Terms of Use
Definitions
Unless the context otherwise requires, any word, term or expression used in these Terms of Use shall be construed according to its ordinary meaning. With the exception to the following:
Use of Services
Use of the Services provided by the company’s website shall be conditional on agreeing to observe the following Terms of Use. Use of the Services entails your voluntary agreement to be bound by these Terms of Use.
Use of the Services shall be conditional on having access to the internet, either directly or indirectly. Payment of any fees associated with the said access shall be the responsibility of the User, who shall also be responsible for providing all the necessary equipment to connect to the internet, in any form.
Proper Use of Services
Users shall use the Services only for lawful purposes and in particular they are prohibited from:
- Using any obscene, threatening, menacing, offensive, or defamatory materials as such are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right, or otherwise unlawful when making use of the Services;
- Impersonating or misrepresenting affiliation with a person or entity;
- Utilizing the Services to cause users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Using the Services to knowingly or negligently transmit any electronic material that may be detrimental and/or cause any sort of damage or malfunction to the computer system of the Company or of any other User or third party; and
- Collecting or storing the personal data of other users or third parties
Any breach of the aforementioned initiates the immediate termination of your use of the Services.
Disclaimer of Warranties
No warranty is offered when it comes to the accuracy, content, completeness, legality, reliability or operability or availability of information or material made available to and/or by Users. Also, warranties won’t be offered concerning the correction of communication, presentation or display of the information made available to and/or by Users.
Any warranty whatsoever related to the Services and in particular does not offer any warranty for specific purposes and non-infringement of proprietary rights, including intellectual property rights.
No warranties will be granted pertaining to the integrity and correctness of the information of services advertised both on the website and through sites linked as well.
Particularly, with regards to immovable properties that may be advertised on the website, any responsibility as to its peaceful possession, title thereto, structural integrity, general conditions and surroundings, and any other condition that may attract liability will be disclaimed completely.
Responsibilities for any damages that may be incurred by users making use of the services nor the responsibility for any improper use of users’ personal data will also be disclaimed.
Limitation of Liability
Under no circumstances shall the Company be held responsible for damages of any kind whatsoever to any user.
Content
The Company will not be responsible for any content displayed on or any content linked to the website. Neither will the Company make representations concerning any effort to review content and shall not be held responsible for the accuracy, copyright or trademark compliance or legality of any content.
Intellectual Property
All rights, including copyright, of the website’s content are owned or controlled for these purposes. Users may only download the content for personal and non-commercial use.
Without written permission, users aren’t allowed to copy, broadcast, download, store (in any medium), transmit, show or play in part or in whole, adapt or change in any way the content for any other purpose whatsoever.
Changes in Terms of Use and Service
From time to time, the Company reserves the right to change, alter or modify the Services for any reason, and notice, extending to the right of terminating the services offered by the Company. Also, the Company further reserves the right to change, alter or modify the present Terms of Use without prior notice.
Privacy
The Privacy Policy of the Company as stated hereunder shall not apply vis-à-vis such data and/or information as a User may disclose to another User.
Governing Law
All disagreements, issues or disputes arising from or related to the use of the Services and/or to the application, interpretation or construction of these Terms of Use will be resolved amicably.
If no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration Act (Cap. 387 of the Laws of Malta). The sixty days shall start to run from when either the Company or the User formally notifies the other party in writing of the existence of a disagreement, issue or dispute.
Indemnity and Release
Users shall compensate the Company and its parents, subsidiaries, affiliated companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.
Users shall release the Company and its parents, subsidiaries, affiliated companies, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind whatsoever.
Modification of Service
The Company reserves the right at any time to time to modify or discontinue, temporarily or permanently, the services provided by the Company, in whole or in part, with or without notice.
The Company shall not be liable to any modifications, suspension or discontinuance of the Services by the User.
Violation of Terms of Use
Violations of these Terms of Use or any other rights of the Company entitles the Company to pursue any and all legal and equitable remedies against the responsible User including, without limitation, termination of the Services.
Failure by the Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms of Use.
In the event that a court decides, decrees, judges or in any other way considers that one or more rights or provisions set forth in these Terms of Use are invalid, the remainder of the Terms of Use shall be enforceable and, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.