Terms Of Service

TERMS OF SERVICE

 

GENERAL

These Terms of Service (hereafter referred to as ‘Terms’) relate to the website www.pricedtosell.properties including each section and subsection Website (hereafter collectively referred to as the ‘Website’). In the context of these Terms, the term ‘Service’ shall be understood to refer to, the Website and all the functions available and which may, from time to time, be made available including on the Website as well as any information published thereon by the Administrator of the Service.

Please read these Terms very carefully. By registering, accessing, or making use of the Website in any way you will be construed to have unequivocally and unreservedly agreed to these Terms in their entirety.

 

ADMINISTRATOR OF THE WEBSITE AND SERVICE

Administrator name: Neil Caruana
Address: 18, Triq Daniel Sammut, Lija LJA1312
Contact email address: info@pricedtosell.properties
VAT No: MT15971415

 

DEFINITIONS

–       ‘Buyers’ Service’ shall refer to that service intended for Prospective Buyers to receive newsletters showing Listed Properties matching their search criteria, with the aim of finding appropriate immovable property to purchase.

–         ‘Delist’ shall mean the removal of the advertisement, listing and, or other information relating to a Listed Property from being publicly available on the newsletter, Website, Service or any part thereof.

–         ‘Parties’ shall collectively refer to the Prospective Buyer and the Seller.

–         ‘Prospective Buyers’ shall refer to those individuals who are viewing and or otherwise inquiring about Listed Properties on the Website and shall include any individual who has registered with the Website and, or Service by supplying his contact information to the Administrator through the Website.

–         ‘Seller’ shall refer to individual intending to sell an immovable property by listing, uploading it or otherwise including it on the Website through the use of the Sellers’ Service.

–         ‘Sellers’ Service’ shall refer to the service which is available on the Website and which allows Sellers to list and consequently advertise their immovable property (hereafter referred to as the ‘Listed Property’)  by making them available for Prospective Buyers to view, enquire about and potentially, purchase.

–         ‘User’, ‘You’ and ‘Your’ shall refer to the reader of these Terms, user of the Website or of the Service or any part thereof, and shall include a Seller or Prospective Buyer.

Any reference in these Terms to the singular shall be construed to include also the plural, unless explicitly stated otherwise. Moreover, any reference to the masculine in these Terms shall be construed to include also the feminine, unless explicitly stated otherwise.

Neil Caruana (hereafter alternatively referred to as the ‘Administrator’, ‘Us’, ‘We’ or ‘Our’) owns all relevant exclusive property rights to the Website and Service, including but not limited to, the rights to the domain name of the Website, Service and its administration.

These Terms may be changed by the Administrator at any time by updating these Terms on the Website and notifying the Parties and, or other Users of such changes by email. In such cases, Your continued use of the Service after such changes will indicate your acceptance of these changes. Any changes to these Terms will enter into force in thirty (30) days after the publication of such changes. Any major and, or substantial changes to Your rights or obligations caused by any change to these Terms may require Your acceptance prior to your continued use of the Service. The latest version of these Terms are always available on the Website at: https://pricedtosell.properties/terms-of-service/.

Any individual (regardless of whether he is a Seller or a Buyer) making use of the Website and, or Services must unreservedly and unequivocally accept these Terms and all obligations relative to the Service he is making use of. For the sake of clarity, any individual making use of the Website, the Services or any part thereof shall be unequivocally and unreservedly subject to the terms, conditions and obligations contained in these Terms.

 

OVERVIEW OF SERVICES

There are two principal Services being offered on the Website: The Sellers’ Service and the Buyers’ Service, as defined above. The Website and any Service available thereon are intended for the viewing and eventual sale of immovable property. The Website is a platform whereon Sellers can list and advertise immovable property to which they a title of ownership and which they intend on selling, and where Prospective Buyers can look for properties which fit their requirements. The Website and Services are not intended to be used by Users for any purpose other than those catered for in these Terms.

