PLEASEE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM
By accessing or using hoygeena.com (the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Platform.
1. Definitions
“Platform” means the website, mobile application, and all related services operated by hoygeena.com.
“We,” “Us,” “Our” refers to hoygeena.com, the operator of the Platform.
“Agent” refers to real estate agents or agencies who register to list properties on the Platform.
“User” refers to any person who accesses or uses the Platform to view properties or contact Agents.
“Listing” refers to property advertisements posted by Agents on the Platform.
“Content” refers to all information, data, text, images, and materials posted on the Platform.
2. Nature of the Platform
2.1 Intermediary Service Only
THE PLATFORM IS EXCLUSIVELY AN INTERMEDIARY MARKETPLACE. We provide a digital space where Agents can advertise properties and Users can view these properties and contact Agents directly.
WE ARE NOT:
- A real estate agency
- A property broker
- A real estate agent
- A property seller or landlord
- A party to any transaction between Users and Agents
- A guarantor of any transaction or agreement
- A financial institution or payment processor
2.2 No Direct Involvement
We are not involved in any actual transaction between Users and Agents. All negotiations, agreements, contracts, payments, and property transfers occur directly between Users and Agents without our involvement or oversight.
3. User Registration and Accounts
3.1 Eligibility
You must be at least 18 years old to use this Platform. By registering, you represent and warrant that you meet this requirement.
3.2 Account Types
Agent Accounts:
- Real estate agents and agencies may register to list properties
- Agents are solely responsible for all content they post
- Agents must provide accurate contact information
User Accounts:
- General users may register to view properties and contact Agents
- Users are responsible for their own due diligence
3.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
3.4 Account Termination
We reserve the right to suspend or terminate any account at any time, with or without notice, for any reason, including violation of these Terms.
4. Agent Responsibilities and Obligations
4.1 Agent Warranties
By posting Listings on the Platform, Agents represent and warrant that:
- They have the legal right to advertise the properties
- All information provided is accurate and not misleading
- They possess all necessary licenses and permits required in their jurisdiction
- They comply with all applicable laws and regulations
- They have proper authorization from property owners
4.2 Agent Independence
AGENTS ARE COMPLETELY INDEPENDENT. We do not:
- Employ, supervise, or control Agents
- Verify Agent credentials, licenses, or qualifications
- Endorse or recommend any Agent
- Guarantee Agent performance or conduct
- Monitor Agent activities outside the Platform
4.3 Listing Accuracy
Agents are solely responsible for:
- Accuracy of property information
- Quality and accuracy of photos and descriptions
- Pricing information
- Property availability
- Legal compliance of listings
- Updating or removing outdated listings
5. User Responsibilities
5.1 Due Diligence
USERS ARE ENTIRELY RESPONSIBLE FOR THEIR OWN DUE DILIGENCE. This includes but is not limited to:
- Verifying property information independently
- Investigating Agent credentials and reputation
- Inspecting properties in person
- Reviewing all legal documents with qualified professionals
- Conducting title searches and legal verification
- Verifying property ownership
- Assessing property condition
- Understanding local laws and regulations
5.2 Direct Transactions
Users acknowledge that:
- All transactions occur directly with Agents
- We are not a party to any agreements
- We do not handle payments or funds
- We do not provide escrow services
- We do not verify property titles or ownership
5.3 Professional Advice
Users are strongly advised to:
- Consult with licensed attorneys before signing contracts
- Engage qualified property inspectors
- Verify all information independently
- Seek financial advice from qualified professionals
- Understand local real estate laws and customs
6. DISCLAIMER OF LIABILITY AND WARRANTIES
6.1 AS-IS Service
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of content
- Uninterrupted or error-free operation
6.2 No Verification
WE DO NOT VERIFY, ENDORSE, OR GUARANTEE:
- The accuracy of any Listings or Content
- The identity, credentials, or legitimacy of Agents
- The existence, condition, or legal status of properties
- The truthfulness of any claims made by Agents or Users
- The legality of any transactions
- The safety or suitability of any property
6.3 No Responsibility for User Conduct
WE ARE NOT RESPONSIBLE FOR:
- Actions, omissions, or conduct of Agents
- Actions, omissions, or conduct of Users
- Communications between Agents and Users
- Agreements or disputes between Agents and Users
- Fraudulent activities by any party
- Misrepresentations by any party
- Contract breaches by any party
- Quality, safety, or legality of properties
- Payment disputes or financial losses
6.4 No Responsibility for Property Transactions
WE EXPRESSLY DISCLAIM ALL RESPONSIBILITY FOR:
- Property condition, defects, or hidden problems
- Property ownership or title issues
- Zoning, permits, or legal compliance
- Property value or appraisals
- Contract terms between parties
- Payment processing or financial transactions
- Property delivery or transfer of ownership
- Disputes arising from property transactions
7. LIMITATION OF LIABILITY
7.1 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS LESS.
7.2 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Property damage or personal injury
- Financial losses from transactions with Agents
- Fraud, misrepresentation, or misconduct by Agents or Users
- Failed property transactions
- Legal fees or costs
- Any damages arising from use or inability to use the Platform
7.3 Force Majeure
We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, telecommunications failures, internet outages, or government actions.
