Terms and Conditions

1. Ownership and Scope

This website is the property of, managed by, and operated under the auspices of Baypoint Real Estate LLC, together with all related corporate entities, including but not limited to parent companies, subsidiaries, affiliates, group companies, partners, and agents (hereinafter collectively referred to as “the Company,” “we,” “us,” or “BPG”). These Terms of Use, along with any documents explicitly incorporated herein by reference (collectively, the “Terms of Use”), exclusively govern your access to and utilization of www.Baypointdubai.com and any other websites or mobile applications associated with BPG (“Websites”), encompassing all content, features, and services available on or through the Websites, whether accessed as a guest or a registered user.

2. Acceptance of Terms

Prior to accessing or utilizing the Website, you are required to meticulously review these Terms of Use. By engaging with the Website, either through direct use or by affirmatively accepting or agreeing to these Terms when such an option is presented, you thereby acknowledge, accept, and agree to comply with, and be legally bound by, these Terms of Use and our Privacy Policy, which is also accessible on the Website. Refusal to accept these Terms of Use or the Privacy Policy mandates that you abstain from accessing or using the Website.

3. General Information

• Purpose and Use: The Website is provided for informational purposes exclusively; it does not intend to offer specific advice concerning commercial, financial, investment, accounting, tax, or legal matters. Usage of the Website is strictly for your personal, non-commercial purposes. You are permitted to display, download, archive, or print a single copy of any information available on the Website for personal use, provided such actions are in accordance with these Terms.
• Content Subject to Change: The content on the Website is subject to alteration without prior notification.
• Disclaimer of Warranty: Neither we nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information or materials found on the Website for any specific purpose. You acknowledge that such materials may contain inaccuracies or errors, and BPG disclaims all liability for these to the fullest extent permissible by law.
• User Risk: Your utilization of any information or materials on the Website is at your sole risk. BPG shall bear no liability for any direct, indirect, or consequential damages resulting from your use or reliance on such information or materials. It is your responsibility to verify that any products, services, or information accessed through the Website meet your specific requirements.
• Intellectual Property: All material on the Website, including but not limited to design, layout, appearance, and graphics, is either owned by or licensed to us. Reproduction of such material is strictly prohibited unless explicitly permitted in writing by BPG, thereby forming part of these Terms.
• Unauthorized Use: Unauthorized utilization of the Website or any of its licensed materials or trademarks may result in legal action for damages against the infringing party, potentially leading to significant legal repercussions.
• External Linkages: The Website may contain links to other websites for your convenience. Such links do not imply endorsement by BPG, nor do we assume any responsibility or liability for the content of linked sites.
• Linking to Our Website: Establishing a hyperlink to the Website from another website or document requires prior written consent from BPG.
• Service Provided “As-Is”: All aspects of the Website and any information therein are provided on an “as is” basis without any warranties, express or implied, including but not limited to warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement.
• Modification Rights: BPG reserves the exclusive right, at its sole discretion, to modify, suspend, or discontinue, either temporarily or permanently, any part or all of the Website or its content, without any liability or notification to you.
• Liability Exclusion: As a user of the Website, you agree that any reliance on or use of the Website’s content is entirely at your own risk. BPG and its data providers shall not be liable for any damages, whether direct, indirect, consequential, or exemplary, arising from the use or performance of the Website, even if we have been informed of the potential for such damages.
• Indemnification: You agree to indemnify, defend, and hold harmless BPG and its affiliates, business partners, officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising from or in connection with your use of the Website or breach of these Terms of Use. BPG reserves the right to manage the exclusive defense of any such claims, which does not relieve you of your indemnification responsibilities.
  
