TERMS AND CONDITIONS
Teyaseer is an optional service that is provided by Aldar Properties PJSC and promoted by various entities and institutions of the Abu Dhabi Government, which may change from time to time ("Teyaseer"). Teyaseer ("we", "our" or "us") operates and manages this website and its content and provides the Services (as defined in Part B of these Terms). These terms and conditions (the "Terms") apply to all persons choosing to access or use Teyaseer and/or the Services ("Customer" or "you"). You should read these Terms carefully before registering with Teyaseer and accessing and/or using the Services.
A- Accepting these Terms
In registering to the obtain the Services, you hereby accept and agree to these Terms applying to the provision of the Services (as defined in Part B below) by Teyaseer to you.
If at any time the Customer no longer agrees to the Terms, the Customer must withdraw/opt out from the Services. Until such time that the Customer withdraws/opt outs from the Services, the Customer shall remain bound by the Terms. These terms may be modified by us from time to time.
B- Services by Teyaseer
At the time of registering with Teyaseer (upon which the Customer agrees to be bound by these Terms), the Customer will be required to select the services that the Customer requires Teyaseer to provide (the "Services"), and unless such service is selected at the time of registration with Teyaseer, Teyaseer will not be required to provide any additional services outside the scope of the Services.
Should the Customer require any additional services to be provided following the initial registration, the Customer must apply for the provision of the additional services via the system implemented by Teyaseer on its website, mobile application or another online platform from time to time (the "Additional Services"). The scope of the Services shall only be amended to include the provision ofthe Additional Services upon Teyaseer confirming approval of the Customer's application for the Additional Services. the Additional Services upon Teyaseer confirming approval of the Customer's application for the Additional Services.
To the extent that:
▪ The Services include one (1) or more site visits, the Customer acknowledges and agrees that the designated time for the site visit will be determined by Teyaseer in its sole discretion; and
▪ The Services include a review of any documentation provided, Teyaseer's review of any such documentation is strictly limited to a single review of the documentation. Should the Customer require any subsequent review following a revision of the documentation, the Customer must apply for the additional review via Teyaseer's website and Teyaseer will be under no obligation to undertake such review until such time that Teyaseer has accepted the Customer's request for an additional review of that documentation to form part of the Services.
In addition to the Services, Teyaseer shall, at its discretion, provide the Customer with access to template forms that Teyaseer has developed which may be utilised by the Customer to facilitate the Customer's overall design and construction program ("Template Documents").
The Customer will not be charged for the Services.
C- Personal Data
In order for us to provide the Services to you, you agree to provide us with certain personal information and data relating to you including, but not limited to, your contact details (name, current address, contact information), information to check and verify your identity (UAE emirates ID, passport), your gender, your account details (such as your user name and login details), your personal and/or financial circumstances and any other personal data or information that we request from you or that you voluntarily provide to us during the course of the Services ("Personal Data"). We will take all necessary steps to ensure that your Personal Data is treated securely and in accordance with applicable laws and regulations and to provide you with a more efficient client Service. Our processing of your Personal Data shall be done in accordance with applicable data protection legislation and our Privacy Statement, a copy of which can be found on our website or requested from us. We may share your Personal Data with other organizations for the sole purpose of making the Teyaseer platform and the Services available to you, including, but not limited to, First Abu Dhabi Bank PJSC.
D- Termination and Suspension of Services
The Customer agrees that Teyaseer may terminate or suspend a Customer's access to the Services immediately if:
▪ The Customer breaches these Terms;
▪ The Customer's entitlement to the Abu Dhabi National Housing Scheme ("NHS") construction loan and/or mortgage is revoked or suspended ("NHS Loan");
▪ except where at the time of registering with Teyaseer the Customer has already appointed its contractor and consultant (“Pre-appointed C&C”), the Customer appoints a contractor or consultant that is not on Teyaseer's list of approved contractors and consultants and the Customer's appointed contractor or consultant does not subsequently complete (or satisfy) Teyaseer's pre-qualification process, with the list of approved contractors and consultants to be determined by Teyaseer in its sole discretion and published on Teyaseer's website (as may be amended from time to time in Teyaseer's sole discretion) ("Approved C&C");
▪ you choose to deviate from Teyaseer advice or not follow our recommendations in a way that we reasonably consider puts us at risk;
▪ if the Customer’s Pre-appointed C&C is removed from Teyaseer’s list of consultants and contractors;
▪ if the Customer's consultant or contractor status as an Approved C&C is revoked by Teyaseer; and
▪ the Abu Dhabi Government ceases to fund the provision of program being operated by Teyaseer to enable the Services to be provided.
