Terms of Use - bayut.com.kw - Kuwait's Property Portal

[March 2024 ] (the “ Effective Date ”)

By using www.bayut.com.kw or the Bayut mobile application of the online platform (collectively, the “ Website ”), you confirm that you have read, understood and accept these terms of use (the “ Terms ”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.
These Terms are made between Bayut (“ we ” “ us ” “ our ”, the “ Company ”, as applicable) and you (“ you ” or the “ User ”). The Company is part of Dubizzle Group Holdings Limited which operates various websites and the Website. Dubizzle Group Holdings Limited also offer services other than the Service.
If you are a company advertising on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.

DEFINITIONS

The following capitalised terms shall have the following meaning, except where the context otherwise requires:

“ Advertising Agreement ” – an agreement for the provision of advertising services or products entered into between the Company and the Client.
“ Ad Services Package ” – the bundle of advertising products or services which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
“ Affiliates ” – any company that is controlled or owned by Bayut, any company commonly controlled or owned by Bayut and any Dubizzle Group Holdings Limited entity jointly offering the Service.
“ Bayut ” – the owner and operator of www.bayut.com.kw .
“ Client ” - the client entity that is party to the Advertising Agreement.
“ Customer ” - any customer of the Client.
“ Dubizzle Group Holdings Limited - Dubizzle group of companies, including, without limitation, Bayut, Dubizzle and any of their Affiliates.
“ Effective Date ” - the date set out at the top of these Terms.
“ Intellectual Property Rights ” - all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
“ Interactive Features ” - any interactive services available on the Website including.
“ Material ” - material and content published on the Website or otherwise provided by the Company in connection with the Service.
“ Posting Agents ” - a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
“ Privacy Policy ” - the privacy policy of the Company from time to time.
“ Product ” - an online classifieds advertising platform provided on the Website and the Ad Services Package.
“ Registration Details ” - the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
“ Service ” - the provision of the Website, the Product and the Interactive Features.
“ Unacceptable ” - any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:

illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
harmful to the Company’s reputation.

“User Material” – material and content posted on the Website by a User or otherwise provided to Dubizzle Group Holdings Limited by a User in connection with the Website or the Service.

GENERAL TERMS AND CONDITIONS WHICH APPLY TO USERS

In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as “trade”, “dealer”, “agent”, “wholesale” or similar in the name of the advert they submit for publication.
The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.
The Company reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to the Company by a User.
The User’s Registration Details and data relating to its use of the Website and any Interactive Features will be recorded by the Company but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.6 below) nor used for any purpose unrelated to the Website or the relevant Interactive Features. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.
The User hereby authorises the Company to use any information which it submits to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
If the User does not wish the Company to use its information as set out in Clause 2.6 above, it should leave the Website before submitting its personal details.
If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to legal@bayut.com and insert unsubscribe as the subject heading of such message.
You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.
The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
For the avoidance of doubt, the Company is providing a service not goods.
Dubizzle Group Holdings Limited owns all Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Material displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.
If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:

a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;
identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material;
information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;
a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law;
a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and
a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notifications under Clauses 2.13 and 2.14 must be sent to legal@bayut.com .
Users will be invited to send comments to the Company email relating to the integrity and performance of other Users.
The following restrictions shall apply to all Users. You must:

not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful data, programs or similar computer code designed to adversely affect the operation of any computer hardware or software, into the Website or any Service or any operating system;
not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;
not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually;
not use the Service other than for your own personal use or as an agent listing property for sale and to rent;
not attempt to copy any Material or reverse engineer any processes without the Company’s consent;
not use any Service in any manner that is illegal, immoral or harmful to Dubizzle Group Holdings Limited;
not use any Service in breach of any policy or other notice on the Website;
not remove or alter any copyright notices that appear on the Website;
not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
not interfere with any other User’s enjoyment of the Website or the Service;
not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;
not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;
“stalk” or otherwise harass anyone;
not collect personal data about other Users or entities for commercial or unlawful purposes;
not transmit any User Material that:

harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
includes personal or identifying information about another person without that person's explicit consent;
impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and
includes links to commercial services or third party websites, except as specifically allowed by the Company;

not access without authority, interfere with, damage or disrupt:

any part of the Website;
any equipment or network on which the Website is stored;
any software used in the provision of the Website;
any equipment or network or software owned or used by any third party.

