Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY. By accessing or using www.vomely.com, any related microsite, mobile application, or digital platform operated by Vomely Marketing Management (collectively, the "Site"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not accept these Terms, strictly do not use the Site.

1. Definitions
   1. 1.1 "Vomely", "we", "us", "our" means Vomely Marketing Management, a Sole Establishment registered with the Dubai Department of Economy and Tourism (DET) under license number 1585413, together with its officers, directors, employees, and authorized corporate representatives.
   2. 1.2 "User", "you", "your" means any natural or legal person who accesses, browses, or otherwise uses the Site, whether as a guest, a registered user, a property seeker, a real estate broker, a developer, or an advertiser.
   3. 1.3 "Content" covers all text, graphics, photographs, property listings, illustrations, floor plans, audio and video clips, data, software, code, interfaces, trademarks, and other material made available on or downloadable from the Site.
   4. 1.4 "Request Listing" means the advertisement or post published by a User on the Site for the purpose of announcing a requirement to buy, rent, or barter a property ("Property Request"). It is not an offer to sell, but an invitation for Brokers to contact the User.
   5. 1.5 "Applicable Law" means the Federal laws of the United Arab Emirates and the laws of the Emirate of Dubai as applied in the Dubai Courts.
2. Acceptance of the Terms
   1. 2.1 By accessing, browsing, or using the Site, you represent that you are legally capable of entering into binding contracts. Your use of the Site constitutes your binding legal agreement with Vomely based on these Terms.
   2. 2.2 Vomely reserves the right to amend these Terms at any time without prior notice. The most current version of the Terms will be posted on the Site with the "Effective Date" updated. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
3. Eligibility and Capacity
   1. 3.1 The Site is intended solely for individuals who are at least 18 years of age (or the age of majority in their jurisdiction of residence) and possess full legal capacity to enter into binding contracts under Applicable Law. If you are accessing the Site on behalf of a corporate entity (e.g., a real estate agency or developer), you represent and warrant that you have the authority to bind that entity to these Terms.
   2. 3.2 By using the Site, you represent and warrant that:
      1. You are not the subject of any trade sanctions, embargoes, or other restrictions imposed by the United Arab Emirates, the United Nations, or other relevant government authorities;
      2. You are not located in a jurisdiction where access to or use of the Site is prohibited by law;
      3. You will use the Site solely for lawful purposes and in accordance with these Terms;
      4. You are the legal owner, or the authorized representative of the owner, for any property or asset you list for Rent, Sale, or Barter.
      5. Any Property Request you post is based on a genuine intent to buy, rent, or barter. You are not posting requests solely to survey market prices or harass Brokers; and
      6. You explicitly understand that by posting a Request Listing, you are inviting third-party Real Estate Brokers to contact you via phone, WhatsApp, or email.
   3. 3.3 Vomely reserves the right, but is not obligated, to request proof of age, legal capacity, or corporate authority (such as a Power of Attorney or Trade License) at any time. We may suspend or terminate your access immediately if we suspect non-compliance or if you fail to provide such proof upon request.
4. Nature of Services
   1. 4.1 Platform Only: Vomely acts solely as an online marketing and advertising platform connecting Users. We are not a real estate brokerage, financial institution, or auctioneer. Vomely does not hold funds on behalf of Users, does not transfer legal ownership of items or properties, and does not act as a fiduciary or trustee for any User.
   2. 4.2 No Professional Advice: The Content provided on the Site is for informational purposes only. While we strive to provide a high-quality platform, Vomely does not provide professional real estate, legal, financial, or valuation advice.
   3. 4.3 Transaction Risks: You acknowledge that any transaction (Buying, Renting, or Bartering) is solely between you and the other User. Vomely is not a party to these transactions and disclaims all liability for the quality, safety, legality, or pricing of any property or item listed.
5. Local Restrictions and Cross-Border Access
   1. 5.1 The Site is controlled and operated from the United Arab Emirates (UAE). Vomely makes no representation that the Content is appropriate or available for use in other locations.
   2. 5.2 Users accessing the Site from outside the UAE do so on their own initiative and are solely responsible for compliance with local laws. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction at any time.
6. User Accounts and Registration
   1. 6.1 To access certain features of the Site (such as posting properties, viewing contact details, or using the "Barter" functions), you may be required to register and create a password-protected account.
   2. 6.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
   3. 6.3 You are solely responsible for safeguarding your password and for all activity that occurs under your account. You agree to notify Vomely immediately of any unauthorized use. Vomely is not liable for any loss or damage arising from your failure to comply with the above.
7. Accuracy of Requests & Broker Interactions
   1. 7.1 Vomely acts solely as a connector. We do not verify the professional standing of every Broker who contacts you, nor do we verify the specific properties they may offer you.
