Terms & Conditions Property Direct From The Owner SL
Introduction
propertydirectfromtheowner.com is the trading name of Property Direct From The Owner SL. Company Registration Number: B85522399
"Registered office address is Property Direct From The Owner, EBC Guadalpin, Blvd Principe Alfonso de Hohenloche, CN-340 km 179, 29600 Marbella, Malaga, Spain"
1 ACCEPTANCE OF TERMS
"1.1 In all following paragraphs, the terms 'you' and 'your' refers to the customer/advertiser/vendor."
"We/us/our/ours/The Company' refers to Property Direct From The Owner, the publisher of online advertising purchased by the customer and provided through the website network of Propertydirectfromtheowner.com or its partner sites."
"1.2 Your access to, and use of, propertydirectfromtheowner.com ('The Website') and any services ('The Services') referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use The Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions."
"By accessing and using The Services, you agree that you have read and understand the terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement these said terms as used on this web site propertydirectfromtheowner.com please read them carefully."
"You understand, agree and acknowledge that your use, and The Services provided to you, are exclusively governed by these Terms which cannot be modified by you."
1.3 We reserve the right to update or amend these Terms and Conditions at any time. Your continued use of The Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any such amendments.
"1.4 propertydirectfromtheowner.com is not, and does not, act as an estate agent. We simply allow private sellers or property owners to advertise properties on our web site to facilitate the selling or letting of the property advertised in the United Kingdom or Overseas."
2 OUR SERVICE TO ADVERTISERS
2.1 The rate payable for publication and transmission of any property For Sale or To Let within property for sale or for rent section of propertydirectfromtheowner.com web site shall be as follows that the Basic Package to advertise a property for sale or rent is £99 per property unless as otherwise agreed with you or is displayed on the web site or our marketing material including newsletters and adverts for a period of 12 months. The 12 month period begins on the date that payment is recieved by Property Direct From The Owner. The Exhibition Package to advertise a property for sale or rent on our website along with an A4 size laminated window card on the Property Direct From The Owner stand at our next exhibition is £175.
2.2 All fees related to advertising on the web site propertydirectfromtheowner.com are collected in GBP (pounds sterling) or Euros.
2.3 The payment is a one-off payment and relates to the placement of one advertisement only. (Discounts are available for multi-listings) for further details of listing multiple properties please see the website or contact us for further information: info@propertydirectfromtheowner.com
"2.4 The fee that is charged covers the set up cost of each property that is advertised on the web site as well as the cost of administration. Once the the details are uploaded and published to the web site propertydirectfromtheowner.com for a period in excess of 7 days, our service will be deemed to have been fully delivered, even though your advert and our customer support will continue until the chosen advertising package expires (12 months) or you sell or withdraw the property advertised. "
"2.5 Where we mention ""Until Sold"" we mean that the property will remain on our system and advertised until it's sold, withdrawn or 1 year has passed from the date the service was purchased. After which propertydirectfromtheowner.com will have the right to discontinue the advert which includes the re-advertising on partner sites however once the the details are uploaded and published to the web site propertydirectfromtheowner.com for a period in excess of 7 days, our service will be deemed to have been fully delivered,"
"2.5.1 Services that fall under the ""Until Let"" option have purchased a period for 1 year from the date of purchase, after which the advert will expire which includes the re-advertising on partner sites however once the the details are uploaded and published to the web site propertydirectfromtheowner.com for a period in excess of 7 days, our service will be deemed to have been fully delivered".
2.6 We reserve the right to refuse to publish any advertisement regardless of whether the advertisement has been accepted or previously published.
"2.7 We may require any alteration of an advertisement considered necessary or desirable as a prior condition of its publication, irrespective of whether such advertisement has been accepted or previously published."
2.8 We will only permit standard abbreviations. No hyperlinks or metatags may be included in any advertisements except with the prior consent of The Company.
"2.9 By placing your advert with us you are granting us a license, with a right to sub-license, to reproduce that advert (including in a modified form) as part of, or in association with, our service on any website or any other media controlled by us."
3 ADVERTISERS AGREEMENT
"3.1 You declare that you are the legal owner of the property with the sole right to sell or let the property, or that you have legal power of attorney on behalf of the property owner. If we discover that you are in actual fact an estate agent or not the owner of the property then we reserve the right to amend or remove the property details from www.propertydirectfromtheowner.com at any time.
