1. Definitions.

The definitions and rules of interpretation in this clause apply to this Agreement.

1.1 “Business” means the ongoing marketing of relevant goods and services.

1.2 “Business Day” means any day, other than Saturday and Sunday, when banks are generally open for business.

1.3 “Communication” means communication by electronic transmission, including by telephone, messaging services, internet-connected or wireless computer access, e-mail or any similar technology or device.

1.4 “Confidential Information” means all information, including specifications, designs and drawings provided by the Company.

1.5 “Deliverable” means a tangible or intangible item produced as a result of the project and intended to be delivered to a Customer, whether internal or external. A deliverable could be a report or document relating to the Services and Listings.

1.6 “Industry Standard Practice” means the standard business practices within the relevant industry and within the Republic of Cyprus.

1.7 “Order”, “Ordering” means the process of purchasing a Service from the Company.

1.8 “Services” means all services provided, sold and offered by the Company to Customers, including the service of providing an online ordering process via our Website.

1.9 “Customer(s)”, “User(s)”, “You”, “Your”, “They”, “Their” means any entity, including a business or natural person, who visits the Website or purchases services or listings sold by the Company.

2. Overview

2.1 The Company provides Users with a range of real estate marketing services and listings related to the real estate industry.

2.2 The Company offers Users and Advertisers the opportunity to advertise real estate on our Website, subject to these Terms.

2.3 All content and materials contained on this Website are for general information purposes only.

3. Use of the Website

3.1 Your use of this Website is subject to the following terms:

3.1.1 All content is for general information purposes only.

3.1.2 All content is subject to change without notice.

3.1.3 The Website may use cookies to monitor browsing preferences.

3.1.3.1 For more information, please see our Privacy Policy and Cookies Policy.

3.1.4 Neither we nor any third party makes any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.

3.1.5 You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.1.6 Your use of any information or materials on this Website is entirely at your own risk, and we shall not be liable.

3.1.6.1 It is your responsibility to ensure that any Listing, Services or information available through this Website meet your specific requirements.

3.1.7 This Website contains material that is owned by us or licensed to us.

3.1.7.1 This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Listings and Services.

3.1.7.2 Reproduction is prohibited except in accordance with the copyright notice, which forms part of these Terms.

3.1.8 Any trademarks reproduced on this Website that are not the property of, or licensed to, the operator are acknowledged on the Website.

3.1.9 Unauthorised use of this Website may give rise to a claim for damages and/or a criminal offence.

3.1.10 From time to time, this Website may include links to other websites. These may be provided by members of the community who are not directly connected to the operation of the Website. These links are provided for your convenience and to offer additional information. They do not signify that we endorse the website(s). We have no responsibility for the content of any linked website(s).

3.1.11 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Listings or Services, or contact any person on the Website through which the Listings and Services are provided, without the Company’s express written permission.

4. Services and Listings

4.1 The Company provides the following Services, including but not limited to:

4.1.1 real estate listings from third parties,

4.1.2 all Listings provided on the Website are created by third parties.

4.1.3 The Company shall not be responsible or liable in any manner for any Listing or for any event or circumstance resulting from any interaction with any Listing.

4.2 residency services,

4.3 general information relating to real estate.

5. User Obligations

5.1 Users of the Website consist of individuals viewing the Website for the purposes of researching real estate, gathering information about real estate or engaging with Services contained within our Listings.

5.2 Users may post their own real estate Listings at no charge.

5.2.1 A User is strictly limited to an individual person.

5.2.1.1 Registered legal entities, companies, corporations, developers and all others actively participating in the real estate industry are not classified as Users and shall follow the rules applicable to Advertisers.

5.2.1.1.1 The Company has full discretion to remove any Listing it deems inappropriate and is under no obligation to provide a reason.

5.2.2 The User is responsible for all details and information included in a submitted Listing.

5.2.2.1 This information must not infringe any third-party rights and must not be offensive.

5.2.3 All photographs provided for the purpose of a Listing must be free of any type of watermark.

5.2.3.1 The Company shall add its watermark to all photographs submitted.

5.3 The Website is contingent upon the User agreeing to the following:

5.3.1 You represent that you are at least the age of majority in your country, state or province of residence in order to use the Website.

5.3.2 If you are a minor, you must provide the Company with written consent from your parent or legal guardian allowing you to use the Website.

5.3.3 You understand that your content may be transferred unencrypted and may involve:

5.3.3.1 transmissions over various networks, and

5.3.3.2 changes made to conform to the technical requirements of connecting networks or devices.