   2. 7.2 User Responsibility:
      1. You acknowledge that once your Request is live, you may receive communications from multiple Brokers.
      2. It is your responsibility to verify that any Broker you choose to deal with holds a valid RERA Card (Broker ID) and that any property they offer has a valid Trakheesi Permit.
   3. 7.3 You agree to mark your Request as "Closed" or "Fulfilled" immediately once you have found a property, to prevent further unwanted calls.
8. Fees and Payments
   1. 8.1 Certain services on the Site (e.g., "Verified" listings, premium advertising, or featured posts) may be subject to fees. You agree to pay all applicable fees as described on the Site in connection with such services.
   2. 8.2 Vomely reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site.
   3. 8.3 Unless otherwise expressly stated in writing by Vomely, all fees paid are non-refundable, regardless of whether your listing is successful or if you choose to remove it early.
9. Intellectual Property Rights (IPR)
   1. 9.1 Unless otherwise explicitly stated, all Intellectual Property Rights in the Site, including the "Vomely" brand, logos, software code, database structures, website design, and layout are owned by Vomely Marketing Management.
   2. 9.2 Content uploaded by Users (such as property photos and descriptions) remains the property of the respective User; however, by posting such Content, the User grants Vomely a perpetual, worldwide, royalty-free license to display, reproduce, and distribute that Content for the purpose of operating and marketing the Site.
10. Limited License to Use the Site
    1. 10.1 Vomely grants you a limited, revocable, non-exclusive license to access and use the Site solely for the purpose of searching for properties or items, or managing your own listings, in accordance with these Terms.
    2. 10.2 You are strictly prohibited from:
       1. Data Scraping: Using any robot, spider, scraper, or other automated means to access the Site or collect content (including listing data and user contacts) for any purpose;
       2. Commercial Exploitation: Selling, reselling, or commercially exploiting the Site’s data without our express written consent;
       3. Deep Linking: Framing or deep-linking to any portion of the Site.
11. Acceptable Use Obligations
    1. 11.1 You agree not to use the Site to:
       1. Upload or transmit viruses, malware, or any code designed to disrupt the Site’s functionality;
       2. Harass, abuse, or defame any other User or Vomely staff member;
       3. Infringe the Intellectual Property or privacy rights of any third party;
       4. Post listings for items or properties that are illegal to sell, rent, or barter under UAE Law;
       5. Engage in spamming, bulk messaging, or unauthorized solicitation of other Users; or
       6. Manipulate the price or description of items to deceive other Users or the Vomely platform.
12. Third Party Sites and Resources
    1. 12.1 The Site may contain links to third party websites, including but not limited to websites maintained by real estate brokers, property developers, payment processors, or financing partners ("External Sites"). Vomely provides these links for convenience only and is not responsible for the content, availability, or accuracy of External Sites.
    2. 12.2 A link to an External Site does not imply endorsement by Vomely. Users access External Sites at their own risk and should review their terms and privacy policies.
    3. 12.3 Correspondence and Dealings: Any dealings, correspondence, or transactions (including payment and delivery of goods or services) made between you and any third party found on or through the Site (including real estate agents and developers) are solely between you and that third party. Vomely shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
13. Market Analysis and Forward Looking Statements
    1. 13.1 Informational Purposes Only: The Site may contain blog posts, market analysis, property valuation estimates, and trend projections ("Market Content"). This content is provided for general information and educational purposes only.
    2. 13.2 No Financial Advice: Nothing in the Market Content constitutes financial, investment, legal, or real estate advice. While Vomely strives for accuracy, market conditions change rapidly.
    3. 13.3 No Reliance: Vomely makes no warranty regarding the accuracy or completeness of any projections or future performance predictions. You should not rely on this information as the sole basis for making property investment decisions.
14. Risk Warning
    1. 14.1 Investment Risks: To the extent the Site facilitates private investments, real estate SPVs, or unlisted securities, Users acknowledge that these are speculative and illiquid. They involve risk of loss of capital, dilution, lack of dividends, currency fluctuations, and regulatory changes.
    2. 14.2 Property Listings and Condition:
       1. Verification: While Vomely takes steps to maintain quality, we cannot guarantee that all property listings are accurate, current, or available. Properties may be withdrawn from the market or pricing may change without notice.
       2. Physical Condition: Vomely does not inspect properties physically. We make no representations regarding the structural integrity, safety, absence of defects (latent or patent), or legal title of any property listed.
       3. User Diligence: It is the User’s sole responsibility to conduct due diligence, including physical viewings, legal title checks, and surveying, prior to transferring funds or signing contracts.
