Effective Date: 1 November 2023
The use of this website is governed by the terms and conditions set forth herein.
THIS AGREEMENT is entered into between Home Stories Limited, a company incorporated and existing under the laws of Bangladesh, having its registered office at 116 Nayapaltan Lane, Paltan, Dhaka-1000 (“Home Stories Ltd.”), and the individual accessing the website (“User”).
1. Definitions
For the purposes of this Agreement, the following expressions shall have the meanings assigned to them below:
“Effective Date” means the date from which these terms and conditions became operative.
“Intellectual Property Rights” refers to all rights in and to copyrights, patents, design rights (registered or unregistered), database rights, trade marks and service marks, including applications for any of the foregoing, together with trade secrets, know-how, confidential information, and other analogous intellectual or proprietary rights existing anywhere in the world.
“Material” includes any and all content made available on the Website or submitted to Home Stories Ltd., including but not limited to any content uploaded or posted by the User.
“Registration Details” means the personal information provided by the User upon registration, which may include name, contact numbers, email address, age, and residential address.
“Service” denotes the operation of the Website as an online platform for property listings and related services.
“Unacceptable” means any Material which, in any jurisdiction where the Website is accessible, may be considered: a. illegal, indecent, obscene, racist, offensive, pornographic, defamatory, untrue, misleading, or infringing the rights (including Intellectual Property Rights) of any third party; b. in violation of applicable laws, regulations, industry standards, or codes of practice (even if adherence is not mandatory); c. contravening laws relating to, but not limited to, weapons, animals, or alcoholic beverages; d. detrimental to the reputation or commercial interests of Home Stories Ltd.
“User” means any individual or entity who accesses or uses the Website.
“Website” refers to the online portal located at www.homestoriesbd.com, owned and operated by Home Stories Ltd.
2. Terms Applicable to Users
2.1. By registering on the Website, the User agrees to provide accurate, complete, and current Registration Details and to promptly update such details (except for age) prior to using any services available on the Website thereafter.
2.2. The User affirms and warrants that they are at least eighteen (18) years of age and are legally competent to enter into binding agreements.
2.3. Home Stories Ltd. reserves the right, at its sole discretion, to remove any Material from the Website without prior notice and to decline the publication of any Material submitted by a User.
2.4. Home Stories Ltd. may record the User’s Registration Details and usage data, which will not be shared with third parties except in anonymized, aggregate form or as otherwise permitted herein.
2.5. The Website may deploy a small data file (commonly known as a “cookie”) to the User’s device to identify returning visitors, track user behavior on the Website, and enhance user experience. Cookies do not enable Home Stories Ltd. to personally identify Users. Users may refuse cookies through their browser settings, although doing so may limit access to certain Website functionalities.
2.6. The User expressly authorizes Home Stories Ltd. to utilize information provided on the Website for the purposes of marketing, including special offers and third-party promotions. Home Stories Ltd. shall not use User data for purposes beyond those described in this Agreement unless legally compelled or required by an appropriate authority.
2.7. Should the User object to any use of their data as described in clauses 2.3 and 2.4, the User must refrain from submitting personal information and discontinue use of the Website.
2.8. To opt out of marketing communications sent via email, the User must send an email to Home Stories Ltd. with “unsubscribe” in the subject line.
2.9. Home Stories Ltd. retains the exclusive right to suspend or permanently terminate a User’s account at its absolute discretion. Notice of such suspension or termination will be issued via email. A User whose account has been terminated shall not attempt to re-register, either personally or through an associated entity.
2.10. For the avoidance of doubt, Home Stories Ltd. provides services rather than goods.
2.11. All Intellectual Property Rights in the Website and the Service—including but not limited to its design, text, graphics, and their selection and arrangement—are and shall remain the exclusive property of Home Stories Ltd.
2.12. Home Stories Ltd. takes allegations of Intellectual Property infringement and fraudulent activity seriously. While Users acknowledge that Home Stories Ltd. bears no liability for such matters, Users are encouraged to report any actual or suspected breaches. Home Stories Ltd. reserves the right to inform appropriate regulatory or legal authorities where necessary.
2.13. Users may be invited to submit comments regarding the conduct and performance of other Users via email.
2.14. Users shall adhere to the following conditions of use:
a. Users shall not upload, transmit, or introduce any materials designed to impair, damage, or disrupt the functionality of the Website or the Service.
b. Users shall not employ automated software or tools to access or interact with the Service without prior written consent.
c. The Service shall be used solely for personal purposes or by property agents for listing properties for sale or rent.
d. Users shall not duplicate or attempt to reverse engineer any materials or processes belonging to Home Stories Ltd. without express authorization.
e. Users shall refrain from using the Service in any manner that is unlawful, immoral, or otherwise detrimental to Home Stories Ltd.
f. Users shall comply with all policies and notices displayed on the Website.
g. Users shall not remove or alter any copyright, trademark, or proprietary notices on the Website.
h. Users shall not publish or share any content that may encourage unlawful or regulatory breaches.
i. Users shall not interfere with or impair the use and enjoyment of the Service by other Users.
j. Users shall not distribute any content protected by copyright without the explicit permission of the rights holder.
k. Users must not engage in offensive, abusive, or harassing conduct while using the Website or the Service.
