Terms of Service - Graticat

WELCOME TO GRATICAT!

PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF

THE GRATICAT.COM WEBSITE AND THE SERVICES.

27 November 2022

By using https://graticat.com/ (collectively, the “ Website ”), you confirm that you have read,

understood, and accept these terms of use (“Terms ”) as the terms which govern your access to

and use of the Website and the Service and you agree to comply with them. If you do not accept

or agree to comply with these Terms, you must not use this Website. Additionally, when using a

portion of the Service, you agree to conform to any applicable posted guidelines for such

Service, which may change or be updated from time to time at our sole discretion.

These Terms are made between Graticat (“we” “us” “ our ”, the “Company”, as applicable) and

you (“you ” or the “ User ”). The Company is part of Graticat LLC with headquarters at Vake

District, Zakaria Paliashvili Street, Tbilisi, Georgia – registration number 405569567 on the

13/10/2022.

If you are a company advertising on our Website, you will be required to enter into additional

terms and conditions set out in our Advertising Agreement, however, please note that these

Terms will still apply and must be read in conjunction with any other agreement you enter into

with the Company.

1. DEFINITIONS

1.1 The following capitalised terms shall have the following meaning, except where the

context otherwise requires:

“Advertising Agreement ” – an agreement for the provision of advertising services or

products entered into between the Company and the Client.

“Ad Services Package ” – the bundle of advertising product or service which the

Company agrees to provide to the Customer, as set out in the relevant order form

provided by the Company and signed by the Client to order the Ad Services Package

pursuant to these Terms and the terms of the Advertising Agreement.

“Client” – the client entity that is party to the Advertising Agreement.

“Customer” – any customer of the Client.

“Graticat” - Graticat LLC which is the owner of www.graticat.com.

“Effective Date” – the date set out at the top of these Terms.

“Intellectual Property Rights ” – all intellectual property, including patents, trademarks,

rights in goodwill, database rights and rights in data, rights in designs, copyrights and

topography rights (whether or not any of these rights are registered, and including

applications and the right to apply for registration of any such rights) and all inventions,

rights in know-how, trade secrets and confidential information, customer and supplier

lists and other proprietary knowledge and information and all rights under licences and

consents in relation to any such rights and all rights and forms of protection of a similar

nature or having equivalent or similar effect to any of these which may subsist anywhere

in the world for their full term, including any renewals and extensions.

“Material” – material and content published on the Website or otherwise provided by the

Company in connection with the Service.

“Privacy Policy” – the privacy policy of the Company from time to time.

“Product” – an online classifieds advertising platform provided on the Website and the

Ad Services Package.

“Posting Agents” – a third-party agent, service or intermediary that offers to post

Material to the Service on behalf of others.

“Registration Details ” – the details a User must provide upon registering for the

Website from time to time (for example: name, phone numbers, email address, age

and/or address).

“Service” – the provision of the Website and the Product.

“Unacceptable ” – any material or information uploaded to or made available on the

Website which under the law of any jurisdiction from which the Website may be

accessed may be considered:

1. illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic,

insulting, false, unreliable, misleading, harmful or potentially harmful to minors,

threatening, libellous, alleged to be or actually defamatory or in infringement of third-

party rights (of whatever nature and including, without limitation, any Intellectual

Property Rights), invasive of another’s privacy or other rights, to relate to or

encourage money laundering or illegal gambling;

2.in breach of any applicable regulations, standards or codes of practice

(notwithstanding that compliance may not be compulsory);

3.in contravention of legislation, including without limitation, that relating to weapons,

animals or alcohol; or

4.harmful to the Company’s reputation.

“User Material ” – material and content posted on the Website by a User or otherwise

provided to Graticat LLC by a User in connection with the Website or the Service.

2. GENERAL TERMS AND CONDITIONS WHICH APPLY TO USERS

2.1 In registering for this Website, the User must provide true, accurate, current and

complete Registration Details which the User must update after any changes (except

age) before using the Website for further services in the future.

2.2 The User hereby agrees and acknowledges that the Website may contain adverts

placed by advertisers or companies in the course of business for goods or services (and

which the Company takes no responsibility for). Advertisers or companies using the

Website or the Service to place adverts offering goods or services of a business,

commercial or trade nature must include their full names in the advert and make it clear

that they are selling goods or services in the course of business either by the content,

format, size or place of the advertisement or by including words such as “trade”, “dealer”,

“agent”, “wholesale” or similar in the name of the advert they submit for publication.

2.3 The User hereby warrants and represents to the Company that it is at least eighteen

years of age and legally able to enter into contracts.

2.4 The Company reserves the discretion to withdraw any Material or User Material from

the Website without prior notice and to refuse any User Material posted or provided to

the Company by a User.

2.5 The User’s Registration Details and data relating to its use of the Website will be

recorded by the Company, but this information shall not be disclosed to third parties

(otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy

Policy or in accordance with Clause 2.6 below) nor used for any purpose unrelated to

the Website. By agreeing to the terms, you expressly give us permission to verify the

authenticity of your details by calling you on the phone number submitted to us. The call

may be recorded for quality assurance.

2.6 The User hereby authorises the Company to use any information which it submits to

the Website to inform the User of special offers, occasional third party offers and for

other marketing and related purposes. Without prejudice to Clause 2.5 above, the

Company will not use User data for any other purposes than as set out in these Terms

except that the Company may disclose this data if compelled to do so by law, or at the

request of a law enforcement agency or governmental authority.

