- By using this website, you confirm that you accept these terms as the exclusive basis which governs usage of the Website and you agree to comply with them. If you do not agree to any of these terms, you must not use this Website.
- This agreement (“Agreement”) is made between Bayut Web Publishing Group FZ-LLC (“we” or “Bayut”) and you (“you” or the “User”).
In this Agreement, the following capitalised terms shall have the following meaning, except where the context otherwise requires:
- “Bayut” – Bayut Web Publishing Group FZ-LLC which is the owner of the Website and whose registered office is Office 511, Building - 03, Dubai Design District (D3), PO Box 500043, Dubai, UAE.
- “Effective Date” - the date set out at the top of this Agreement.
- “Intellectual Property Rights” - all intellectual property, including patents, trade marks, 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 Bayut in connection with the Service.
- “Registration Details” - such details as a User must provide on 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 as a property portal.
“Unacceptable” - any material or information uploaded to or made available on the Website which under the laws of any jurisdiction from which the Website may be accessed may be considered:
- illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
- in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or;
- harmful to Bayut’s reputation.
- “User Material” – material and content posted on the Website by a User or otherwise provided to Bayut by a User in connection with the Website or the Service.
- “Website” – Bayut’s website located at www.bayut.com.
TERMS AND CONDITIONS WHICH APPLY TO USERS
- 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 and represents to Bayut that it is at least eighteen years of age and legally able to enter into contracts.
- Bayut 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 Bayut by a User.
- The User hereby authorises Bayut to use any information which it submits to this Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.4 above, Bayut will not use User data for any other purposes than as set out in this Agreement except that Bayut 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 Bayut to use its information as set out in Clause 2.5 above, it should leave the Website before submitting its personal details.
- If the User does not want Bayut 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 email@example.com and insert unsubscribe as the subject heading of such message.
- 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.
- Bayut 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, Bayut will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity. Bayut’s rights under this Clause 2.9 shall not prejudice any other right or remedy Bayut may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
- Bayut reserves the right to bring civil and/or criminal proceedings against any User for improper use of the Website, including (without limitation) soliciting, or attempting to solicit, agencies using content on the Website or using images or content on the Website for their own use. This Clause 2.10 applies whether or not such User has registered on the Website.
- For the avoidance of doubt, Bayut is providing a service not goods.
- All Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof belong to Bayut or its licensor(s), as applicable. 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.
- Bayut takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Bayut liable in relation to such issues, Bayut requests all Users to report such matters immediately to Bayut, and Bayut shall inform the appropriate authorities.
- Users will be invited to send comments to Bayut by email relating to the integrity and performance of other Users.
- The following restrictions shall apply to all Users. You must:
- 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;
- not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
- not use any automated software to view the Service without consent and only access the Service manually;
- not use the Service other than for your own personal use or as an agent listing properties for sale and to rent;
- not attempt to copy any Material or reverse engineer any processes without Bayut’s consent;
- not use any Service in any manner that is illegal, immoral or harmful to Bayut;
- not use any Service in breach of any policy or other notice on the Website;
- not remove or alter any copyright notices that appear on the Website;
- not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
- not interfere with any other User’s enjoyment of the Website or the Service;
- not transmit materials protected by copyright without the permission of the owner; and
- not conduct yourself in an offensive or abusive manner whilst using the Website or the Service.
- By submitting User Material on the Website or otherwise, the User grants Bayut a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. Bayut 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 Bayut these rights.
- Bayut permits the User to post User Material on the Website in accordance with Bayut’s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to Bayut. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.
LIMITATION OF LIABILITY
- Bayut shall not be liable for any:
- consequential, indirect or special losses;
- loss of profit;
- loss of or corruption to data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated); or
- harm to reputation or loss of goodwill,
(in the cases of paragraphs 3.1.2 to 3.1.9 (inclusive), whether direct or indirect), 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 will make 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.
- 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 Bayut and Bayut shall not be liable for any material which may be deemed Unacceptable.
- Bayut 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. Bayut 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.
- Bayut 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 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.
- Bayut does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. Bayut 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.
- 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 Bayut shall have no liability in respect of the same.
- None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Bayut or its appointed agents.
- Bayut shall not be liable for any:
- The User agrees to defend, indemnify and hold harmless Bayut, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, 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 the Website or the Service, and/or (b) your breach of any term of this Agreement. As far as the law allows, this defence and indemnification obligation will survive termination, modification or expiration of this Agreement and your use of the Website and the Service.
- Bayut 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 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.
- 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 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’s prior written consent.
- Any notice given pursuant to this Agreement 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 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.
- Bayut 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 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 law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that Bayut may take action in any relevant jurisdiction to enforce its Intellectual Property Rights.
- All website design, text, graphics, the selection and arrangement thereof are Copyright © 2008, Bayut.com, ALL RIGHTS RESERVED.
- Bayut.com is a trademark of Bayut Ltd or its subsidiaries and may be registered in certain parts of the world.
SUSPENSION/TERMINATION OF SERVICE AND REFUND POLICY
- Bayut has the right to suspend a User's access to the Service as per the Terms & Conditions of the Agreement entered between the two parties.
- Bayut reserves the right to terminate a User Agreement at its discretion if it deems such termination appropriate, notifying the User by email. If it does so, Bayut will provide a pro-rated refund based on the service used in the form of cheques or refund on the card.
- In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.