By submitting User Material on the Website or otherwise, the User grants Dubizzle Group Holdings Limited a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. Dubizzle Group Holdings Limited will not pay the User any fees whatsoever for the User Material and reserves the right in its sole discretion to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and/or authorisations in respect of the User Material necessary to grant Dubizzle Group Holdings Limited these rights.
The Company permits the User to post User Material on the Website in accordance with the Company’s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.
The Company grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specialises in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Clause 2.20 permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.
The Company offers a service known as “Featured Ads” where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, Click & Buy, a third party website, that may be governed by its own terms of use and other policies. The Company makes no representation or guarantee as to the safety or security of the information transmitted to any third party website, and your linking to any third party website is completely at your own risk, and the Company disclaims all liability related thereto to the fullest extent permitted by applicable laws.
The Company may employ a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed in order to perform their functions, but may not use it for any other purpose. The Company does not have access to or retain any users payment information.

INTERACTIVE FEATURES

The Company may from time to time provide Interactive Features on the Website.
The Company reserves the right to suspend or withdraw a User’s access to any Interactive Features and any other action the Company deems appropriate if the Company considers that a breach of these Terms has occurred or any Interactive Features are being misused or abused in any way.
The Company is under no obligation to oversee, monitor or moderate any Interactive Features and the Company expressly excludes its liability for any loss or damage arising from the use of any Interactive Features by a User.

PAID POSTINGS

The Company may charge a fee to post Material in some specific areas of the Service (“ Paid Material ”). The fee permits Paid Material to be posted in a designated area of the Website. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).

POSTING AGENTS

The Company prohibits the use of Posting Agents, directly or indirectly, without the express written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service in order to post Material on behalf of others, except with express written permission or license from the Company.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.
Any unauthorised use of the Company computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, the Company shall not be liable for any:

consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
loss of profit;
loss of business;
loss of revenue;
loss of or corruption to data;
loss of use;
loss of production;
loss of contract;
loss of opportunity;
loss of savings, discount or rebate (whether actual or anticipated);
harm to reputation or loss of goodwill;
loss of anticipated savings,

(in the cases of Clauses 7.1.2 to 7.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.

The limitations at Clause 7.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.
The limitations in this Clause 7 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
Whilst the Company will take all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.
The Website includes information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and, as far as the law allows, and subject to Clause 7.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
The Company does not guarantee that the Website or any Interactive Features will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website or any Interactive Features will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Website or any Interactive Features for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.
The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.
The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.
None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents, or so as to restrict or limit liability where such restriction or limitation is not permitted by applicable laws.

INDEMNITY

To the fullest extent permitted by applicable laws, the User agrees to defend, indemnify and hold harmless the Company, Dubizzle Group Holdings Limited and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the Website or the Service; (b) your breach of any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website and the Service.

PROPERTY FOR SALE AND PROPERTY FOR RENT CATEGORIES ON THE WEBSITE

If you are listing a property on this Website, your obligations are as follows:

Brokers

You warrant that you possess a valid license from the relevant authorities.
If a project is off plan (under construction), you warrant that the project is registered with the relevant authorities.
If you are engaging in subleasing activities, you warrant that you possess a license from the relevant authorities.
If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license from the relevant authorities.

Developers

You warrant that you possess a valid license from the relevant authorities.
If a project is off plan (under construction), you warrant that it is registered with the relevant authorities.

Owners and Landlords

You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorisation to list the property on the Website.
If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license from the relevant authorities.