2.7 If the User does not wish the Company to use its information as set out in Clause 2.6

above, it should leave the Website before submitting its personal details.

2.8 If the User does not want the Company to use its email address or SMS/mobile number

to send information concerning the Website and related matters, the User should send

an email message to info@graticat.com insert unsubscribe as the subject heading of

such message.

2.9 You must keep confidential any user identification and password details set-up or given

to you as part of our security procedures and must not disclose them to any third party.

2.10 The Company reserves the right to suspend or terminate a User’s account where, in

its absolute discretion, it deems the User has breached these terms or deems such

suspension or termination is otherwise appropriate. In the event of such suspension or

termination, the Company will notify the User by email and the User must not seek to re-

register on any Website either directly or indirectly through a related entity. The

Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy

the Company may have in respect of any breach, or any rights, obligations or liabilities

accrued prior to such suspension or termination.

2.11 For the avoidance of doubt, the Company is providing a service not goods.

2.12 Graticat LLC owns all Intellectual Property Rights in and associated with the Website

and the Service, including without limitation, any trademarks, trade names, designs, text,

graphics and the selection and arrangement thereof. Nothing contained in the Website

should be construed as granting by implication or otherwise, any license or right to use

any trademark displayed on the Website without our written permission. You may print

off one copy, and may download extracts, of any page(s) from the Website for your

personal use and you may draw the attention of others to content posted on the

Website, but you must not modify the digital or paper copies of any materials you have

printed off or downloaded in any way, and you must not use any photographs or videos

separately from any accompanying text. You agree not to circumvent, disable, or

otherwise interfere with security related features of the Website or features that prevent

or restrict use or copying of any Materials or enforce limitations on use of the Website or

the Materials therein. Material displayed on or through the Service is protected by

copyright as a collective work and/or compilation, pursuant to copyrights laws, other

laws, and international conventions. Any reproduction, modification, creation of

derivative works from or redistribution of the Website, the Materials, or the collective

work or compilation is expressly prohibited. Copying or reproducing the Website, the

Materials, or any portion thereof for further reproduction or redistribution is expressly

prohibited.

2.13 The Company takes reported and actual infringement of Intellectual Property Rights

and fraud extremely seriously and whilst Users cannot hold the Company liable in

relation to such issues, the Company requests all Users to report such matters

immediately to the Company, and the Company inform the appropriate authorities.

2.14 If you are an owner of Intellectual Property Rights or an agent who is fully authorised

to act on behalf of the owner of Intellectual Property Rights and believe that any Material

or other content infringes upon your Intellectual Property Right or the Intellectual

Property Rights of the owner on whose behalf you are authorised to act, you may submit

a notification to the Company together with a request to the Company to delete the

relevant Material in good faith. The notification and the request must contain the

following information:

2.14.1 a physical or electronic signature of a person authorised to act on behalf of

the owner of an exclusive right that is allegedly infringed;

2.14.2 identification of the Intellectual Property Rights claimed to have been

infringed, or, if multiple Intellectual Property Rights can be covered by a single

notification, a representative list of such works;

2.14.3 identification of the Material (by means of data or communication link, etc.)

that is claimed to be infringing or to be the subject of infringing activity and that is

to be removed or access to which is to be disabled and information reasonably

sufficient to permit the Company to locate the Material;

2.14.4 information reasonably sufficient to permit the Company to contact you, such

as an address, telephone number, and an electronic mail address;

2.14.5 a signed statement that you have a good faith belief that use of the Material

in the manner complained of is not authorised by the Intellectual Property Rights

owner, its agent, or the law;

2.14.6 a signed statement that the Intellectual Property Rights owner holds the

Company harmless from any claim of any third party in connection with the

Company removing the relevant content; and

2.14.7 a signed statement that the information in the notification is accurate and

under penalty of perjury that you are authorised to act on behalf of the owner of

an exclusive right that is allegedly infringed.

2.15 All notifications under Clauses 2.13 and 2.14 must be sent to [email protected].

2.16 Users will be invited to send comments to the Company email relating to the integrity

and performance of other Users.

2.17 The following restrictions shall apply to all Users. You must:

2.17.1 not use the Website or the Service in any unlawful manner, for any unlawful

purpose, or in any manner inconsistent with these Terms, or act fraudulently or

maliciously, for example, by hacking into or inserting malicious code, such as

viruses, or harmful data, into the Website or any Service or any operating

system;

2.17.2 not transmit any material designed to interrupt, damage, destroy or limit the

functionality of the Website or the Service;

2.17.3 use any form of automated device or computer program (sometimes referred

to as “flagging tools”) that enables the use of the Company’s “flagging system” or

other community control systems without each flag being manually entered by a

human that initiates the flag (an “automated flagging device”), or use any such

flagging tool to remove posts of competitors, other third parties or to remove

posts without a reasonable good faith belief that the post being flagged violates

these terms or any applicable law or regulation;

2.17.4 not use any automated software to view the Service without our consent

(including use of spiders, robots, crawlers, data mining tools, or the like to

download or scrape data from the Service, except for internet search engines

(e.g., Google) and non-commercial public archives (e.g., archive.org) that comply

with our robots.txt file) and only access the Service manually;

2.17.5 not use the Service other than for your own personal use or as an agent

listing property for sale and to rent;

2.17.6 not attempt to copy any Material or reverse engineer any processes without

the Company’s consent;

2.17.7 not use any Service in any manner that is illegal, immoral or harmful to the

