TERMS OF USE

Please review these Terms of Use carefully before using this Application.

BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS APPLICATION ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS (THE "APPLICATION"), YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE APPLICATION TERMS AND CONDITIONS (THE "TERMS OF USE") IN CONSIDERATION OF THE ACCESS PROVIDED TO THE APPLICATION AS SET FORTH BELOW.

“You” and “Your” refers to the persons accessing this Application (including persons who access this Application on the behalf of other persons). If You do not agree to these Terms of Use, any of the related documentation linked below or other restrictions notified to You during the course of Your use of this Application You are not permitted to, and agree not to, use or access this Application.

These Terms of Use apply to Your use of this Application and unless separate or additional terms apply, any application using content from this Application and any mini-site on this Application.

The latest version of our Terms of Use can be found on our Application, as well as our website [www.buyhit.com], which together are the “Platforms”.

1. WHO WE ARE AND HOW TO CONTACT US

The Application is owned and operated by BUY HIT REAL ESTATE BROKERAGE L.L.C, and its worldwide affiliates (“we”, “us” and “our”). To contact us, please email contact@buyhit.com.

2. YOU ACCEPT THESE TERMS BY USING THE APPLICATION

These Terms of Use constitute a legal agreement between us and You. By using the Application, You confirm that You accept these Terms of Use and that You agree to comply with them. If You do not accept and agree to comply with these Terms of Use, then You must not use the Application.

You may not use the Application and may not accept these Terms of Use if (a) You are not of eighteen (18) years of age, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Application under the laws of the country in which You are a resident or from which You access or use the Application.

You are responsible for ensuring that all persons who use the Application through Your network are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

These Terms of Use govern Your use of the Application, and all applications, software, and services (collectively, "Services") available on the Application, except to the extent such Services are the subject of a separate agreement. Specific conditions may apply to the use of certain Services and other items provided to You on the Application ("Service Agreement(s)").

3. THESE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms of Use incorporate the following additional terms, which also apply to Your use of the Application: our Privacy Policy; and if You download our mobile app, our App Terms of Use.

4. HOW WE PROCESS YOUR PERSONAL DATA

We will only collect and process Your personal data in compliance with our Privacy Policy.

5. LICENSE AND OWNERSHIP

Any and all intellectual property rights ("Intellectual Property") associated with the Application and its contents (the "Content") are the sole property of BUY HIT REAL ESTATE BROKERAGE L.L.C or third parties. Our Application’s Content is protected by applicable copyright and other laws.

Elements of the Application are also protected by trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Application are trade marks, or service marks ("Marks") of Buy Hit, its affiliates or other entities that have granted Buy Hit the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Buy Hit.

Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Application in any way without Buy Hit's or the appropriate third party's prior written permission. Except as expressly provided herein, Buy Hit does not grant to You any express or implied rights to Buy Hit's or any third party's Intellectual Property.

Buy Hit grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Application, Content and Services only in the manner presented by Buy Hit, and (b) access and use the Buy Hit computer and network services offered within the Application (the "Buy Hit Systems") only in the manner expressly permitted by Buy Hit. Except for this limited license, Buy Hit does not convey any interest in or to Buy Hit Systems, information or data available via Buy Hit Systems (the "Information"), Content, Services, Application or any other Buy Hit property by permitting You to access the Application.

Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Buy Hit.

You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of Buy Hit; (b) interfere with or disrupt networks connected to the Application; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Application or any transactions being offered through the Application; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Application or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Application which violates any local, state, federal or international law; (f) deliver any communication to or through the Application that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Application that will infringe upon the rights of any third party.

If You print off, copy or download any part of the Application in breach of these Terms of Use, Your right to use the Application will cease immediately and You must, at our option, return or destroy any copies of the materials in Your possession whether in electronic or printed format.

6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If You choose, or if You are provided with, a user identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification, code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms.

If You know or suspect that anyone other than You knows Your user identification, code or password, You must notify us at contact@buyhit.com.

