WEBSITE POLICY



This website policy sets out the terms between you and FracAssets (DIFC) Limited (FracAssets) under which you may access our website FracAssets (our site). This policy applies to all users of, and visitors to, our site.

The website [www.fractionalassets.com] (the Website) is a site operated by FracAssets (we or us).

By using this website, you agree to accept, comply and to be bound by these terms and conditions and the following policies:

1. FracAssets Cookie Policy
2. FracAssets Privacy Policy

Please read all these Terms carefully before using the Website.

If you do not agree with these Terms, you should immediately stop using this Website. We reserve the right to revise or amend these Terms, the Website or any content on the Website from time to time, including for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Website.

It is advised to look over these Terms from time to time to ensure that you are aware of and are complying with the updated or current version. Changes are binding on users of the Website and will be applicable immediately from posting the updated documentation on the Website. You agree to be bound by such revised policies and your continued use of this Website shall constitute your acceptance of such revision.

We will specify on the Website that the Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such change.

If you decide to become a seller or investor with FracAssets, you must abide by our Seller Terms or Investor Terms, as applicable. These Terms should be read alongside and shall apply in addition to our Seller Terms or our Investor Terms (all made available during our registration process).

  1. Conditions for Uses
    1. You may use our site only for lawful purposes. You may not use our site (prohibited):
      1. in any way that violates any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. To harm or attempt to harm minors in any way;
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
      5. to transfer, or obtain the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
      6. to knowingly transfer any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or harm the operation of any computer software or hardware;
      7. Use the Website in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers;
      8. Use the Website in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Website or which is, or which is likely to be, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws;
      9. Use any robot, spider, screen scraper, data aggregation tool, other automatic devices, routines or processes (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission;
      10. Use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
      11. Use any Automated Process to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website;
      12. Post upload to, transmit, distribute, store, create or otherwise publish or make available through the Website any content that is false, misleading, erroneous, fraudulent or is otherwise likely to cause confusion to users of the Website or content which is unlawful, libelous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
      13. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
      14. Attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
      15. Attempt to attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
      16. Reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetic formula or processes in respect of the software underlying the infrastructure and processes associated with the Website; or
    2. Copy, reproduce, alter, update, create derivative works from, or publicly display, any part of any content from the Website without our prior written permission.
    3. Your use of the Website in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Website and we may, in our sole discretion, report a breach of any such obligation which is also a breach of the applicable law to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

  2. Disclaimer and Risk Warning
    1. The Website is a marketplace that enables you to invest directly in a property provided by third parties. As a marketplace, we do not own or sell the properties or investment opportunities that are displayed on the Website.
    2. You acknowledge and agree that no content published on the Website constitutes a recommendation that any particular investment, portfolio of investments, transaction, or investment strategy is suitable or advisable for you or any other specific person. It is advised to not rely solely on the information published or presented on the Website and one should perform personal due diligence or consult with an independent third-party advisor before making investment decisions.
    3. Nothing on the Website constitutes a representation that any investment strategy or recommendation is suitable or appropriate to an investor’s individual circumstances or otherwise constitutes a personal recommendation. It is not an advertisement nor it is a solicitation or an offer to buy or sell any real estate property/financial instrument.
    4. You further understand that neither we nor any of the information providers, their affiliates nor any third parties will advise you personally concerning the nature, potential, advisability, value or suitability of any particular investment, portfolio of investments, transaction, investment strategy, or other matter. We, our Channel Partners, Business Associates, Representatives or Employees accept no liability for any loss whatsoever arising from any use of the information published on the Website.
    5. The value of investments and the income derived from them can fluctuate, and you may not necessarily recover the amount you invested. The past performance of an investment is not necessarily a guide to its future performance. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed.
    6. You acknowledge and agree that prices, descriptions and other financial data made available on the Website are compiled from third-party sources believed to be reliable, and where possible such data is verified by us as far as is commercially possible. Notwithstanding this, you acknowledge and agree that the calculations, profiles and data available on the Website are made using such third-party data and that neither such data nor such calculations are guaranteed by these sources, by us, nor by the information providers or any other person or entity and may not be complete or accurate.
    7. You acknowledge and agree that returns advertised by us on the Website are indicative only and are subject to economic, business factors and other factors outside of our control and we do not guarantee that the returns advertised will be available to you at any point in time.
    8. As markets change continuously, previously published information and data may not be current and should not be relied upon.