  

2. Submissions of User Content

You hereby acknowledge and undertake the following:

• Eligibility: You affirm that you are at least 18 years of age or older and satisfy any additional eligibility criteria stipulated in these Terms of Use.
• Responsibility for Content: You are solely responsible for any information, materials (including but not limited to profiles, messages, text, images, videos, etc.), and other content (“User Content”) you submit, post, or otherwise make available on or through the Website or any other means (“Submission”). This includes User Content shared on third-party platforms, such as social media, associated with BPG-related hashtags. You warrant that your Submission does not infringe upon, misappropriate, or otherwise violate any third-party rights, including but not limited to copyrights, trademarks, rights of publicity/privacy, patents, trade secrets, or confidentiality obligations.
• Non-Proprietary Treatment: All Submissions are to be treated as non-proprietary. You irrevocably waive any rights you might have in such Submissions under any applicable law or legal theory.
• Third-Party Content: Statements, opinions, or other materials provided by third parties on the Website are the sole responsibility of those third parties and do not reflect the views of BPG. BPG explicitly disclaims endorsement of such content and assumes no responsibility for monitoring, screening, or verifying this content for compliance with legal standards, including copyright laws.
• Compliance: You represent and warrant that your Submissions adhere to all applicable laws, regulations, and any third-party agreements to which you are bound.
• Rights Ownership: You affirm that you own or control all necessary rights to your Submission, including rights to use any third-party elements within such Submission, and have obtained all required permissions from those third parties to grant the licenses set forth in these Terms.
• Discretionary Use: BPG retains the exclusive right to edit, select, or reject any Submission for use on the Website or for other purposes at its sole discretion. User Content may be utilized across BPG’s platforms and marketing materials, including but not limited to emails, social media, and in-store signage. BPG has no obligation to utilize any Submission but may choose to do so at its discretion.
• License Grant: You grant, and hereby represent and warrant that you have the authority to grant, BPG, along with its directors, employees, attorneys, successors, vendors, agents, officers, assigns, affiliates, licensees, and licensors, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform, and display your Submission, including your name, social media identifiers, profile picture, image, likeness, comments, posts, statements, or other information in any manner, across all current and future distribution channels, forms, media, or technology, either alone or as part of other works, without further notice or compensation to you.
• Confidentiality Waiver: All Submissions are considered non-confidential. BPG may use your Submission, including any ideas, concepts, or know-how contained therein, for any purpose it sees fit, including but not limited to developing, distributing, marketing products, or making such information available to the public without restriction or obligation to return or compensate for such use.
  
  

3. Accessing the Website and Account Security

3.1 Right to Modify or Withdraw Services

The Company reserves the right, at its sole discretion and without prior notice, to amend, withdraw, or otherwise modify the Website, including any services or materials provided therein. The Company shall not be held liable for any unavailability or partial availability of the Website at any time or for any duration. The Company may, at its discretion, restrict access to certain parts or the entirety of the Website to any user, including those who are registered.

3.2 User Responsibility for Access

You are responsible for all arrangements necessary to access the Website and must ensure that anyone accessing the Website through your internet connection is aware of and complies with these Terms of Use.

3.3 Registration and Personal Information

Certain features of the Website, including but not limited to payment functionalities using credit cards or other electronic payment methods, might require you to register by providing specific details or other necessary information. It is a condition of your use of the Website that all information you provide, including but not limited to credit card details, is accurate, current, and complete. By registering or engaging with any interactive features on the Website, you consent to the handling of your information in accordance with our Privacy Policy and agree to the terms of that policy regarding the management of your personal data.

4. Intellectual Property Rights

4.1 Ownership of Content

All content on the Website, including but not limited to text, software, displays, images, videos, audio, and the design, selection, and arrangement thereof, is owned by the Company, its licensors, or other providers of such material. This content is protected under the intellectual property laws of the United Arab Emirates and international jurisdictions, including copyright, trademark, patent, trade secret, and other proprietary rights.

4.2 User’s Limited License

• License Grant: You are granted a limited, non-exclusive, non-transferable, revocable license to use the Website strictly for personal, non-commercial purposes.
• Prohibited Uses: You are explicitly prohibited from:
  • Reproducing, distributing, modifying, creating derivative works from, publicly displaying or performing, republishing, downloading, storing, or transmitting any material from this Website, with the following exceptions:
    • Temporary storage of copies of materials in RAM incidental to accessing and viewing those materials.
    • Storing files that are automatically cached by your Web browser for display enhancement.
    • Printing or downloading one copy of a reasonable number of pages of the Website for your personal, non-commercial use, without further reproduction, publication, or distribution.
  • Downloading a single copy of any applications provided by us to your computer or mobile device for personal, non-commercial use, subject to adherence to our end user license agreement for such applications.
  • Engaging with social media features as enabled by us.
• Further Restrictions: You must not:
  • Modify any copies of materials from the Website.
  • Republish any part of the Website on any other platform or medium without prior written consent, or for commercial gain.
  • Use any images, illustrations, photographs, video, audio, or graphics independently from their accompanying text.
  • Remove or alter any copyright, trademark, or other proprietary notices from materials from this Website.