7. HOW YOU MUST NOT ACT WHEN USING THE APPLICATION

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Application, including, but not limited to:

1. using any automated device, software process or means to access, retrieve, scrape, or index the Application or any content on the Application;
2. using any device, software, process or means to interfere or attempt to interfere with the proper working on the Application;
3. undertaking any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider to be unreasonable or disproportionate Application usage;
4. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Application;
5. using or indexing any content or data on the Application for purposes of:
   1. constructing or populating a searchable database of properties;
   2. building a database of property information; or
   3. competing with us in any manner that we have not specifically authorized;
   4. transmitting spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
   5. using the Application or any content from the Application in any manner which we determine as not reasonable and/or not for the purpose which it is made available;
   6. violating the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
   7. posing as any person or entity or attempt to solicit money, passwords or personal information from any person;
   8. acting in violation of any such terms or other condition stipulated by us or any applicable law;
   9. reproducing, republishing, retransmitting, modifying, adapting, distributing, translating, creating derivative works or adaptation of, publicly displaying, selling, trading, or in any way exploiting the Application or any content on the Application, except as expressly authorized by us;
   10. transmitting or attempting to transmit any computer viruses, worms, defects or other items of a destructive manner;
   11. gaining or attempting to gain unauthorized access to the Application, the server on which the Application is stored, or any server, computer or database connected to the Application; or
   12. attacking or attempting to attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

If necessary, we may put in place measures to prevent unauthorized access and use of the Application, including but not limited to, instituting technological barriers, or reporting the unauthorized or illegal conduct to any person or entity.

8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

To the extent permitted by law, we will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of the use or inability to use the Application; or the use of or reliance on any content displayed on the Application.

We will not be liable for any loss or damage arising under or in connection with:

1. any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
2. any loss of Your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to Your computer system and/or Your account;
3. the use of, or inability to use, our Application;
4. the reliance on any content or information displayed on our Application;
5. any direct, consequential, special or punitive loss, damage, costs and expenses;
6. loss of profit;
7. loss of business;
8. loss of reputation;
9. depletion of goodwill; or
10. loss of, damage to or corruption of data.

Unless we otherwise expressly agree in writing, You agree not to use the Application for any commercial or business purposes.

We do not guarantee that the Application will be secure or free from errors, bugs or viruses. We are not liable to You or anyone else 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 programmes, data or other proprietary materials due to Your use of the Application or to Your downloading of any content on it, or any Application linked to it. You are responsible for configuring Your information technology, computer programmes and platform to access the Application. You should use Your own virus protection software.

9. CONTENT ON THE APPLICATION

The materials appearing on the Application could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Application are accurate, complete, or current. We may make changes to the materials contained or displayed on the Application at any time without notice.

10. MAKING THE APPLICATION AVAILABLE TO YOU

We strive to ensure that the Application and the services are always available to You, but we do not guarantee that the Application or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Application and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We may alter, suspend or discontinue any part of the Application or the services, including Your access to it.

11. LINKS TO OTHER APPLICATIONS

The Application may contain links, hyperlinks and pointers to third party products, services and/or Applications that are not affiliated with us and which are provided for Your information only. We have no control over the content, products, services of those Applications or resources of third parties and we do not guarantee or take responsibility for them. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

By using the Application, You grant us an irrevocable, world-wide, royalty free license to commercialise, copy, license to other persons, use and adapt for any purpose any material You generate or submit to make use of the Application. We do not warrant that the content, links, or sub- domains contained on, or associate with the Application will be available and accessible to You at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.

12. CHANGES TO THE TERMS

We may revise these Terms of Use from time to time without notice. Each time You wish to use the Application, please check these Terms of Use to ensure that You understand the terms that apply at that time. In addition, we may also update and change the Application from time to time without notice. By using this Application, You are deemed to have agreed to be bound by the latest version of the Terms of Use.

13. YOUR CONTRIBUTIONS ON THE APPLICATION

In these Terms of Use “Contributions” means any information including data, text, video, still images, or other material that we have permitted You to host, share, publish, post, store or upload on the Application.

We may at any time, without liability to You, remove, alter or disable access to any or all of Your Contributions in our sole discretion without prior notice to You. We may also remove or disable access to any or all of Your Contributions if we consider that:

1. those Contributions are in breach of any law or regulation;
2. those Contributions infringe the intellectual property rights of any third party;
3. we are required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
4. those Contributions are;
   1. misleading or deceptive;
   2. inappropriate having regard to the purpose of the Application;
   3. likely to cause offence;
   4. materially incorrect;
   5. obscene;
   6. defamatory;
   7. otherwise unlawful and/or against the customs or norms of the region in which this Application is referred to; or
   8. corrupted, due to the presence of a virus or other disabling code.

