| This website is
presented to you by Overseas Properties Ltd. (Reg. No. 356635).
You must read these terms and conditions carefully before using
this Site. By using this Site, you agree to be bound by these
terms and conditions.
1. DISCLAIMER
You acknowledge that:
1.1 The Site is for use by the general public to view listed
properties for sale or lease, and any other business purpose
determined by Overseas Properties.
1.2 The information and material contained in, or omitted
from, the Site is general in nature and may not apply to your
particular circumstances. The information should not be used
as a substitute for professional legal or financial advice
and you should seek professional advice with respect to any
transaction resulting from any Content or information on the
Site.
1.3 To the fullest extent permissible by law, Overseas Properties
excludes all warranties in relation to the Content and any
other information available from the Site and disclaims all
liability arising out of or consequent on:
(a) Any use of, reliance on, or access by you to, the Content
or any other information available from, or through, the Site;
(b) Any computer virus which occurs as a result of accessing
the Site or Content or other information available from the
Site; and
(c) Overseas Properties makes no warranties or representations
about the accuracy, performance, suitability, reliability,
completeness or preservation of any of the Content on this
Site, or on any pages or sites linked to this Site. Overseas
Properties does not represent that the Content on this Site,
or the server that makes it available, is error-free or virus-free
or that your access to the Site will be uninterrupted, nor
does Overseas Properties endorse any opinions expressed by
Members who use the Site or Services.
1.4 You access and use this Site, the Content and any other
information available on the Site at your own risk.
2. LIABILITY
Overseas Properties to the fullest extent permissible by law,
Overseas Properties is not liable to you or any other person
for any costs, expenses, loss, damage or liability directly
or indirectly suffered by you (including as a result of a
claim by a third party) as a result of your operation, use
or misuse of this Site, or by your reliance on any Content
or any other information available from or through the Site.
2.2 Overseas Properties acknowledges that, with respect to
this Site, legislation may imply certain conditions and warranties,
which may not be excluded, limited, restricted or modified
by any agreement. Except to the extent that these laws cannot
be excluded, Overseas Properties limits its liability to the
resupply of services (or paying the costs of having the services
resupplied), or the replacement or repair of goods (or payment
for the goods to be replaced or repaired).
3. INDEMNITY
You will at all times indemnify, and keep us and our officers,
employees and agents (Those Indemnified) indemnified, from
and against any loss (including legal costs and expenses)
or liability incurred by any of Those Indemnified (directly
or indirectly suffered) arising from any claim, demand, suit,
action or proceeding by any person against Those Indemnified
where such loss or liability arose out of, or in connection
with, or in respect of:
(a) Your reliance on the Site, the Content or any other information
on the Site, and the Member Services or Member Additional
Services; and
(b) Any breach of this Agreement by you or your employees
or agents;
4.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
4.1 You acknowledge that all Content on the Site, the Services
and the Additional Services are subject to copyright and possibly
other Intellectual Property Rights.
4.2 You must:
(a) Not yourself, or participate in or permit any other person
to sell, reproduce, distribute, modify, display, publicly
perform, prepare derivative works based on, transmit, repost
or otherwise use any of the Content in any way for any public
or commercial purpose without our prior written consent;
(b) Not reverse engineer any Content consisting of software;
or
(c) Not infringe the Intellectual Property Rights of any person
in using the Site, the Services or any Content.
4.3 Nothing you do on or in relation to the Site will transfer
any Intellectual Property Rights to you, or license you to
exercise any Intellectual Property Rights, unless this is
expressly stated.
4.4 You may reproduce any part of the Content of the Site
for your own personal use. However, if you do so, you must
acknowledge Overseas Properties’s copyright in that Content,
or any other holder of Intellectual Property Rights in that
Content and retain all markings, which indicate the origin
of the Content.
5. EXTERNAL
LINKS AND ADVERTISEMENTS
5.1 We have not reviewed the sites linked to this Site and
are not responsible for, nor do we endorse, the Content or
accuracy of any off-site pages or any other sites linked to
this Site (including without limitation sites linked through
advertisements or through any search engines). You must determine
whether any page is part of this Site each time you follow
a link to that site.
