Your Dubai Home ( UK ) Terms and Conditions
1. Introduction
1.1 This legal notice applies to all information made available to, or, communicated to you by us. The different communication mediums include (without limitation) the website found at the domain name ‘yourdubaihome.com', telephone, email, facsimile, post or mobile telephone SMS (hereafter referred to as “information”).
1.2 Please read these terms carefully before using the Website and/or utilising our services. By using our Website and/or contacting us by telephone, email, facsimile, post or SMS indicates that you accept these terms regardless of whether or not you choose to use our services. If you do not accept these terms, do not use our Website, do not contact us and do not utilise our services.
1.3 We may revise this legal notice at any time. You should check with us from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at our Website.
2. Use of Our Services, Suppliers and Agents
2.1 “An opportunity or supplier introduced by us” means any opportunity which may include, but is not limited to, land, property, apartments, villas, entire developments, commercial space, whether constructed or not at the time of introduction, both in the UK and abroad, or supplier of the same, including but not limited to developers, estate agents, or other intermediary agents, that have been researched, negotiated or procured by us, or in the case of suppliers are persons or companies with whom we have an established relationship (contractual or otherwise), and a) would not have otherwise have been known to you or b) have not contacted the supplier directly prior to communicating with us.
3. Fees
3.1 Fees for participation in property opportunities introduced to you by us, vary per opportunity but will always be disclosed to you before you commit to participate in any such opportunity. Unless otherwise agreed in writing by us, all fees and charges are payable immediately upon your commitment (expressed verbally, or otherwise), to purchase a property opportunity and are quoted exclusive of VAT. We reserve the right to withdraw the opportunity to purchase a property procured by us, if you fail to pay our fees and charges in full and at the appropriate time. We reserve the right to charge interest at the rate of 8% per from the date the fee or charge was due, until full payment is received without concession.
4. Restrictions
4.1 If you, without notifying us, and within one year of the date an opportunity was originally introduced to you by us:
• engage in any capacity directly with a supplier or developer originally introduced to you by us, or
• engage with the supplier or developer over new opportunities,
• or if you or a member of your staff refers an opportunity introduced to you by us to another person, or body and that person or body engages in any capacity directly with the supplier or developer of the opportunity, then you will be liable to pay our fee at the prevailing rate. Interest at the rate of 8% per year will be applied from the date of engagement, until full payment is received without concession.
5. Data Protection
5.1 Other than personally identifiable information, which is covered under Clause 5.2 below, any material you transmit or post to us shall be considered non- confidential and non-proprietary. We shall have no obligations with respect to such material. We, and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 We may hold ‘personal data' (as defined in the Data Protection Act 1998) about you in computerised and/or manual form. By instructing the Company, you consent to the Company holding and processing your personal data for the purposes of acting on your behalf, the maintenance and preservation of records and direct marketing by the Company to you by any means, including the transfer of the data outside the EEA.
5.3 We will not pass any such personal data to a third party (except when reasonably required in carrying out your instructions or confidentiality for audit, regulatory or quality control purposes) without your written consent.
5.4 The personal details you provide must be accurate, complete, honest and truthful.
5.5 If you do not wish your personal data to be used by us for direct marketing purposes you should notify us in writing.
6. Disclaimer
6.1 All information provided by us (including without limitation, photographs, illustrations, plans, dimensions, descriptions, tables, projections, brochures {both in electronic and printed format) and prices) provided for guidance only. While we endeavour to ensure that the information we provide is true and correct to the best of our knowledge, Your Dubai Home (UK), to the maximum extent permitted by law excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to such information.
6.2 We may make changes to the material on this Website, or to the products, services and prices described in it, at any time without notice. The information on our Website may be out of date, and we make no commitment to update such material.
6.3 As part of the information we provide may be third party material and third party web sites Your Dubai Home (UK) accepts no liability in respect of the contents of such material or sites. We should not be taken to be endorsing, publishing, permitting or authorising such sites or materials. We are not a party to, or responsible for, any transaction concerning goods or services available from such third party web sites.
We accept no liability for any errors or omissions in information produced by third parties and accept no liability in respect of the standing of any firms, companies, authorities or individuals referred to.
6.4 Where a property is advertised on our website and/or the details are provided by us to you it is your responsibility to ensure that all titles and, where appropriate, licenses and planning permissions are correct and in place before proceeding to purchase. It is your responsibility to conduct all necessary surveys and due diligence. Your Dubai Home (UK) accepts no liability for any damages, including without limitation, loss of deposits and/or monies arising out of or in connection with the negligence of agents, property owners and/or property developers.
6.5 Any information provided by us to you (via our website or otherwise) does not constitute either an offer to sell; a solicitation; or an offer to buy in a country in which this type of offer or solicitation is unlawful, or in which a person making such an offer or solicitation does not hold the necessary authorisation to do so. It is also not directed at investors, in those cases where the law prohibits this type of offer or solicitation from being made. Accordingly, you are responsible for ascertaining the legal requirements, which would affect your acquisition of any property, including any foreign exchange control requirements.
6.6 Our fees are charged for introducing opportunities to you only and as such we are not obliged at anytime now, or in the future, to purchase, sell, re-sell, advertise, market, rent or lease any property, or other opportunity, that is introduced by us and subsequently purchased by you.
7. Liability
7.1 To the fullest extent permitted by law, Your Dubai Home (UK) accepts no liability or responsibility for any amount or kind of loss, damages or costs arising out of or in connection with the use of our website and/or services, including without limitation direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
7.2. For the avoidance of doubt, Your Dubai Home (UK) does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Your Dubai Home (UK), or its employees or other representatives.
8. Financial, Legal and Tax Matters
8.1 You are advised to seek appropriate financial, legal and tax advice from suitably regulated sources prior to investing in any property featured on our website or otherwise referred to you by us. We do not provide financial advice under the regulations of the Financial Services Authority.
8.2 Nothing we provide should be construed as offering investment advice and/or tax advice.
9. Governing Law and Jurisdiction
9.1 These terms and conditions are governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of England and Wales .