3.2 You declare that you have obtained permission from the owner of any photographs used in the advertisement. propertydirectfromtheowner.com will not be held liable for breach of copyright. You agree to indemnify us in respect of any claims against us or expenses incurred by us in respect of any breach of copyright issues.
"3.3 By submitting your advert to us, you are agreeing that the advert should be published on the website."
"3.4 You declare that the advertisement is legal, decent, honest and truthful and that it complies with the British Codes of Advertising and Sales Promotion, with any other relevant codes of practice and with all requirements of current legislation."
3.5 You declare that nothing in the advertisement is defamatory or constitutes a malicious falsehood.
3.6 You declare that the publication of the advertisement will not infringe copyright or any other rights vested in a third party.
3.7 You declare that the advertiser has secured all necessary authorities and consents in respect of the use in the advertisement of any pictorial representations or other representations of (or purporting to be of) living persons and of references to any words attributed to living persons.
3.8 You agree to propertydirectfromtheowner.com publishing these details for you on the company's web site propertydirectfromtheowner.com or its partner sites.
3.9 You declare that the details supplied by you are TRUE and ACCURATE and not misleading in any way. Propertydirectfromtheowner.com does not take any responsibility for the accuracy of the information supplied and cannot be held liable.
"3.10 You declare that on receipt by Propertydirectfromtheowner.com of your payment, advertising of your property for sale or to let (the service) is to commence within 24 hours and once the the details are uploaded and published to the web site propertydirectfromtheowner.com for a period in excess of 7 days, our service will be deemed to have been fully delivered,"
"3.11 You declare that if you have a contract with an estate agent, you have independently checked your contract with the estate agent with regards to the terms and conditions of that contract, to determine whether or not you must pay the estate agents commission if the property is sold by you privately. If later it is found that you are legally bound to pay the estate agents commission, propertydirectfromtheowner.com will not be held liable."
3.12 You agree that only one property may appear in each advert listed on the web site propertydirectfromthewner.com
3.13 You agree that if you purchase a 'For Sale' or 'To Let' sign that you will assemble the sign and comply with the local planning authority regulations in the area where the property is advertised/to be sold/to be let.
3.14 You agree that Property Direct From The Owner SL will not be held liable for any form of indirect or consequential injury or damage caused by the For Sale / To Let sign.
3.15 You agree that you will be responsible for setting your own selling price or rental price of the property that is advertised.
3.16 You agree that we may edit or delete any descriptions or property details submitted.
"3.17 You agree that you will arrange and conduct viewings for the advertised property until sold or withdrawn and that you will remove or inform Property Direct From The Owner SL once the advertised property has been sold, rented or withdrawn."
4 REFUND POLICY
"4.1 We provide an advertising service rather than a physical product. We offer a cooling off period of seven days from making payment wherein an Advertiser may cancel the requested advertising by email to info@propertydirectfromtheowner.com or by use of the 'Contact Us' form on our site. You may cancel your subscription and recieve a full refund within the cooling off period of 7 days from payment if you change your mind and decide not to use our services. The only exception to the 7 day cooling off period is if you have paid to advertise your property at one of our exhibitions. If your property has been featured at one of our exhibitions then you will not be entitled to a refund whether you are still within the 7 days cooling off period or not.
4.4 Changes to pricing and conditions We reserve the right to change the rates and conditions without notice. Any new rates will be applicable immediately for all new advertisments and renewals for both new and existing Advertisers.
4.5 No refund will be made after 7 days of payment - once the 'cooling off' period has expired. * Once the the property details are uploaded and published to the web site propertydirectfromtheowner.com for a period in excess of 7 days, our service will be deemed to have been fully delivered, even though your advert and our customer support will continue until the chosen advertising package expires (12 months) or you sell or withdraw the property advertised. Continuance of services thereafter is deemed to be 'free of charge'.)
"4.6 Due to the nature of the internet, interruptions of service may occur as a result of circumstances beyond our control. We cannot guarantee uninterrupted error-free access to our website or the websites of our external advertising partners. Therefore, no refunds will be given for temporary or permanent loss of service however arising. This includes, but is not limited to, propertydirectfromthewner.com and any external websites used for advertising purposes. Our liability will be limited to a sum equal to the value of the advertising fee received, for whatever reason."
4.7 Property Direct From The Owner SL will not be liable to you in any respect in the event that the company ceases to trade for whatever reason.
