Terms of Service

Last Updated: December 26, 2024

Important Notice

By accessing or using Barwaaqo Homes ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Platform.

1. Platform Description and Role

Barwaaqo Homes is an online listing platform that connects property seekers with real estate agents and property owners. We provide a marketplace for property listings but do not own, manage, sell, or rent any properties listed on the Platform.

We are NOT:

  • A real estate agency or brokerage
  • A party to any transaction between users and agents
  • Responsible for the accuracy, legality, or quality of listings
  • A guarantor of any property transaction or agreement

2. Disclaimer of Liability for Property Listings

CRITICAL DISCLAIMER:

ALL PROPERTY LISTINGS ARE PROVIDED BY THIRD-PARTY AGENTS AND PROPERTY OWNERS. BARWAAQO HOMES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY LISTING INFORMATION.

You acknowledge and agree that:

  • All listing information is provided "AS IS" without any warranty of any kind
  • We do not verify the accuracy of property descriptions, prices, availability, or legal status
  • Property information may be outdated, incomplete, or inaccurate
  • We are not responsible for any errors, omissions, or misrepresentations in listings
  • You must independently verify all property information with the listing agent
  • We do not guarantee that any property is available, legally compliant, or suitable for your needs

3. User Responsibilities and Due Diligence

It is YOUR responsibility to:

  • Verify all property information independently before making any decisions
  • Conduct proper due diligence including property inspections, title searches, and legal reviews
  • Verify agent credentials and licensing status
  • Review all contracts and agreements with qualified legal counsel
  • Confirm property ownership and legal documentation
  • Inspect properties in person before committing to any transaction
  • Verify zoning, permits, and compliance with local regulations
  • Obtain independent valuations and assessments

4. Limitation of Liability for Transactions

BARWAAQO HOMES IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND AGENTS/PROPERTY OWNERS.

We are NOT liable for:

  • Any disputes, disagreements, or conflicts between users and agents
  • Fraudulent listings, scams, or misrepresentations by third parties
  • Financial losses resulting from property transactions
  • Property defects, title issues, or legal problems
  • Breach of contract by agents or property owners
  • Failure to complete transactions or deliver properties as described
  • Any damages (direct, indirect, incidental, consequential, or punitive) arising from your use of the Platform

5. Agent Verification and Accountability

While we verify agent accounts on our Platform, this verification is limited to identity confirmation only and does not constitute an endorsement, guarantee, or warranty of:

  • Professional competence or qualifications
  • Licensing or regulatory compliance
  • Business practices or ethical standards
  • The accuracy or legality of their listings
  • Their ability to complete transactions

All transactions are between you and the agent/property owner directly. We are not responsible for their actions, omissions, or representations.

6. Prohibited Activities

You agree NOT to:

  • Post false, misleading, or fraudulent listings
  • Upload illegal, offensive, or inappropriate content
  • Violate intellectual property rights of others
  • Use the Platform for money laundering or illegal activities
  • Scrape, copy, or misuse Platform data
  • Impersonate others or provide false information
  • Interfere with Platform operations or security
  • Harass, threaten, or abuse other users

7. Indemnification

You agree to indemnify, defend, and hold harmless Barwaaqo Homes, its owners, employees, agents, and affiliates from any:

  • Claims, demands, or lawsuits arising from your use of the Platform
  • Disputes with agents, property owners, or other users
  • Violations of these Terms of Service
  • Violations of any laws or regulations
  • Infringement of third-party rights

8. Disclaimer of Warranties

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 or fitness for a particular purpose
  • Warranties of accuracy, reliability, or completeness of information
  • Warranties of uninterrupted or error-free service
  • Warranties regarding the security of data transmission

9. Limitation of Liability

MAXIMUM LIABILITY CAP:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARWAAQO HOMES' TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

We shall not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Property damage or personal injury
  • Emotional distress or reputational harm

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Somalia. Any disputes arising from these Terms or your use of the Platform shall be resolved through:

  1. Good faith negotiation between the parties
  2. Mediation, if negotiation fails
  3. Arbitration or courts in Mogadishu, Somalia, as a last resort

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Contact Information

For questions about these Terms, please contact us at:

Barwaaqo Homes

Email: [email protected]

Address: KM4, Hodan District, Mogadishu, Somalia

Acknowledgment

By using Barwaaqo Homes, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You understand that we are a listing platform only and that you bear full responsibility for verifying all property information and conducting proper due diligence before entering into any transaction.