Graticat LLC;

2.17.8 not use any Service in breach of any policy or other notice on the Website;

2.17.9 not remove or alter any copyright notices that appear on the Website;

2.17.10 not publish any User Material which is or may be Unacceptable or that may

encourage a breach of any relevant laws or regulations;

2.17.11 not interfere with any other User’s enjoyment of the Website or the Service;

2.17.12 not conduct yourself in an offensive or abusive manner whilst using the Website

or the Service;

2.17.13 not contact anyone who has asked not to be contacted, or make unsolicited

contact with anyone for any commercial purpose, specifically, contact any User to

post advertisement on a third party website or post any advertisement on behalf

of such User;

2.17.14 “stalk” or otherwise harass anyone;

2.17.15 not collect personal data about other Users or entities for commercial or unlawful

purposes;

2.17.16 not transmit any User Material that:

1. harasses, degrades, intimidates or is hateful towards any individual or group

of individuals on the basis of religion, gender, sexual orientation, race,

ethnicity, age or disability;

2.includes personal or identifying information about another person without that

person's explicit consent;

3.impersonates any person or entity, including, but not limited to, a Company

employee, or falsely states or otherwise misrepresents an affiliation with a

person or entity;

4. is protected by copyright or patent, protected by trade secret or trademark, or

otherwise subject to third party proprietary rights, including privacy and

publicity rights, unless you are the owner of such rights or have permission or

a license from their rightful owner to post the material and to grant the

Company all of the license rights granted herein;

5. infringes any of the foregoing Intellectual Property Rights of any party, or is

User Material that you do not have a right to make available under any law,

regulation, contractual or fiduciary relationship(s);

6. constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link

referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative

option marketing”, “referral selling” or unsolicited advertisements of a

commercial nature;

7. constitutes or contains any form of advertising or solicitation if: (i) posted in

areas or categories of the Website which are not designated for such

purposes; or (ii) e-mailed to the Company Users who have requested not to

be contacted about other services, products or commercial interests; and

8.includes links to commercial services or third-party websites, except as

specifically allowed by the Company.

2.18 By submitting User Material on the Website or otherwise, the User grants Graticat

LLC a royalty-free, perpetual, irrevocable and non-exclusive right and license to use,

reproduce, distribute, display, modify and edit the User Material. Graticat LLC will not

pay the User any fees whatsoever for the User Material and reserves the right in its sole

discretion to remove or edit the User Material at any time. The User warrants and

represents that it has all rights, consents and/or authorisations in respect of the User

Material necessary to grant Graticat LLC these rights.

2.19 The Company permits the User to post User Material on the Website in accordance

with the Company’s procedures provided that User Material is not illegal, misleading,

obscene, abusive, threatening, defamatory or otherwise objectionable to the Company.

You must not post any Unacceptable material and, in respect of any User Material you

post, you warrant that it is not Unacceptable.

2.20 The Company grants you a limited, revocable, non-exclusive license to access and

use the Service for personal use. This license granted herein does not include any of the

following: (a) access to or use of the Service by Posting Agents; or (b) any collection,

aggregation, copying, duplication, display or derivative use of the Service nor any use of

data mining, robots, spiders, or similar data gathering and extraction tools for any

purpose unless expressly permitted by the Company or as otherwise set forth in these

Terms. Notwithstanding the foregoing, general purpose internet search engines and non-

commercial public archives that gather information for the sole purpose of displaying

hyperlinks to the Service, provided they each do so from a stable IP address or range of

IP addresses using an easily identifiable agent and comply with our robots.txt file, may

engage in the activities set forth in (b). For purposes of this exception, a “general

purpose internet search engine” does not include a website or search engine or other

service that specialises in classified listings including any subset of classifieds listings

such as housing, for sale, jobs, services, or personals, or which otherwise provides

classified ad listing services. The license set forth in this Clause 2.20 permits you to

display on your website, or create a hyperlink thereto, individual postings on the Service

so long as such use is for non-commercial and/or news reporting purposes only (e.g., for

use in personal blogs or other personal online media). The Company may limit the

amount of postings displayed on or linked to your website. Use of the Service beyond

the scope of authorised access as set forth in these Terms immediately terminates any

permission or license granted herein. In order to collect, aggregate, copy, duplicate,

display or make derivative use of the Service or any Material made available via the

Service for other purposes (including commercial purposes) not stated herein, you must

first obtain a license from the Company.

2.21 The Company offers a service known as “Featured Ads” where users may pay a non-

refundable fee to have their ads posted in selected locations on the Website, thus

potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be

required to transmit certain information through a third-party service provider, Click &

Buy, a third-party website, that may be governed by its own terms of use and other

policies. The Company makes no representation or guarantee as to the safety or

security of the information transmitted to any third-party website, and your linking to any

third party website is completely at your own risk, and the Company disclaims all liability

related thereto.

2.22 The Company may employ a third-party provider for processing credit card payments

for users that use the Product(s) or services provided. Such third-party provider may

have access to personal information provided by users needed in order to perform their

functions but may not use it for any other purpose. The Company does not have access

to or retain any user’s payment information.

3. PAID POSTINGS

3.1 The Company may charge a fee to post Material in some specific areas of the Service

(“Paid Material ”). The fee permits Paid Material to be posted in a designated area of the

Website. Each party posting Paid Material to the Service is responsible for the Material

and compliance with these terms. Any such fees paid hereunder are non-refundable in

the event any Material is removed from the Service for violating these terms. Additional

terms regarding Paid Material will be fully stated in the applicable section(s).