15. Privacy and Cookies
    1. 15.1 Vomely processes personal data in accordance with its Privacy Policy, which forms an integral part of these Terms. By using the Site, you acknowledge that limited data (such as contact details) may be shared with real estate agents or developers solely to facilitate your inquiries.
    2. 15.2 Cookies and similar tracking technologies are used to enhance user experience and analyse site traffic as described in the Cookie Policy. By using the Site, you consent to such use.
16. Confidentiality of Restricted Materials
    1. 16.1 Documents hosted in password protected areas, secure data rooms, or designated as "Confidential" are sensitive. They are provided subject to the Vomely Master NDA or, in the absence of a specific NDA, standard confidentiality obligations.
    2. 16.2 Users agree to keep such materials strict confidence. Unauthorised disclosure, reproduction, or onward transmission of restricted materials (including seller details, off-market pricing, or tenant ledgers) is strictly prohibited and may result in immediate suspension of access and legal action.
17. Electronic Communications, Marketing, and AI
    1. 17.1 Consent to Electronic Delivery: You consent to receive communications from us electronically, such as via email, text, or on-site notices. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    2. 17.2 Marketing and Third-Party Contact:
       1. Vomely Updates: You consent to receiving promotional messages and newsletters from Vomely. You may opt out of these at any time via the "unsubscribe" link.
       2. Broker Interaction: By submitting an inquiry on a property, you expressly acknowledge that Vomely may pass your contact details to the relevant real estate broker, developer, or landlord. You consent to being contacted directly by these third parties regarding your inquiry.
    3. 17.3 AI Chatbots and Automated Assistants: The Site may utilise automated chat agents or Artificial Intelligence ("AI") tools to assist users. You acknowledge that:
       1. These tools are automated and may not fully understand complex legal or property queries.
       2. Information provided by the AI is for guidance only and does not constitute binding offers or professional advice.
       3. Vomely is not liable for errors, omissions, or "hallucinations" generated by AI tools.
18. Downloadable Materials and Digital Assets
    1. 18.1 Scope of Downloads: Any digital materials made available for download on the Site, including but not limited to brochures, floor plans, high-resolution property images, market reports, and spreadsheets ("Digital Assets"), are licensed to you for personal, non-commercial reference only.
    2. 18.2 "As Is" and Virus Warning:
       1. No Warranty: Digital Assets are provided on an "as is" basis. Vomely does not warrant that these files are compatible with your device or free from errors.
       2. Security: While Vomely uses reasonable measures to scan for threats, we cannot guarantee that files are strictly free from viruses, malware, or other harmful code. You are responsible for maintaining your own anti-virus protection.
       3. Liability: Vomely disclaims all liability for any damage to your computer system, mobile device, or loss of data that results from the download of any Digital Assets.
19. No Fiduciary or Advisory Relationship
    1. 19.1 Platform Role: You acknowledge that Vomely operates primarily as a technology platform for listing and advertising properties. Your access to the Site or interaction with Vomely support personnel does not create a fiduciary, advisory, agency, or estate-agent-client relationship.
    2. 19.2 No Professional Advice: Unless you have entered into a separate, written service agreement with Vomely, we act solely as a publisher of information. We do not provide legal, tax, valuation, or investment advice. You should consult your own professional advisors before entering into any property transaction.
20. Indemnification
    1. 20.1 You agree to indemnify, defend, and hold harmless Vomely, its affiliates, shareholders, directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
       1. Breach: Your violation of these Terms or any specific instructions found on the Site;
       2. User Content: Any listing data, photographs, or descriptions you submit to the Site that violate intellectual property rights or mislead third parties;
       3. Interaction: Your disputes or dealings with third-party brokers, buyers, or developers found through the Site;
       4. Violation of Law: Your violation of any applicable laws, including UAE real estate regulations or data protection laws.
21. Limitation of Liability
    1. 21.1 Exclusion of Damages: To the maximum extent permitted by applicable law, Vomely shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption arising out of or in connection with the Site, whether based on contract, tort (including negligence), strict liability, or otherwise.
    2. 21.2 Liability Cap: Vomely’s total aggregate liability to any User for all claims arising out of or relating to the Site shall be strictly limited to the greater of:
       1. The amount paid by the User to Vomely in the six (6) months prior to the event giving rise to the claim; or
       2. Five Hundred United Arab Emirates Dirhams (AED 500).
    3. 21.3 Exceptions: Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
22. Disclaimer of Warranties
    1. 22.1 "As Is" and "As Available": The Site and all Content are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, Vomely disclaims all express, implied, or statutory warranties, including warranties of title, merchantability, fitness for a particular purpose, and non infringement.
