The definitions and rules of interpretation in this clause apply in this Agreement
1.1 “Business” means the continual marketing of all relevant goods and services.
1.2 “Business Day” any day (other than Saturday and Sunday) when the banks are generally considered open for business.
1.3 “Communication” means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device.
1.4 “Confidential Information” all Information, including all specifications, designs and drawings provided by the Company.
1.5 “Deliverable” a tangible or intangible object produced as a result of the project that is intended to be delivered to a Customer (either internal or external). A deliverable could be a report or a document relating to the Services and Listings.
1.6 “Industry Standard Practice” the Standard Business Practices within the specific Industry and within the Republic of Cyprus.
1.7 “Order”, “Ordering” means the process of purchasing a Service of the Company
1.8 “Services” means all services provided, sold and extended by the Company to Customers, including but not limited to, the service of providing an online order process via our Website.
1.9 “Customer(s)”, “User(s)”, “You”, “Your”, “They”, “Their” means any entity, including, but not limited to a business or natural person whom visits the website or purchases services or listings sold by the Company.
2.1 The Company provides Users with a range of real estate related marketing services as well as listing related to the Real Estate industry.
2.2 The Company offers the option for Users and Advertisers to advertising real estate on our Website, as developed by the Company, which are pursuant to these Terms.
2.3 All Content and Materials contained within this Website are for general purposes only.
3.1 The use of this Website is subject to the following terms;
3.1.1All content is for general use only.
3.1.2All content is subject to change without notice.
3.1.4 Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or 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, for which we shall not be liable.
188.8.131.52 It shall be your own responsibility to ensure that any Listing, Services or information available through this Website meet your specific requirements.
3.1.7 This Website contains material which may be either owned by or licensed to us.
184.108.40.206 This material includes, but is not limited to, the Listings and Services design, layout, look, appearance and graphics.
220.127.116.11 Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms.
3.1.8 All trademarks reproduced in this Website which 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 be a criminal offence.
3.1.10 From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
3.1.11 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Listings, Services or communicate with or any contact on the Website through which the Listing and Services are provided, without express written permission by the Company.
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 any event or circumstance resulting from any interaction with any Listing.
4.2 Residency Services,
4.3 General Information relating to Real Estate.
5.1 The User of the Website consist of individuals viewing the website for the purposes of researching real estate, gaining information on real estate or engaging in Services contained within our Listings.
5.2 Users have the ability to post their own real estate Listings at no charge.
5.2.1 A User is strictly limited to an individual person.
18.104.22.168 Registered legal entities, companies, corporations, developers and all those actively participating within the real estate industry are not classified as Users and shall follow the rules of Advertisers.
22.214.171.124.1 The Company has the 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 detail and information within a submitted Listing.
126.96.36.199 This information shall not breach any third party rights and must not be offensive.
5.2.3 All Photography provided for the purpose of Listing must be free of any type of Watermark
188.8.131.52 The Company shall embed all Photography submitted with the Company’s Watermark.
5.3 The Website is contingent upon the User agreeing to the following;
5.3.1 That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.
5.3.2 If you are a minor, you must provide the Company with written consent from your dependants allowing you to use the Website.
5.3.3 You understand that your content may be transferred unencrypted and involve;
184.108.40.206 A transmissions over various networks and,
220.127.116.11 Changes to conform and adapt to technical requirements of connecting networks or devices.
18.104.22.168.1 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 Service, or any contact any other legal entity on the Website, without express written permission by the Company.
5.3.5 You may not use our Listings or Services for any illegal or unauthorized purpose nor may you, 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 and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;
5.4.2 Ensure that such information, data and documentation is complete and accurate in all material respects; and
22.214.171.124 Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
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 that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
5.4.4 The User shall promptly notify the Company in writing if they believe, within reason that the Listing or Services do not comply with the specification set out on the website. (Error).
6.1 Advertisers include registered legal entities, companies, corporations, developers and all those actively participating within the real estate industry.
6.2 Advertisers wishing to submit, publish or participate within our Listings must contact the company and complete the necessary forms.
6.3 Advertisers shall pay a monthly fee dependent upon the amount of properties listed on the Website.
6.3.1 For further information, please contact us.
6.4 The Advertiser is responsible for all detail and information within a submitted Listing
6.4.1 This information shall not breach any third party rights and must not be offensive.
126.96.36.199 The Company has the full discretion to remove any listing it deems inappropriate and is under no obligation to provide a reason.