The Customer acknowledges and agrees that Teyaseer may, at any time, suspend or terminate the provision of the Services, for any reason whatsoever.
E- The Customer's Obligations
The Customer acknowledges and agrees to comply in a timely manner with its obligations set out in this Section E of the Terms.
▪ must upon request provide Teyaseer with any documentation that is required to substantiate the Customer's continued eligibility to avail the Services;
▪ must provide Teyaseer with any documentation prepared and/or created by the Customer's consultants and contractors in relation to the Villa which Teyaseer deems, in its sole discretion, as being relevant to the provision of the Services;
▪ must communicate with Teyaseer in a transparent, timely and open manner;
▪ must notify Teyaseer of any decisions made in conjunction with the Services regardless of whether the decision of the Customer follows Teyaseer's recommendation;
▪ must notify Teyaseer if its eligibility to receive the NSH Loan is revoked or suspended;
▪ shall not appoint a contractor or consultant that is not an Approved C&C or a Pre-appointed C&C who is not listed by Teyaseer;
▪ permission to monitor, analyse and compile information based on and/or related to your use of Teyaseer and/or the Services to improve existing features of our service and for other lawful business purposes in accordance with the UAE's Federal Data Protection Law No. 45 of 2021 and any other applicable law;
▪ shall grant Teyaseer with permission to communicate directly with all stakeholders (including but not limited to the Customer's appointed design and supervision consultant(s) and contractor(s) involved in the design and construction of the Customer's Villa, with such line of communication required to enable Teyaseer to provide as required, to allow Teyaseer to be able to provide you with timely and accurate input; and
▪ shall, upon request by Teyaseer, provide Teyaseer with a copy of any commercial information relating to the design and construction of the Customer's Villa build (such as (but not limited to) commercial responses from the Customer's appointed consultant(s) and contractor(s)).
The Customer acknowledges and agrees that a failure by the Customer to comply with the above obligations may result in a delay in the provision of the Services by Teyaseer, and the Customer hereby releases Teyaseer from any liability whatsoever in relation to any delay in the provision of the Services.
The Services are provided at the cost of the Abu Dhabi Government for NHS customers.
The Customer acknowledges that the extent of the Services to be provided by Teyaseer are ultimately at the discretion of the Customer and are optional. The provisions of the Services will at all times remain subject to the following limitations:
▪ the Services are being provided by Teyaseer to assist the Customer in facilitating the design and subsequent construction of the Customer's Villa. The Customer remains solely liable for any decisions made in relation to the Villa and for any communications with, and legal agreements between, the Customer and the Customer's consultant(s) and contractor(s). The Customer should seek independent legal advice in relation to any documentation prepared in connection with the Services, agreements to be or already entered into, and dealings, with the Customer's contractor(s) and consultant(s);
▪ unless a particular service expressly includes the provision of a technical engineering review, the Services do not include project management, contract management, commercial management services or the provision of structural or engineering advice, and as such, Teyaseer does not and will not provide the Customer with any advice pertaining to property management, property maintenance services or facilities maintenance and management;
▪ Teyaseer does not, and will not, contract with, nor have any commercial relationship with, any of the Customer's suppliers, contractor(s) or consultant(s), and as such, Teyaseer cannot, and will not, instruct them. All decisions are to be made by the Customer, and instructions are to be provided by the Customer to the Customer's engaged suppliers, contractors and consultants. If we provide you with details of our pre-approved contractors or consultants, you acknowledge and accept that this does not make Teyaseer in any way responsible for their services. In any case, where you do not choose a contractor or consultant that is pre-qualified with Teyaseer, you shall ensure that we are provided with all relevant information. The provision of the Services by Teyaseer to the Customer does not in any circumstances whatsoever give rise to an agency relationship and Teyaseer will not act as the Customer's agent;
▪ as part of the Services, Teyaseer provides a quality assurance review and advisory service, but does not, and will not. approve or reject deliverables that are received from the Customer's contractor(s), consultant(s) or supplier(s), with the approval of any such deliverables remaining the sole responsibility of the Customer. To the extent that the Customer has any concerns with respect to the approval of any deliverable, the Customer should seek independent legal or technical advice in relation to the same; and
▪ the Services cover the development of pre-defined deliverables and we are unable to develop or offer bespoke or customized deliverables for the Customer, with the Services available to the customer set out on Teyaseer's website.