To the extent that any Contributions are proprietary in nature, You grant us a worldwide, non- exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform Your Contributions throughout the world in any medium, whether currently in existence or not.

You also grant each user of the Application the right to use Your name or the name You submit with the Contribution, and, the right to represent and warrant that:

1. You own and control all of the rights to the Contributions; or
2. You have the lawful right including all necessary licences, rights, consents and permissions to use and authorize us to display the Contributions.

For any Contributions that You may retain moral rights in, You declare that:

1. You do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
2. You understand that when accessing the Application You may be exposed to the Contributions of other users of the Application. You acknowledge and agree that we do not have control of and are not responsible nor do we warrant the veracity of these other Contributions.

You represent and warrant that:

1. You have the lawful right including all necessary licenses, rights, consents and permissions to use and authorize us to display Your Contributions;
2. You will not input or upload to the Application any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Application or Information or that infringes the Intellectual Property rights of another.
3. You will not disguise the origin any Contributions and will not make any Contributions that infringe the intellectual property rights of any third party, and You agree to pay all royalties, fees or other monies payable by reason of any Contributions made by You; and
4. You will not make any Contributions that are:
   1. misleading;
   2. deceptive;
   3. materially incorrect;
   4. likely to cause offence;
   5. directly or indirectly involve the advertising or marketing of any products or services;
   6. obscene, including pornographic, hateful, racially or ethnically offensive material;
   7. defamatory;
   8. otherwise unlawful or encourage unlawful conduct; or
   9. otherwise inappropriate having regard to the purpose of our Application.

You agree to follow and abide by these Terms of Use and by all instructions and procedures set out in this Application. You understand that a failure to follow all instructions and procedures may lead to Your obligation to purchase unintended goods or services; forfeiture of Your Tokens); denial of access to this Application products, or services; and possibly legal action being brought against You.

14. PRODUCT INFORMATION

This Application contains information about the products and services which Buy Hit or other third parties) may offer (referred to as “Product Information”). Product Information may include details about current and future intentions of Buy Hit to enhance the user experience by introducing premium services that streamline various aspects of property transactions.

As part of our commitment to providing comprehensive assistance, we offer several services you can purchase which include:

• Right to list your properties.
• Right to view and visit properties.
• Professional photography services for the property you wish to sell.
• Cleaning services for your property.
• Providing a Power of Attorney.
• Assistance with completing necessary forms for sale and purchase transactions.

To access these services, simply purchase our digital currency (“Tokens”) that serves as credit for accessing and utilizing the services offered on our Platforms. Each Token is valued at AED 50 (Fifty Dirhams).

Top of Form

The purpose of providing the Product Information is to help you to find out more about Buy Hit’s services and assist you to obtain these services.

Some of the services may be provided by independent suppliers. Those suppliers may provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. 

To read more about our services, please visit the following link: BuyHit Services and Pricing.

15. COMMUNICATING WITH YOU

When You use the Application or send emails to us, You are communicating with us electronically. You hereby consent to receive electronically any communications related to Your use of the Application. We will communicate with You by email or other communication means, such as online chatting, or by posting notices on the Application. You acknowledge and 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.

16. DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY

(a) Whilst the Product Information and all other Application, mobile Application and mobile applications material are provided in good faith, by using this Application, mobile Application and mobile application, You agree and acknowledge that Buy Hit makes no representations, warranties, or claims as to the accuracy of the Product Information or any other material on this Application, mobile Application and mobile applications. Furthermore, You agree that the Product Information and Application, mobile Application and mobile applications material does not constitute any form of advice or recommendation to You.

(b) Buy Hit disclaims all implied warranties relating to Your use of this Application, and the information, products, and services contained in this Application and our Platforms. To the maximum extent permissible under law, all information on this Application, and our Platform is provided without any warranty (either express or implied by law or otherwise) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights.

(c) By using this Application, You agree that Buy Hit will not be liable to You for any direct, indirect, consequential, or any other loss arising from the use (or non-use) of the information, products, and services contained in this Application and our Platforms or from Your access of other material via links from this Application and our Platforms. The exclusions and limitations contained in these Terms of Use apply to the maximum extent permitted by law.

(d) Buy Hit does not guarantee that use of this Application and our Platforms will be compatible with all hardware and software which may be used by visitors to the Application.