4. POSTING AGENTS

4.1 The Company prohibits the use of Posting Agents, directly or indirectly, without the

express written permission of the Company. In addition, Posting Agents are not

permitted to post Material on behalf of others, directly or indirectly, or otherwise access

the Service in order to post Material on behalf of others, except with express written

permission or license from the Company.

5. NO SPAM POLICY

5.1 You understand and agree that sending unsolicited email advertisements or other

unsolicited communications to the Company addresses or through the Company

computer systems are expressly prohibited by these Terms. You acknowledge and agree

that from time to time the Company may monitor email usage using human monitors or

automated software to flag certain words associated with spam or scams in emails that

are sent between one User to another in the Company’s e-mail system. Any

communication between yourself and any other User utilising the communication

features available on the Service and the Website may be used only in accordance with

these Terms.

5.2 Any unauthorised use of the Company computer systems is a violation of these Terms

and certain applicable laws, in particular the KSA & GEORGIA Cybercrimes legislation.

Such violations may subject the sender and his or her agents to civil and criminal

penalties. Please note that the KSA & GEORGIA Cybercrimes legislation carries

significant penalties including imprisonment. In case you intend to solicit or contact our

Users by obtaining their email or phone numbers from our Website, we may report this

behaviour to the relevant authorities, who then may decide to prosecute you under the

relevant KSA or GEORGIA laws.

6. LIMITATION OF LIABILITY

6.1 The Company shall not be liable for any:

6.1.1 consequential, indirect, special losses or exemplary damages (even if the

Company has been advised of the possibility of such losses or damages);

6.1.2 loss of profit;

6.1.3 loss of business;

6.1.4 loss of revenue;

6.1.5 loss of or corruption to data;

6.1.6 loss of use;

6.1.7 loss of production;

6.1.8 loss of contract;

6.1.9 loss of opportunity;

6.1.10 loss of savings, discount or rebate (whether actual or anticipated);

6.1.11 harm to reputation or loss of goodwill;

6.1.12 loss of anticipated savings,

(In the cases of Clauses ‎6.1.2 to 6.1.12 (inclusive), whether direct or indirect),

howsoever arising suffered by any User arising in any way in connection with these

Terms or for any liability of a User to any third party.

6.2 The limitations at Clause 6.1 shall also apply with respect to damages incurred by

reason of other services or products received through or advertised in connection with

the Website or the Service or any links on the Website, as well as by reason of any

information, opinions or advice received through or advertised in connection with the

Website or the Service or any links to the Website or Service.

6.3 The limitations in this Clause 6 shall apply to the fullest extent permitted by law. You

specifically acknowledge and agree that the Company shall not be liable for user

submissions or the defamatory, offensive, or illegal conduct of any user or third party and

that the risk of harm or damage from the foregoing rests entirely with you.

6.4 Whilst the Company will take all reasonable attempts to exclude viruses from the

Website, it cannot ensure such exclusion and no liability is accepted for viruses. The

User is recommended to take all appropriate safeguards before accessing or

downloading information or any Material from the Website.

6.5 The Website includes information and materials uploaded by other users of the

Website. This information and these materials have not been verified or approved by the

Company and the Company shall not be liable for any material which may be deemed

Unacceptable. You further may be exposed to Material that is inaccurate, offensive,

indecent, objectionable, defamatory, or libellous and, as far as the law allows, and

subject to Clause 6.11, you agree to waive, and hereby do waive, any legal or equitable

rights or remedies you have or may have against the Company with respect thereto.

6.6 The Company does not guarantee that the Website will always be accessible,

uninterrupted, timely, secure, error free or free from computer virus or other invasive or

damaging code or that the Website will not be affected by force majeure events,

including inability to obtain or shortage of necessary materials, equipment facilities,

power or telecommunications, lack of telecommunications equipment or facilities and

failure of information technology or telecommunications equipment or facilities. The

Company may suspend or withdraw or restrict the availability of all or any part of the

Website for business and operational reasons at any time and shall not be liable for any

interruption to the Service, whether intentional or otherwise. We recommend that you

back up any content and data used in connection with the Website, to protect yourself in

case of problems with the Website or the Service.

6.7 The Company is not liable for any failure in respect of its obligations hereunder which

result directly or indirectly from failure or interruption in software or services provided by

third parties.

6.8 The Company is not responsible for the direct or indirect consequences of a User

linking to any other website from the Website and has not approved such linked

websites or the material or information available from them.

6.9 The Company does not guarantee, represent or warrant that the information accessible

via the Website is accurate, complete or current. The Company has no liability

whatsoever in respect of any use which the User makes of such information. The

Website, the Service, and use of all related facilities are provided on an “as is, as

available” basis without any warranties whether express or implied.

6.10 The Website and the Service have not been developed (and Material has not been

written) to meet the individual requirements of the User and it is the User’s sole

responsibility to satisfy itself prior to entering into any transaction or decision that the

Website, the Service and the Material are suitable for its purposes. A User in making any

financial or other decision based on Material or other information in the Website accepts

that it does so exclusively at its own risk and the Company shall have no liability in

respect of the same.

6.11 None of the Clauses herein shall apply so as to restrict liability for death or personal

injury resulting from the negligence of the Company or its appointed agents.

6.12 The Website is controlled and offered by the Company from facilities in Georgia. The

Company makes no representations or warranties that the Website is appropriate for use

in other locations. Those who access or use the Website from other jurisdictions do so at

their own volition and risk and are responsible for compliance with local law.

