TERMS OF USE
Welcome
to Group Buy, these Terms of Use (hereinafter referred to as
the “Terms”) shall govern the relationship between Company,
having its registered office at New York, USA (hereinafter
referred to the “Company” or “Group Buy” or “Us” or “Our” or “We”)
and you (hereinafter referred to “You” or “Your” or “User” or “Users”)
and shall also govern your use of group-buy-react.thermalcode.com and its
related mobile application, namely “Group Buy” (hereinafter
referred to as the “Website” or “Site” or “App” or “Platform”).
Please read
these Terms carefully, as they form the entire agreement between you and Group
Buy. If you do not accept these Terms in its entirety, then you may not use the
Site or our App.
Additionally,
how we collect, use, store, share and transmit your data is governed by our
Privacy Policy statement. These Terms of Use shall be read in conjunction with
our Privacy Policy statement.
- 1.Acceptance of the Terms of Use
o
By accessing or
using or registering or listing or requesting on our Website or App in any way
or by clicking on a button or taking, similar action to signify your
affirmative acceptance of these Terms, you hereby represent that:
o
i
You have read, understood, and agreed to be bound by
these Terms and any future updates and additions to these Terms, as published
from time to time at the Website and/or the App.
o
ii
You are of sound mind and at least of such minimum legal
age as per the jurisdiction in which you reside, in order to form a binding
contract with us. In case you are not of the age of majority as per the laws of
the country that you reside in, then you must have the permission of your
lawful guardian to use and access the Website or App.
o
iii
We must not have previously disabled your account for
violation of law or any of our policies.
o
iv
You agree, understand and acknowledge that the we are an
online platform that connects the buyers/tenants with the owners/brokers. We,
however, cannot verify each listing or the background or genuineness of any
user. Besides this, we cannot be a party to or control in any manner any
transactions that you enter into with any user that you connected through our
Platform. Therefore, please be careful before meeting or entering into any
transaction, and take appropriate precautions.
- 2.Accounts, Passwords and Security
Account Registration: To access various parts of the
Website, and to avail various services, you might be required to register and
create an account with us. When setting up and maintaining your account, you
must provide and continue to provide accurate and complete information about
yourself. As part of the registration process, you will create a password and
an account.
Social Media Signup: You also have an option of
signing up using social media accounts, such as Google and Facebook. In case,
you chose to sign up using any of the social media account, you will be
re-directed to the website of such social media account, and therefore, in
addition to these Terms and our Privacy Policy, you will also be subject to the
terms and privacy policy of such social media website.
Security: You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your account, including,
without limitation, all actions by sub-users registered under your account. You
agree to (a) immediately notify us of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. We cannot and will not be liable for any
loss, damage or other liability arising from your failure to comply with this
Section or from any unauthorized access to or use of your account.
Listing Verification: Although we owe no obligation, we
reserve the right to verify the information or content submitted by you. You
shall provide true, accurate and complete information, whenever and wherever
asked. If you are listing a property, please ensure to put original, genuine,
and up-to-date pictures of the same. This is important for us to build a
trustworthy platform.
Inaccurate Information: If we have reasonable grounds to
suspect that any of the information submitted by you is untrue, inaccurate,
outdated, or incomplete, we may terminate your account, and refuse current or
future use of any or all of the services.
Allowed uses:
- Directions
of Use: You
must follow any and all guidelines or policies or directions of use as
associated with each of the services on the Site or App.
- Listing: If you are listing a property, please ensure
to put original, genuine, and up-to-date photos of the property that
depicts the true state of the property. Make sure to put accurate
description and information.
- Information: Whenever prompted, you must provide us with
the correct, accurate and updated information, including but not limited
to your name, email, contact number etc.
- Material: For the purposes of these Terms, “material”
shall mean any text, video, graphics and sound material, published on
the Website, whether a copyright of Group Buy, its licensors or any
third party. You are not allowed to download or print the material, or
extracts from it, in a systematic or regular manner or otherwise so as
to create a database in electronic or paper form comprising all or part
of the material appearing on the Website. You must not reproduce any
part of the Website or the material or transmit it to or store it in any
other website or disseminate any part of the material in any other form,
unless we have indicated that you may do so.