Tenants

You warrant that you possess valid, written consent from your Landlord before advertising on the Website, and that you are legally entitled to publish such advertisement.

All Advertisers

You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded).
You warrant that the advertisement does not contain unlawful language or use of the premises, including:

defamatory, misleading or deceptive statements;
sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
sharing of a property between unrelated members of the opposite sex;
sharing of a property in any way that is deemed unlawful; and
any other language that promotes illegal or immoral activities.

If you are listing a property on any of the Website, your obligations are as follows:

The Company’s advertisements include real properties for sale or rent. The Company is not a real estate brokerage and the details of the properties available on the Website are provided to us by third party brokers, landlords, owners or developers;
The Company does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness;
You, the User of the Website, must conduct your own due diligence and must not rely on the details in the advertisements; and
The Company does not verify the applicable license number of all property broker companies prior to allowing them to advertise on the Website.

CALL RECORDING FOR REAL ESTATE BROKERS

Some of the licensed real estate brokers ( Brokers ) that advertise on our Website subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Service you expressly agree to having your phone call recorded when you call a Broker in relation to advertisements in the Property category of the Website and you agree that no further warning or consent is required.

AD SERVICES PACKAGE

If you are a Client, Customer or any of their officers, directors, employees, agents, contractors, sub-contractors or representatives, the following additional terms also apply to you:

The Company may publish on the Website any information supplied or made available to the Company by or on behalf of the Client. The Client acknowledges and agrees that the Company shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.
The Company may make operational changes to the Ad Services Package and individual products thereunder at any time. The Company will use reasonable endeavours to provide notification of material changes by posting a message on the Website or by informing the Client.
Subject to Clause 7.11 and to the fullest extent permitted by applicable laws, in no event shall the Company’s liability with respect to the provision of the Ad Services Package to the Client, regardless of the cause of action and losses suffered by the Client, exceed OMR 2,000.

GENERAL

Subject to Clause 6.2, these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause 12.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.
If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.
Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
To the fullest extent permitted by applicable laws, these Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“ DIFC ”), Dubai, United Arab Emirates. To the fullest extent permitted by applicable laws, any dispute or claim arising in connection with these Terms shall be settled by arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC) . The seat of the arbitration shall be Dubai, United Arab Emirates, and the language of the arbitration shall be English. The parties irrevocably agree to submit to the exclusive jurisdiction of the DIFC courts for the purpose of enforcing any arbitration award.
These Terms shall inure to the benefit of and be binding upon each party's successors.
If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.
All website design, text, graphics, the selection and arrangement thereof are Copyright ©2024, Bayut.com.kw, ALL RIGHTS RESERVED.

Effective Date: [March 2024]

WHAT DOES THIS PRIVACY POLICY COVER?

Your privacy is extremely important to Bayut. We are committed to protecting your Personal Data (as that term is defined further below). We want to be transparent with you about how we collect and use your Personal Data in making our website and mobile applications (“ Platform ”) available to you and tell you about your privacy rights and how the law protects you.

This Privacy Policy aims to give you information on how Bayut collects and processes your Personal Data through your use of this Platform.

By using the Platform, you agree to the collection, use and transfer of your Personal Data as set out in this Privacy Policy.

With that in mind, this Privacy Policy covers the following:

WHO WE ARE AND HOW TO CONTACT US
PERSONAL DATA WE COLLECT FROM YOU
PERSONAL DATA WE COLLECT FROM OTHER SOURCES
HOW WE USE YOUR PERSONAL DATA AND WHY
WHO WE SHARE YOUR PERSONAL DATA WITH
HOW WE KEEP YOUR PERSONAL DATA SECURE
HOW LONG WE STORE YOUR PERSONAL DATA
YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
MARKETING COMMUNICATIONS
OUR POLICY ON CHILDREN
THIRD PARTY LINKS
CHANGES TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time, with or without notice to you. If that happens, the new version of this Privacy Policy will be made available on this page.