2.15. By submitting any content (“Material”) via the Website or otherwise, the User grants Home Stories Ltd. a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, display, and edit such Material. Home Stories Ltd. reserves the right to remove or alter any submitted Material at its sole discretion without payment to the User. The User affirms that it holds all rights necessary to grant such a license.
2.16. Home Stories Ltd. Permits Users to post content to the Website, provided that such content is not unlawful, obscene, abusive, defamatory, threatening, or otherwise objectionable in the sole opinion of Home Stories Ltd.
3. Limitation of Liability
3.1. Home Stories Ltd. shall not be liable for any indirect, consequential, or incidental losses, including but not limited to loss of profits, revenue, data, goodwill, or any liability incurred by a User to third parties arising in connection with this Agreement.
3.2. Although reasonable efforts are made to exclude viruses from the Website, Home Stories Ltd. accepts no responsibility or liability for any viruses. Users are advised to take their own precautions when downloading data from the Website.
3.3. Home Stories Ltd. does not guarantee that Material made available on the Website is free from objectionable content. Any financial or other decisions made based on Website content are undertaken entirely at the User’s risk.
3.4. Home Stories Ltd. shall not be held liable for any interruptions to the Service, whether due to maintenance, upgrades, or otherwise.
3.5. Home Stories Ltd. accepts no liability for any failure in performance resulting from the failure or interruption of third-party software, services, or infrastructure.
3.6. Home Stories Ltd. shall not be liable for any direct or indirect consequences arising from a User accessing third-party websites via links provided on the Website.
3.7. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of Home Stories Ltd. or its appointed agents.
3.8. Regardless of the number or basis of claims made, the total liability of Home Stories Ltd. to any User under or in connection with this Agreement for direct loss (to the extent not otherwise excluded) shall be limited to a sum not exceeding twice the total fees paid by that User to Home Stories Ltd. in relation to the matter giving rise to the claim.
4. Warranties and Indemnity
4.1 Home Stories Ltd. makes no representations or warranties, express or implied, that the information provided on or through the Website is accurate, complete, or up to date. The User acknowledges and agrees that any reliance placed upon such information is done entirely at their own risk, and Home Stories Ltd. accepts no liability for any use or interpretation thereof.
4.2 The content and materials available on the Website are not tailored to meet the specific requirements of any individual User. It is the sole responsibility of the User to ensure that any material or information obtained through the Website is suitable for their intended purposes before relying upon or acting on it in any way.
4.3 To the fullest extent permitted by applicable law, all warranties, whether express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly excluded.
4.4 The User agrees to indemnify, defend, and hold harmless Home Stories Ltd., its directors, officers, employees, agents, and affiliates from and against any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from or related to any breach of this Agreement by the User or any violation of applicable laws or regulations.
5. General
5.1 Subject to Clause 5.2, this Agreement, together with any documents expressly incorporated by reference, constitutes the entire understanding between the parties in relation to the subject matter herein and supersedes all prior discussions, agreements, or representations, whether oral or written. Neither party shall be entitled to rely on any representation not expressly contained in this Agreement, except in the case of fraudulent misrepresentation. Remedies for any misrepresentation, whether negligent or innocent, shall only be available to the extent deemed fair and reasonable by a competent authority.
5.2 Home Stories Ltd. reserves the right to amend or modify these terms of business at any time. The effective date of the current version of this Agreement is specified at the beginning of the document. Users are advised to review the terms prior to each subsequent use of the Website. Continued use of the Website following a change in the effective date shall constitute acceptance of the revised terms.
5.3 In the event that any provision of this Agreement, or any part thereof, is determined to be invalid, unlawful, or unenforceable for any reason, such provision shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect.
5.4 Home Stories Ltd. may assign, transfer, or subcontract any or all of its rights and obligations under this Agreement without restriction.
5.5 The User shall not assign, transfer, or otherwise dispose of any of its rights or obligations under this Agreement without the prior written consent of Home Stories Ltd.
5.6 Any notice required to be given under this Agreement shall be deemed properly served if delivered personally or sent by email to the last known email address of the recipient. Notices served personally shall take effect upon delivery; those sent by email shall be deemed received 24 hours after transmission; and those sent by post shall be deemed received 72 hours after dispatch, provided they are correctly addressed and pre-paid. It is the User’s responsibility to keep Home Stories Ltd. updated with accurate contact details.
5.7 Home Stories Ltd. shall not be held liable for any delay or failure in performance under this Agreement arising from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or actions by governmental or supra-national authorities.
5.8 Any delay or failure by Home Stories Ltd. to enforce any provision of this Agreement or to exercise any right shall not be construed as a waiver of such provision or right, nor shall it prevent subsequent enforcement of the same.
5.9 The headings used in this Agreement are provided for convenience only and shall have no legal effect or interpretative value.
5.10 This Agreement shall be governed by and construed in accordance with the laws of Bangladesh. The parties hereby submit to the non-exclusive jurisdiction of the courts of Bangladesh, provided that Home Stories Ltd. retains the right to initiate proceedings in any other jurisdiction where it seeks to protect or enforce its intellectual property rights.