- ii.
Restricted uses:
- You
can’t impersonate others or provide inaccurate information.
- You cannot list fake properties, or post fake or
morphed pictures.
- You can’t write any content on any political,
racist or such other issue which effect’s a person, community or
society.
- You must not misuse or interfere with the Services
or Website or App or try to access them using a method other than the
interface and the instructions that we provide. You may use the Services
only as permitted by law and as per the directions provided by us.
Unless otherwise expressly stated, you may not access or reuse the
Services, or any portion thereof, for any commercial purpose.
- You must not:
- republish
material from this Website or App;
- sell, rent or sub-license material from the
Website or App;
- show any material from the Website or App in
public without our consent;
- edit or otherwise modify any material on the
Website or App (other than editing your own information as per the
method provided);
- reproduce, duplicate, copy or otherwise exploit
material on our Website for a commercial purpose (unless expressly
consented by us); or
- redistribute material from the Website, except
for content specifically and expressly made available for
redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property
Rights or Intellectual Property Rights of our licensors, vendors or any
third party;
- We reserve the right to restrict your access to
any areas of our Website or App, or indeed our whole Website or App, at
our discretion.
- You must not use our Website or App in any way
that causes, or may cause, damage to the Website or App or impairment of
the availability or accessibility of the Website; or in any way which is
unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Website or App to copy,
store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, trojan
horse, worm, keystroke logger, rootkit or other malicious computer
software.
- You must not conduct any systematic or automated
data collection activities (including without limitation scraping, data
mining, data extraction and data harvesting) on or in relation to our
Website, without our express written consent.
In case of your violation or non-compliance of any of the
terms mentioned in this Terms of Use, we reserve the right to suspend or terminate
your account or your access to the Website or App or our services, at our sole
discretion.
Group Buy’s Rights: This Website, App, its trademark,
trade name, logo, services and its content listed on it shall remain the sole
property of the Group Buy or its licensors, as the case may be. Your use of or
access to this Website or App shall not in any way transfer or assign to you
any ownership or other proprietary rights in or to this Website or App or any
content published by us or our licensors or third parties. This Website and the
content, including but not limited to the trademark, logo, copyright, design,
layout, typography, underlying HTML, Java scripts, text, audio clips, video
clips and graphics, and in the expression of the information contained herein,
whether as a compilation or otherwise is protected by relevant Intellectual
Property laws, rules and regulations. Trademarks, trade names and designs
appearing on this Website are the exclusive property of, or are licensed to the
Group Buy and are protected. No use of a trademark, trade dress, trade name or
design appearing on this Website may be made without the prior written
permission of the Group Buy.
Content published by You:
- The listings, photos, or
description that you write or share may be protected by intellectual
property laws. You own the intellectual property rights in any such
content that you share or upload on the Platform. Nothing in these Terms
takes away the rights you have to your own content. You are free to
share your content with anyone else, wherever you want.
- However,
to provide our Services we need you to give us some legal permissions
(known as a ‘license’) to use this content of yours. This is solely for
the purposes of providing and improving our Services
- Specifically,
when you upload or write a content that is covered by intellectual
property rights, you grant us a non-exclusive, transferable,
sub-licensable, royalty-free, and worldwide license to host, use,
distribute, modify, copy, publicly perform or display, and translate
your content. However, we do not have any responsibility to use or
display any part of your content on any part of the Website or
App. We retain the right to remove the listings or your
requests, if we find it against our policies or applicable laws, at our
sole discretion.
- You can
delete your listings or your account from our Website or App at any
time.
- 5.Privacy
- In order to see what data we
collect and how we use or store or share such data, please refer to the
detailed Privacy Policy statement available on our Website or App, as may
be updated from time to time.