5.3.3.2.1 All information relating to all forms of payment is always encrypted during transfer over networks.

5.3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Listings or Services, or contact any person on the Website, without the Company’s express written permission.

5.3.5 You may not use our Listings or Services for any illegal or unauthorized purpose, and you may not, in the use of our Services, violate any laws in your jurisdiction, including but not limited to copyright laws.

5.4 The User shall:

5.4.1 Provide the Company with all necessary access to, and use of, all information, data and documentation reasonably required by the Company to perform its obligations under these Terms and Conditions, when requested to do so;

5.4.2 Ensure that such information, data and documentation is complete and accurate in all material respects; and

5.4.2.1 Update the Company, or notify the Company of, any relevant changes to the information, data and documentation it provides.

5.4.3 Where the Company is required to comply with any third-party website owner's platform selling policy or similar rules or regulations, the User agrees to provide all reasonable assistance so that the Company can comply with them.

5.4.4 The User shall promptly notify the Company in writing if it reasonably believes that the Listing or Services do not comply with the specification set out on the Website.

6. Advertisers' Duties, Responsibilities & Obligations

6.1 Advertisers include registered legal entities, companies, corporations, developers and others actively participating in the real estate industry.

6.2 Advertisers wishing to submit, publish or participate in our Listings must contact the Company and complete the necessary forms.

6.3 Advertisers shall pay a monthly fee based on the number of properties listed on the Website.

6.3.1 For further information, please contact us.

6.4 The Advertiser is responsible for all details and information included in a submitted Listing.

6.4.1 This information must not infringe any third-party rights and must not be offensive.

6.4.1.1 The Company has full discretion to remove any Listing it deems inappropriate and is under no obligation to provide a reason.

6.5 All photographs provided for the purpose of a Listing must be free of any type of watermark.

6.5.1 The Company shall add its watermark to all photographs submitted.

7. Restrictions on Listings and Services

7.1 We reserve the right to refuse any Listing to anyone, for any reason and at any time, in our sole judgment and without prior consent or explanation.

8. Order Process

8.1 Users can book through our Website using the forms available on the Website.

8.1.1 The Website is not responsible for any bookings; responsibility rests with the third parties that created the bookings and with the User.

8.1.1.1 The User accepts all responsibility and liability for any booking.

8.1.2 For viewings, it is your responsibility to create and attend the appropriate booking time slot.

8.1.3 If we change or cancel an order, we will notify you using the e-mail address and/or billing address/phone number provided when the order was placed.

9. Payment

9.1 All prices for Listings and Services are available on our Website or by contacting us.

9.1.1 All prices for Listings and Services are available on our Website or by contacting us.

9.2 The User shall pay using the checkout method provided by the Website.

9.2.1 At checkout, the User shall pay the Charges to the Company immediately.

9.2.1.1 All Charges are exclusive of VAT unless otherwise indicated in the specific Listing or Service.

9.3 We accept the following methods of payment for our Listings and Services, unless otherwise stipulated in these Terms:

9.3.1 Direct Deposit,

9.3.2 PayPal

9.3.3 Credit Card;

9.3.3.1 VISA,

9.3.3.2 MasterCard,

9.3.3.3 American Express.

9.4 Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.

9.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

9.5.1 These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

9.5.2 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10. Cancellation & Refund Policy

10.1 To cancel a Listing or Service, you must contact us in writing and tell us that you wish to cancel.

10.2 We do not provide refunds for cancellations unless otherwise stipulated in these Terms.

11. Accuracy of Billing and Account Information

11.1 You agree to provide current, complete and accurate purchase and account information for all listings, purchases and bookings made on our Website.

11.2 You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11.3 We cannot accept responsibility if you miss an important deadline or suffer any other disadvantage because you provided inaccurate information to us.

11.4 Your submission of personal information through our Website is governed by our Privacy Policy.

12. Termination

12.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2 You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Listings, or when you cease using our Listings, Services or Website.

12.3 If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate any agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services and Listings, or any part of them.

13. Third-Party Providers

13.1 We use third-party providers for listing, marketing and other purposes we consider necessary.

13.2 Our Listings and Services may be available on other third-party websites and social media platforms.

13.3 We are not liable for any harm or damages related to the purchase or use of property, real estate, goods, services, resources, content or any other transactions made in connection with any third-party websites.

13.3.1 Please review the third party’s policies and practices carefully and make sure you understand them before you enter into any transaction.