This Privacy Policy may be published in different languages. If that is the case and there are any inconsistencies between versions, the English language version will prevail.

WHO WE ARE AND HOW TO CONTACT US

Who we are

BAYUT operates the Platform and is therefore the controller of your Personal Data (referred to as either “ Bayut ”, “ we ”, “ us ” or “ our ” in this Privacy Policy).

How to contact us

You can contact us by emailing: privacy@bayut.com .

PERSONAL DATA WE COLLECT FROM YOU

The Personal Data we collect directly from you is outlined in the table below.

“ Personal Data ” is information about an individual from which that individual is either directly identified or can be identified. It does not include ‘ anonymised data ’ (which is information where the identity of an individual has been permanently removed). However, it does include ‘ pseudonymised data ’ (which is information which alone doesn’t identify an individual but, when combined with additional information, could be used to identify an individual). For the avoidance of doubt, information about properties that you have listed on the Platform does not constitute your Personal Data, as it cannot be used to identify you, and this Privacy Policy does not apply to such information.

Category of Personal Data	What this means
Identity Data	First name, last name, username or similar identifier, profile photo, gender and age.
Contact Data	Email address, physical address and telephone number(s).
Location Data	Approximate location if you enable this feature via your device. This is used, for example, to help you search properties around you, or to verify a listing using our ‘TrueCheck’ feature.
Listings Data	Details about your previous and current listings on the Platform, as well as details of other users’ listings that you have viewed. This includes (without limitation) listing information such as images, videos, virtual tours, pricing, property type, property history and general property description.
Partial Payment Data	Partial credit card details may be retained on file if you need to make a payment through the Platform or otherwise to us. We do not retain your full payment data for security reasons.
Marketing Data	Your preferences in receiving marketing messages from us.
Chat Data	Details of messages that you exchange with us or other users of the Platform, for example via WhatsApp.
Call Data	Recordings of calls between you and our teams, or between you and other users or Agents which you contact about a property through a form or link on the Platform, which are recorded for monitoring and training purposes.
Behavioural Data	Inferred or assumed information relating to your behaviour and interests based on your activity on the Platform. This is most often collated and grouped into ‘segments’ on an aggregated basis.
Technical Data	Internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or use our services.

Aggregated data

We also collect, use and share ‘ aggregated data ’, such as statistical or demographic data for a number of purposes. Aggregated data may be derived from your Personal Data, but once in aggregated form it will no longer constitute Personal Data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Behavioural Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect aggregated data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

Special categories of personal data

We do not knowingly collect any ‘ special categories of personal data ’ about you (this includes, for example, details about your race or ethnicity, religious or philosophical beliefs, political opinions, information about your health, genetic and/or biometric data, and information about criminal offences and convictions).

We ask you not to share any of that data with us (for example, through our support chat function) or other users of the Platform (for example, through the user-to-user chat function). However, should you choose to share such data with us or other users of the Platform, you consent to us processing such data in accordance with this Privacy Policy and applicable laws.

What happens if you refuse to provide necessary Personal Data?

You do not have to provide any Personal Data to us. However, where we need to process your Personal Data either to grant you access to the Platform or to comply with applicable law, and you fail to provide that Personal Data when requested, we may not be able to provide you access to the Platform. For example, we need your email address in order to register your account on the Platform.

PERSONAL DATA WE COLLECT FROM OTHER SOURCES

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain of your Personal Data from third party sources. These sources are set out in the table below.

Third party source	Categories of Personal Data
Social media platforms	Identity Data Contact Data
Our affiliates	Identity Data Contact Data Marketing Data
Analytics providers	Behavioural Data Technical Data
Advertisers	Behavioural Data Technical Data

HOW WE USE YOUR PERSONAL DATA AND WHY

We will only use your Personal Data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so (please refer to the ‘Changes to this Privacy Policy’ section further below).

What is our ‘legal basis’ for processing your Personal Data?