- 6.Links to Third-party Sites
- The Website might contain links to
third-party websites, products and services. For example, each listing has
a phone number or a WhatsApp link, and if you click on such number or
link, you are taken our of the jurisdiction of our platform, and you
become subject to the policies of such third party platform (for example –
WhatsApp in this case). Company provides access to these Third-Party Links
only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party
Links. You shall use all Third-Party Links at your own risk, and should
apply a suitable level of caution and discretion in doing so. Whenever you
click on such links, you are taken to such third-party website, and you
get out of the jurisdiction of our Website. Therefore, you shall be
governed by the Terms of Use, Privacy policy and other policies of such
third-party websites and we suggest that you read those policies. In case
of any damage due to such action of third-party links, Group Buy shall not
be responsible.
- 7.Disclaimer
- We are a marketplace platform
that connects tenants/buyers with the owners/brokers. You acknowledge and
undertake that you are accessing the services on the website and
transacting at your own risk and are using your best and prudent judgment
before entering into any transactions with any user you connected with
through the Platform. We shall neither be liable nor responsible for any
actions or inactions of any user nor any breach of conditions,
representations or warranties by the users and hereby expressly disclaim
and any all responsibility and liability in that regard. We shall not
mediate or resolve any dispute or disagreement between you and any user
you come into contact with through the Platform.
- The site
is provided on an “as-is” and “as available” basis, and Group Buy (and
our licensors and affiliates) expressly disclaim any and all warranties
and conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of quality, suitability, accuracy,
reliability, completeness, timeliness, performance, safety, fitness for a
particular purpose, title, quiet enjoyment or accuracy of the content,
information, request or listings on our Platform. We (and our licensors,
affiliates and vendors) make no warranty that the Site or App or services
will meet your requirements, will be available on an uninterrupted,
timely, secure, or error-free basis, or will be accurate, reliable, free
of viruses or other harmful code, complete, legal, or safe.
- 8.Limitation of Liability
- We will not be held responsible
for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond
our reasonable control.
- To the
maximum extent permitted by law, in no event shall Group Buy (or our
licensors or affiliates) be liable to you or any third party for any lost
profits, lost data, costs of procurement of substitute services, or any
indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or inability to
use or purchase from, the site, even if Group Buy has been advised of the
possibility of such damages. Access to, and use of, the Site or App is at
your own discretion and risk, and you will be solely responsible for any
damage to your device or computer system, or loss of data resulting
therefrom.
- 9.Indemnity
- You acknowledge to defend,
indemnify and hold Group Buy, its users, its affiliates, subsidiaries,
directors, officers, employees, agents, partners, and any other licensors
(hereinafter referred to as “Indemnified Party”) harmless from
and against any claim, disputes, fine, liability, demand or expense,
including reasonable attorneys’ fees, made by a third party, relating to,
or arising from:
- Your violation of any third-party
right, including without limitation to any right to privacy, publicity
rights, defamation or intellectual property rights, including content the
user distributes through the services;
- Your
wrongful or improper use of services, Site or App;
- Your
violation of any applicable laws, rules or regulations or any other
applicable law through or related to the use of our Services;
- Your
violation of these Terms or any other policy of Group Buy as associated
with our services;
- The
indemnifications set forth above will survive the termination or
expiration of these Terms and/or your use of our services.
- 10.Claims against Objectionable
Content
- As we list a lot of listings on
the website and App, so it is not possible for us to be aware of the
contents of each listing that is displayed. Accordingly, we operate on a
"notice and takedown" basis. If you believe that any content on
the website or App is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism,
bigotry, hatred or physical harm), deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilic or menacing; ethnically objectionable,
disparaging; or is otherwise injurious to third parties; or relates to or
promotes money laundering or gambling; or is harmful to minors in any way;
or impersonates another person; or objectionable or otherwise unlawful in
any manner whatsoever; or which consists of or contains software viruses ("Objectionable
Content"), please notify us immediately at info@group-buy-react.thermalcode.com. We will make all reasonable
endeavors to remove such Objectionable Content complained about within a
reasonable time, at our sole discretion.