6.5 All Photography provided for the purpose of Listing must be free of any type of Watermark
6.5.1 The Company shall embed all Photography submitted with the Company’s Watermark.
7.1 We reserve the right to refuse, in our sole judgement, any Listing to anyone, for any reason at any time, without the need of prior consent to provide reasoning.
8.1 Users can book through our Website using the forms on our Website
8.1.1 The Website is not responsible for any bookings and these are the responsibilities of Third Parties who created the bookings and the User.
188.8.131.52 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 In the event that we make a change to or cancel an order, we will be notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
9.1 All prices of Listings and Services are available on our Website or available by contacting us.
9.1.1 All prices of Listings and Services are available on our Website or available by contacting us.
9.2 The User shall pay via the checkout method provided by the Website.
9.2.1 Upon checkout, the User shall pay to Company the Charges immediately
184.108.40.206 All Charges are exclusive of VAT, or as indicated within the specific Listing or Service.
9.3 We accept the following methods of payment for our Listings and Services, unless otherwise estipulated in these Terms;
9.3.1 Direct Deposit,
9.3.3 Credit Card;
220.127.116.11 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.
10.1 To cancel a Listing or Service, you must contact us in writing to inform us of you wish to cancel.
10.2 We do not provide refunds for cancellations unless otherwise estipulated in these Terms.
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 where you do not meet an important deadline or incur other disadvantages arising from non-accurate information provided by you to us.
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 and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and Listings, or any part thereof.
13.1 We utilize third-party providers for Listing and Marketing purposes and other purposes we deem necessary.
13.2 Our Listing and Services may be available on other third-party websites and social media websites.
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 carefully the third-party’s policies and practices and make sure you understand them before you engage in 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 immediately inform us.
14.1 If, at our request, you send certain specific submissions, for example contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
14.2 We are and shall be under no obligation to;
14.1 Maintain any Comments in confidence,
14.2 To pay compensation for any Comments or,
14.3 To 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 are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or 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 right.
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 in any way affect the operation of the Listings or Service 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 as to the origin of any comments.
14.5.1 You are solely responsible for any comments you make and 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 on this site, via email or post it on any of our social media profiles, then 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, on such page and in such position as we may determine in our sole discretion.
14.7.1 You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
14.7.2 We will never edit a testimonial in such a way as to create a misleading impression of your views.
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 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.
16.1 All Users are obliged to seek out, read and understand the separate Company, the Website Privacy & GDPR Policy and Disclaimer.
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,
18.104.22.168 In accordance with the Terms and Conditions set herein,
22.214.171.124 In accordance with any and all applicable laws, regulations and statute,
126.96.36.199 With reasonable care and skill, and
188.8.131.52 In accordance with generally recognised commercial practices and standards;
17.3 The Company does not endorse or condone the opinions and views of any of Listing or Third Party, developer, subcontractor or agent, nor shall they be considered the opinion, view or stance 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.
18.1 You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 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 Users breach of this agreement or violation of any law or the rights of any party.
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 via any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
184.108.40.206 As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via 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 pre-paid post or by personal delivery before the end of the next Business Day,
220.127.116.11 All e-mail notices shall be sent to: [email protected]
19.2.3 In the case of pre-paid 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 will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications
19.2.7 We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.
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 as it takes to preserve and safeguard their own confidential information of a similar nature, being 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.
21.1 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 that may be 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 of time 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Listing, or for any other claim related in any way to your use of the Service or any Listing, 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 the service or any content (or listing) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
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.
22.1 The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, Websites Disclaimer Policies and Privacy Policies.
22.2 All those involved in the Website, the Listings or Services do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained 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 use of this information by the Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in 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 web site, 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.
23.1 You must acknowledge and agree that the Website and all Listings and Services that may be used, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any Documents, Listings or Service or the Website, in whole or part
23.2 You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Listings, Services, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or Service and service names are trademarks and as such, are and shall remain the property of the Company or the respective individual or legal entity. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
23.3 Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all Services it provides to the Customer. Use of this Services are permitted only where expressly authorised by the Company as set out herein 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.
24.1 Occasionally there may be information on our Website, Listings or Services that contains typographical errors, inaccuracies or omissions that may relate to our Listings and Services and descriptions, pricing, promotions, offers, and 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 Websites, 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 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 applied in our Listings, Services or on any related website, should be taken to indicate that all information in our Listings and/or Service or on any related website has been modified or updated.
25.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
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.
27.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision
27.2 These and any policies or operating rules posted by us on the Website, or in respect to the Listings and Service, constitutes 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.
28.1 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.