In respect of each of the purposes for which we use your Personal Data, applicable privacy laws require us to ensure that we have a ‘ legal basis ’ for that use. Most commonly, we will rely on one of the following legal bases:

Where we need to process your Personal Data to meet our contractual obligations to you (for example, to provide you access to the Platform) (“ Contractual Necessity ”).

Where we need to process your Personal Data to comply with our legal or regulatory obligations (“ Compliance with Law ”).

Where we have your consent to process your Personal Data for a specific purpose (“ Consent ”).

We have set out below, in a table format, the legal bases we rely on when processing your Personal Data.

Purpose	Categories of Personal Data	Why we do this	Our legal basis
Account creation	Identity Data Contact Data	To register you as a user on the Platform and manage your user account.	Contractual Necessity
Platform operation	Identity Data Contact Data Location Data Listings Data Chat Data Call Data	To operate the Platform and enable your use of the Platform, including by allowing you to interact with other users of the Platform.	Contractual Necessity
Enabling transactions	Identity Data Contact Data Listings Data Chat Data Call Data	To enable users of the Platform to search for properties and contact the relevant landlord or Agent, and to provide Agents with updates on properties advertised on the Platform.	Contractual Necessity
Facilitating payments	Identity Data Contact Data Partial Payment Data	To facilitate payments through the Platform. We rely on third party payments processors to process payments, and do not have access to or retain your full payment data.	Contractual Necessity
Analytics	Listings Data Behavioural Data Technical Data	To understand how you and other users use the Platform and to segment our userbase into groups for marketing purposes. To identify trends in property prices and compile data about property prices, which we may commercialise. All relevant data is aggregated and anonymised.	Contractual Necessity
Marketing	Contact Data Marketing Data	To send you marketing messages, where you have agreed to receive them.	Consent
Troubleshooting	Technical Data	To track issues that might be occurring on our Platform and to address them.	Contractual Necessity
Fraud prevention	Identity Data Contact Data	To keep our Platform and associated systems operational and secure.	Compliance with Law

WHO WE SHARE YOUR PERSONAL DATA WITH

The table below describes who we may share your Personal Data with and why we share it.

We require all recipients of your Personal Data to implement appropriate security measures to adequately protect it, consistent with our policies and any data security obligations applicable to us. We do not permit our third party service providers who process your Personal Data on our behalf to use it for their own purposes, and only permit them to process your Personal Data for specified purposes in accordance with our instructions and applicable laws.

Recipients	Why we share it
Other users of the Platform	We need to share some of your Personal Data with other users of the Platform when you wish to transact with them through the Platform. This may include Agents who have listed properties you are interested in, in which case several Agent representatives may have access to your Personal Data. For this purpose, “ Agents ” include estate agents, commercial agents, lettings agents, managing agents, property developers and/or property surveyors. By listing a property on the Platform, the relevant information and any Personal Data associated with your account profile (including your username and profile picture) will be publicly accessible to, and may be copied and shared externally by, all other users of our Platform. Such information may also appear in third party search engine results (for example, Google search results). Please ensure that you are comfortable with such information being publicly available before submitting it on our Platform.
Lenders	If you choose to apply for a mortgage pre-approval or use our mortgage calculator, we may need to share some of your Personal Data with our banking partners.
Service providers	Our service providers provide us with a range of services which are necessary for the operation of the Platform (for example, IT, system administration services, or marketing services), and may have access to your Personal Data as a result.
Affiliates	Bayut is part of the Dubizzle Group, which operates other consumer platforms and share technology with Bayut. Our affiliated companies may require access to your Personal Data as they help us operate the Platform and manage user data.
Professional advisers	Our lawyers, bankers, auditors, insurers and other advisers may require limited access to your Personal Data when they provide consultancy, banking, legal, insurance and accounting services to us.
Public authorities	Public authorities may require us to disclose user data to them under certain circumstances, where required by law (for example, in the event of a police investigation).
Acquirer(s)	We may share your Personal Data with third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, so that any potential acquirer(s) may continue operating the Platform. Where that is the case, we will ensure that any such recipient(s) continue to use your Personal Data in accordance with this Privacy Policy.

Data transfers

We may transfer your Personal Data to jurisdictions outside of the country in which you are located that may not be deemed to provide the same level of data protection as your home country, as necessary for the purposes set out in this Privacy Policy. We will always ensure that any such cross-border transfers of your Personal Data comply with applicable laws and regulatory requirements.

HOW WE KEEP YOUR PERSONAL DATA SECURE

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost or altered, or used or accessed in an unauthorised way.

We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such persons are subject to a contractual duty of confidentiality.

We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to mitigate any impact to your privacy, work with relevant regulators, and notify you of such breach in certain circumstances.

HOW LONG WE STORE YOUR PERSONAL DATA

We will only retain your Personal Data for as long as we reasonably need to use it for the purposes set out in this Privacy Policy, unless a longer retention period is required by applicable law (for example, for regulatory purposes).

Under some circumstances, we may anonymise your Personal Data so that it can no longer be associated with you. We may retain such anonymised data indefinitely.

Our data retention policies are reviewed at regular intervals and comply with all applicable requirements.

YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Your rights

Under some circumstances, you may have certain rights in relation to your Personal Data. For example, you may have the right to:

Request access to your Personal Data . This allows you to receive a copy of the Personal Data we hold about you, and to check that we are lawfully processing it.

Request the correction of your Personal Data . This allows you to ask for any incomplete or inaccurate information we hold about you to be corrected.

Request the erasure of your Personal Data . This allows you to ask us to delete or remove your Personal Data from our systems where there is no good reason for us to continue processing it.

Object to the processing of your Personal Data . This allows you to object to our processing of your Personal Data for a specific purpose (for example, for marketing purposes).

Request the transfer of your Personal Data . This allows you to request the transfer of your Personal Data in a structured, commonly-used, machine-readable format, either to you or to a third party designated by you.

Withdraw your Consent . This right only exists where we are relying on your Consent to process your Personal Data. If you withdraw your Consent, we may not be able to provide you with access to the certain features of our Platform. We will advise you if this is the case at the time you withdraw your Consent.

Please note that not all of the rights listed above may be available to you, and some rights may only be exercisable in specific circumstances.

How to exercise your rights

If you want to exercise any of the rights described above, please contact us.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that your Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month of receipt. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.

Although we will typically not charge a fee for exercising your rights described above, we reserve the right to charge a reasonable fee in some circumstances (for example, if your request is unreasonable or if you submit an excessive number of requests).

Complaints

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us. We will reply to your complaint as soon as we can.

If you are unsatisfied with our response to any issue that you raise with us, you may have the right to submit a complaint to the data protection authority in your jurisdiction.

MARKETING COMMUNICATIONS

You can ask us to stop sending you marketing messages at any time by logging in to the Platform and checking or unchecking relevant boxes to adjust your marketing preferences, or by following the ‘ Unsubscribe ’ link included at the bottom of any marketing email you receive from us.

OUR POLICY ON MINORS

This Platform is not intended to be used by minors, and we do not actively monitor the age of our users.

However, if you become aware that a minor has been using the Platform in breach of this restriction, please contact us if you would like us to remove their Personal Data from our systems.

THIRD PARTY LINKS

This Platform may include links to third party websites and applications. Clicking on those links will take you off-Platform and may allow third parties to collect or share your Personal Data. We do not control these third party websites and applications and are not responsible for their privacy practices. When you leave our Platform, we encourage you to read the privacy policy of every website and application you visit.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time, with or without notice to you.

Where that is the case, we will update this page to display the revised Privacy Policy and may also under certain circumstances notify you (for example, by email).

Any revisions to this Privacy Policy will be effective immediately once posted on this page.