8. INDEMNIFICATION
8.1 User Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of third parties
- Content you post on the Platform
- Transactions or disputes with Agents or other Users
- Your negligence or willful misconduct
8.2 Agent Additional Indemnification
Agents additionally agree to indemnify us from claims arising from:
- Inaccurate or misleading Listings
- Lack of proper authorization to list properties
- Violation of property owners’ rights
- Breach of contract with clients
- Professional negligence or malpractice
- Violation of real estate laws or regulations
9. Intellectual Property
9.1 Platform Ownership
All intellectual property rights in the Platform, including design, software, logos, and trademarks, belong to us. You may not copy, modify, distribute, or create derivative works without our express written permission.
9.2 User Content License
By posting Content on the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute that Content solely for operating the Platform.
9.3 Agent Content Responsibility
Agents warrant that they have all necessary rights to Content they post and that such Content does not infringe third-party intellectual property rights.
10. Prohibited Conduct
10.1 General Prohibitions
Users and Agents shall not:
- Post false, misleading, or fraudulent information
- Impersonate others
- Harass, threaten, or abuse other users
- Post illegal content or promote illegal activities
- Violate intellectual property rights
- Attempt to hack, disrupt, or damage the Platform
- Use automated systems to access the Platform (bots, scrapers)
- Collect user data without consent
- Spam or send unsolicited communications
- Circumvent security measures
10.2 Prohibited Listings
Agents shall not post Listings for:
- Illegal properties or uses
- Properties they have no right to advertise
- Non-existent properties
- Properties with fraudulent information
- Listings intended to deceive or defraud
10.3 Consequences
Violation of these prohibitions may result in:
- Immediate account termination
- Removal of Content
- Legal action
- Reporting to authorities
11. Privacy and Data Protection
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection and use of your data as described in the Privacy Policy.
12. Third-Party Services
The Platform may contain links to third-party websites or integrate third-party services (such as social media login). We are not responsible for:
- Content or practices of third-party services
- Privacy policies of third parties
- Availability of third-party services
- Your interactions with third parties
13. Dispute Resolution Between Users and Agents
13.1 Direct Resolution
ALL DISPUTES BETWEEN USERS AND AGENTS MUST BE RESOLVED DIRECTLY BETWEEN THE PARTIES. We are not responsible for mediating, arbitrating, or resolving disputes.
13.2 No Involvement
We will not:
- Participate in dispute resolution
- Provide evidence or testimony
- Make determinations about fault or liability
- Enforce agreements between parties
- Recover funds or property
13.3 Reporting Issues
While we cannot resolve disputes, you may report violations of these Terms or suspected fraudulent activity to [your email], and we may take action regarding Platform access at our sole discretion.
14. Governing Law and Jurisdiction
14.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction/Somalia], without regard to conflict of law principles.
14.2 Jurisdiction
Any disputes arising from these Terms or use of the Platform shall be subject to the exclusive jurisdiction of the courts of [Your City, Somalia/or specify jurisdiction].
14.3 International Users
Users accessing the Platform from outside Somalia acknowledge that they are responsible for compliance with local laws in their jurisdiction.
15. Modifications to Terms
15.1 Right to Modify
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform with an updated “Last Updated” date.
15.2 Notification
We will make reasonable efforts to notify users of material changes through:
- Email notification
- Platform notification
- Prominent notice on the website
15.3 Continued Use
Your continued use of the Platform after changes constitutes acceptance of the modified Terms.
16. Termination
16.1 User Termination
You may terminate your account at any time by contacting us or using account deletion features.
16.2 Our Termination Rights
We may terminate or suspend your access immediately, without notice, for:
- Violation of these Terms
- Fraudulent activity
- Illegal conduct
- Any reason or no reason at our sole discretion
16.3 Effect of Termination
Upon termination:
- Your access to the Platform will cease
- Your Content may be deleted
- These Terms will continue to apply to prior use
- Sections regarding liability, indemnification, and disclaimers survive termination
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding use of the Platform and supersede all prior agreements and understandings.
19. No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
20. Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any successor or affiliate without restriction.
21. Language
These Terms are provided in English. Any translations are for convenience only. In case of conflict, the English version prevails.
22. IMPORTANT SAFETY WARNINGS
22.1 Property Transaction Risks
REAL ESTATE TRANSACTIONS INVOLVE SIGNIFICANT FINANCIAL AND LEGAL RISKS. You acknowledge that:
- Properties may not exist or may differ from descriptions
- Agents may not be licensed or qualified
- Fraud and scams exist in real estate markets
- Property titles may be disputed or invalid
- Legal requirements vary by location
- You could lose money or property rights
22.2 Personal Safety
When viewing properties or meeting Agents:
- Meet in public places when possible
- Bring someone with you
- Verify identities before meetings
- Do not share sensitive personal information prematurely
- Trust your instincts
22.3 Financial Safety
NEVER:
- Send money without verifying property and ownership
- Make payments to individuals without proper documentation
- Provide financial information to unverified parties
- Sign contracts without legal review
- Wire money to unknown recipients
- Pay deposits without proper receipts and legal contracts
23. EXPLICIT ACKNOWLEDGMENTS
By using this Platform, you explicitly acknowledge and agree that:
- We are only a listing platform and marketplace
- We do not verify Agents, properties, or information
- We are not responsible for any aspect of transactions
- You assume all risks when using the Platform
- You are responsible for your own due diligence
- We provide no warranties or guarantees
- We have no liability for losses or damages you incur
- All agreements are between you and Agents directly
- You should seek independent professional advice
- Real estate transactions carry significant risks
24. Contact Information
For questions about these Terms, please contact us:
Email: contact@hoygeena.com
25. ACCEPTANCE OF TERMS
BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM