My-Bermuda-House Terms and Conditions
This Website is the property of My-Bermuda-House.com Limited (MBH), a company registered in Bermuda whose business office is situated at Suite 10, 2nd Floor Cedar Park Centre, 48 Cedar Avenue,, Hamilton, HM 11, Bermuda.
- 1. Basic Terms: These Terms of Service ("Terms") govern your access to and use of the
services we provide, including our Website, SMS, APIs, email notifications, applications,
buttons, and widgets, (the "Services"), and any information, text, graphics, photos or
other materials uploaded, downloaded or appearing on the Services (collectively referred
to as the "Content"). Please read them carefully. You understand, agree and acknowledge
that your access to and use of the Services are conditional upon your acceptance of and
compliance with these Terms, which cannot be modified by you. By accessing or using
the Services, you agree to be bound by these Terms, without limitation or qualification
and that no signatures are required to implement the Terms or to make them binding on
- 2. Modification to the Terms: MBH reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms at any time. By using this Website after such
modifications, alterations or updates, you agree to be bound by such revised Terms. In
addition, MBH reserves the right to make improvements and/or changes in the Content of
the Website at any time.
- 3. Modifications to the Services: MBH reserves the right to modify or discontinue
(temporarily or permanently) the Services (or any part thereof) with or without notice to
you. MBH shall not be liable to you or any third party if we exercise our right to modify
or discontinue the Services. If you object to any such changes, your sole recourse shall be
to cease using the Services. Continued use of the Services following any such changes
shall indicate your acknowledgement and acceptance of such changes and satisfaction
with the Services as so modified.
- 4. Content on the Services: All Content posted on the Website is the sole responsibility of
the person who originated such Content. We do not endorse, support, represent or
guarantee the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed via the
- 4.1. All Content relating to Properties on the Website is based on information supplied
by users and is believed to be correct when entered into our systems.
- 4.2. You understand that by using the Services you may be exposed to Content that
might be offensive, harmful, inaccurate or otherwise inappropriate, or in some
cases, postings that are misleading or deceptive. Under no circumstances will
MBH be liable in any way for any Content, including but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Services or broadcast elsewhere. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
- 4.3. We have the right, but not the obligation, to monitor and review the Content on
the Website provided through the Services to determine compliance with these
Terms and any other operating rules established by us, to satisfy any law,
regulation or authorized government request, or for other purposes. Without
limiting the foregoing, MBH shall have the right to remove any Content that
violates the Terms, that we believe may create liability for us, or that we deem
otherwise objectionable without liability to you for any reason.
- 5. Your Password and Security: You are responsible for safeguarding the password that
you use to access the Services and for any activities or actions under your password. We
encourage you to use "strong" passwords (passwords that use a combination of upper and
lower case letters, numbers and symbols) with your account. MBH cannot and will not be
liable for any loss or damage arising from your failure to comply with the above.
which governs the protection and use of any personal information you may provide to us.
You understand that through your use of the Services you consent to the collection and
by MBH. As part of providing you the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages. These
communications are considered part of the Services and your MBH account, which you
may not be able to opt-out from receiving.
- 7. MBH Rights: All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of MBH. The Services are
protected by copyright, trademark, and other laws of Bermuda. Nothing in the Terms
gives you a right to use the MBH name or any of the MBH trademarks, logos, domain
names, and other distinctive brand features. Any feedback, comments, or suggestions you
may provide regarding MBH, or the Services is entirely voluntary and we will be free to
use such feedback, comments or suggestions as we see fit and without any obligation to
- 8. Your License To Use the Services: MBH gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software that is provided as part of
the Services. This license is for the sole purpose of enabling you to use and enjoy the
benefit of the Services as provided by MBH in the manner permitted by these Terms.
We authorize the download of extracts from this Website for personal use only. No part of
this Website, including but not limited to the Content, may be distributed or copied for
any commercial purpose.
- 9. Your Rights: When you sign up for the Services:
- 9.1. You retain your rights to any Content you submit, post or display on or through
the Services. By submitting, posting or displaying Content on or through the
Services, you grant MBH a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such Content in any and all media or distribution
methods (now known or later developed).
- 9.2. You agree that this license includes the right for MBH to provide, promote, and
improve the Services and to make Content submitted to or through the Services
available to other companies, organizations or individuals who partner with MBH
for the syndication, broadcast, distribution or publication of such Content on other
media and services, subject to our terms and conditions for such Content use.
- 9.3. You agree that we may modify or adapt your Content in order to transmit, display
or distribute it over computer networks and in various media and/or make changes
to your Content as are necessary to conform and adapt that Content to any
requirements or limitations of any networks, devices, services or media.
