1. Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
- Offer: the (product and) service offer of a Third Party that can be accepted by another natural or legal person through the Platform.
- Terms and Conditions: these General Terms and Conditions of MyHouseInDubai with the trade name MyHouseInDubai.nl.
- Services/Products: the (commercial) services and/or Products offered through the Platform to Third Parties by MyHouseInDubai in its capacity as an affiliate to Users.
- User(s): any natural and/or legal person who uses the Platform, including Third Parties.
- Third Party(ies): the natural person or organization/legal entity (or a representative thereof) for whom MyHouseInDubai offers affiliate services.
- Party/Parties: MyHouseInDubai and/or the User(s).
- Platform: the website(s), social media account(s), app(s) and other tools of MyHouseInDubai and its affiliated companies and business partners through which the Services/Products and Products are made available.
- MyHouseInDubai: Part of MyHouseInDubai that offers Third Party Services/Products to Users through the Platform and receives a commission for this.
2. Applicability
- These General Terms and Conditions apply exclusively to all legal relationships with MyHouseInDubai. General terms and conditions and other terms (deviating from the General Terms and Conditions) used by the User(s) are expressly rejected by MyHouseInDubai.
- By using the Platform, the User accepts these General Terms and Conditions.
3. Offer
- MyHouseInDubai publishes the Offer on behalf of Third Parties on the Platform, in accordance with the information provided by Third Parties, or based on information and experiences of MyHouseInDubai.
- MyHouseInDubai does not accept any responsibility or liability for the content of the Offer and the information on the Platform in any case.
- Information from or originating from the Platform may not be reproduced or shown to third parties without the permission of MyHouseInDubai.
4. Misuse of the Platform
- The use of the Platform is not permitted for actions or behaviors that are in violation of laws and regulations, public order, or public decency. In particular, it is not allowed to distribute indecent, immoral, or discriminatory statements via the Platform.
- The User is furthermore not permitted to use the Platform to:
- disassemble, decompile, or subject it to reverse engineering;
- use it for commercial purposes;
- connect it to a network that allows other devices to access and use the Platform;
- make it available to third parties in any way whatsoever;
- use it for excessively sending data or messages, or for distributing viruses and other harmful software;
- to use in a manner that may be detrimental or harmful to MyHouseInDubai.
5. Maintenance and Adjustments
- MyHouseInDubai will endeavor to ensure that the Platform functions properly and with care, but will never be able to guarantee that the Platform will be available at all times, continuously and without interruptions.
- MyHouseInDubai maintains the Platform and may release updates to make adjustments, add new functionalities or improve performance.
- MyHouseInDubai has the right to change or remove information or functionality on the Platform.
6. Information Provided by the User
- By submitting information to the Platform, the User agrees that this information may be shared with other Users, in accordance with the terms outlined in the Privacy Policy.
- User is obliged to provide all data and documents, which MyHouseInDubai believes it needs for the correct execution of the Service and a legal obligation, in a timely manner and in the desired form and manner.
- The User is responsible for the accuracy, completeness, and reliability of the data and documents provided to the Platform, even if they originate from third parties.
- User indemnifies MyHouseInDubai against all claims resulting from any infringement of the rights referred to in this article and User shall compensate MyHouseInDubai for all damage and costs resulting therefrom.
7. Privacy
- MyHouseInDubai complies with all applicable laws and regulations regarding the protection of personal data. For more information, MyHouseInDubai refers the User to MyHouseInDubai’s Privacy Statement.
- If the User’s use of the Platform has ended, MyHouseInDubai will delete all personal data and remove existing copies, unless storage is required by law.
- User shall immediately notify MyHouseInDubai if, in the User’s opinion, an instruction violates the GDPR or any other legal provision regarding data protection.
- Personal data relating to MyHouseInDubai may not be processed by or on behalf of User without the prior written consent of MyHouseInDubai.
8. Liability
- Users use the Platform entirely at their own expense and risk. MyHouseInDubai takes no responsibility for the behavior of User(s) within and outside the Platform.