4.8 Your statutory consumer rights are not affected.
5 Buyers - Browsers
"This section of the website has been set up so that private sellers or property owners can advertise and promote their respective properties for sale or rent using the Internet. YOU AGREE TO ONLY CONTACT A PARTY ADVERTISING ON THIS WEBSITE IF YOU HAVE A GENUINE INTEREST IN PURCHASING OR RENTING THE ITEM BEING OFFERED. YOU AGREE NOT TO CONTACT ANY PERSON FOR ANY OTHER PURPOSE SUCH AS OFFERING YOUR OR ANY THIRD PARTY'S, GOODS OR SERVICES OR OTHERWISE SEEKING TO SOLICIT BUSINESS IN ANY WAY."
6 COMPLAINTS - SELLERS AND BUYERS
Please contact us through our Customer Services Department: info@propertydirectfromtheowner.com or by telephone: 0034 952 885 358.
We will do our utmost to resolve the complaint to your satisfaction and in the shortest possible time
8 CHILD SUPERVISION
"We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to, and use of, The Website/Services should supervise such access and use. By allowing your child access to The Services you are allowing your child access to all of The Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personal information about yourself or your children via any of the Services."
9 PRIVACY POLICIES
9.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
9.2 We use a technology called 'cookies' as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
"9.3 When you build your advert on our web site, certain personal information and data will be captured and stored electronically on our company's database."
9.4 You choose what data will be part of the advert and published to both the propertydirectfromtheowner.com web site and our advertising partner's web sites which are then displayed to the general public.
"9.5 We may use this information to inform you of news, offers or products which we feel may be of interest to you. If at any time you decide that you would not like to receive this information you may 'opt out' by sending an email to info@propertydirectfromtheowner.com
9.6 If you would like to change any details held by propertydirectfromtheowner.com simply log in to your account at propertydirectfromtheowner.com or email us at info@propertydirectfromtheowner.com
"9.7 When you pay by credit or debit card on-line, we do not store your card details. We use Paypal to process your payment."
"9.8 We will not disclose or make use of your personal information for direct marketing activities, or supply this information to third parties for their direct marketing activities without your prior written consent"
"11 USER ACCOUNT, PASSWORD AND SECURITY"
"If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account, or any other breach of security. In no event whatsoever will propertydirectfromtheowner.com be liable for any indirect or consequential loss or damage resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder."
12 ACCEPTABLE USE
"12.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (""the Content""), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. propertydirectfromtheowner.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content."
12.2 In using the Website/Services you agree not to:
"12.2.1 Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;"
"12.2.2 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;"
"12.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;"
"12.2.4 Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;"
"12.2.5 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;"
"12.2.6 make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;"
"12.2.7 Collect or store personal information about others, including email addresses;"
"12.2.8 Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;"
12.2.9 Impersonate any person or entity for the purpose of misleading others;
12.2.10 Violate any applicable laws or regulations;
"12.2.11 Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;"
"12.2.12 Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);"
"12.2.13 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means."
"12.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable."
13 TERMINATION
"We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services."
14 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that propertydirectfromtheowner.com is not responsible for the content or availability of any such sites.
15 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
16 INTELLECTUAL PROPERTY RIGHTS
"16.1 The Website and its content (including without limitation, the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only."
"16.2 propertydirectfromtheowner.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty-free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services."
17 INDEMNITY
"You agree to indemnify and hold propertydirectfromtheowner.com harmless from, and against any, breach by you of these Terms and Conditions and any claim or demand brought against propertydirectfromtheowner.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by propertydirectfromtheowner.com in consequence of your breach of these Terms and Conditions."
18 DISCLAIMERS AND LIMITATION OF LIABILITY
Property Direct From The Owner SL ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR USE OF THIS WEBSITE UNLESS THAT LOSS COMES ABOUT AS A RESULT OF SOME FRAUD OR SERIOUS MISCONDUCT ON THE PART OF Property Direct From The Owner SL
"18.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an 'AS IS' and 'AS AVAILABLE' basis without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy."
"18.2 To the extent permitted by law, propertydirectfromtheowner.com will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services. In addition, any advertisements on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on this website or the company Property Direct From The Owner SL"
"18.3 propertydirectfromtheowner.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive."
18.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of propertydirectfromtheowner.com for death or personal injury as a result of the negligence of propertydirectfromtheowner.com
18.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
19 SEVERANCE
"If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable."
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