4.3 Reservation of Rights

No rights, title, or interest in or to the Website or its content are transferred to you. All rights not explicitly granted herein are reserved by the Company. Any use of the Website that is not expressly permitted by these Terms of Use constitutes a breach of these Terms and may infringe upon copyright, trademark, and other applicable laws.

5. Trademarks

All names, brand names, logos, and associated trademarks, including but not limited to product and service names, designs, and slogans linked to the Company, its affiliates, or licensors, are proprietary to the Company or its affiliates or licensors. Any unauthorized use of these trademarks is strictly prohibited and requires explicit prior written consent from the Company. All other trademarks appearing on the Website, including but not limited to names, logos, product and service names, designs, and slogans, are the intellectual property of their respective owners.

6. Prohibited Uses

6.1 Lawful Use of the Website

Your use of the Website must strictly adhere to lawful purposes and comply with these Terms of Use. You agree not to engage in the following activities:

• Violation of Law: Use the Website in any manner that contravenes any applicable federal, local, or international laws or regulations, including but not limited to the misuse of credit cards or other forms of electronic payment.
• Unsolicited Communications: Transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar unsolicited communications.
• Impersonation: Impersonate or attempt to impersonate the Company, any of its employees, another user, or any other person or entity, including through the use of associated email addresses or screen names.
• Disruptive Conduct: Engage in any conduct that could restrict or inhibit other users’ enjoyment of the Website or cause harm to the Company, its users, or expose them to legal liability, as determined by the Company in its sole discretion.

6.2 Further Prohibitions

In addition to the above, you agree not to:

• Automated Access: Employ any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Website’s content.
• Manual Monitoring: Use any manual process to monitor or copy the Website’s material or for any unauthorized purpose without prior written consent from the Company.
• Interference: Deploy any device, software, or routine that could interfere with the proper functioning of the Website.
• Malicious Software: Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.
• Unauthorized Access: Attempt to gain unauthorized access to, or interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Denial-of-Service Attacks: Launch or participate in a denial-of-service attack or a distributed denial-of-service attack against the Website.
• General Interference: Engage in any other actions intended to disrupt or compromise the Website’s operation.

Website Updates

The Company reserves the right to periodically update the content on the Website. However, we do not assure, warrant, or guarantee the completeness, accuracy, or currency of the information provided. The material on the Website may become outdated, and we shall not be under any obligation to revise or update such content.

8. Information About You and Your Use of the Website

All information collected via the Website is subject to our Privacy Policy. By accessing and utilizing the Website, you explicitly acknowledge and consent to the collection, use, and management of your personal information in accordance with the stipulations set forth in our Privacy Policy.

9. Geographic Restrictions

The Website is operated from the United Arab Emirates by its owner. We make no representations or warranties regarding the Website’s suitability or accessibility for use outside the United Arab Emirates. Access to the Website might be restricted or entirely prohibited in certain jurisdictions. Should you decide to access the Website from outside the United Arab Emirates, you do so at your own risk, and you are solely responsible for ensuring compliance with all local laws and regulations that may apply.

10. Disclaimer of Warranties

10.1 Virus and Security Disclaimer

You acknowledge that the Company cannot and does not guarantee that the Website will be devoid of viruses or other harmful code. You are responsible for establishing appropriate security measures and procedures to satisfy your own needs for anti-virus protection, data integrity, and accuracy. You should also maintain independent backups to recover any lost data.

10.2 Liability Exclusion

The Company shall not be held liable for any loss or damage resulting from distributed denial-of-service attacks, viruses, or other technologically harmful elements that might affect your computer equipment, software, data, or other proprietary material due to your use of the Website, services, or items obtained through it, or any materials downloaded from the Website or related linked sites.

