(“Owner2Buyer”) is pleased to provide you with its website Owners 2 Buyers including any services, content and software (“Services”), subject to the following Terms of Service and any documents referred to herein (“Terms”).
1.1. By accessing, downloading, installing, or using the Website, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at [http://Owner2Buyer.com/] on a regular basis to keep yourself informed of any changes.
1.3. By using the Website, You agree that the mere posting of new or revised Terms on or within the Website shall constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Website after any such changes or after explicitly accepting the new Terms upon logging into the Website shall constitute your acceptance of such changes.
1.4. The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.
2.1. In order to use the Website and be able to contact other users who have either listed their property for sale or rent, or seeking property to buy or lease , You will have to pay an amount of money as provided on the Website (“Membership Fee”). To pay the Membership Fee You will need to use a payment portal of a third party online payment service provider, which is neither owned nor operated by Us (“Payment Portal”). The Payment Portal is governed by a legal agreement between You and the owner and operator of the Payment Portal, to which We are not a party and have no connection whatsoever therewith (“Payment Portal Terms”).
2.2. You may not be able to properly use the Services provided by the Website if you do not comply with the Payment Portal Terms. As far as we are concerned, these Terms shall prevail in case of contradiction with the Payment Portal Terms.
We are concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents/guardians who wish to allow their children access to the Website must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the Website. By allowing Your child access to the Website, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the Website, which may now or in the future include public and private communication tools, as well as other features that may not be appropriate for use by unsupervised children. Please remember that the Website is designed to appeal to a broad audience. Accordingly, as legal guardian, it is your responsibility to determine whether any of the Website and/or information, data, text, software, photographs, graphics, videos, messages, feeds offered through the Website and any other material on the Website (“Content”) are appropriate for your child. You remain responsible and liable for all acts of your child.
The Website include Content: (i) provided by Owner2Buyer (“Owner2Buyer Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the Website (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third-Party Content”).
4.1 All Owner2Buyer Content owned by, or licensed to, Owner2Buyer. Owner2Buyer Content is provided to You “AS IS” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the Website. For that sole and exclusive purpose, Owner2Buyer grants you a limited, revocable, non-exclusive license to access and use the Website privately for non-commercial purposes, in accordance with these Terms.
4.2 The Website provides, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that We only act as a platform for such User Submissions and that we are not liable for such content posted on the Website, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do we undertake any obligation, to control User Submissions. By their very nature, User Submissions on the Website are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. We do not make any representation or warranty, express or implied, as to User Submissions.
4.3 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.
4.4 You grant Owner2Buyer an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the Website or Owner2Buyer’s (and its successor’s) business, including, and without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each User of the Website a non-exclusive license to access and use Your User Submissions through the Website.
4.5 You hereby acknowledge and agree that We have no obligation to post any User Submission from You or anyone else. In addition, We may, at our sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the Website without notice if, in our opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, We reserve the right to determine the final design, layout and functionality of the Website, which may involve the review, formatting and editing of User Submissions.
4.6 Your dealings with, or participation in promotions of, any advertisers and merchants found on or through the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertisers or merchants. You hereby agree that: (i) Owner2Buyer shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Website; and that (ii) any orders placed by You on, and any product specifications and product availability appearing on, the Website (including, and without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
4.7 Third parties may provide, and the Website may contain, APIs, links or feeds from or to other websites or resources. Because We have no control over such sites and resources, You hereby acknowledge and agree that We are not responsible for the availability of such external sites or resources, do not endorse, and are not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that Owner2Buyer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, services or any other material available on or through any such APIs, links or feeds from or to other websites or resources.
4.8 In the event that You wish to establish a link to the Website, You expressly agree: (i) not to include the Website or Owner2Buyer in the frame of another website; (ii) not to create any third-party association with the Website or Owner2Buyer; (iii) to properly attribute the Website referred to in Your link to Owner2Buyer; and (iv) to ensure that the link does not state or imply that Owner2Buyer approves of, sponsors or endorses any other website activity, company, resource or entity, or present Owner2Buyer and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage Owner2Buyer’s reputation or take advantage of it. Irrespective of the promise made by You to Owner2Buyer under this item regarding the misappropriation of and/or any potential confusion in respect of Third-Party Content, the link to the Website does not permit You to use any Owner2Buyer and/or Third-Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder. Owner2Buyer reserves the right to require You at any time to remove any link to the Website.
5.1 Owner2Buyer, the Owner2Buyer logo and product and service granted by Owner2Buyer are trademarks and copyright material of Owner2Buyer (the “Owner2Buyer Marks”). Aside from the right granted to You under section, You agree not to display or use the Owner2Buyer Marks in any other manner without Owner2Buyer’s prior written consent.
5.2 Certain content on the Website is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant rights holder. Owner2Buyer shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the rights holder concerned for additional information.
Owner2Buyer respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the Website, please provide Owner2Buyer with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via email to the following email address: [info@ Owners2Buyers.com].
Owner2Buyer reserves the right at any time to modify or discontinue, temporarily or permanently, Website, the Services, Owner2Buyer Content, the User Submissions, and/or the Third-Party Content (or any part thereof) with or without notice. You hereby agree that Owner2Buyer shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Website, Services, Owner2Buyer Content, User Submissions, and/or Third-Party Content. Although Owner2Buyer will take reasonable care in ensuring that the Website, Services, and Owner2Buyer Content are up to date, they may be out of date at any given time, and Owner2Buyer is under no obligation to update them.