5.2 The links to external sites are provided only as a convenience
to you. The fact that Overseas Properties has such links does
not constitute sponsorship, approval, endorsement or recommendation
by:
(a) Overseas Properties of those external sites; or
(b) Those external sites of Overseas Properties or this Site.
5.3 Nothing in this agreement grants, or purports to grant,
to you any Intellectual Property Rights in any external sites.
Your correspondence or dealings with, or participation in
promotions of, advertisers on the Site are solely between
you and such advertisers. We will not be liable or responsible
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of advertisements
on the Site.
6. PRIVACY
6.1 In using the Site and the Services, we may collect Personal
Information about you. You authorise us to use and disclose
this Personal Information in accordance with our Privacy Policy.
7. ACCESS AND
PRESENTATION OF SITE
7.1 You acknowledge that we may, in our sole discretion:
(a) Vary the Site, Services, or the Content and any other
information available on the Site, or any part of them; and
(b) Modify or discontinue any part of the Site, the Content
or any other information available on the Site.
7.2 We may, without notice, deactivate all or part of the
Site or the Services to carry out system maintenance, upgrading,
testing or repairs.
8. GENERAL PROVISIONS
8.1 Overseas Properties may at any time amend these User Terms
and all related Attachments, by Posting the amended terms
or attachments on the Site. By continuing to access to the
Site after any of the amendments have been Posted you agree
to be bound by the amended User Terms or other amended terms
or attachments as may be applicable.
8.2 If any part of this agreement is held to be unenforceable,
the unenforceable part must be given effect to the greatest
extent possible and the remainder will remain in full force
and effect.
8.3 This agreement is governed by the laws of the United Kingdom.
You irrevocably submit to the non-exclusive jurisdiction of
the courts of the United Kingdom.
9. DEFINITIONS
In these terms and conditions:
Agents mean the people you have authorised to use the Services,
Additional Services or Site on your behalf.
Applicable Law in relation to any person, action or thing,
means:
(a) Any law, rule or regulation of any country (or political
sub-division of a country) and any obligation under any licence
in any country (or political sub-division of a country); and
(b) Any lawful and binding determination, decision or direction
of a regulator in any country (or political sub-division of
a country).
Site means the Internet website with its homepage located
at Overseas Properties – www.overseasproperties.com
Content means any things that you may see, Post, read, hear,
download or access on or via the Site including but not limited
to messages, files, data, software, images, photographs, illustrations,
text and other materials.
User Terms means the terms and conditions of use for Users
which are Posted on the Site from time to time.
Intellectual Property Rights means any and all intellectual
and industrial property rights throughout the world including
rights in respect of or in connection with any confidential
information, copyright (including future copyright and rights
in the nature of or analogous to copyright), moral rights,
inventions (including patents), trade marks, service marks,
designs and circuit layouts whether or not now existing and
whether or not registered or registrable and includes any
right to apply for the registration of such rights and all
renewals and extensions.
Member Content is Content Posted by Members.
Membership Agreement means the terms and conditions which
apply to a person that has registered to use the Member Services,
and Member Additional Services.
Personal Information means information, recorded in any form,
about any identifiable individual, or from which it is reasonably
possible to identify the Member or User who are individuals.
It does not include information recorded in a publication
generally available to members of the public.
Post refers to the process in which Content is uploaded, posted,
emailed or otherwise electronically transmitted to the Site
or the Services.
Property means any French property (whether vacant or occupied).
Services means online information about the availability of
property throughout France for sale or lease or any other
business purpose determined by Overseas Properties from time
to time.
Site means the Internet Website with its homepage located
at - www.overseasproperties.com
User means a person who accesses the Site to use the Content
and functions, which do not require registration, membership
or payment to Overseas Properties to access.
We or us means Overseas Properties Ltd (Company Registered
in England)
You or your means you as a User, as applicable, including
your agents, employees and any other party authorised to act
on your behalf.
|
