1. Service Description
TheHandover.com provides an online marketplace platform that facilitates the buying, selling, and investing in real estate projects globally. Developers may submit project proposals to our platform, subject to evaluation and approval by our trust and safety team, including in-house and third-party expert assessments. Only proposals meeting our standards will be listed for investor consideration.
2. User Registration, Accounts, and Due Diligence
I. Account Registration: To engage with the marketplace features, users must register and create an account, providing accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. II. Proposal Submission and Listing: No proposal shall be listed on our platform without a developer's completion of an approved account profile. Enhanced due diligence checks are performed for both investors and developers to ensure the integrity and transparency of the marketplace.
3. Payment Terms and Conditions
I. Upfront Payments: Investors are required to make payments upfront, which are then disbursed to developers based on the achievement of specific project milestones. These milestones and their verification shall be conducted through onsite inspections, supplemented by photo and drone footage. II. Refunds, Cancellations, and Payments: Terms governing refunds, cancellations, and payments will be outlined in specific agreements between the involved parties. The Company ensures transparency and facilitates adherence to these terms. III. Additional Services: Post-transaction, the Company may offer additional paid services, such as project promotion and market insights, to enhance project management and investment decision-making.
4. Legal Compliance and Governing Law
You agree to comply with all applicable laws, statutes, ordinances, and regulations of the United Arab Emirates regarding your use of the Site and the Content and Materials provided therein. This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates, without giving effect to any principles of conflicts of law. TheHandover.com and you irrevocably consent that the courts of Ras Al Khaimah, United Arab Emirates, shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
5. Amendments
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. By your continued use of the Site after such revisions are posted, you agree to and accept the modifications.
6. Investor Engagement and Obligations
I. Investor Qualification: Investors must complete a qualification process, which includes financial suitability, understanding of risk, and acknowledgment of investment terms, ensuring they have the necessary experience and resources for real estate investment. II. Investment Risks: Investors acknowledge that real estate investment involves significant risks. The Company makes no guarantees regarding the performance of any investment. III. Rights and Responsibilities of Investors: Investors possess the right to obtain comprehensive details about projects, emphasizing the importance of engaging in thorough due diligence and making educated investment decisions based on this information. It is crucial to understand that the information provided does not constitute financial, legal, or tax advice. Consequently, TheHandover.com assumes no liability or responsibility for any decisions made based on reliance upon such information. IV. Conflict of Interest Policy: The Company will disclose any conflicts of interest. Investors must also disclose any potential conflicts of interest with project investments.
7. Intellectual Property Rights and Use of Content
I. Website Content: TheHandover.com grants you a limited right to use the Website, Services, and the content provided through them ('Content'), including Third Party Content as described below, solely for the purpose of investment-related activity through the Website and Services. You may view, download, and print the Content solely for your personal, non-commercial use. No license or other rights, title, or interest in any Content is intended or granted under these Terms. You may not reproduce, publish, distribute, display, modify, create derivative works from, sell, license, or exploit in any way, in whole or in part, any of the Content or the Website without our prior written consent. TheHandover.com reserves all rights with respect to copyright and trademark ownership of all Content. II. Feedback: If you provide input, suggestions, or questions, or post to forums, chats, or otherwise engage on the Website or any TheHandover.com forum ('Feedback'), you hereby grant TheHandover.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Website or Services and to create other products and services. TheHandover.com has no obligation to use, publish, or exploit the Feedback in any way. III. Ownership: Proprietary Rights: The Website and Services are owned and operated by TheHandover.com. The Content, logos, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ('Materials') provided by TheHandover.com are protected by intellectual property according to the Federal Decree-Law no. (36) of 2021 of UAE, and other applicable laws and regulations. All Materials included on the Website and Services are the property of TheHandover.com or its third-party licensors. Except as expressly authorized by TheHandover.com, you may not make use of the Materials. TheHandover.com reserves all rights to the Materials not granted expressly in these Terms of Use. IV. Third Party Content, Services, and Linked Websites: Third parties may provide content, tools, reports, services, connectivity, and other material ('Third Party Content') on the Website and/or through the Services. TheHandover.com does not prepare, endorse, or guarantee the accuracy, timeliness, completeness, or usefulness of Third Party Content and is not responsible or liable for any content, advertising, products, or other materials on or available from third-party sites. Your interactions with third-party sites and content are governed by the third party’s terms and policies.
