Last Updated on 10 December 2020
Please read these terms and conditions carefully.
Homes R Us Trading LLC, doing business as Homes r Us, and its affiliates and subsidiaries (collectively "Homes r Us", "homesrus.ae","we","us” or "our") owns and operates the Internet e-commerce website at www.homesrus.ae (or any successor site) and its related sub-domains, sites, online applications, services and tools ("Platform"). The Platform is provided as a service to you ("you", "your" or "users") and is intended to allow you and other users to browse and order products and other goods or services ("Products") offered for sale on the Platform.
In addition to our Terms, you may also find it helpful to visit the Help section of the Platform. Here you will find useful information on such things such as our cancellation, delivery, returns and refund policy, (as well as helpful information relevant to other questions you may have).
If you cannot find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.
- By accessing, browsing, using, registering with, or placing an order on the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree with the Terms in their entirety, please do not use this Platform.
- Homes r Us may amend these Terms at any time by posting an updated version. Homes r Us encourages you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms. The “Last Updated” legend above indicates when these Terms were last changed..
- Additional terms and conditions apply to purchases of Products and to specific portions or features of the Platform, including our Terms of Sale, all of which terms are made a part of these Terms. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to agree to such terms and conditions.
- Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
- To open an Account, you must be at least 21 years of age and are required to provide true, accurate, complete and current information (including Name, Date of Birth, Email Address, Credit Card details, and other details) as requested during the Account creation. If you are below 21 years of age, you may not register an Account and instead, you can consider asking a parent or guardian to register his or her own Account on the Platform.
- By registering yourself on the Platform, you warrant that the details you provide to Homes r Us are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Account" area of the Platform. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us at our own absolute discretion.
- You are responsible for maintaining the confidentiality of your Account username and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the username and password are kept confidential and secure. Please inform Homes r Us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. Homes r Us will never request your Account username or password through electronic messages.
- You will not be charged by Homes r Us for registering an Account or browsing the Platform. You will only be responsible for making payment for any purchases through the Platform (including any tax on the purchase price, if any).
- Homes r Us reserves the right to refuse access to the Platform, terminate Accounts, remove or edit content, or cancel orders at our discretion. If Homes r Us cancels an order, it will be without charge to you.
4. YOUR USE OF THE PLATFORM
- You may only use the Platform for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
- You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose (for example, you may not "scrape" the Platform through automated means or "frame" any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
- You may have the option of accessing the Platform through downloadable software and this software may update itself automatically on your device. Some software or portions of the software, in the Platform may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control, but only with respect to the software, or portion of the software, to which it applies.
- Except where otherwise specified on this Platform, the materials on this Platform are displayed solely for the purposes of promoting Products available in the UAE. However, Homes r Us may accept orders for delivery to locations outside of the UAE subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Platform from locations outside the UAE or place orders for delivery to locations outside the UAE are responsible for compliance with local laws, if and to the extent, local laws are applicable (and any related costs and/or expenses).
- You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the Platform or to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person's use of the Platform.
- We reserve the right to restrict or terminate your access to, or use of, the Platform or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
5. MATERIALS AVAILABLE ON WEBSITE
- We and our suppliers and/or licensors may make available various merchandise information, product descriptions, reviews, and other information, data, content, and materials on the website ("Materials"). The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Platform, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org/ 800 RHOME (800 74663)
6. USER CONDUCT AND USER GENERATED CONTENT
- You agree that you will not use, sell or supply any Product purchased from Homes r Us in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
- The Platform may at times provide opportunities for users to submit comments or questions or other information ("User-Generated Content") on it. You warrant that any such User Generated Content submitted by you to the Platform is original (and does not infringe the copyright of others), and you hereby grant Homes r Us a perpetual, irrevocable, non-exclusive, royalty-free licence to use such User Generated Content so submitted for any purpose without restriction. You waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Homes r Us has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User-Generated Content posted by you or any third party.
7. CHANGE OF WEBSITE AND CESSATION OF OPERATIONS
- We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.
- The Platform may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Homes r Us does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies of all third-party websites you visit to understand their procedures.
- If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Homes r Us does not endorse and is not responsible for the use of, or the content of, any third party websites. Homes r Us is not responsible for anything that may happen when you use them.
- Neither you nor any third party acting on your behalf may link to any page of this Platform.
- You or third parties acting on your behalf may not (i) use our or our licensors proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Platform, without our prior written consent.
8. INTELLECTUAL PROPERTY
- Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
- We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.
9. DISCLAIMER OF WARRANTY
- The Platform is provided on an “as is” and “as available” basis. Homes r Us, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights.
10. LIMITATION OF LIABILITY
- To the maximum extent permissible by applicable law, Homes r Us, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
- are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Homes r Us is advised of the possibility of such damages; and
- exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.
- Where it is not possible to exclude liability under applicable law, you agree that the Homes r Us’ maximum liability for any corresponding claim shall be limited to an amount of AED 100.
- You agree to hold harmless and indemnify Homes r Us, its parents, subsidiaries, affiliates, and their respective suppliers (including, without limitation, Authorised Suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.
12. ENTIRE UNDERSTANDING
- These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) sets out the entire understanding and agreement between you and Homes r Us with respect to the use of the Platform.
- If we believe that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Homes r Us or any third party, we may terminate or suspend your access to all or part of the Platform, without Court order and without prior notice. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations, which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.
14. ELECTRONIC COMMUNICATIONS
- To fulfil our obligations to you under these Terms, we may wish to communicate with you by email. Other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications, which need to be in writing.
15. GENERAL TERMS
- Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
- No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
- Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
16. GOVERNING LAW, JURISDICTION AND LANGAUGE
- The Terms shall be governed by the laws of the Dubai International Financial Center (“DIFC”). Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. All contracts for the purchase and sale of Products from the Platform shall be concluded in the language of these Terms.
- These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
- Homes R Us Trading LLC, Commercial License No. 638170 and having its principal place of business at Al Fazer Complex, Dubai, UAE. You can contact us regarding the Platform, or these Terms, on email@example.com and telephone number 800 RHOME (800 74663).
19. TERMS APPLICABLE TO SPECIAL HOMES R US SERVICES
iOS Homes r Us App
- In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Homes r Us App compatible with the iOS operating system of Apple Inc. (“Apple”).
- Apple is not a party to these Terms and does not own and is not responsible for any Homes r Us App. Apple is not providing any warranty for the iOS Homes r Us App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS Homes r Us App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Homes r Us App, including any third-party product liability claims, claims that the iOS Homes r Us App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS Homes r Us App, including those pertaining to intellectual property rights, must be directed to Homes r Us.
- The right you have been granted in these Terms is limited to a non-transferable licence to use the Homes r Us App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Homes r Us App, such as your wireless data service agreement.
Android Homes r Us App
- Homes r Us, and not Google Inc. (“Google”), is solely responsible for the Android Homes r Us App. Google has no obligation to provide maintenance and support for the Android Homes r Us App.
- Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by your or any third party for allegations relating to the Android Homes r Us App, or your possession and/or use of the Android Homes r Us App, including but not limited to: (a) product liability; (b) any failure of the Android Homes r Us App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
- You as a user of the Android Homes r Us App represent and warrant that: (a) the Android Homes r Us App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.
- To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Android Homes r Us App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Android Homes r Us App to conform to any warranty. Google shall not be required to provide a refund to you under any circumstances.