 

THE SELLERS’ SERVICE

The Seller:

(a)   agrees that, he shall use the Services in good faith and only for the intended purpose as envisaged in these Terms;

(b)   agrees that if he enters into any contract, arrangement, agreement or sets any appointment with the Prospective Buyer and, or the Administrator, he shall do so in a manner which is in line with these Terms;

(c)   agrees to pay the Administrator a fee (as applicable at the time) as a consideration for listing the property on the newsletter that is sent to the Administrator’s subscribers;

(d)   agrees to advertise the Listed Property on the Administrator’s newsletter and guarantees that the price listed with the Administrator’s service is the lowest the property has been advertised for the 30 (thirty) days following the listing of the Listed Property.

(e)   shall ensure to make the Listed Property available to Prospective Buyers for open viewing at a time which is convenient, and provide equal opportunities for viewing to all subscribers until the promise of sale has been entered into;

(f)    acknowledges that, a Listed Property will be included in one edition of the newsletter;

(g)   guarantees that:

a.     he has legal title of ownership of each Listed Property which he has personally listed, uploaded or otherwise included on the Website; OR

b.     he is an individual acting on the owner’s behalf and with the property owner’s knowledge and prior consent (such as, for instance, a co-owner of the Listed Property or a relative of the property owner); OR

c.     he is a real estate agent listing the property on behalf of the property owner with the property owner’s knowledge and prior consent.

(h)   guarantees that should he be found to have listed a property in regards to which none of the three criteria in clause (g) subsist, the listed property shall be deemed by the Administrator to be an Unlawfully Listed Property (hereafter ‘Unlawfully Listed Property’). A Seller which has been deemed by the Administrator to have the unlawfully listed a property shall be liable to pay the Administrator a fine of €3000 (three thousand Euros)  for each such Unlawfully Listed Property. Payment of the fine envisaged in this paragraph (g) does not preclude any legal action for damages caused to the Administrator, the Prospective Buyer or any other individual. Any Unlawfully Listed Property may be Delisted at the unilateral discretion of the Administrator and without any prior notification to be made to the Seller;

(i)    shall, notwithstanding anything else agreed with the Administrator or with the Prospective Buyer, indemnify the Administrator and hold the Administrator harmless from and against all claims, damages, losses, fines or other expenses whatsoever arising from any breach or default in the performance of any legal or contractual obligation(s) on the Sellers part to be performed under these Terms and from and against all reasonable costs, advocates’ fees, expenses and liabilities incurred in the defence of any claim or any action or proceeding brought thereon.

 

THE BUYERS’ SERVICE

The Prospective Buyer:

(a)   agrees that, he shall use the Services or any part thereof in good faith and only for the intended purpose as envisaged in these Terms;

(b)   agrees that if he is to enter into any contract, arrangement, agreement or is to set any appointment with the Seller and, or the Administrator, he shall do so in a manner which is in line with these Terms;

(c)   shall, notwithstanding anything else agreed with the Administrator or between the Parties, indemnify the Administrator and hold the Administrator harmless from and against all claims, damages, losses, fines or other expenses whatsoever arising from any breach or default in the performance of any legal or contractual obligation(s) on the Prospective Buyer’s part to be performed under these Terms and from and against all reasonable costs, advocates’ fees, expenses and liabilities incurred in the defence of any claim or any action or proceeding brought thereon.

The Administrator reserves the right to Delist any Listed Property for any reason which it may deem fit without the need to notify the Seller or to provide such reason to the Seller or any other User. The Administrator also reserves the right to ban any User from the use of the Services or any part thereof for any reason which the Administrator may deem fit. In the case of a User being banned by the Administrator, the Administrator shall not be bound to give the banned User any reason for taking such action.

The Parties agree to hold the Administrator harmless from and against all claims, damages, losses, fines or other expenses whatsoever arising from any contract, agreement or arrangement, whether verbal or written, which they have entered into between them, with or without having used the Website, Service or any part thereof.

The Parties acknowledge that any personal data (as understood under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – (the ‘GDPR’)) which the Administrator may process will be processed in line with the relevant laws as outlined in the Administrator’s Master Privacy Policy, as may from time to time be updated and which is available at: https://pricedtosell.properties/privacy-policy/

 

JURISDICTION

These Terms shall be governed by and construed in accordance with the Laws of the Republic of Malta. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Maltese courts.