8. Indemnification
I. Agreement to Indemnify: You (the 'Indemnifying Party') agree to indemnify, defend, and hold harmless TheHandover.com, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (the 'Indemnified Parties') from and against any claims, liabilities, damages, losses, obligations, costs (including, but not limited to, legal fees and expenses), arising out of or in connection with: (a) Your access to or use of the Site and its services. (b) Your breach of this Agreement, including any breach of your representations and warranties herein. (c) Your violation of any rights of a third party, including, but not limited to, intellectual property rights and privacy rights. (d) Your violation of any applicable laws, regulations, or codes. (e) The content or information you provide to the Site that violates any law or infringes upon any third party right; and (f) Any fraudulent, negligent, or wrongful act or omission by you in connection with your use of the Site. II. Defense and Cooperation: The Indemnified Parties shall notify the Indemnifying Party promptly of any claim for which they seek indemnification and provide the Indemnifying Party with reasonable assistance, at the Indemnifying Party's expense, in defending any such claim. The Indemnifying Party shall have the right to control the defense of any such claim; however, the Indemnified Parties may participate in the defense at their own expense with counsel of their choice. III. Settlement: The Indemnifying Party shall not agree to any settlement that adversely affects the Indemnified Parties' rights or interests without the prior written consent of TheHandover.com, which shall not be unreasonably withheld or delayed. The Indemnifying Party agrees that it will not settle any claim in a manner that admits liability or fault on the part of the Indemnified Parties without their prior written consent. IV. Limitation: This indemnity will survive the termination of this Agreement and your use of the Site. However, the indemnity provided herein is limited to acts and omissions directly attributable to the Indemnifying Party and does not extend to any claim or loss to the extent resulting from the negligence or willful misconduct of the Indemnified Parties. V. Compliance with UAE Law: This indemnification clause is subject to, and will be interpreted and enforced in accordance with, the laws of the United Arab Emirates. Nothing in this clause shall require any party to act in any way that is prohibited by UAE law.
9. Limitation of Liability
I. To the fullest extent permitted by applicable law, TheHandover.com and its associated entities, including its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (collectively, 'TheHandover.com Entities'), shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in any way connected with your access to, use of, inability to access, or reliance on the Service or any materials or content made available through the Service. This includes, but is not limited to, any damages or losses resulting from decisions made based on information obtained from the Service, regardless of whether such damages were foreseeable and whether TheHandover.com Entities have been advised of the possibility of such damages. II. Furthermore, TheHandover.com shall not bear any liability for any claims or damages arising out of or related to any real estate investment or potential investment actions taken through the Site. Decisions made regarding investments on the basis of information provided by TheHandover.com are taken at your own risk and discretion without liability to TheHandover.com. Each provision of these Terms that provides for a limitation of liability or exclusion of damages is to allocate risks under these Terms between you and TheHandover.com. This allocation is a crucial element of the basis of the bargain between the parties. These provisions are intended to limit TheHandover.com's liability within the limits of applicable law and are severable and independent of all other provisions of these Terms. The limitations specified in this section will remain in effect even if any limited remedy specified herein is found to have failed of its essential purpose.
10. Confidentiality and Data Protection
I. Confidential Information a) Definition: For the purposes of this Agreement, 'Confidential Information' includes, but is not limited to, any and all information related to TheHandover.com’s operations, assets, financial data, user data, investment details, software codes, business strategies, and any other information disclosed through the Site that is not publicly known. b) Obligation of Confidentiality: All parties, including users, affiliates, and third-party service providers of TheHandover.com, agree to maintain the strict confidentiality of all Confidential Information. Parties shall not disclose, disseminate, or use any Confidential Information for any purpose outside the scope of their engagement with TheHandover.com, except as expressly permitted by this Agreement or required by law. c) Exceptions: The obligations set forth in this section shall not apply to any information that (i) Becomes publicly known through no breach of this clause by the receiving party. (ii) Was known prior to its disclosure by TheHandover.com without breach of any obligation owed to TheHandover.com. (iii) Is received from a third party without breach of any obligation owed to TheHandover.com; or (iv) Was independently developed without use or access to the Confidential Information. II. Data Protection (a) Commitment to Data Protection: TheHandover.com is committed to protecting the privacy and security of its users' personal data. The Company shall comply with all applicable laws and regulations regarding data protection and privacy, including but not limited to the UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection in the United Arab Emirates. (b) Collection and Use of Data: The Company shall collect, use, store, and process personal data of users only as necessary for the provision of the services offered through the Site and as described in the Privacy Policy published on TheHandover.com. (c) Security Measures: TheHandover.com shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. (d) User Rights: Users have the right to access, correct, delete, or restrict the processing of their personal data as provided by applicable data protection laws. Users may exercise these rights by contacting TheHandover.com as specified in the Privacy Policy. III. Entire Agreement: This Agreement, including any terms, conditions, and policies expressly referenced herein, constitutes the entire agreement between you and TheHandover.com regarding your access to and use of the Site and supersedes all prior agreements and understandings, both written and oral, concerning its subject matter. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
Service Disclaimer for TheHandover.com
The information on TheHandover.com is provided 'as is' for general information purposes only, without any representations or warranties, express or implied. TheHandover.com does not offer financial, legal, or investment advice, and the inclusion of any projects or investment opportunities does not constitute an endorsement or recommendation. Users are responsible for their own investment decisions and are encouraged to consult with professional advisors. The Company, its affiliates, and its officers will not be liable for any losses or damages arising from your use of TheHandover.com. This disclaimer and any disputes related to the services provided by TheHandover.com will be governed by the laws of the United Arab Emirates, and the courts of Ras Al Khaimah shall have exclusive jurisdiction over any disputes.
