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.
The User hereby warrants to Bayut Property that he/she is at least eighteen years of age and legally able to enter into contracts.
Bayut Property reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any Material posted by a User.
The User's Registration Details and data relating to its use of the Website will be recorded by Bayut Property but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Website.
The User hereby authorizes Bayut Property to use any information which they submit to this Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Bayut Property will not use User data for any other purposes than as set out in this Agreement except that Bayut Property may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
If the User does not wish to use his/her information, they can leave the Website before submitting personal details.
If the User does not want to use email address or SMS to send information concerning the Website and related matters, the User should send a message to Bayut Property and insert unsubscribe as the subject heading.
By agreeing to the terms, you give us permission to verify the authenticity of your details by calling you at the submitted phone number, the call will be recorded for quality assurance.
Bayut Property reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Bayut Property will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.
Users will be invited to send comments to Bayut Property by email relating to the integrity and performance of other Users.
The following restrictions shall apply to all Users:
- User agrees not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service.
- User agrees not to use any automated software to view the Service without consent and to only access the Service manually.
- User agrees not to use the Service other than for its own personal use or as an agent listing properties for sale and to rent.
- User agrees not to attempt to copy any Material or reverse engineer any processes without Bayut Property’ consent.
- User agrees not to use any Service in any manner that is illegal, immoral or harmful to Bayut Property.
- User agrees not to use any Service in breach of any policy or other notice on the Website.
- User agrees not to remove or alter any copyright notices that appear on the Website.
- User agrees not to publish any Material that may encourage a breach of any relevant laws or regulations.
- User agrees not to interfere with any other User's enjoyment of the Website or the Service.
- User agrees not to transmit materials protected by copyright without the permission of the owner.
- User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the Service.
By submitting Material on the Website or otherwise, User grants Bayut Property a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the Material. Bayut Property will not pay the User any fees for the Material and reserves the right in its sole discretion to remove or edit the Material at any time. User also warrants and represents that it has all rights necessary to grant Bayut Property these rights.
Bayut Property permits the User to post Material on the Website in accordance with Bayut Property procedures provided that Material is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to Bayut Property.
USE LICENSE & RESTRICTIONS
Permission is granted to temporarily download copies of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- We are not an estate agency and we provide a service whereby agents may market and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
- Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
- You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
- You are responsible for ensuring that you act in good faith towards any other parties.
- In no event will we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if one of our authorized representatives has been notified orally or in writing of the possibility of such damage.
- We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmers, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
- If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, and landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice.
- All contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
- We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
- Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of us or our licensors. No trademark or service mark license is granted in connection with the materials contained on this Website.
- Access to this Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.
When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.
MONITORING AND RECORDING TELEPHONE CALLS
Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquire generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
- If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
LIMITATION OF LIABILITY
- Bayut Property is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement or for any liability of a User to any third party.
- Whilst Bayut Property will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.
- Bayut Property shall not be liable for ensuring that the Material on the Website is not Unacceptable Material and the User in making any financial or other decision accepts that it does so exclusively at its own risk.
- Bayut Property shall not be liable for any interruption to the Service, whether intentional or otherwise.
- Bayut Property 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.
- Bayut Property is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Bayut Property or its appointed agents.
No matter how many claims are made and whatever the basis of such claims, Bayut Property maximum aggregate liability to a User under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 3.1-3.6 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the value of any amount paid to Bayut Property by the User in relation to which such claim arises.
WARRANTIES AND INDEMNITY
Bayut Property does not represent or warrant that the information accessible via the Website is accurate, complete or current. Bayut Property has no liability whatsoever in respect of any use which the User makes of such information.
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 Material is suitable for its purposes.
All warranties, express or implied, statutory or otherwise are hereby excluded.
The User hereby agrees to indemnify Bayut Property against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.
- Bayut Property 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 this Agreement. Prior to using the Website again in the future, Users should check that the effective date has not altered. If it has, the User should examine the new set of terms and only use the Website if it accepts the new terms.
- If any provision of this Agreement 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.
- Bayut Property reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
- The User may not assign or otherwise transfer its rights or obligations under this Agreement without Bayut Property prior written consent.
- Any notice given pursuant hereto 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 Bayut Property 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, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
- Bayut Property 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.
- Any delay or forbearance by Bayut Property in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.
- This Agreement shall be governed by and construed in accordance with the laws of Dubai, and the parties submit to the non-exclusive jurisdiction of the Courts of Dubai, save that Bayut Property may take action in any relevant jurisdiction to enforce its Intellectual Property Rights.