- 9.4. You are responsible for your use of the Services, for any Content you provide, and
for any consequences thereof, including the use of your Content by other users
and our third party partners. You understand that your Content may be syndicated,
broadcast, distributed, or published by our partners and if you do not have the
right to submit Content for such use, it may subject you to liability. MBH will not
be responsible or liable for any use of your Content by MBH in accordance with
these Terms. You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content that you
- 10. Restrictions on Use of the Services:
- 10.1. We prohibit you from using the Services to promote your own website or any
business, product or service whether through the sending of unsolicited email or
otherwise, unless the same has been previously approved in writing by us. We
reserve the right to investigate your use of the Services and terminate your rights
under these Terms.
- 10.2. You may not copy, reproduce or retransmit any part of this Website without our
prior written approval. MBH will not accept responsibility for any loss that may
arise from reliance on any of the information or documents contained on this
Website or on any third party website, which has a link to or from this Website.
- 11. Your Responsibilities: When you sign up for the Services:
- 11.1. You agree to provide true, accurate, current and complete information as
prompted and to maintain and update such information to keep it true, accurate,
current and complete at all times.
- 11.2. You represent and warrant that you are the rightful owner of all Content that you
submit to the Website, and that you grant MBH the right, license and privilege to
use such information or data in any way we deem appropriate.
- 11.3. You represent and warrant in respect of all Properties that you list or advertise on
the Website for sale or for rent that you have the full power and authority required
to sell or rent said Property and that you are the beneficial owner of the Property;
or the legal owner of the Property; or a duly appointed Real Estate Agent under a
valid Listing Contract; or a duly appointed attorney of the Owner under a valid
Power of Attorney.
- 11.4. You understand that you are solely responsible for all acts or omissions that occur
under your credentials, including the accuracy and completeness of all Content
that you (or anyone using your account) submit, post or transmit through the
- 11.5. If any information you provide is untrue, inaccurate, not current or incomplete, or
if we reasonably believe so, we may suspend or terminate your access to and use
of the Services, and refuse to provide any current or future Services to you.
- 11.6. You agree not to use the Services to do any of the following:
- 11.6.1. violate any Bermuda or international law;
- 11.6.2. stalk, harass or harm another individual or communicate with such
individual after being advised to cease any such communications;
- 11.6.3. collect, harvest or store personal data about other users including email
- 11.6.4. contact the Agent or Owner of a Property posted on the Website for any
purpose other than to respond to the Content as a potential purchaser or
- 11.6.5. contact the Agent or Owner of a Property posted on the Website with the
intention of soliciting or obtaining a listing agreement for the sale or rental
of the Property for reward, commission or other remuneration;
- 11.6.6. impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;
- 11.6.7. interfere with or disrupt the Services or servers or networks connected to
the Website or the other Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Website;
- 11.6.8. upload, submit, post, store or transmit any (a) content that is unlawful,
harmful, threatening , abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, racist, sexist, homophobic,
or ethnically or otherwise objectionable; (b) content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships; (c) content that infringes the intellectual property rights of a
third party; or (d) material that contains software viruses or any other
computer code, files or programs, for example, worms, Trojan horses,
cancelbots, time bombs and the like, designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment; (d) unsolicited advertising material,
notices or spam, junk mail, pyramid schemes, chain letters or the like; (e)
surveys that have not been approved or cleared by us; or (f) contests or
games of chance.
- 12. Third Party Websites: The Services may contain links to third-party websites or
resources. You acknowledge and agree that the MBH is not responsible or liable for:
- 12.1. the availability or accuracy of such websites or resources; or
- 12.2. the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by MBH of such
websites or resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk arising from your
use of any such websites or resources.
- 13. Termination: The Terms will continue to apply until terminated by either you or MBH
- 13.1. You may end your legal agreement with MBH at any time for any reason by
deleting your account and discontinuing your use of the Services. You do not need
to specifically inform MBH when you stop using the Services. If you stop using
the Services without deleting your account, your account may be deactivated due
to prolonged inactivity under our Inactive Account Policy.
- 13.2. We may suspend or terminate your accounts or cease providing you with all or
part of the Services at any time for any reason, including, but not limited to, if we
- 13.2.1. you have violated these Terms; or
- 13.2.2. you create risk or possible legal exposure for us; or
- 13.2.3. our provision of the Services to you is no longer commercially viable.
In all such cases, the Terms shall terminate, including, without limitation, your
license to use the Services.
Nothing in this section shall affect MBH's rights to change, limit or stop the
provision of the Services without prior notice, as provided above.
- 14. Disclaimers and Limitations of Liability: Please read this section carefully since it
limits the liability of MBH and its parents, subsidiaries, affiliates, related companies,
officers, directors, employees, agents, representatives, partners, and licensors
(collectively, the "MBH Entities"). Each of the subsections below only applies up to the
maximum extent permitted under applicable law.