  3. Disclaimers of Warranties
    1. The Website is provided “as is,” without any express or implied warranties of any kind. We and our Channel Partners, Employees, Business Associates, Representatives and Licensors cannot and do not warrant the accuracy, reliability, quality or completeness of the information provided on the Website nor that the services provided via the Website will be timely, non-infringing, of merchantable quality or fit for a particular purpose, and we hereby disclaim any and all such express or implied warranties, except those that cannot be lawfully excluded.
    2. Although we make every effort to ensure that the services offered on the Website are available consistently, the nature of the Internet means that we cannot guarantee the Website’s availability. We do not warrant that the provision of the Website or any part of it will be available, uninterrupted or error-free, that defects in the Website will be corrected, or that the Website will be free of viruses or other harmful components. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses) which you may incur as a result of using the Website, or as a result of the Website or any part of it being unavailable at any time for whatever reason.
    3. You are entirely responsible for acquiring secure telecommunications access to the Website and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are entirely responsible for all equipment necessary for you to access this Website and for implementing and maintaining antivirus software on your computer.
    4. The information transferred via the Website will pass over public telecommunications networks. We accept no liability if communications sent via the Website are intercepted by third parties, delayed or erroneously delivered or not delivered.

  4. Eligibility and Registration
    1. In order to access the Website, you must be a minimum of twenty-one (21) years old and have full legal capacity. You ensure, represent and undertake that you possess the legal right and experience, knowledge and ability to access and use the Website in accordance with these Terms.
    2. In order to access our services and certain restricted parts of the Website, you are required to register as either an investor or seller.
    3. Certain parts of the Website are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
    4. In order to become an investor or seller on the Website, you are required to fill out our registration form. You will have to do so by providing some basic details about yourself (including your name, contact number and email address). You shall be further prompted to choose a unique password and provide answers to a few security questions. We use these methods to identify you, so you must keep them secure at all times.
    5. At this point, you will then be required to provide detailed information about yourself or the property you wish to sell, as relevant. We will also require you to submit proof of identity and proof of your current address, (or that of the relevant business’ directors, channel partners, agents or representatives as applicable) to comply with our anti-money laundering obligations.
    6. Applications to become investors and sellers on the Website will be subject to an approval process and may be accepted or rejected by FracAssets at its sole discretion.
    7. You hereby, represent and undertake that the information you provide about yourself during the registration process is accurate, current and complete.

  5. Your Login Details
    1. Every time you login to your account on the Website, you will have to enter your email address and password. At some instances, you may also be asked to answer one or more security questions. Your username and password are unique to you and are not transferable.
    2. You are solely responsible for all the activity on the Website by anyone using your username and password. You must ensure that the confidentiality of your user name and password is maintained at all times. You must immediately bring to our attention any possible breach of security, including disclosure, loss, theft or unauthorized use of your username and password. You agree to notify us at [email protected]. You must also not transfer or resell your user name or password to any third party.
    3. If you authorize an employee, subcontractor, agent, channel partner or representative to use your login details you will be responsible for their activity on the Website. We reserve the right not to act on your instructions where we suspect that the person logged into your FracAssets Account is not you or we suspect illegal or fraudulent activity or unauthorized use.

  6. Third-party links
    1. You may gain access from the Website to websites operated by persons other than us, through hypertext or other computer links. Such hyperlinks are the exclusive responsibility of such website’s owners or operators and are provided for your reference and convenience only. You acknowledge and agree that we are not responsible for the content or operation of such websites and that we do not make any representations or warranties concerning such websites, including without limitation that the content of such websites does not infringe the rights of any third parties or any applicable law.
    2. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. A link from this Website to another website does not mean that we endorse or approve the content on that website or the operator or operations of that website.
    3. Our Website must not be framed on any other site, nor may you create a link to any part of our Website. We reserve the right to withdraw linking permission without notice.

  7. Indemnity and Limitation of Liability
    1. You use the Website entirely at your own risk. Neither we nor any of our affiliates, agents, officers, channel partners, representatives, employees, suppliers or licensors (FracAssets Parties) will be liable to you or anyone else for any:
      1. inaccuracy, delay, interruption in service, error or omission, regardless of the cause or for any damages as a result;
      2. decision made or action taken or not taken by you in reliance on the Website or its content;
      3. damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages in advance;
      4. loss or injury resulting from use of the content or the Website, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Website and its content or otherwise;
      5. losses, damages, liabilities, claims or expenses (including without limitation to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to your use of the Website or its content, use of FracAssets howsoever caused, whether in contract, tort (including negligence), statute or otherwise; or
      6. loss resulting from a cause over which we do not have control.
    2. Our total liability to you in connection with these Terms, and any other terms you may subscribe to in connection with your use of the Website, shall not exceed AED 5,000.
    3. All exclusion and limitations of liability set out in these Terms shall apply to the fullest extent permissible under the applicable law.
    4. You shall indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused or suffered by us as a result of your breach of these Terms. Where you use the Website inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.