- MyHouseInDubai is not liable for the misuse of the Platform by (other) Users. MyHouseInDubai is also not liable for what is discussed or information shared between Users.
- MyHouseInDubai has an obligation to ensure that the Platform functions without technical failures. Maintenance work, development of the Platform may limit and/or temporarily interrupt the usage possibilities, which may also result in data loss. MyHouseInDubai cannot guarantee the availability of the Platform or the absence of technical failures or data loss.
- MyHouseInDubai may temporarily or permanently discontinue or decommission the Platform, without the User being able to derive any rights from this.
- The User is responsible for all actions that take place via his/her account. MyHouseInDubai is not liable for the expressions and/or information distributed by Users via the Platform.
- MyHouseInDubai accepts no liability for the accuracy, completeness, quality, and timeliness of the information and/or data found and/or presented on the Platform. Any liability of MyHouseInDubai for damage to the User arising from relying on information and/or other data presented on the Platform is therefore excluded.
- The User hereby indemnifies MyHouseInDubai against all damages and claims from third parties that are in any way related to or result from the use of the Platform by the User.
9. Complaints
- Complaints from Users should be addressed to the relevant Third Party. The exclusive responsibility for the Offer of a Third Party and its execution lies with the respective Third Parties.
- If a User has a complaint about the Platform, this complaint must be communicated by the User via email to MyHouseInDubai.
- After the complaint has been received by MyHouseInDubai, MyHouseInDubai will respond as soon as possible with a confirmation of receipt. MyHouseInDubai strives to handle the complaint as quickly as possible.
- Complaints as described in this article must be submitted fully and clearly described within a reasonable time after the User has discovered the defects, to the Third Party (paragraph 1) or MyHouseInDubai (paragraph 2) respectively.
10. Confidentiality
- The User will make every effort to prevent confidential information regarding the Platform and the Services/Products from coming to the knowledge or into the hands of third parties. Without prior written permission from MyHouseInDubai, the User will not make information and/or data made available to them by MyHouseInDubai available to third parties and will only disclose it to their personnel to the extent necessary for the use of the items and/or the execution of the Services/Products in accordance with the Agreement.
- The confidentiality obligation stated in the previous section does not apply to information for which the User can demonstrate that:
- the information was already publicly known;
- the information pertains to matters of general knowledge;
- the disclosure is made based on a legal obligation or court order.
- The confidentiality obligation also applies to third parties that the Users engage.
11. Intellectual Property Rights
- All intellectual property rights to (the content of) the Platform, including the underlying software, texts, graphic material, logos, images, etc., rest with MyHouseInDubai or its licensors.
- It is not permitted to copy, reproduce, distribute or make public the Platform in whole or in part without written permission from MyHouseInDubai, with the exception of personal use by the User.
- MyHouseInDubai does not guarantee in any way that the Services/Products delivered to the User do not infringe any written or unwritten intellectual and/or industrial property right of third parties.
12. Penalty
- In case of violation of the provisions in the General Terms and Conditions, the User forfeits to MyHouseInDubai, without notice of default or judicial intervention, an immediately due and payable fine of €5,000 and €500 for each day or part thereof that the User is in violation.
- A fine owed by the User does not affect MyHouseInDubai’s right to compensation for damages, costs, and interest incurred by it.
13. Amendment of General Terms and Conditions
- MyHouseInDubai may change and/or supplement the General Terms and Conditions at any time it wishes.
- If the User does not wish to accept an amendment or supplement, they may discontinue the use of the Platform until the effective date. Continued use of the Platform after the effective date will always be considered as acceptance of the amended or supplemented General Terms and Conditions.
14. Miscellaneous Provisions
- If any provision or part of a provision of these General Terms and Conditions is, for any reason, wholly or partially unenforceable, this shall not affect the enforceability of the remaining provisions of these General Terms and Conditions or the remaining part of the relevant provision.
- Dutch law applies to all legal relationships between MyHouseInDubai and the User.
- Only the court of the location of MyHouseInDubai has jurisdiction to hear disputes.