Website. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

5. In accessing the Website, you agree not to:

5.1. impersonate another person or use a false name or a name you are unauthorised to use, to create a false identity or e-mail address or contact details or postal address or try to mislead others as to the identity or origins of any communication or otherwise;
5.2. damage, interfere with or disrupt access to the Website (or third-party products and services on the Website) or do anything which may interrupt or impair their functionality;
5.3. threaten, harass, stop, abuse, disrupt or otherwise violate the rights (including without limitation rights of privacy, confidentiality, intellectual property, etc.) of others;
5.4. maintain more than one account;
5.5. contact any person(s) who has/have informed you not to be contacted;
5.6. make available, upload or distribute, by any means, any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software; or
5.7. post, upload, publish, reproduce, transmit or otherwise distribute or make available information or other material on the Website:
(i) that constitutes or encourages conduct that would give rise to a criminal offence or civil liability;
(ii) which is protected by copyright or other intellectual property right or derivative works thereof, without obtaining prior written permission of the intellectual property right holder; or
(iii) otherwise use the Website in a manner which is contrary to law or which may, in the opinion of the Owner, adversely impact the use of the Site or the internet.

The Owner retains the absolute right to prevent you from accessing the Website, on a permanent or temporary basis, as it may deem fit, without notice and without prejudice to any of the Owner's accrued rights, where it, in its absolute discretion, considers that you are contravening any of the Terms and Conditions and/or any other access policy relating to the Website that may be maintained by the Owner.

6. The Owner's Privacy Policy is a binding part of these Terms and Conditions.

Disclaimers and Limitation of Liability

7. The Website content, including the information, names, images, pictures, logos and icons regarding or relating to the Owner, its products and/or services (or to third-party products and services), is provided on an "AS IS" and "IS AVAILABLE" basis without any representations. The Owner does not warrant that the functions contained in the Website content will be uninterrupted or error free, that defects, if any, will be corrected, or that the Website or the server that makes it available are free of viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software. The Owner does not make any representations or warranties about the operation time, quality, speed of search and availability of the Website, and shall in no event be liable for any direct or indirect liability, costs, claims, proceedings, demands, losses, damages, expenses arising out of any technical problems with the Website.

The Owner assumes no responsibility to you or any third party for any errors or omissions of any kind in the Website content or deriving therefrom and disclaims all warranties and to any other matter relating to the Website and the Website content, including but not limited to any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security and accuracy.

8. Under no circumstances will the Owner be liable for any damages and/or losses and/or other claims, whether direct or indirect (whether the same were foreseen, foreseeable, known or otherwise), arising out of or in connection with the use or performance of the Website or the content available or referred to on the Website or on any other site that you may access through the Website, even if advised of the possibility of such damages, including without limitation:

8.1. loss of data;
8.2. loss of revenue or anticipated profits;
8.3. loss of business;
8.4. loss of opportunity;
8.5. loss of goodwill or injury to reputation/defamation;
8.6. losses suffered by third parties; or
8.7. any indirect, consequential, special, incidental or exemplary damages.

9. All material contained on the Website is published in good faith. The Owner does not, in any circumstance, accept responsibility or liability for the accuracy, success, credibility or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The Owner is neither associated with the User nor is it a party to any transaction between the Users for the classified products and services that are being offered on the Website. The Owner is not responsible for any interaction and/ or transaction between the users of the Website nor the Owner has any control over the products and services offered by the User on the Website. The Owner is only providing a platform to the Users, where the Users interact with each other as per their convenience and for legitimate requirement.

The Owner specifically disclaims all and any liability to the Users for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Owner or its employees or agents or any other person. Under no circumstances shall the Owner be liable to the Users or any other party for any special, incidental, indirect or consequential damages of any kind, including without limitation those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Owner was advised of the possibility of such losses. In all other respects, the Owner's liability, if any, shall be limited to the relevant fee paid by the User to the Owner.

10. The Owner reserves the right to modify or suspend the Website at any time and for so long as the Owner (at its sole discretion) may wish, as well as change or remove any content from the Website, in whole or in part, at its sole discretion, at any time without notice and without any liability whatsoever. The Owner may, in addition, at its sole discretion, suspend or withdraw your access to the Website at any time, without notice. Any refund shall be at the Owner’s discretion.

11. Links available on the Website may allow you to link to websites not maintained or controlled by the Owner. The Owner provides these links for your convenience and is not responsible for the contents of any linked websites. The Owner cannot and does not warrant the accuracy, authenticity, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links and makes no representation or endorsement whatsoever about any other website which you may access through the Website. It is also your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.

12. We use DFP ad serving technology to help with serving digital advertisements and collecting information about your visits to this website, which may be utilised by DFP and us in order to provide advertisements about goods and services that may be of interest to you. Further information about DFP technology use is available on this link https://support.google.com/dfp_premium/answer/2839090?hl=en

By using this website, you consent to the processing of data about you by DFP and us.

To deliver our services on the Website, we use Lotame Crowd Control tags to collect, organize, and use non-personal information reflecting your interactions with our websites. This information includes items such as the date and time you visited our websites, your browser information, your IP address, your browsing behaviour, your age and gender, and interests you express or imply at social networking sites or other websites you visit. Lotame Crowd Control recognizes your computer over time by setting a unique browser cookie, which your browser relays to our servers when you visit our websites that are affiliated with our partners or clients. To understand more about our data collection, please visit https://www.lotame.com/.