(e) Except as set out in sub-paragraphs f and g, Buy Hit will be under no liability to You whatsoever, whether in contract, tort (including negligence), breach of statutory duty, restitution, or otherwise for any injury, death, damage, or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss) howsoever caused arising out of or in connection with the use of this Application, or the use, accessing, downloading, or relying on any information or other materials contained in this Application and our Platforms, including, without limitation, as a result of any computer virus or other virus.

(f) These Terms of Use do not exclude Buy Hit’s liability (if any) to You for fraud or for any matter which it would be illegal for Buy Hit to exclude or to attempt to exclude its liability.

(g) Subject to sub-paragraph f, Buy Hit's entire liability in respect of any matter or series of matters arising out of or in connection with Buy Hit's provision of this Application, the Platforms, and any service by Buy Hit or anything there under by any means shall be limited to 100 Tokens in total for each and every event or series of connected events.

(h) You shall indemnify Buy Hit and its licensors and keep Buy Hit and its licensors indemnified against all losses, damages, claims, and costs (including legal cost) caused or suffered by Buy Hit and/or its licensors as a result of a breach by You of any of these Terms of Use.

17. PAYMENTS

If You are purchasing our Tokens using a debit or credit card via the Application, we will process these payments via the automated secure common payment gateway which will be subject to fraud screening purposes.

If we become aware of, or are notified of, any fraud or illegal activity associated with Your payment, the purchase will be cancelled and You will be liable for all costs and expenses arising from such cancellation, without prejudice to any action that may be taken against us.

17. REFUND POLICY

At BuyHit, we prioritize ensuring a seamless and fair transaction process for both sellers and buyers on our Platforms. To provide clarity and transparency, we have established a Refund Policy to address specific scenarios that may arise during property transactions.

Acceptance of Lock by Seller, Decline by Buyer:

In instances where the seller accepts the lock for a property, but the buyer chooses not to proceed with the purchase, BuyHit acknowledges the inconvenience caused and seeks to compensate the seller accordingly. As part of our commitment to fairness, BuyHit will credit 100 tokens to the seller's account under such circumstances.

Cancellation of Deal by Seller or Buyer:

In cases where either the seller or the buyer decides to call off the deal after the lock has been accepted, BuyHit understands the need for resolution. To alleviate any potential loss, BuyHit will credit 100 tokens to the respective seller and/or buyer's account.

It is important to note that the token credits provided as compensation are non-transferable and can only be utilized within the BuyHit Platform for property-related transactions. Additionally, refunds will be processed promptly within 2 -3 business days of the cancellation or decline, ensuring efficient resolution for all parties involved.

18. DISCLAIMER

The materials on the Application are provided on an "as is" and “as available” basis and we make no warranties, or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Application or otherwise relating to such materials or on any site linked to the Application.

19. WE MAY MONITOR AND RECORD TELEPHONE CALLS

Call enquiries may be tracked and recorded for our 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.

20. GOVERNING LAW AND JURISDICTION

These Terms and any non-contractual obligations arising in connection with these Terms and Your access to the Application shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) in the Emirate of Dubai, United Arab Emirates. You agree to submit to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC).

21. SEVERABILITY AND WAIVER

If any part of these Terms of Use are found by any court, tribunal, administrative body, or authority of competent jurisdiction to be illegal, invalid, or unenforceable then that provision will, to the extent required, be severed from these Terms of Use and will be ineffective without, as far as possible, modifying any other parts of these Terms of Use and this will not affect any other provisions of the amended Terms of Use, which will remain in full force and effect.

There shall be no waiver of any term, provision, or condition of these Terms of Use, unless such waiver is evidenced in writing and signed by the party granting such waiver. There shall be no waiver of any term, provision, or condition of these Terms of Use, unless such waiver is evidenced in writing and signed by the party granting such waiver.

22. MISCELLANEOUS

Except as expressly provided in a separate agreement between You and Buy Hit, these Terms of Use supersede all previous contracts, arrangements, representations (other than fraudulent misrepresentation), terms implied by law, and understandings between the parties whether written, arising from custom, orally, or otherwise concerning the subject matter hereof. These Terms of Use are written in the English language. The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

23. CONTACT US

If You have any questions about these Terms of Use, please contact us at: contact@buyhit.com.