10.3 Use at Your Own Risk

Your engagement with the Website, its content, and any services or items acquired through the Website is undertaken at your own risk. The Website, its content, and all associated services or items are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. Neither the Company nor its affiliates, employees, or agents make any representations or warranties concerning the Website’s completeness, security, reliability, quality, accuracy, or availability. Specifically, the Company does not guarantee that:

• The Website, its content, or services will be accurate, reliable, error-free, or uninterrupted.
• Defects will be corrected.
• The Website or the servers hosting it are free from viruses or other harmful components.
• The Website will meet your specific needs or expectations.

10.4 General Warranty Disclaimer

The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranty of non-infringement. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

11. Limitation on Liability

To the maximum extent permissible under applicable law, the Company, along with its affiliates, licensors, service providers, employees, agents, officers, or directors, shall not be liable for any damages, whether under contract, tort (including negligence), or any other legal theory, stemming from your use of, or inability to use, the Website, any linked websites, or any content, services, or items obtained through such sites. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages. Specifically, we disclaim liability for damages related to personal injury, emotional distress, financial losses such as lost revenue, profits, business, or anticipated savings, loss of use, goodwill, or data, even if such damages were reasonably foreseeable. This limitation of liability shall not apply to the extent it is forbidden by law.

12. Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or in connection with:

• Your breach of these Terms of Use;
• Your use of the Website;
• Any unauthorized use of the Website’s content, services, or products;
• Your use of any information obtained from the Website.

This indemnity obligation persists even after your cessation of use of the Website and the termination of these Terms of Use.

13. Changes to the Terms of Use

13.1 Right to Amend

The Company retains the exclusive right to revise or update these Terms of Use at any time without prior notice. Any such changes will take effect immediately upon their publication on the Website and will apply to all subsequent access and use of the Website.

13.2 Acceptance of Changes

Continued use of the Website following the posting of any amended Terms of Use constitutes your acceptance of and agreement to the updated terms. It is your obligation to regularly check this page for updates, as any changes will be legally binding upon you.

14. Governing Law and Jurisdiction

14.1 Governing Law

All matters pertaining to the Website and these Terms of Use, including any disputes or claims (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of the Emirate of Dubai, United Arab Emirates.

14.2 Jurisdiction

Any legal action, suit, or proceeding arising in relation to these Terms of Use or the Website shall be brought exclusively in the courts of Dubai, United Arab Emirates. Notwithstanding this, the Company reserves the right to bring proceedings against you for any breach of these Terms in your country of residence or any other relevant jurisdiction. By using the Website, you consent to the jurisdiction of the courts in Dubai, UAE, and waive any objection to such jurisdiction or venue.

Trademark law specifics

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15. Limitation on Time to File Claims

Any legal claim or cause of action arising from or related to these Terms of Use or the Website must be commenced within one (1) year after the date on which the claim or cause of action first arises. If legal action is not initiated within this time frame, the claim will be forever barred.

15. Waiver and Severability

15.1 Waiver Limitation

No waiver by the Company of any provision or condition in these Terms of Use shall be considered a continuing or further waiver of that or any other provision or condition. Any failure by the Company to exercise or enforce any right or provision herein shall not be interpreted as a waiver of such right or provision.

15.2 Severability

Should any provision of these Terms of Use be deemed invalid, illegal, or unenforceable by a court or other legal authority of competent jurisdiction, that provision shall be severed or modified to the least extent necessary so that the remaining provisions continue in full force and effect.

16. Entire Agreement

These Terms of Use, together with the Privacy Policy, represent the entire and exclusive agreement between you and the Company regarding the Website, superseding all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, related to the subject matter herein.

18. Contact and Feedback

The Website is managed and operated by the Company. For any technical assistance or other inquiries about the Website, including feedback or suggestions, please utilize the contact form provided on the Website or send an email to info@baypointdubai.com (mailto:info@baypointdubai.com).

By updating, modifying, or altering your personal information, addresses, or contact details through the Website, you acknowledge and consent to the Company or its affiliates using this updated information for sending legal notices as necessitated by these Terms of Use. It is your responsibility to promptly inform the Company of any changes to your information.