By using the Website, Services, and Owner2Buyer Content, You, or any person you allow to access and use Your account, may provide Owner2Buyer with certain personal data, including the Registration Data and other information about You. By accessing or using the Website, or submitting Your personal information to the Website, You agree to Owner2Buyer’s use of such data in accordance with the Owner2Buyer’s Privacy Policy set out at Privacy Policy .
Owner2Buyer may, at its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, the Payment Portal Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the Website, in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions. Please also note that, in such an event, your access to Third-Party Content might also be terminated.
10.1 IF YOU ACCESS AND USE OUR WEBSITE, YOU DO SO AT YOUR SOLE RISK.
WEBSITE, SERVICES, AND CAF CONTENT IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. Owner2Buyer EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.2 Owner2Buyer MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE WEBSITE,
SERVICES AND Owner2Buyer CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE,
SERVICES AND Owner2Buyer CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR O2B CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES OR THE Owner2Buyer CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
10.3 DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE WEBSITE, SERVICES OR Owner2Buyer CONTENT SHALL BE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
10.4 COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE, SERVICES, AND Owner2Buyer CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Owner2Buyer, OR THROUGH OR FROM THE WEBSITE, SERVICES OR Owner2Buyer CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND Owner2Buyer DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY
RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR Owner2Buyer CONTENT.
10.5 YOU UNDERSTAND AND AGREE THAT THE PAYMENT OF THE MEMBERSHIP FEES IS DONE THROUGH THE PAYMENT PORTAL, WHICH IS NOT, IN ANY WAY, A PARTNER, AFFILIATE OR IN ANY WAY RELATED TO Owner2Buyer OR ITS OWNERS OR OPERATORS. THEREFORE, YOU IRREVOCABLY AGREE THAT YOU ARE USING THE PAYMENT PORTAL AT YOUR OWN RISK AND DISCRETION Owner2Buyer SHALL NOT BE LIABLE FOR ANY LOSSES OR EXPENSES (OF ANY KIND) FROM YOUR USE OF THE PAYMENT PORTAL, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF MONEIES OR PIRACY LEADING TO THE THEFT OF ANY FINANCIAL OR OTHER ASSETS OWNED BY YOU OR ANY OTHER USER OF THE WEBSITE.
10.6 BY ACCEPTING THESE TERMS YOU HEREBY CONFIRM AND WARRANT THAT YOU ARE EITHER A PROPERTY OWNER SEEKING TO SELL OR RENT YOUR PROPERTY,
OR A PERSON SEEKING TO LEASE OR SELL PROPERTY. THEREFORE, YOU HEREBY
EXPLICITLY CONFIRM THAT YOU ARE NOT A REAL ESTATE BROKER AND THAT YOU WILL REFRAIN FROM ASKING ANY USERS FOR COMMISSION, FEES OR ANY OTHER MONETARY AMOUNTS WHATSOEVER IN RELATION TO THE PROPERTY ADVERTISED ON THE WEBSITE. YOU FURTHER CONFIRM AND AGREE TO YOUR ABSOLUTE UNLIMITED LIABILITY FOR ANY LOSSES, EXPENSES OR DAMAGES INCURRED BY Owner2Buyer AS A RESULT OF YOUR VIOLATION TO THIS REPRESENTATION, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, INDIRECT DAMAGES, REPUTATIONAL DAMAGES AND LOSS OF BUSINESS.
You hereby agree to indemnify and hold Owner2Buyer and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the Website, Services or Owner2Buyer Content, including, and without limitation, any content, or User Submission, as well as Your connection to the Website, Services or Owner2Buyer Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the Website, Services or Owner2Buyer Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.
12.1 You expressly acknowledge and agree that Owner2Buyer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Owner2Buyer has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Website, Services or Owner2Buyer Content; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the Website; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the Website, Services or Owner2Buyer Content; (v) the impact of the Website, Services or Owner2Buyer Content and any of the Website, Services or Owner2Buyer Content linked to them and any materials posted on them; or (vi) any other matter relating to the Website, Services or Owner2Buyer Content.
12.2 You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Website, Services or Owner2Buyer Content, must be filed within one (1) year of such claim or cause of action.
You will occasionally receive notices, which will be sent to You either via email or post to the relevant email address or postal address, respectively, which You provided to Owner2Buyer. If We amend these Terms in any way, We shall upload an updated version to this page of the Website. The Website may also provide notices of changes to these Terms or other matters by displaying general notices or links to notices on the Website.
14.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and Owner2Buyer in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and Owner2Buyer, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third-Party Content or third-party software.
14.2 Any failure by Owner2Buyer to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
14.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. Owner2Buyer may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
14.5 The Terms and the relationship between you and Owner2Buyer shall be governed by the substantive laws of Egypt. All disputes in connection with these Terms and/or the termination thereof are to be resolved via arbitration, under the auspices of the Cairo Regional Centre for International Commercial Arbitration, through a panel of three arbitrators, the Seat should be Cairo, Egypt and the language of Arbitration should be English and documents in Arabic may be presented in their original language without translation.
14.6 These Terms have been drafted in English and may be translated in other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the Website, the provisions of these Terms shall prevail.
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