7. INDEMNITY

7.1. The User agrees to defend, indemnify and hold harmless the Company, Graticat LLC

and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers,

agents, service providers, suppliers and employees, from and against any and all claims,

damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs

or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your

improper use of, or your inability to use, the Website or the Service; (b) your breach of

any provision of these Terms; and/or (c) your violation of any third party right, including

without limitation any copyright, trademark, trade secret or other property, or privacy

right. As far as the law allows, this defence and indemnification obligation will survive

termination, modification or expiration of these Terms and your use of the Website and

the Service.

8. PROPERTY FOR SALE AND PROPERTY FOR RENT CATEGORIES ON THE WEBSITE

If you are listing a property on this Website, your obligations are as follows:

Brokers

8.1. You warrant that you possess a valid license from KSA or GEORGIA Real Estate

Regulatory Authority in which you are advertising.

8.2. If a project is off plan (under construction), you warrant that the project is registered

with the appropriate authorities in KSA or GEORGIA

8.3. If you are engaging in subleasing activities, you warrant that you possess a license for

the activity of “Leasing and Management of Other People’s Property” from KSA or

GEORGIA authorities.

8.4. If you are engaging in short-term or Holiday Home leasing, you warrant that you

possess a license for the activity from KSA or GEORGIA authorities.

8.5. As per the KSA & GEORGIA authorities, you must obtain approval for every sale or

leasing advertisement and display the Permit Number, Office Registration Number and

Broker Registration Number on all advertisements.

Developers

8.6. You warrant that you possess a valid license from KSA or GEORGIA authorities in

which you are advertising.

8.7. If a project is off plan (under construction), you warrant that it is registered with KSA or

GEORGIA authorities.

8.8. As per KSA & GEORGIA authorities’ regulations, you must obtain approval for every

property advertisement (located within or outside of KSA or GEORGIA) and display the

Permit Number on all advertisements.

Owners and Landlords

8.9. You warrant that you are the Owner/Landlord of the property, or otherwise possess

valid authorisation to list the property on the Website.

8.10. If you are engaging in short-term or Holiday Home Leasing, you warrant that you

possess a license for the activity from KSA or GEORGIA authorities.

Tenants

8.11. You warrant that you possess valid, written consent from your Landlord before

advertising on the Website, and that you are legally entitled to publish such

advertisement.

All Advertisers

8.12. You may only advertise properties that are currently available for sale or lease. It is at

our discretion to remove any listings (advertising fees will not be refunded).

8.13. You warrant that the advertisement does not contain unlawful language or use of the

premises, including:

8.13.1 defamatory, misleading or deceptive statements;

8.13.2 sharing of a property that exceeds lawful occupancy limits (including, but not

limited to, bachelor accommodations and multi-family use);

8.13.3 sharing of a property between unrelated members of the opposite sex;

8.13.4 sharing of a property in any way that is deemed unlawful; and

8.13.5 any other language that promotes illegal or immoral activities under the law

of KSA & GEORGIA.

8.14. If you are listing a property on any of the Website, your obligations are as follows:

8.14.1 The Company’s advertisements include real properties for sale or rent. The

Company is not a real estate brokerage and the details of the properties

available on the Website are provided to us by third party brokers, landlords,

owners or developers;

8.14.2 The Company does not verify the property listing details provided to us by

third parties, and makes no warranties or representations as to their accuracy or

completeness;

8.14.3 You, the User of the Website, must conduct your own due diligence and must

not rely on the details in the advertisements; and

8.14.4 The Company does verify the KSA & GEORGIA license number of all

property broker companies prior to allowing them to advertise on the Website.

Motors Category

8.15. As a User of the Website, you must not offer for sale any type of car, motor vehicle or

motorcycle (“Vehicle ”) that is:

8.15.1 located outside of KSA & GEORGIA, unless you can prove ownership of the

Vehicle upon request;

8.15.2 that is not immediately for sale;

8.15.3 that is not accurately described by the category in which it is advertised;

8.15.4 that you are not the owner of, or in all other cases, which you do not have the

rights to sell; or

8.15.5 without true and accurate pricing of the Vehicle displayed within the listing.

8.16. We may request that you provide proof of ownership, and that the Vehicle is located in

the KSA or GEORGIA or has been cleared by KSA or GEORGIA customs. If you do not

provide us with proof within 24 hours of request, we may immediately remove the

relevant advertisement/content without further notice and no refund will be made.

9. CALL RECORDING FOR REAL ESTATE BROKERS

9.1 Some of the KSA & GEORGIA licensed real estate brokers (Brokers) that advertise on

our Website subscribe to a service whereby the property listing has a uniquely identified

phone number and the call is automatically recorded for quality and training purposes.

By using the Services, you expressly agree to having your phone call recorded when

you call a Broker in relation to advertisements in the Property category of the Website

and you agree that no further warning or consent is required.

10. AD SERVICES PACKAGE

10.1 If you are a Client, Customer or any of their officers, directors, employees, agents,

contractors, sub-contractors or representatives, the following additional terms also apply

to you:

10.1.1 The Company may publish on the Website any information supplied or made

available to the Company by or on behalf of the Client. The Client acknowledges

and agrees that the Company shall not be regarded as being in breach of any

obligation of confidentiality as a result of the publication of such information.

