Introduction
This agreement is a binding contract between the user (the visitor or subscriber to the services) and Uhouzez Company (registered under the laws of the State of Kuwait) governing the use of the Uhouzez electronic real estate platform. This agreement is subject to the laws applicable in the State of Kuwait. Please read it carefully before use.
Compliance with Local Laws
- The user agrees to comply with the Kuwaiti Real Estate Law (Law No. 5 of 2016), the Personal Data Protection Law (Decision No. 71 of 2019), and all related regulations.
- Publishing any real estate advertisements without verifying property ownership and compliance with licenses required by the Ministry of Housing or competent authorities is prohibited.
Registration and Use
- Registration requires a personal account with accurate and up-to-date information, and the user must acknowledge being over 21 years old or legally authorized.
- The account must not be used for illegal purposes, including fraud or price manipulation.
- Uhouzez reserves the right to suspend or cancel any account violating the terms without compensation.
Content
- The user is responsible for all published content (images, descriptions, videos), which must be free of materials violating morals or laws.
- Uhouzez has the right to delete or modify any content deemed non-compliant with legal standards or internal policies without prior notice.
- Content must undergo verification by Uhouzez before publication to ensure accuracy and legal compliance.
- Publishing misleading ads about prices, sizes, or property conditions is prohibited, and violators will face legal liability.
- Using content to promote non-real estate products or services without prior approval from Uhouzez is forbidden.
- Users are responsible for any reviews or comments posted, which must be genuine, non-offensive, and comply with the Cybercrime Law (Law No. 63 of 2015).
- Publishing content containing inciting language, racism, sensitive religious topics, or materials contradicting Kuwaiti cultural values is prohibited.
- Uploaded images must be free of unrealistic or misleading edits, and original photos reflecting the property’s condition must be provided.
- Uhouzez has the right to retain copies of published content for legal auditing purposes while maintaining data confidentiality in accordance with the law.
Data Protection
- User data (name, address, phone number, email) is collected per the Personal Data Protection Law (Decision No. 71 of 2019) and securely stored using approved encryption technologies.
- Data may be shared with official authorities upon legal request or with trusted partners for service delivery while maintaining confidentiality per internal policies.
- Users have the right to access, modify, or delete their data by contacting support within 30 days of the request.
- In case of data breaches, Uhouzez commits to notifying affected users and the Kuwaiti Data Protection Authority within 72 hours of discovery.
- Personal data is retained no longer than five years from the last interaction or as legally required, then securely deleted.
- Exporting user data outside Kuwait without prior approval from regulatory bodies is prohibited.
- Users must report any potential data confidentiality violations via the platform within 48 hours of discovery.
- Additional security measures such as two-factor authentication are applied for sensitive account access, and users must protect their passwords.
Legal Liability
- Uhouzez provides services “as is” without explicit or implied warranties and is not responsible for indirect damages arising from use, including financial losses or delays in transactions.
- Users bear full legal responsibility for any contracts or transactions conducted through the platform, complying with registration requirements under Kuwaiti Real Estate Law.
- Uhouzez’s liability is limited to the fees paid by the user in the year preceding the damage, in cases where direct fault by the platform is proven.
- If the user breaches the contract (e.g., providing misleading information), they must compensate Uhouzez for any losses or legal costs, including fees.
- Uhouzez is not liable for technical errors caused by external systems (e.g., internet providers) or user misuse of the platform.
- Uhouzez is exempt from liability in the event of cyberattacks or breaches exceeding adopted security measures, provided authorities are immediately notified.
- Users are responsible for any legal violations resulting from their use of the platform, including fines or compensations imposed by official authorities.
Real Estate Services
- Uhouzez provides a platform for listing properties and facilitating communication between buyers and sellers but is not a party to contracts.
- Users must verify the accuracy of real estate information (documents, ownership, licenses) before concluding any deal.
Payments and Fees
- Fees may apply for certain services including premium ad promotion, 3D virtual tours, and market analytics, payable through approved channels (e.g., bank transfer or credit cards authorized in Kuwait).
- Fees are determined based on the service type, with a fee schedule available on the paid services page and subject to periodic updates with prior notice.
- Fees must be paid in advance to activate paid services; fees are non-refundable if the user cancels except in cases of technical error proven by Uhouzez.
- A refund policy allows requesting refunds within 7 days of payment if the service was not provided, subject to a maximum 10% administrative fee deduction.
- Monthly or yearly subscription options are available for paid services, with users obligated to pay periodically per the schedule; cancellation requires 15 days’ written notice.
- Uhouzez may offer promotions or discounts on paid services; such offers are subject to terms and are non-transferable and non-refundable.
- All transactions comply with Kuwaiti tax laws; users must provide official invoices upon request, and Uhouzez issues electronic invoices for all payments.
- Uhouzez is not responsible for payment errors due to incorrect user information or delays caused by external payment systems.
Intellectual Property Rights
- Uhouzez retains intellectual property rights over all designs, logos, texts, software, and platform content under the Intellectual Property Protection Law (Law No. 64 of 2015).
- Copying, distributing, modifying, or reusing any content or trademark of Uhouzez without prior written consent is prohibited.
- Uhouzez holds trademark rights to “Uhouzez” and all associated logos, which must not be used commercially or misleadingly without permission.
- Users may use licensed content from Uhouzez (e.g., templates or images) only within the scope of provided services, citing the source.
- In case of intellectual property infringement, users must immediately report to Uhouzez via email with evidence; Uhouzez reserves the right to take appropriate legal actions.
- Users retain intellectual property rights for content they publish (e.g., property images) but grant Uhouzez a non-exclusive license to use it within the platform for display and promotion.
- Automated content extraction techniques (e.g., bots) to harvest content or trademarks from the platform without prior approval are prohibited.
Termination of Service
- Uhouzez may immediately terminate user services upon violation of terms or laws.
- Users may terminate their accounts with prior written notice, ensuring settlement of all financial obligations.
Amicable Resolution and Arbitration
- Disputes should preferably be resolved amicably within 30 days of notice.
- If unsuccessful, disputes are subject to arbitration in Kuwait according to the Arbitration Law (Law No. 11 of 1995), selecting neutral arbitrators.
- Civil courts in the Capital Governorate of Kuwait have primary jurisdiction if arbitration is rejected.
Modifications and Notices
- Uhouzez reserves the right to modify these terms with notification to users via the platform or email at least 15 days in advance.
- Continued use of the site after modification constitutes implicit acceptance of the new terms.
Force Majeure
- Uhouzez is not liable for delays or failures to provide services due to force majeure events (e.g., wars, natural disasters, or internet outages).
- Any force majeure event is promptly communicated to users.