- 14.1. Availability of the Services: Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an "as is" and "as available" basis. Without limiting the
foregoing, to the maximum extent permitted under applicable law, MBH
disclaims all warranties and conditions, whether expressed or implied, of
merchantability, fitness for a particular purpose or non-infringement.
MBH makes no warranty and disclaims all responsibility and liability for:
- 14.1.1. the completeness, accuracy, availability, timeliness, security or reliability
of the Services or any Content;
- 14.1.2. any harm to your computer system, loss of data, or other harm that results
from your access to or use of the Services or any Content;
- 14.1.3. the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services;
- 14.1.4. whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis.
- No advice or information, whether oral or written, obtained from MBH or through
the Services, will create any warranty not expressly made herein.
- 14.2. Specialist Advice: We cannot and do not offer any legal, financial, or other
specialist advice. You must satisfy yourself as to the accuracy of any information
or details provided through the Services. No officer, employee or agent of ours
has any authority to make any representations or statements in relation to any
Property. We recommend that you take appropriate legal and other advice and use
the services of attorneys, surveyors, appraisers and other specialists as
appropriate. The Services provided by us are not intended as a substitute to
obtaining such advice and you hereby acknowledge that we have recommended
that you take such advice. We accept no liability for any defects in legal title or in
the fabric or structure of any Property.
- 14.3. Limitation of Liability: To the maximum extent permitted by applicable law,
MBH shall not be liable for any indirect, incidental, special, consequential or
punitive damages, or any loss of profits or revenues, whether incurred directly or
indirectly, or any loss of data, use, good-will or other intangible losses, resulting
- 14.3.1. your access to or use of or inability to access or use the Services;
- 14.3.2. any conduct or content of any third party on the Services, including
without limitation, any defamatory, offensive or illegal conduct of other
users or third parties;
- 14.3.3. any Content obtained from the Services;
- 14.3.4. unauthorized access, use or alteration of your transmissions or content.
In no event shall the aggregate liability of the MBH Entities exceed the greater of
one hundred Bermudian dollars or the amount you paid MBH, if any, in the past
six months for the Services giving rise to the claim.
The limitation of this subsection shall apply to any theory of liability, whether
based on warranty, contract, statute, tort (including negligence) or otherwise, and
whether or not the MBH Entities have been informed of the possibility of any
such damage, and even if a remedy set forth herein is found to have failed of its
- 14.4. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent that the MBH Entities may not, as
a matter of applicable law, disclaim any implied warranty or limit our liabilities,
the scope and duration of such warranty and the extent of our liability shall be the
minimum permitted under such applicable law.
- 15. Indemnification: You agree to indemnify, defend and hold harmless the MBH Entities
from and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from your violation of these Terms.
- 16. Trademarks: The name My-Bermuda-House.com and its related logos, are registered
trademarks of My-Bermuda-House.com Limited. They may not be used in conjunction
with any product or service which is not offered by MBH, is likely to cause confusion
among customers, or in any manner that disparages or discredits MBH. Any other
trademarks not owned by MBH that appear on the Website are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by
- 17. Copyrights and Restrictions on Use: All Content on this Website is the property of
MBH or its third party content suppliers and licensors and is protected by Bermuda and
international copyright laws. All software used on this site is the property of MBH or its
software suppliers and is protected by Bermuda and international copyright laws.
- 18. General Terms
- 18.1. The Terms constitute the entire and exclusive and final statement of the agreement
between you and MBH with respect to the subject matter hereof, and govern your
use of the Services, superseding any prior agreements or negotiations between
you and MBH with respect to the subject matter hereof.
- 18.2. The Terms and any action related thereto shall be governed by the laws of
Bermuda. All claims, legal proceedings or litigation arising in connection with the
Services will be brought solely in the Bermuda courts and and you consent to the
jurisdiction of and venue in such courts and waive any objection as to
- 18.3. Service of Process in any such action may be effected either by certified mail,
return receipt requested or by recognized private carrier where you or your
authorized agent accept delivery of such service of process.
- 18.4. Our failure to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. Should we waive any of our rights
(either under these Terms or in law) in respect of a breach of these Terms by you,
such waiver will not be considered a waiver of any subsequent breach of the same
or any other provision of these Terms. No rights or remedies under these Terms or
in law will be waived or released save by express written notice signed by a
director of My-Bermuda-House.com Limited and making express reference to this
- 18.5. If any provision of these Terms is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these
Terms and the remainder of the provision in question will not be affected. Every
provision is agreed to be severable from every other.
- 18.6. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to the use of the Services or the Terms must be
filed within one (1) year after such claim or cause of action arose or be forever
- 18.7. The section titles in the Terms are for convenience only and have no legal or