10.1.2 The Company may made operational changes to the Ad Services Package

and individual products thereunder at any time. The Company will use

reasonable endeavours to provide notification of material changes by posting a

message on the Website or by informing the Client.

10.1.3 Subject to Clause 6.11, in no event shall the Company’s liability with respect

to the provision of the Ad Services Package to the Client, regardless of the cause

of action and losses suffered by the Client, exceed SAR 20,000 or its equivalent

14,280 GEL or its equivalent in local currency.

11. GENERAL

11.1 Subject to Clause ‎5.2, these Terms, the Privacy Policy and any other expressly

incorporated document constitute the entire agreement between you and the Company

and neither party has relied on any representation made by the other party unless such

representation is expressly included in these Terms. Nothing in this Clause ‎12.1 shall

relieve either party of liability for fraudulent misrepresentations and neither party shall be

entitled to any remedy for either any negligent or innocent misrepresentation except to

the extent (if any) that a court or arbitrator may allow reliance on the same as being fair

and reasonable.

11.2 The Company reserves the right to alter its terms of business from time to time. The

Effective Date at the time the User is reading these terms is set out at the top of these

Terms. Prior to using the Website again in the future, Users should check that the

Effective Date has not changed. If it has, the User should examine the new set of terms

and conditions and only use the Website if it accepts the new terms and conditions. If

you do not accept the changes, you should immediately discontinue your access to the

Website and your use of the Service.

11.3 If any provision of these Terms or part thereof shall be void for whatever reason, it

shall be deemed deleted and the remaining provisions shall continue in full force and effect.

11.4 The Company reserves the right to assign or subcontract any or all of its rights and

obligations under these Terms. The User may not assign or otherwise transfer its rights

or obligations under these Terms without the Company’s prior written consent.

11.5 Any notice given pursuant to these Terms may be served personally or by email to the

last known email address of the addressee. It is the responsibility of Users promptly to

update the Company of any change of address or email address. Such notice shall be

deemed to have been duly served upon and received by the addressee, when served

personally, at the time of such service or when sent by email 24 hours after the email

has been sent.

11.6 The Company shall not be liable for any loss suffered by the other party or be deemed

to be in default for any delays or failures in performance hereunder resulting from acts or

causes beyond its reasonable control or from any acts of God, acts or regulations of any

governmental or supra-national authority.

11.7 Any delay or forbearance by the Company in enforcing any provisions of these Terms

or any of its rights hereunder shall not be construed as a waiver of such provision or

right thereafter to enforce the same.

11.8 The headings in these Terms are solely used for convenience and shall not have any

legal or contractual significance.

11.9 These Terms shall be governed by and construed in accordance with the KSA &

GEORGIA law, and the parties submit to the exclusive jurisdiction of the KSA &

GEORGIA Courts, save that the Company may take action in any relevant jurisdiction to

enforce its Intellectual Property Rights. You agree that any cause of action brought by

you arising out of or related to your use of the Service and./or the Website must

commence within a reasonable time and in any event within one (1) year after the cause

of action accrues.

11.10 These Terms shall inure to the benefit of and be binding upon each party's

successors.

11.11 If these Terms are translated into any other language and there is a discrepancy

between the English text and the text of the other language, the English text version will

prevail.

12.12 All website design, text, graphics, the selection and arrangement thereof are

11.13 Graticat is a trademark of Graticat LLC or its subsidiaries and may be registered in

certain parts of the world.

TERMS AND CONDITIONS – GRATICAT PREMIUM

Graticat LLC (“Graticat ”) owns and operates the online classified advertisements platform on

the website www.Graticat.com (collectively, the “ Website”).

These Terms and Conditions represent the terms and conditions subject to which the Services

will be provided to Users. The Website Terms of Use (https://graticat.com/terms/) shall apply in

conjunction with these Terms and Conditions.

1. DEFINITIONS

1.1 The following capitalised terms shall have the following meaning, except where the

context otherwise requires:

“SAR” means Saudi Riyals;

“Applicable Law ” means any law, proclamation, decree, ministerial decision, statute,

statutory instrument, order, regulation, resolution, notice, legal precedent, by-law,

directive, treaty or other instrument or requirement having the force of law within the

KSA & GEORGIA and issued, declared, passed or given effect in any manner by any

government authority;

“Buyer” means a buyer of a Device;

“Device” means a mobile phone, tablet or other electronic device;

“Intellectual Property Rights ” means all intellectual property, including patents,

trademarks, rights in goodwill, database rights and rights in data, rights in designs,

copyrights and topography rights (whether or not any of these rights are registered, and

including applications and the right to apply for registration of any such rights) and all

inventions, rights in know-how, trade secrets and confidential information, customer and

supplier lists and other proprietary knowledge and information and all rights under

licences and consents in relation to any such rights and all rights and forms of protection

of a similar nature or having equivalent or similar effect to any of these which may

subsist anywhere in the world for their full term, including any renewals and extensions;

“List Price” means the price at which a Device is listed for purchase on the Website;

“Parties” means Graticat and the Users, and each shall be referred to as a “Party ”;

“Personnel” means a Party’s officers, directors, employees, agents, contractors, sub-

contractors and representatives;

“Registration Details ” means the details a Seller must provide upon registering for the

Services and the Website from time to time (for example: name, phone numbers, email

address, age, address and/or tax status) and any documentation as may be requested

by Graticat from time to time;

“Seller” means a seller of a Device;

“Seller Offer” means an offer submitted by a Seller to Graticat to sell a Device through

the Services;