13.3.2 Complaints, claims, concerns or questions regarding third-party products should be directed to the third party, and you should also inform us immediately.

14. User Comments, Feedback and other Submissions

14.1 If, at our request, you send specific submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by postal mail or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us.

14.2 We are and shall be under no obligation to:

14.1 Maintain any Comments in confidence,

14.2 Pay compensation for any Comments, or

14.3 Respond to any Comments.

14.3 We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

14.4 You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

14.4.1 You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Listings or Services or any related website.

14.5 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Comments.

14.5.1 You are solely responsible for any comments you make and for their accuracy.

14.6 We take no responsibility and assume no liability for any comments posted by you or any third party.

14.7 If you submit a testimonial to us using this site, via email or by posting it on any of our social media profiles, you agree that we may publish your testimonial, together with your name, on this website and on any successor website that we may operate from time to time, in such place and position as we determine in our sole discretion.

14.7.1 You further agree that we may edit the testimonial and publish edited or partial versions of it.

14.7.2 We will never edit a testimonial in a way that creates a misleading impression of your views.

15. Prohibited Uses

15.1 In addition to other prohibitions set forth in these Terms and our Terms of Use policies, you are prohibited from using the Website, its content, or our Listings and Services;

15.1 For any unlawful purpose,

15.2 To solicit others to perform or participate in any unlawful acts,

15.3 To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

15.4 To infringe upon or violate our intellectual property rights or the intellectual property rights of others,

15.5 To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,

15.6 To submit false or misleading information,

15.7 To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,

15.8 To collect or track the personal information of others,

15.9 To spam, phish, pharm, pretext, spider, crawl or scrape,

15.10 For any obscene or immoral purpose, or

15.11 To interfere with or circumvent the security features of the Listings or Service or any related website, other websites, or the Internet.

15.2 We reserve the right to terminate your use of the Listings and Service or any related Website for violating any of the prohibited uses.

16. Privacy

16.1 All Users are obliged to read and understand the Company’s Privacy & GDPR Policy and Disclaimer.

17. Warranties

17.1 The User warrants that they have sufficient permission for all Listings.

17.2 The Company warrants that:

17.2.1 It shall provide the Listings and Services,

17.2.1.1 in accordance with the Terms and Conditions set out herein,

17.2.1.2 in accordance with all applicable laws, regulations and statutes,

17.2.1.3 With reasonable care and skill, and

17.2.1.4 In accordance with generally recognised commercial practices and standards;

17.3 The Company does not endorse or condone the opinions and views of any Listing or third party, developer, subcontractor or agent, nor shall they be considered the opinion, view or position of the Company.

17.4 These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

18. Indemnity

18.1 You agree to indemnify, defend and hold harmless the Company and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

18.2 Users will indemnify and hold the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of the User’s breach of this agreement or violation of any law or the rights of any party.

19. Notice

19.1 Any notice given under these Terms shall be by mail and/or email, which are our only accepted official forms of communication from you.

19.1.1 If you choose to contact us by any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner or at all.

19.1.1.1 As such, we will not be liable for any damages that may arise from your failure to contact us through our accepted communication channels.

19.2 A notice is deemed to have been received:

19.2.1 If delivered personally, at the time of delivery;

19.2.2 In the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class prepaid post or by personal delivery before the end of the next Business Day,

19.2.2.1 All e-mail notices shall be sent to: [email protected]

19.2.3 In the case of prepaid first-class post, recorded delivery or registered post, 48 hours from the date of posting,

19.2.4 In the case of registered airmail, five days from the date of posting, or

19.2.5 If deemed receipt under the previous paragraphs of this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.

19.2.6 We will use the email you provided to communicate with you, and we ask that you check your email account frequently. At least weekly is recommended for important communications.

19.2.7 We cannot accept responsibility if you miss an important deadline or suffer other disadvantages because you do not check your email or mail.

20. Confidentiality

20.1 Each party shall protect the Confidential Information of the other party and all other Customers against unauthorised disclosure by using the same degree of care it uses to preserve and safeguard its own confidential information of a similar nature, and in any event at least a reasonable degree of care.

20.2 Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.

20.3 The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:

20.3.1 Is or has become publicly known other than through breach of this clause;

20.3.2 Was in possession of the receiving party prior to disclosure by the other party;

20.4 Was received by the receiving party from an independent third party who has full right of disclosure;

20.4.1 Was independently developed by the receiving party; or

20.4.2 Was required to be disclosed by governmental authority.

21. Warranty

21.1 We do not guarantee, represent or warrant that your use of our Listings or Services will be uninterrupted, timely, secure or error-free.

