Terms and Conditions
1. Acceptance of Terms of Use
This website is owned and operated by Living Quality Properties LLC (“LivingQ”, “we” or “us”). The following terms and conditions, any brochure or factsheet, sales offer (or any lease, booking form, sale and purchase agreement (“Property Agreement”) or any other legal, contractual or other document or resource) (together the “Documents”) entered into with LivingQ or any of its affiliates pertaining to a commercial lease, unit or plot in an LivingQ project or any other legal or commercial arrangement in respect of which this website is used together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.livingq.com incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
2. Changes to Terms of Use
LivingQ reserves the right to revise and update these Terms of Use, the Privacy Policy or any other content (including uploaded documents or other resources) of the Website from time to time in our sole discretion and without prior notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the LivingQ, its licensors or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
4. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
LivingQ reserves the absolute right, without any liability whatsoever, to amend vary or extend at any time the completion date of its projects inter alia the estimated/scheduled completion date(s) mentioned on or through the Website
5. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of services formed through the Website or as a result of visits made by you are governed by these Terms of Use and the Property Agreement.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Any and all payments made through this Website are subject to these Terms of Use and the Property Agreement. Consequently, LivingQ is under no obligation to accept any payments not made in accordance with these Terms of Use or Property Agreement or made following termination of any of them and you hereby acknowledge and accept that any receipt of payment through this Website 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.
Description of Goods and Services: The Website can be used for payment of service fees, utilities and any other charges payable by you for management of the community, compliance with community rules or required by applicable law and in compliance with the Property Agreement.
The currency for all transactions is AED unless expressly stated otherwise.
It is your responsibility to ensure that any required payment is correctly and timely received by Company. Accordingly, we accept no liability whatsoever in this respect, and we are under no obligation whatsoever 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 LivingQ and you shall remain responsible to pay any due amounts. 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 Website or its use.
If any transaction is found to be incorrect, unauthorized or fraudulent, the payment (and any related payments) may be reversed, and payments shall remain due. Payment transactions will be processed within a reasonable timeframe of the transaction being submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed within a reasonable timeframe of next working weekday.
Upon receiving the funds into our bank account, we shall accordingly endeavour to issue a proper receipt acknowledging the same. All transactions will be processed without delay, however LivingQ 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.
Refunds of any payments (if any) made through the Website are subject to the terms and conditions of the Property Agreement. Any duplicate or excess payments received will be adjusted against future/subsequent invoices at LivingQ’s exclusive discretion. It is your responsibility to maintain document evidencing payment though the Website.
Any service or maintenance requests made through this Website shall be subject to the property Agreement or applicable rules or provisions as the case may be.
6. Geographic Restrictions
The owner of the Website is based in the United Arab Emirates. We make no claims that the Website or any of its content is accessible or appropriate outside of the United Arab Emirates. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local (or applicable) laws.
7. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are solely 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 Website for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by 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 (directly or indirectly) due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or from accessing any website (or materials) linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither LivingQ nor any person associated with LivingQ makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website or its contents. Without limiting the foregoing, neither LivingQ nor anyone associated with LivingQ represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services will otherwise meet your needs or expectations.
LivingQ 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.
8. Indemnification
You agree to defend, indemnify and hold harmless LivingQ, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including all legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and, any use of the Website’s content, services and products or your use of any information obtained from the Website regardless of whether they are permitted by this Terms of Use.
9. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Dubai, United Arab Emirates although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your place or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Limitation on Time to File Claims
Any cause of action or claim you may have arisen out of or relating to these Terms of Use, or the website must be commenced within one (1) Year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
11. Waiver and Severability
No waiver by LivingQ of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LivingQ to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.