Terms and Conditions for Boshamlan Platform

Definitions and Terminology

Boshamlan refers to the website https://www.boshamlan.com and/or Bo Shamlan General Trading Company W.L.L., including all its applications, programs, social media accounts, and its subsidiaries. Boshamlan is a platform provided to users for the purpose of advertising real estate. It serves as a communication tool that allows registered users to list properties for rent, sale, or exchange, and allows visitors to browse the listings and contact advertisers directly.
User, You: Refers to any individual or entity using Boshamlan's services, whether as a visitor or a registered member.
Advertiser: Refers to any registered user who posts property listings on Boshamlan.

Acceptance of Terms

By using Boshamlan, whether as a visitor browsing the platform or by registering as a member, you acknowledge and agree to be bound by these terms and conditions. If you do not agree with these terms, you must stop using Boshamlan immediately. Boshamlan reserves the right to modify or update these terms at any time without prior notice. Your continued use of the platform after any changes have been made constitutes your acceptance of the modified terms.

Nature of the Platform and Disclaimer

Boshamlan provides an online platform for users to post advertisements related to real estate. Boshamlan is not a real estate agency or real estate company. The platform operates solely as a communication tool between users, and it does not participate in, supervise, or manage any real estate transactions. Boshamlan does not guarantee the accuracy of the real estate information or assume any responsibility for the legal status of transactions conducted between users.

Users acknowledge that Boshamlan is not a party to any real estate transactions (including sales, rentals, or exchanges) and does not represent any party in these transactions. Boshamlan does not own or control any of the properties listed on the platform or the related transactions.

User Conduct and Obligations

By using Boshamlan, you agree to the following obligations:

You will not use the platform for any purpose that violates Kuwaiti law, public customs, or general morals.
You confirm that you are at least 18 years old or legally authorized to use the platform.
You will not impersonate any person or entity or provide false information.
You agree not to contact any individual or entity that has requested not to be contacted and to only use the contact details provided in the listing.
You will not make any payments to an advertiser on the Boshamlan platform (whether in cash, payment link, bank transfer, or any other payment method) regarding deposits, rent, or any other amounts without ensuring that there is an official contract in place, the advertisement is legitimate, and the payment details have been verified. Boshamlan will not be responsible if any payment is made and the agreement is not completed or the money is not refunded.

Registration and Advertisements

When registering as a user or advertiser on Boshamlan:

You represent and warrant that all the information you write in your advertisements is accurate and truthful.
You are responsible for ensuring that you are legally authorized to post advertisements on behalf of property owners and agree to provide any authorizations, licenses, or documents when requested by Boshamlan. You agree to provide Boshamlan with any required information or proof upon request, which may include, but is not limited to, a civil ID, a power of attorney, a commercial license, property ownership documents, lease contracts, or advertising license.
You must comply with all applicable real estate laws and regulations, including those set forth by the Ministry of Commerce and Industry.
You accept full legal responsibility for any errors or omissions in your advertisements.
You are responsible for managing your advertiser account, including adding, deleting, or modifying the content of your advertisements.
You agree not to repeat advertisements in text, content, or meaning, as judged solely by the management of Boshamlan.
You agree not to include more than one property in a single advertisement.
Advertisers are prohibited from requesting any payments from users, whether in cash, bank transfer, or any other method, without having a formal, signed contract in place between both parties. The user must ensure all required details are provided, and a contract is signed before any payments are made to protect both parties' rights.
You agree not to publish any content that is defamatory, false, misleading, or infringes on the rights of others.
You agree not to publish any personal or non-personal data of another person or entity without obtaining the necessary legal authorization.
You agree to receive communications, including phone calls and WhatsApp messages, from Boshamlan or visitors to your listings. This includes notifications related to your account, advertisements, and payment transactions. You may opt-out of promotional communications at any time by contacting us.

Privacy Policy and Data Protection

Boshamlan is committed to protecting the privacy of its users. The collection and use of personal information are governed by the following principles:

Data Collection: Personal information such as your name, phone number, and email address may be collected when you register or interact with the platform.
Data Protection: Boshamlan follows secure data collection, storage, and processing practices. Your data will be securely stored and protected from unauthorized access.
Cookies: Boshamlan uses cookies to improve the user experience and monitor website usage. By using the platform, you consent to the use of cookies. Users can disable cookies in their browser settings, but doing so may limit some platform functionality.
User Responsibility: You are responsible for keeping your account information up to date and ensuring the confidentiality of your account credentials.
Data Retention: Boshamlan will retain personal data for as long as necessary to provide services or as required by law. Users may request the deletion of their personal data by contacting Boshamlan or using the account settings page.
Personal Information: Boshamlan respects the privacy of its users. Personal information collected during registration, such as name, contact details, and payment information, will be used solely for the purpose of providing services. Users consent to the collection, processing, and storage of their data in accordance with these terms.
Sharing Data with Third Parties: Boshamlan does not sell or share personal information with third parties unless it is legally required or with the user’s explicit consent. Boshamlan may share data with third-party service providers to enhance platform functionality (e.g., payment gateways).

Intellectual Property Rights

Ownership: You acknowledge and agree that all materials, content, and features available on Boshamlan, except for user-generated content, are the property of Boshamlan and are protected by applicable Kuwaiti and international intellectual property laws. This includes, but is not limited to, text, images, graphics, videos, logos, and software.
Restrictions: You are not permitted to copy, republish, distribute, or modify any content from Boshamlan without prior written consent. Unauthorized use may lead to legal action under Kuwaiti and international laws protecting intellectual property.
User Content: By posting content on Boshamlan, you grant Boshamlan a non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content on the platform. This license does not transfer ownership but allows Boshamlan to display your advertisements and content. You also grant visitors a non-exclusive license to view the content you post.