21.2 We do not warrant that the results obtained from the use of our Listings or Services will be accurate or reliable.

21.3 You agree that from time to time we may remove Listings or Services for indefinite periods or cancel any Listing or Service at any time without notice to you.

21.4 In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Service or any Listing, or from any other claim related in any way to your use of the Service or any Listing, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or listing) posted, transmitted or otherwise made available via the service, even if advised of the possibility of such damages.

21.4.1 As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

22. Liability

22.1 The Website is not responsible for the actions or words of any user. All Users are obliged to read and understand the Company’s Disclaimer and Privacy Policies.

22.2 Those involved in the Website, Listings or Services accept no responsibility for any misrepresentation by any person of the information contained on this Website and expressly disclaim all liability and responsibility to any person, whether or not they are a reader, for injury, claims, losses, damage, death or any other matter, whether direct or consequential, arising out of or in relation to use of, or reliance on, any information contained on or service referred to on the Website.

22.3 The Company provides information sourced from a wide variety of third-party individuals, companies and organisations. The Company’s use of this information should not be construed as sponsorship, endorsement or approval of such organisations. The Company also provides links to external third-party websites. By providing such links, the Company does not accept responsibility for or endorse the content of any Listing or linked site. In no event shall the Company be held liable for any damages, including without limitation damages for loss of data or profit, or due to business interruption, arising out of the use of information on the Company’s website, even if the Company or a Company-authorised representative has been notified orally or in writing of the possibility of such damage.

22.4 Nothing in these Terms shall operate to exclude or limit either party's liability for:

22.4.1 Fraud or,

22.4.2 Any other liability which cannot be excluded or limited under applicable law.

22.5 Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

22.6 Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the Customer to the Company under these Terms, or such other amount as may be set out in the Specification.

23. Intellectual Property

23.1 You must acknowledge and agree that the Website, and all Listings and Services that may be used, contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Except to the extent expressly permitted by applicable law or by the Company or any applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Company, any documents, Listings, Services or the Website, in whole or in part.

23.2 You must acknowledge, understand and agree that all company names, websites, documents, Listings, Services, trademarks, copyright, trade names, service marks, logos and other brand features within the Website, as well as any service names, are trademarks and shall remain the property of the Company or the respective individual or legal entity. You must not display or use the Company’s or Website’s logos or marks in any manner without obtaining the Company’s prior written consent.

23.3 Unless otherwise stated, the Company (or its licensors) own all intellectual property rights in the Services and in all Services it provides to the Customer. Use of these Services is permitted only where expressly authorised by the Company as set out in these Terms.

23.4 The Customer shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Customer provides infringes the Intellectual Property Rights of a third party.

23.5 The indemnities within this Clause are subject to the following conditions:

23.5.1 The indemnified party promptly notifies the indemnifier in writing of the claim;

23.5.2 The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;

23.5.3 The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and

23.5.4 The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.

24. Errors, Inaccuracies and Omissions

24.1 Occasionally, information on our Website, Listings or Services may contain typographical errors, inaccuracies or omissions that relate to our Listings and Services, descriptions, pricing, promotions, offers or booking availability.

24.1.1 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website, Listings or Services, or on any related website, is inaccurate at any time, without prior notice, including after you have submitted your order.

24.2 We undertake no obligation to update, amend or clarify information in the Listings, Services or on any related website, including without limitation pricing information, except as required by law.

24.2.1 No specified update or refresh date on our Listings, Services or any related website should be taken to indicate that all information in our Listings or Services, or on any related website, has been modified or updated.

25. Amendments

25.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.

25.1.1 It is your responsibility to check our website periodically for changes.

25.1.2 Your continued use of or access to our website or the Listings and Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25.2 You should check these Terms from time to time to ensure that you are happy with any changes.

25.3 This policy is effective from May 2020.

25.4 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.

25.5 The User acknowledges that no employee, subcontractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold under this agreement or these Terms of Sale, other than as contained in these Terms or as confirmed in writing by us.

26. Severability

26.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

27. Entire Agreement

27.1 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

27.2 These Terms and any policies or operating rules posted by us on the Website, or in respect of the Listings and Services, constitute the entire agreement and understanding between you and us and govern your use of the Listings and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms.

27.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

28. Governing Law

28.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Cyprus.