1.1 Bither Homes (collectively “Bither Homes”, “we”, “us”, “our”) is based in Dubai, UAE and owns and operates the Internet website at www.bitherhomes.com (the “Website”). By accessing and using the Website, you are expressly consenting to terms and conditions outlined on this page that are effective as of the date and time you use or access the Website (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this Website.
1.2 These Terms will constitute a legal agreement between “you” (the user of this Website) and Bither Homes. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this Website.
1.3 These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the Website.
2. Use of Website Content
2.1. All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, “Website Content”) is provided to you as a service to allow you and other users to browse our products and services.
2.2. You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:
(a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
(b) use this Website in violation of any applicable law or regulation;
(c) use this Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Bither Homes or others or violate the privacy, publicity or other personal rights of others;
(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
(e) access data not intended for you or logging into a server or account which you are not authorised to access;
(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(g) copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
(h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with Bither Homes or any other person or entity;
(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;
(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(l) frame or link to any Website Content or information available from the Website.
2.3. You may download or copy the Website Content only for your own personal, non-commercial use, provided that you maintain and include all copyright and other notices contained in such Website Content. You shall not store electronically any portion of the Content. You may not copy, store, redistribute or publish any Website Content without the express written permission of Bither Homes or the owners of the Website Content (as the case may be).
2.4. Landlords and property agents who post content (Content) to the Website;
(a) grant Bither Homes the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute, perform, display or modify the Content;
(b) warrant that they are the holder of the rights in the Content;
(c) permit any other user of the Website to access, display, view, store and reproduce such Content;
(d) will only advertise properties on the Website which are currently available for purchase or lease within the United Arab Emirates;
(e) warrant that they are the holder of a current real estate agent’s licence in the United Arab Emirates and have the necessary permits and approvals from RERA to advertise such properties (Content) in question;
(f) agree to comply with all reasonable instructions of Bither Homes and all relevant laws in relation to your use of the Website;
2.5. Bither Homes is not responsible for any Content posted on the Website and reserves the right to block Content as it sees fit.
3. Intellectual Property
Except as otherwise expressly stated, Bither Homes owns or is an approved licensee to the copyright and all other intellectual property contained in the Website and the Website Content, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Bither Homes unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior written authorization of Bither Homes, except for the sole purpose of identifying the products or services originating from Bither Homes.
4. External Links
The Website may contain links to other websites on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Bither Homes of the contents on such External Sites. You acknowledge that Bither Homes is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party websites, you do so at your own risk.
You agree to indemnify, defend and hold Bither Homes and its affiliates, and their respective officers, directors, owners, agents, employees, information providers and copyright owners (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to your use of this Website, including, by third parties as a result of your breach of these Terms or any other terms referenced herein, your violation of any law or the rights of a third party, or your use of this Website.
6. Termination of Service
Bither Homes reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability. Bither Homes may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Website Content, without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2, 4, 5 and 7 of these Terms. Except as otherwise expressly stated in these Terms, Bither Homes shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
7. Disclaimers of Warranties; Limitation of Liability
7.1. The Website and the Website Content (including information on Sales Promotions) are provided on an “AS-IS”, “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Bither Homes expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
7.2. Bither Homes and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and the Website Content, or inability to enter into an agreement for the sale or rent of any property listed on the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Bither Homes is advised of the possibility of such damages.
7.3. Without limiting the above paragraph, Bither Homes does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third party advertiser in any way.
7.4. Bither Homes does not represent or endorse the accuracy or reliability of any Website Content (including any information on Sales Promotions) and you acknowledge that any reliance upon such Website Content (including any information on Sales Promotions) shall be at your sole risk.
7.5. Bither Homes is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this Website or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.
7.6. Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favouring by Bither Homes. The views and opinions of document authors do not necessarily state or reflect those of Bither Homes or any agency thereof.
8.1. These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.
8.2. Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
8.3. These Terms as well as your access to our Website is subject to and governed by the laws of England and Wales without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the DIFC Courts in Dubai. You and we further agree that if you have an advertising subscription contract with bitherhomes, any financial disputes relating to contract payments in relation to your use of bitherhomes shall be settled via the Small Claims Tribunal in the DIFC Courts.
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