EYES & BIRDS REAL ESTATE BROKER (“Website”) is owned and operated by EYES & BIRDS REAL ESTATE BROKER (“Company” “BIRDS & EYES REAL ESTATE”, “we”, “us”, “our”) which is a real estate developer based in Dubai, United Arab Emirates.
These terms and conditions (“Terms”) set out the basis upon which you (“User”, “you”, “your”) can access and use the Website whether by way of a computer system, wireless or mobile device, or through an application or using any other technology to browse our portfolios of properties in Dubai (“Property”).
- By accessing the Website, you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using the Website.
- The Company may amend these Terms at any time by posting an updated version of the Terms on this Website. The Company encourages you to check this Website regularly for any amendments to the Terms and to read the Terms each time you access this Website. Your continued use of this Website will constitute your express consent to these Terms.
- Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
- If you wish to register your interest in any property you must be the legal age of majority in your home country (e.g. 21 years if you reside in the UAE) and you must provide true, accurate, complete, and current information (including name, date of birth, email address, credit/debit card details, and other details) as requested during the account creation. If you are under the legal age of majority you may not register on the Website. (If this applies to you, consider asking a parent or guardian to register his or her own account on this Website.)
- By registering yourself on the Website, you warrant that the details you provide to the Company are correct and complete and you agree that you will inform the Company immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Website.
- You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform the Company immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
- You will not be charged by the Company for registering an account or for browsing the Website.
- The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel any transactions at the Company’s discretion. If the Company cancels a transaction it will be without charge to you.
- The Company displays on the Website Property (ies) available for buy/rent. We do our best to ensure that information provided on the Website is accurate, but we do not warrant that it is accurate, complete, reliable, current, or error-free.
- The Company has made every effort to display the colors, specifications, and dimensions of Property (ies) on the Website as accurately as possible, and the colors you see will depend on the resolution of your monitor.
USE OF WEBSITE
- The Company tries to keep all information on this Website up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Website at your own risk. If you find any incorrect information, you can notify the Company by calling or emailing at the details specified in the Contact section below.
- You must not conduct or promote any illegal activities while using this Website. This includes any activities that (in the Company’s opinion) breach copyright, infringe on privacy, or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.
- You must not use this Website to generate unsolicited emails, spam, or promotional materials to other users. You must not do anything to cause damage to this Website or other users of the Website, including any technical damage to the other computers. You must not send any viruses or other material designed to adversely affect the operation of the Website, affect any other users of the Website or affect any equipment or any data on the Website. You must not attempt to gain access to the Website or the system that runs the Website. You must not interfere with the security of the Website, its services, system resources, or network. You must not use the Website in any manner that could damage, overburden, or impair the Website nor harvest or otherwise collect any information about the users. You must not link to the Website without seeking the Company’s prior written consent. You must not frame the Website on another website without seeking the Company’s prior written consent. You must not change, edit, add to or produce summaries of its content anywhere else.
- Please note that it is illegal to provide false information-name, phone number, or fraudulently obtained information regarding the credit /debit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of this Website may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of this Website, or will give notice of any illegal or inappropriate use of this Website.
No information or material on this Website is to be construed to be an offer for purchase or rent of the Property. The information on this Website is provided for informational purposes only.
CHANGE OF WEBSITE AND CESSATION OF OPERATIONS
The Company reserves the right to change or correct any errors or omissions in the Website, and to alter, limit or discontinue the provision of any of the services provided via the Website, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information in the Website, but it reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification.
THIRD-PARTY LINKS AND ADVERTISEMENTS
- This Website may contain links to other websites. The Company makes no representations or warranties as to the content, privacy practices, and other practices of any websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
- If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and is not responsible for the use of, or the content of, any third party websites. The Company is not responsible for anything that may happen when you use them.
- The Website content is protected by copyright, trademark, and other intellectual property rights. The Company, or our licensors or our affiliates or our contractors and or participating corporations, retain all rights in such content. You are only permitted to access and use this Website for personal purposes. You may not use the Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website.
- The Company’s name and logo are registered trademarks of EYES & BIRDS REAL ESTATE in the United Arab Emirates.
- The Company is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
The Website and its content are provided on an “as is” and “as available” basis. The Company, its subsidiaries, affiliates, and their respective contractors and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
DISCLAIMER OF WARRANTY
- To the maximum extent permissible by applicable law, the Company, its, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
- 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 a way connected with, the use or inability to use the Website and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not a company is advised of the possibility of such damages; and
- Exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Website or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Website.
You agree to hold harmless and indemnify the Company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Website.
To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on the Website. You agree to receive communications from us electronically and those electronic communications will satisfy any legal requirement for communications that need to be in writing.
The Company may terminate or suspend your access to all or part of the Website, without prior notice, if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of the Company or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and User Generated Content.
The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. If any portion of the Terms is held to be unenforceable, invalid, or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
GOVERNING LAW AND JURISDICTION
- Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable and can be deleted without altering the essence of these Terms, the invalid, the illegal, or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
- No Waiver: Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of the Company’s rights to enforce those terms.
EYES & BIRDS REAL ESTATE BROKER, commercial license No. 696106 has a registered office EYES & BIRDS REAL ESTATE BROKER Real estate Dubai Media City, UAE. You can contact us regarding the Website, or these Terms, on firstname.lastname@example.org and +971 4 5883 9939