    2. 22.2 No Verification of Ownership or Authority:
       1. Title and Ownership: Except as expressly provided in Clause 7.1 regarding Verified Listings, Vomely does not verify the legal title, ownership chain, or Ultimate Beneficial Ownership (UBO) of any property listed on the Site.
       2. Authority to Transact: Vomely does not guarantee that any user, broker, or entity listing a property has the valid legal authority, power of attorney, or necessary regulatory licenses (such as RERA registration) to sell, rent, barter, or manage the property.
       3. User Responsibility: You acknowledge that it is impossible for Vomely to vet every listing. It is your sole responsibility to verify the identity and authority of any counterparty before exchanging funds or signing contracts.
    3. 22.3 Technical Disclaimers: Vomely does not warrant that the Site will be uninterrupted, secure, or free from errors, viruses, or other harmful components. We do not guarantee the accuracy, completeness, or timeliness of any data (including pricing or availability) displayed on the Site.
23. Force Majeure
    1. 23.1 Vomely shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events beyond its reasonable control ("Force Majeure Events").
    2. 23.2 Force Majeure Events include, but are not limited to:
       1. Acts of God, including fire, flood, earthquake, storm, hurricane, or other natural disasters;
       2. War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
       3. Government order, law, or actions, including embargoes or blockades;
       4. National or regional emergencies, epidemics, or pandemics;
       5. Strikes, labour stoppages, or slowdowns; and
       6. Failure of communications networks, power shortages, or interruptions in third-party internet infrastructure (including cloud service providers or DNS failures).
24. Suspension and Termination
    1. 24.1 Vomely reserves the right, without notice and at its sole discretion, to suspend or terminate your access to the Site, block your IP address, or disable your account if we determine or suspect that you have violated these Terms, applicable laws, or the rights of any third party.
    2. 24.2 Survival: Provisions that, by their nature, should survive termination of these Terms shall remain in effect after such termination. This includes, but is not limited to, Clauses 9, 11, 13, 14, 16, 20, 22, 26, 30, 33.
25. Site Modifications and Access Restrictions
    1. 25.1 Vomely reserves the right to add, modify, update, suspend, or discontinue any part of the Site, features, or Content at any time without liability to you.
    2. 25.2 Vomely may, at its discretion, restrict or limit access to specific features or services for certain Users or geographic regions without prior notice. Such restrictions may include, but are not limited to:
       1. The ability to contact brokers, developers, or other users;
       2. The ability to list properties for sale, rent, or barter;
       3. Access to historical pricing data, floor plans, or contact details; and
       4. The number of inquiries or listings a User may post within a given timeframe.
26. Severability
    1. 26.1 If any provision of these Terms is held by a court or administrative body of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from these Terms.
    2. 26.2 The remaining provisions of these Terms shall remain in full force and effect and shall be valid to the fullest extent permitted by law.
    3. 26.3 If any invalid provision would be valid if some part of it were deleted or modified, the provision shall apply with such modification as may be necessary to make it valid and effective.
27. Waiver
    1. 27.1 No failure or delay by Vomely in exercising any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
28. Assignment
    1. 28.1 Vomely may assign, transfer, or sub-contract its rights and obligations under these Terms to any affiliate or third party without your consent (for example, in the event of a company merger or sale of assets).
    2. 28.2 User Restrictions: You may not assign, transfer, sub-license, or delegate your rights or obligations under these Terms without Vomely’s prior written consent.
       1. Prohibited Actions: For the avoidance of doubt, you are strictly prohibited from selling, gifting, or transferring your user account, login credentials (username and password), or access rights to any third party.
       2. Invalidity: Any attempted assignment or transfer in violation of this clause shall be null and void.
29. Entire Agreement
    1. 29.1 These Terms, together with the Privacy Policy, Cookie Policy, and any specific Master NDA (if applicable), constitute the entire agreement between you and Vomely relating to the Site and supersede all prior discussions, correspondence, arrangements, or understandings.
    2. 29.2 In the event of a conflict between these Terms and any other content or policy posted on the Site, these Terms shall prevail.
30. Governing Law
    1. 30.1 These Terms and any non contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the Laws of the Emirate of Dubai and the applicable Federal Laws of the United Arab Emirates.
31. Jurisdiction
    1. 31.1 The Courts of Dubai (excluding the Courts of the Dubai International Financial Centre) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Site.
    2. 31.2 You waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
32. Language
    1. 32.1 These Terms are drafted in the English language. If these Terms are translated into any other language (including Arabic), the English language version shall prevail in the event of any inconsistency/discrepancy.
33. Contact Information
    1. 33.1 Questions, notices, or complaints regarding the Site or these Terms should be directed to Vomely at:
       • Email: info@vomely.io
       • Post: Legal Department, Vomely Marketing Management, Dubai, United Arab Emirates

By browsing, accessing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.