Dispute Resolution

Governing Law: These terms and conditions, as well as any disputes arising from them, are governed by the laws of the State of Kuwait.
Jurisdiction: The courts of Kuwait have exclusive jurisdiction to settle any legal disputes relating to the use of Boshamlan or these terms and conditions.
Language: In the event of any dispute regarding any clause of the terms and conditions or official communications between the platform and the user or advertiser, the Arabic language will be the governing language, and it shall take precedence over any other translations.

Service Modifications

Service Modifications: Boshamlan reserves the right to modify, suspend, or discontinue any part of the platform or its services at any time without prior notice.

Paid Services and Refund Policy

Boshamlan may offer paid services to users. By purchasing any paid services, you agree to the following:

Non-Refundability: All fees paid for services on Boshamlan are non-refundable.
Modification of Paid Services: Boshamlan reserves the right to modify, increase, decrease, or cancel paid services without prior notice. Users are not entitled to any compensation or refund for any changes in the service features or availability.
Block or Deletion of Account: In case of any breach of these terms and conditions by the user, Boshamlan reserves the right to suspend or terminate the user's account and any paid services without a refund.

User Responsibilities for Account Security

Account Security: Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Boshamlan will not be liable for unauthorized access to or use of an account. Users must notify Boshamlan immediately of any unauthorized use of their account. Sharing devices or accounts requires users to log out after use to prevent unauthorized access. Any loss, damages, or disputes arising from unauthorized access will be the user's responsibility.

Limitation of Liability

Platform Role: Boshamlan’s role is limited to providing advertising space, and it does not represent any party in real estate transactions. Boshamlan will not be liable for any disputes, issues, or damages arising from interactions or transactions between users.
Content Responsibility: Users are fully responsible for the content they publish. Boshamlan does not guarantee the accuracy or reliability of any real estate advertisement and assumes no responsibility for errors, omissions, or inaccurate information posted by users.
Transactions: All transactions, including sales, rentals, and exchanges, are conducted exclusively between users. Boshamlan is not responsible for the outcome of these transactions and does not provide any guarantees regarding the properties advertised.
System Limitations: The platform may experience interruptions or technical errors. Boshamlan does not guarantee that the platform will be error-free or available at all times. Users acknowledge that they use the platform at their own risk.

Disclaimer

Use at Your Own Risk: You acknowledge that your use of Boshamlan is at your own risk. Boshamlan will not be liable for any direct, indirect, incidental, or consequential damages resulting from your use of the platform, including but not limited to financial losses, property damage, legal disputes, real estate contracts, transactions or deals.
No Representation of Parties: Boshamlan does not represent any party in real estate transactions listed on the platform. All agreements regarding sales, rentals, or exchanges are made exclusively between the users. Boshamlan is not a real estate agent or broker and is not a party to any real estate transaction.
Advertisement Platform: Boshamlan acts solely as a platform for posting advertisements and is not responsible for transactions or interactions between users. All transactions, including sales, rentals, and exchanges, are conducted exclusively between users. Boshamlan is not liable for any disputes, damages, or issues arising from these transactions, nor does it guarantee the accuracy or reliability of the content posted by users. The platform and its services are provided 'as is,' without any warranties regarding their accuracy, availability, or reliability. Users acknowledge that they use the platform at their own risk, and Boshamlan disclaims all liability for any direct, indirect, incidental, or consequential damages.
No Liability for Transactions: Boshamlan acts solely as a platform for posting advertisements and assumes no responsibility for transactions or interactions between users. Boshamlan is not responsible for any losses, damages, or disputes that arise from the sale, rental, exchange, or any other transaction conducted through the platform. You acknowledge that you rely on the data published on Boshamlan at your own risk, and by doing so, you release Boshamlan from any claims or liabilities that may arise in this regard.
No Warranties: Boshamlan provides its services "as is," without any warranties, whether expressed or implied, regarding the accuracy, reliability, or legality of the content posted on the platform.
Third-Party Services and Links: Boshamlan may contain links to third-party websites or services (such as payment gateways). These are provided solely for your convenience. Boshamlan does not endorse or assume any responsibility for the content or services provided by third parties. Your use of third-party links is at your own risk.
Third-Party Content: Boshamlan is not responsible for any content provided by third parties or for links to external websites. Use of third-party content is at your own risk.

User Content Responsibility

Accuracy of Content: Users are solely responsible for the accuracy, legality, and appropriateness of the content they publish on Boshamlan. This includes ensuring that all information related to real estate properties is accurate, current, and compliant with Kuwaiti law. Boshamlan does not endorse, verify, or assume responsibility for the accuracy or legality of user-posted content.
Approval of Posted Content: The approval by Boshamlan to post any data, images, or videos, does not imply any responsibility on the platform's part for such content.
Translation: Boshamlan may provide translation services between Arabic and English using third-party translation systems. Boshamlan does not take responsibility for any language discrepancies or inconsistencies resulting from the translation system. Users must not rely solely on the translated advertisement and should verify all details with the property owner or agent before entering into any agreements.

Force Majeure

Boshamlan will not be held liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to natural disasters, wars, civil unrest, labor strikes, interruption or weakness of the Internet network, or any other technical failures. In such cases, Boshamlan will make reasonable efforts to restore services as soon as possible.

Contact Information

For any inquiries, suggestions, complaints, or to report violations, please contact us at the following email address:

Email: support@boshamlan.com

Bou Salem is a real estate broker