“Services” means the services provided by Graticat, pursuant to which Users can sell

and buy Devices through the Website;

“Terms and Conditions” means these terms and conditions with respect to the

Services, as may be amended by Graticat from time to time;

“KSA & GEORGIA” means the Kingdom of Saudi Arabia and Georgia;

“Unacceptable” means:

(a) illegal, illicit, indecent, obscene, racist, offensive, pornographic, pedophilic,

insulting, false, unreliable, misleading, harmful or potentially harmful to minors,

threatening, libelous, alleged to be or actually defamatory or in infringement of

third-party rights (of whatever nature and including, without limitation, any

Intellectual Property Rights), invasive of another’s privacy or other rights, to

relate to or encourage money laundering or illegal gambling;

(b) in breach of any applicable regulations, standards or codes of practice

(notwithstanding that compliance may not be compulsory);

(c) in contravention of legislation, including without limitation, that relating to

weapons, animals or alcohol; or

(d) harmful to Graticat’s reputation.

“Users” means Sellers and Buyers, and each shall be referred to as a “User”;

“VAT” means value-added-tax; and

“Website Terms of Use ” means the Website user terms and all other Graticat policies

listed on the Website, as amended by Graticat from time to time, which can be found at

the following link: https://graticat.com/terms/.

2. GENERAL TERMS

2.1 These Terms and Conditions shall be applicable with respect to the Services, and Users

agree to fully comply with them by using the Services.

2.2 Graticat may revise, amend, discontinue or make any other changes to the Services at

any time. Graticat will use reasonable endeavours to provide notification of material

changes by posting a message on the Website or by informing Users.

2.3 Users warrant and represent that all information supplied or made available to Graticat

by or on behalf of Users is true, accurate and not misleading or deceptive. Graticat has

the right, but not the obligation, to remove from the Website without notice any content

supplied by or information relating to Users whenever Graticat deems such action

necessary in its absolute discretion.

2.4 Users shall, when using the Services:

(a) ensure that Users and their respective Personnel comply with the Website Terms

of Use and Applicable Law; and

(b) obtain all necessary rights, licences and consents from regulatory authorities and

other third parties.

2.5 Users shall ensure that their respective Personnel comply with all security procedures

relevant to the use of the Services and interacting with Graticat. Users shall inform

Graticat immediately if relevant security credentials are compromised in any way. Users

shall indemnify (and keep indemnified) Graticat for any loss to Graticat resulting from the

disclosure of any security credentials to a third party and/or failure by Users to keep any

security credentials secure, whether such disclosure or failure was committed by an

employee of such Users or otherwise.

2.6 Users hereby consent to the monitoring and recording by Graticat (or any of its

suppliers) at any time of any communications, information or data exchanged between

the Parties or suppliers of the Parties and in connection with these Terms and

Conditions, use of the Services and the Website (whether this is through the use of call

tracking software or otherwise).

2.7 Graticat will not be liable for any delay or failure to perform any of its obligations under

these Terms and Conditions by reasons, events or other matters beyond Graticat’s

reasonable control, including but not limited to the collection and the delivery of Devices.

2.8 No failure or delay by either Party to enforce, or exercise, or any partial, single or

defective exercise of enforcement, of any right, remedy, power or privilege given to that

Party pursuant to these Terms and Conditions shall constitute a waiver or partial waiver

of any right, remedy, power or privilege or operate to prevent the exercise or

enforcement of any further right, remedy, power or privilege at any subsequent time. Any

waiver of any right, remedy, power or privilege will be effective only if made in writing.

2.9 Graticat is entitled to assign or subcontract any or all of its rights and obligations under

these Terms and Conditions. A User shall not assign or otherwise transfer its rights,

interests or obligations under these Terms and Conditions to any third party without the

prior written consent of Graticat.

2.10 Nothing in these Terms and Conditions shall be construed as creating any agency,

partnership or joint venture between the Parties.

2.11 Nothing in these Terms and Conditions shall confer, nor be intended to confer, any

right or benefit on any third party.

2.12 If any term of these Terms and Conditions is found to be illegal, void, invalid or

unenforceable under the laws of any jurisdiction this will not affect the legality, validity

and enforceability of the remainder of these Terms and Conditions in that jurisdiction,

and the legality, validity and enforceability of these Terms and Conditions in any other

jurisdiction shall not be affected

2.13 If there is any conflict between the terms of these Terms and Conditions and the

Website Terms of Use, these Terms and Conditions shall prevail.

2.14 If these Terms and Conditions are translated into any other language, and there is a

discrepancy between the English text and the text of the other language, the English text

will govern.

2.15 These Terms and Conditions are governed by the law of the KSA or GEORGIA. Any

dispute which is not settled amicably between the Parties shall be finally settled by the

courts of the KSA or GEORGIA.

3. SELLER TERMS

Seller Requirements

3.1 A Seller must:

(a) be at least eighteen (18) years of age, in the case of an individual;

(b) be legally capable of entering into a contract with Graticat;

(c) not have any criminal record and be compliant with all Applicable Laws;

(d) be resident in KSA or GEORGIA; and

(e) have valid identification or incorporation documents as requested by Graticat, in

the case of an individual or legal entity, respectively.

3.2 Each Seller warrants and represents that:

(a) it is the legal owner of the Device and is legally authorised to sell the Device;

(b) their use of the Website and sale of the Device would not be in breach of any

Applicable Law or agreement or contract to which the Seller is a party; and

(c) the Device is free from any encumbrances.