- 11.Copyright Infringement
- If we are put on notice that your
use, action, comment or content violates the law or the rights of others,
or if we discover that your content or behaviour is unlawful,
inappropriate, or objectionable (for example if you impersonate someone
else or harass them), we may remove your content from our platform,
and/or delete, suspend your account from Website or App.
- Please
notify us if you believe any of your intellectual property rights have
been infringed on our Website or App. Please file your copyright
infringement claim with our Copyright Agent, at info@group-buy-react.thermalcode.com
for such complaints
and claims.
- You are
required to follow the below procedure to file a claim:
- Identify
in writing the copyrighted material that you claim has been infringed
upon;
- Identify
in writing the copyrighted material that has infringed upon your
copyright;
- Identify
in writing the copyrighted material that has infringed upon your
copyright;
- Provide
your current and up-to-date contact information, including your address,
telephone number, and e-mail address;
- Provide
your physical and/or electronic signature;
- Send us
a written communication to info@group-buy-react.thermalcode.com;
- You may
be subject to liability if you knowingly make any misrepresentations on
a take-down notice or claim.
- 12.Governing Law and Dispute
Resolution
- Governing Law: The Terms and any dispute
arising out of or relating to the same will be governed by applicable
laws of the United Arab Emirates.
- Dispute
Resolution: You
agree, as we do, to submit to the exclusive jurisdiction of the
appropriate courts situated at Sharjah, UAE.
- 13.Notices
- When you use the Website or send
emails to Group Buy, you are communicating with us electronically. You
consent to receive electronically any communications related to your use
of this Website. Group Buy will communicate with you by email or by posting
notices on this Website. You 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. We may give notice by means of a general notice via electronic
mail to your email address as available with us. If You want to give a
notice to us, you can do so by dropping an electronic mail to info@group-buy-react.thermalcode.com
- 14.Miscellaneous
- Severability: If any provision of these
Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to
the greatest extent possible under applicable law and the remaining
provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or
enforce strict performance of these Terms of Use shall not be construed
as a waiver by Us of any provision or any right that we have to enforce
these Terms and nor shall any course of conduct between Company and You
or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other
provisions of these Terms of Use, or any general legal principles to the
contrary, any provision of these Terms of Use that imposes or
contemplates continuing obligations on either party shall survive the
expiration or termination of these Terms of Use, for any reason
whatsoever.
- No
Third-Party Beneficiaries: Except as otherwise expressly provided in
these Terms of Use, there shall be no third-party beneficiaries to these
Terms of Use.
- No
Assignment: You
may not assign these Terms of Use (or any rights, benefits or obligations
hereunder) by operation of law or otherwise without the prior written
consent of Group Buy, which may be withheld at Group Buy’s sole
discretion. Any attempted assignment that does not comply with these
Terms of Use shall be null and void.
- Entire
Agreement: The
Terms, together with any additional terms and conditions incorporated
herein or referred to herein constitute the entire Agreement between Group
Buy and You, relating to the subject matter hereof, and supersedes any
prior understanding or agreements (whether oral or written) regarding the
subject matter, and may not be amended or modified except in writing or
by making such amendments or modifications available on our Website.
- Updates
to these Terms: We
may add to or change or update these Terms at any time, from time to
time, entirely at our own discretion, with or without any prior written
notice. You are responsible for checking these Terms periodically. Your
use of the Site after any amendments to the Terms shall constitute your
acceptance to such amendments.
- 15.Grievance Officer
- In the event you have any
grievance regarding anything related to these Terms or our Privacy Policy
statement, or with any content or service or product of Group Buy, in that
case you may freely write your concerns to the Grievance Officer to:-
- Contact:+9150086223
- Email: info@group-buy-react.thermalcode.com
- Timings:Between normal working hours on business working
days.
- 16.Feedback and Information
- We welcome your questions or
comments regarding the Terms. You can write to us via email: info@group-buy-react.thermalcode.com.
Last updated on July 25, 2021.