To provide the services to the Users on the Website, we are using third-party services for various aspects of the Website. The third party services are governed by separate terms and conditions, which are to be adhered to by the Users. To understand more about the terms and conditions, please visit their websites on the following links:

# Algolia (Search engine)
# Autho (User authentication)
# Zopim (Chat)
# Cyber Source (Payment gateway)
# Selligent (E-mail services)
# Google (Double Click)

Opting Out or Customizing Your Experience: You have the option to opt out by deleting your browser cookies. In event of any difficulty in opting out you can refer to your web browser's documentation to get more information on how to block or delete cookies directly through your browser settings.

Indemnity

13. You agree to defend, indemnify and hold harmless the Owner, its successors, assigns, managers, shareholders, directors, and employees from any and all liability, costs, claims, proceedings, demands, losses, damages, expenses, including without limitation, all attorneys' fees and legal expenses, which may be related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of the Website or placement or transmission of any information or other materials on the Website by you or users of your account, including but not limited to claims and/ or disputes between you and any other user(s).

Intellectual Property

14.The names, marks, designs, color theme, images and logos identifying the Owner or third parties and their products and services are subject to copyright, design rights, trademarks and other intellectual property rights, as applicable, of the Owner and/or third parties. In addition, the Website is/are a collective work(s) and protected by the applicable intellectual property rights. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, patent, design right, copyright or other intellectual property rights, as applicable, of the Owner or any third party. Any infringement by you or users of your account or in connection with the use of the Website or placement or transmission of any information or other materials on the Website by you or users of your account of any of the intellectual property rights of the Owner and/ or third party shall result into an obligation on you to indemnify the Owner and/ or third party, as applicable, for all direct and indirect losses, damages, claims and liabilities resulting from such infringement.

The User's General Obligations

15. The User contracts with the Owner as principal. Where the User and the advertiser are different persons, the User warrants that it is properly authorized to place the Advertisement on behalf of the advertiser.

16. The User warrants that, in relation to an Advertisement as submitted or subsequently amended:

16.1. the reproduction and/or publication of such Advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other intellectual, personal or proprietary right of any person or render the Owner liable to any proceedings whatsoever;

16.2. all advertising copies submitted to the Owner are legal, decent, honest and truthful and comply with the laws of the UAE as applicable from time to time; and

16.3. in relation to any advertisement/promotion, the advertiser is or the contents of the Advertisement have been approved by the authorized Government Department as per the laws of the UAE.

17. To the extent possible, the copyright in all artwork, copies and other materials which the Owner or its employees have originated or reworked shall vest in the Owner. The User grants the Owner a license to reproduce on the Website all material not so vesting unless specifically agreed otherwise.

18. The User agrees to check the correctness and legality of the Advertisement. Any complaint, whether about the Advertisement or each individual Advertisement if part of a series, must be raised with the Owner immediately.

19. The User will indemnify the Owner and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Owner arising directly or reasonably foreseeably as a result of any breach or non-performance by the User of any of the representations, warranties or other terms and conditions contained herein or implied by law.

The Owner's Rights and Obligations:

20. The Owner may decline to publish, or omit, suspend, edit, change the position/location or require amendment of all or any part of an Advertisement accepted for inclusion on the Website. The Owner is not obliged to publish, and shall not be held liable for any omission to do so, any Advertisement on a particular day or in a particular position and/or location.

21. Without prejudice to the Owner's right to be paid, in the event of any error in the publishing of the Advertisement caused by the act or omission of the Owner, the Owner at its sole discretion may adjust the cost accordingly. No reinsertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.

22. The Owner is under no obligation to refund any payments made in respect of Advertisements, whether or not the Advertisement has been published, amended or removed from the Site for any reason whatsoever. The issuance of refunds, if any, will be at the Owner's sole discretion.

23. To ensure the highest levels of customer service, telephone calls made to and from the Owner may be recorded.

24. From time to time, the Owner may contact a User with details of products and services, which may be of interest.

Services

25. Free Postings
The Owner provides the User the opportunity to post the advertisement(s) for free on the Website for a certain duration in accordance with the terms and conditions as set forth herein.

26. Paid Postings
After the expiry of the free period, the User will be charged for placing the advertisement(s) on the Website. The Owner will decide on the pricing of each advertisement.

27. Ads Up Sells
To enhance the advertisement, the Owner also provides the User with the service to place the advertisement on the Website with enhanced features, the service is known at “Ads Up Sells”.

For the purpose of utilizing the “Paid Postings” and “Ads Up Sells”, the User may be required to provide the information and payment through third party services, which will be governed by the third-party’s terms & conditions and policies. The Owner exempts itself from any obligation or liability that may occur due to the use of third-party services. The Owner does not make any representation or guarantee as to the safety and security of the information that is transmitted by using third-party services. Using third-party services is completely at User’s volition and risk. Please also note the fee for “Paid Postings” and “Ads Up Sells” shall not be refundable and any refund shall be at the sole discretion of the Owner.

General Provisions

28. The placing of an order for an Advertisement amounts to an acceptance of these Terms and Conditions (including any additional terms and conditions set out in the rate card) to the exclusion of all other terms and conditions, and the electronic format does not impact the enforceability of the same. These Terms and Conditions and all documents referenced herein constitute the entire agreement between the parties.

29. If there is any conflict between these Terms and Conditions and the terms and conditions appearing elsewhere on the Site, these Terms and Conditions shall prevail.

30. No waiver by the Owner shall be effective except in relation to the matter in respect of which it was specifically given.

31. The Owner's failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any provision contained, or right granted, herein.

32. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by a court of competent jurisdiction within any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition, or part thereof, is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of any other provisions contained herein.

33. These terms shall be governed by and interpreted in accordance with the laws of the United Arab Emirates (applicable in the Emirate of Dubai).

Thank you for visiting and using the Site. We welcome your feedback and suggestions on all Site services. Please send an email to hello@getthat.com