G- Warranty Disclaimers
▪ The Customer acknowledges and agrees that the provision of any legal advice is expressly excluded from the Services and the Customer should seek legal and/or technical advice as necessary throughout the provision of the Services (including in respect of any reports and/or documents prepared or submitted by Teyaseer as part of the Services) and the design and subsequent construction phases of the Villa generally.
▪ Teyaseer will not, and cannot be required to, represent the customer in any matter relating to the same, be it legal or otherwise (including any disputes or claims with the Customer's appointed contractor(s), consultant(s) or supplier(s))
▪ To the extent that the Customer elects to use any Template Documentation produced by Teyaseer, Teyaseer provides no representations and warranties as to the form and content of the Template Documents and the Customer should consult with their appointed legal and/ technical(s) advisors in completing the same.
▪ To the extent that there is any third party content posted on, transmitted through, or linked from the website operated by (or on behalf of) Teyaseer, the content of such third party content is the sole responsibility of the third-party originator of such content. Content is provided through Teyaseer “as is”, and the Customer agrees that the use of and reliance on any content is at the Customer's own risk, and that under no circumstances shall Teyaseer be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Services.
The Customer agrees to indemnify and hold the Abu Dhabi Government and Teyaseer (including their parent entities, affiliates, subsidiaries, directors, officers, employees and agents) harmless from any claims, including (but not limited to) reasonable legal fees, made by any third party due to or arising from any advice or content submitted, posted or otherwise provided by the Customer to Teyaseer (and vice versa) and for any breach by these Terms by the Customer.
I- No liability
Teyaseer shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including (without limitation), damages for loss of use, data or profits, arising from or in connection with Teyaseer and/or the Services. The Services made available or obtained from Teyaseer are accepted at the Customer's own discretion and risk, and the Customer will be solely responsible for any damages or losses you suffer.
The Customer acknowledges and agrees that any documentation prepared for, or provided to, the Customer by Teyaseer in the performance of the Services (which includes the Template Documents) is strictly prepared or provided for the sole benefit of the Customer (the "Teyaseer Documents").
The Customer acknowledges and agrees that the Teyaseer Documents do not and are not intended to be a substitute for the services provided and duties owed by the contractor(s) and consultant(s) to the Customer and to the extent that the Customer would like to disclose the Teyaseer Documents to its appointed contractor(s) and/or consultant(s) to facilitate the provision of the contractor(s) and/or consultant(s) services, the Customer must, prior to the disclosure of the Teyaseer Documents (or part thereof), procure that its contractor(s) and/or consultant(s) agree that the Teyaseer Documents are provided on this non-reliance basis. Teyaseer does not owe any duty or bear any liability to the contractor(s) or consultant(s) or the Customer arising out of, or in any way connected with, the Teyaseer Documents or any errors or omissions therein.
Should the Customer not be satisfied with the provision of the Services, and/or these Terms, the Customer's sole and exclusive remedy is to discontinue using Teyaseer and the Services.
J- Copyright and IP
The copyright (whether registered or unregistered) to all Teyaseer materials and documentation, including any associated intellectual property rights in relation to the same, is owned by Teyaseer and its affiliates. No reproduction, distribution, or transmission of such materials or documentation is permitted without the express written permission of Teyaseer. Any rights not expressly granted herein are reserved.
▪ These Terms shall be governed by the laws of Abu Dhabi and the United Arab Emirates (as interpreted in Abu Dhabi) and any disputes that cannot be resolved amicably within ninety (90) days of one party notifying the other of a dispute, may be referred to the Courts of Abu Dhabi.
▪ No person who is not a party to these Terms shall have any rights under or in connection with these Terms.
▪ Where there is more than one Customer, your rights and obligations towards Teyaseer shall be joint and several.
▪ Any notices or other communications pursuant to these Terms shall be through the Teyaseer portal or the address that you notify to us in your application to us, or such other address asyou may register in writing with us. Should you wish to provide a legal notice to us, this must be sent to us via the portal and delivered in hard copy to the following address: [insert].
▪ These Terms shall apply to any heir, successor or assigns of the parties.
▪ Any delay or failure to exercise a right or remedy pursuant to these Terms shall not constitute a waiver of such rights.
▪ In the event of any illegality or unenforceability of any part of these Terms, the remaining terms shall remain enforceable.
▪ No variation of these Terms shall be valid unless such variation is recorded in writing.
▪ You will not assign any rights or obligations under these Terms to any third party without our prior written consent.