1. Introduction
Welcome to www.boomprops.com (the “Website”). The Website is owned and operated by Boom Props FZE., a company registered in Sharjah, with having its registered office at [Sharjah Publishing City Free Zone] (“we”, “us”, or “our”). Please read these Terms of Use (“Terms”) carefully before using the Website. By accessing and using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
2. Accessing the Website
We reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users who have registered with us.
3. License to use the Website
We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Website for your personal, non-commercial use, subject to these Terms. You agree not to use the Website for any other purpose, including any commercial purpose, without our express written consent.
4. Intellectual property rights
All intellectual property rights in the Website and its content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by us or our licensors and are protected by applicable intellectual property laws.
5. Prohibited uses
You agree not to use the Website in any way that:
- infringes any applicable laws or regulations.
- is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- harms or attempts to harm minors in any way.
- transmits, or procures the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- knowingly introduces viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
- attempts to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
6. User accounts
To access certain features of the Website, you may be required to register for an account. When registering for an account, you must provide accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account.
7. Privacy
Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and share your personal information.
8. Representations and warranties
You represent and warrant that your use of the Website will always comply with these Terms of Use and any further terms that may apply to you in relation to your use of the Website, including all amendments and revisions to these Terms in accordance with Clause 13 herein.
9. 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 Website; or the use of or reliance on any content displayed on the Website. We will not be liable for any loss or damage arising under or in connection with:
- any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
- 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.
- the use of, or inability to use, our website.
- the reliance on any content or information displayed on our website.
- any direct, consequential, special or punitive loss, damage, costs and expenses.
- loss of profit.
- loss of business.
- loss of reputation.
- depletion of goodwill; or
- loss of, damage to or corruption of data.
Unless we otherwise expressly agree in writing, you agree not to use the Website for any commercial or business purposes.
We do not guarantee that the Website 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 programs, data or other proprietary materials due to your use of the Website or to your downloading of any content on it, or any website linked to it. You are responsible for configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection software.
If you inquire about a property on this Website, you acknowledge and agree that your details will be sent by email or other communication means, such as WhatsApp, directly to the agent, estate agent, landlord, developer marketing the property or properties you are inquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
10. Content on the Website
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained or displayed on the Website at any time without notice.
11. Making the Website available to you
We strive to ensure that the Website and the services are always available to you, but we do not guarantee that the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website 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 Website or the services, including your access to it.
12. Links to other websites
The Website may contain links, hyperlinks, and pointers to third party products, services and/or websites 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 sites or resources of third parties and we do not guarantee or take responsibility for them. The Website may also contain advertising from third parties, and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Any links or advertisements on the Website should not be interpreted as approval by us of those linked sites or information you may obtain from them. The Website also contains data provided by third parties and we are not responsible for, nor do we make any warranties or representations for any inaccuracies in such data. 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 Website, 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 Website. We do not warrant that the content, links, or sub- domains contained on, or associate with the Website will be always available and accessible to you. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial, or real estate advice.
13. Changes to the Terms
We may revise these Terms from time to time without notice. Each time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. In addition, we may also update and change the Website from time to time without notice.
14. Your contributions on the Website
In these Terms “Contributions” means any information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on the Website.
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 your Contributions if we consider that:
- those Contributions are in breach of any law or regulation.
- those Contributions infringe the intellectual property rights of any third party.
- we are required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice.
- those Contributions are:
- misleading or deceptive.
- inappropriate having regard to the purpose of the Website.
- likely to cause offence.
- materially incorrect.
- obscene.
- defamatory.
- otherwise, unlawful and/or against the customs or norms of the region in which this Website is referred to; or
- 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 Website the right to use your name or the name you submit with the Contribution, and the right to represent and warrant that:
- you own and control all the rights to the Contributions; or
- you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
- 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
- You understand that when accessing the Website, you may be exposed to the Contributions of other users of the Website. 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:
- you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorise us to display your Contributions.
- you 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
- you will not make any Contributions that are:
- misleading.
- deceptive.
- materially incorrect.
- likely to cause offence.
- directly or indirectly involve the advertising or marketing of any products or services.
- obscene, including pornographic, hateful, racially, or ethnically offensive material.
- defamatory.
- otherwise, unlawful or encourage unlawful conduct; or
- otherwise, inappropriate having regard to the purpose of our Website.
15. Communicating with you
When you use the Website 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 Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide 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 you provide to us.
16. Termination
We may, at our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to the content, as well as the disclaimers and limitations of liabilities set forth in these Terms, shall survive.
17. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Sharjah, United Arab Emirates]. You agree that the courts of [Sharjah, United Arab Emirates] will have exclusive jurisdiction over any dispute or claim relating to these Terms or the Website.
18. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and us with respect to the use of the Website. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19. Contact information
If you have any questions, concerns or comments about these Terms, the Website, or our policies, please feel free to contact us at [info@boomprops.com].
20. Indemnity
You agree to indemnify, defend, and hold us and our officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions, demands, liabilities, costs, expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your breach or violation of these Terms, or your violation of any rights of another party.
Please note that these Terms are subject to change at any time, and your continued use of the Website following any changes indicates your acceptance of the revised Terms.