3.3 The Seller must provide a true, accurate and correct description of the Device and its

specifications including, but not limited, the model, the storage space and the condition.

3.4 The Seller must ensure the Device is not blocked or PIN locked when collected by

Graticat.

3.5 In registering for the Services and the Website, Sellers must provide true, accurate,

current and complete Registration Details. Sellers must update any changes to their

Registration Details (except age).

3.6 A Seller must keep confidential any user identification and password details set-up or

given to the Seller as part of Graticat’s security procedures and must not disclose them

to any third party.

3.7 Each Seller is solely responsible for any use of, or action taken under the Seller’s

account, and shall fully indemnify Graticat and its affiliates, directors, officers,

employees, authorised representatives, consultants, professional consultants or

authorised agents from any damages or injury suffered by Graticat resulting from any

use of the Seller’s account or any breach of Applicable Law.

3.8 Graticat reserves the right to suspend or terminate a Seller’s account where, in its

absolute discretion, it suspects or deems or in Graticat’s opinion the Seller has breached

these Terms and Conditions or deems such suspension or termination is otherwise

appropriate. In the event of such suspension or termination, Graticat will notify the Seller

by email and the Seller must not seek to re-register on the Website either directly or

indirectly or through a related entity or another person. Graticat’s rights under this

paragraph shall not prejudice any other right or remedy Graticat may have in respect of

any breach, or any rights, obligations or liabilities accrued prior to such suspension or

termination.

3.9 Graticat may refuse to provide the Services to a Seller if, in its sole discretion, Graticat

considers that the Seller has not complied with any obligation in this clause 3.

Sim Card Removal and Data Deletion

3.10 It is a condition to the sale of a Device that, prior to collection of the Device by Buyer,

you remove any SIM cards, memory cards or other media devices inserted into the

Device and delete all personal details and data including, without limitation, all names,

mobile phone/device numbers, SMS messages, applications, photographs, games,

songs, video and all other data from the Device.

3.11 Graticat will not accept liability for any loss, damage or costs which you incur if any

SIM card, memory card or other media device is sent with the Device or if personal data

remains on the Device including, without limitation, any charges which you incur as a

result of use of your Device by any person, whether incurred before or after our receipt

of the Device. We will not be in any way responsible for the security, confidentiality,

protection, use or disclosure of any personal data that you fail to delete or any losses or

costs that arise as a result and shall not be deemed to be holding, processing or

otherwise using the data on your behalf in any way.

4. BUYER TERMS

Buyer Requirements

4.1 All Buyers must:

(a) be at least eighteen (18) years of age, in the case of an individual;

(b) be legally capable of entering into a contract with Graticat;

(c) not have any criminal record and be compliant with all Applicable Laws;

(d) be resident in KSA or GEORGIA; and

(e) have valid identification or incorporation documents as requested by Graticat, in

the case of an individual or legal entity, respectively.

4.2 Each Buyer warrants and represents that:

(a) they are legally authorised to purchase the Device; and

(b) their use of the Website and purchase of the Device is not in breach of any

Applicable Law including, without limitation, anti-money laundering laws or any

agreement or contract to which the Buyer is a party.

Devices

4.3 Graticat does not guarantee that the Final Inspection will identify all defects in the

Device.

4.4 Graticat does not give any representation or warranty as to the description,

specification, quality, price of or the accuracy of any information related to any Device

listed for sale on the Website.

Offer and Price

4.5 The Buyer shall have the option to purchase the Device at the List Price or make an

offer for the Device at below the List Price.

4.6 Graticat shall have no obligation whatsoever to accept an offer from the Buyer and may,

in its sole discretion, reject an offer for a Device.

Payment

4.7 If Graticat accepts an offer from a Buyer to purchase a Device, Graticat shall send a

payment link to the Buyer to purchase the Device. Graticat’s acceptance of an offer does

not guarantee that the Device will be sold to the Buyer.

4.8 The Buyer acknowledges and agrees that it will only be entitled to receive the Device

once it has made payment for the Device and such payment has been received by

Graticat and that the Device may be sold to a third party if Graticat receives payment for

the Device from such third party before the Buyer. An advertisement in respect of a

Device will only be removed from the Website after a Buyer has paid for the relevant

Device and such payment has been received by Graticat.

4.9 The Buyer shall pay for a Device using any one of the payment methods specified by

Graticat from time to time.

Delivery

4.10 As soon as reasonably practicable following receipt of payment from the Buyer,

Graticat shall deliver the Device to the Buyer at a time and address agreed with the

Buyer. Graticat may reschedule the time and date of delivery and shall have no liability in

respect thereof. Graticat shall have no liability for any delay in delivering the Device to

the Buyer.

4.11 Graticat will only deliver Devices of sellers to buyers within the same country.

4.12 All deliveries shall be subject to a delivery fee as determined by Graticat from time to

time, which shall be exclusive of VAT.

5. WARRANTY

5.1 Graticat does not provide a warranty on Devices that are faulty or defective.

6. LIMITATON OF LIABILITY

In no event shall Graticat’s liability under these Terms and Conditions, regardless of the

cause of action and losses suffered by a User, exceed SAR 1,000 or its equivalent 717

GEL or the equivalent amount in the local currency of the affected party.

7. VAT

Graticat reserves the right to charge VAT (as may be stipulated under KSA & GEORGIA

law), including without limitation, with respect to any fees payable by Users from time to

time in relation to the Services.