  8. Website availability
    1. As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis only.
    2. We reserve the right to limit the availability and access of the Website to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the Site, at any time and at our sole discretion.
    3. We may, at our sole discretion, impose limits or restrictions on the use you may make of the Website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the Website or your access to the Website, or suspend such access, at any time and without prior notice to you.

  9. Intellectual property rights
    1. You acknowledge that you are responsible for any submissions provided through your user name or password, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit or abridge any submission for any reason and to disclose any submission as we deem necessary, including without limitation to achieve compliance with any applicable law, regulation, legal process or governmental request, all in our sole discretion.
    2. We own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
    3. If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents, now or in the future, as we may reasonably request in order to assign such intellectual property rights back to us.
    4. You shall retain ownership of all copyright in data you upload or submit to the Website. You grant us a worldwide, perpetual, exclusive, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.
    5. We do not warrant or represent that the content of the Website does not violate the rights of any third party.

  10. Copyrights and trademarks
    1. The Website and its content are our property or the property of our licensors and are protected by copyright, trademark, patent and other applicable laws.
    2. Except where necessary for and incidental to personally viewing the Website through your web browser, or as permitted by these Terms, no part of the Website may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.

  11. Confidentiality
    1. You undertake that you shall not at any time after you have been provided a unique user name by us, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any Confidential Information, and will use best endeavors to prevent the unauthorized publication or disclosure of any Confidential Information, and will only use such Confidential Information for the purposes of proposing, considering or making transactions through the Website.
    2. Confidential Information for these purposes of this clause shall include all information in whatever form (including in visual, oral or electronic form) relating to us or any investor or seller (including all investor or business profiles) or an individual or a company that was previously an investor or a seller, which is provided or disclosed through the Website (or to any employees or agents) in connection with the use of the Website.

  12. Suspension and termination
    1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
    2. We may terminate either or both of your log-in details and your access to the Website for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.
    3. We exclude liability for actions taken in response to breaches of this Website policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
    4. All restrictions and all disclaimers and exclusions and limitations of our liability will continue to apply during suspension and will survive any termination. Upon suspension or termination, you must not directly or indirectly access or use the Website.

  13. General terms
    1. If we fail to insist on your strict performance of these terms and conditions or if we fail to exercise any of our rights or remedies to which we are entitled under these terms and conditions, or any other document referred to herein, this will not amount to a waiver of such rights or remedies nor will it relieve you of your obligations under these terms and conditions.
    2. No full or partial waiver of any such right or remedy shall restrict us from exercising that right or remedy, or any other right or remedy, in the future.
    3. If any of these terms and conditions or any provisions of any other document featured as part of your relationship with us are determined by a competent authority to be invalid, unlawful or unenforceable, to any extent, then such a term or condition will be severed from the remaining terms and conditions which will continue to be valid, as far as permitted by DIFC law.
    4. Nothing in this Agreement is intended to or will be used to establish any partnership or joint venture between the parties, nor authorize any party to make any commitments for or on behalf of any other party.
    5. No warranty, guarantee, advice or representation is made in relation to your tax position, that will be applicable to you once you make any investment. You should consult your own independent tax advisor.
    6. Any notice or other communication given to either party in connection with this contract shall be in writing and delivered by hand or sent by pre-paid first-class post (or an equivalent next day delivery service) at its registered address (if a company) or its principal place of business or residential address (if an individual), or sent by e-mail to the e-mail address notified to the other party in accordance with this contract. Our e-mail address for the service of notices is [email protected]. Any notice or other communication will be deemed to have been received if delivered by hand, on the signature of the delivery receipt or at the time the notice is left at the proper address, or if sent by email, at 11.00 am on the next working day after it is sent or if sent by post (or other delivery services) on the second working day after posting.
    7. Each correspondence and communication between you and us will be in the English language.
    8. Any dispute or claim arising out of or in connection with the Website, its subject matter or information will be governed by DIFC law and such disputes or claims will be subject to the non-exclusive jurisdiction of the DIFC Courts.
    9. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersedes all previous discussions, communication, negotiations or agreements relating to this subject matter.

  14. Modifications to the policy
    1. We may update this Website policy at any time by revising this page. You are expected to check this page periodically to take notice of any amendments we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by clauses published elsewhere on our site.

  15. Contact information
    1. In case you have any questions about these Terms or our other policies, then please feel free to write to us at [email protected].