The PELAGO REAL ESTATE website, referred to as “The Site” / “the Website”, located at www.pelagorealestate.com.mt is a copyrighted work belonging to JPND LTD, a company formed under the laws of Malta having official registration number C106561, referred to as “The Company”. Certain features of The Site may be subject to additional guidelines, terms, or rules, including but not limited to the Privacy Policy and Cookie Policy which will be posted on The Site in connection with such features. By making use of The Site or the services of the Company, you expressly acknowledge that you have read and understood these terms and conditions and that you hereby accept and agree to such Terms and conditions.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your use of The Site.
Subject to these Terms, The Company grants you a non-transferable, non-exclusive, revocable, limited license to access The Site solely for your own personal, non-commercial use. By using this Website, you are agreeing to remain solely responsible for all costs and expenses you may incur in relation to your use of the Website. The Company is real estate agency providing services related to rentals and/or sales of property whether for residential or commercial purposes. The Website shall promote, display, provide information, links, and leads in terms of such possibly available property/ies, allowing users to contact representatives of the Company through the Website for the engagement of the Company for the provision of real estate agency services against a fee and/or commission as the case may be.
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By using our Website you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that is in any way unlawful.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:
[a] you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit The Site;
[b] you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of The Site;
[c] you shall not access The Site in order to build a similar or competitive website; and
[d] except as expressly stated herein, no part of The Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of The Site shall be subject to these Terms. All copyright and other proprietary notices on The Site must be retained on all copies thereof.
The Company reserves the right to change, suspend, or cease The Site with or without notice to you. By using this Site, you approve, agree and accept that The Company will not be held liable to you or any third-party for any change, interruption, or termination of The Site or any part thereof.
The Company shall do its utmost to maintain the Site to the best of its abilities and circumstances. However, you agree that The Company will have no obligation to provide you with any support in connection with The Site.
Excluding any User Content that you may provide, you are aware that all the information, data, material, content and all other published material shall constitute the property of the Company, and therefore the User accepts that all intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets published on The Site and its content are owned by The Company or The Company’s suppliers. Note that these Terms and access to The Site do not give you any rights, title or interest in or to any intellectual property rights, except as otherwise provided for in these terms and conditions The Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links and Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links and Ads are not under the control of The Company, and The Company is not and shall not be responsible for any Third-Party Links and Ads. The Company provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads. You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Every user of The Site is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that The Company shall not be responsible for any loss or damage incurred (in any manner whatsoever) as the result of any such interactions or as a result (whether direct or indirect) of any User Content. If there is a dispute between you and any user of The Site, we are under no obligation to become involved.
You hereby release and forever discharge The Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, The Site.
Like any other website, Pelago Real Estate and the Site use ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimise the users’ experience by customising our web page content based on visitors’ browser type and/or other information.
The Site is provided on an ‘as-is’ and ‘as-available’ basis. The Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that The Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. In the event of any applicable law requiring any warranties with respect to The Site, all such warranties are expressly limited in duration to ninety [90] days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall The Company or our suppliers be liable to you or any third-party in any manner whatsoever for any lost profits, potential loss of profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use The Site even if The Company has been advised of the possibility of such damages. Access to and use of The Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Subject to this Section, these Terms will remain in full force and effect while you use The Site. We may suspend or terminate your rights to use The Site at any time for any reason whatsoever, without any prior notice and at our sole discretion, including for any use of The Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use The Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms & Conditions will remain in effect and survive such termination.
All users of The Site agree and shall be obliged to respect and abide by all intellectual property regulation, inclusive of observance of any Copyrights on The Site. In connection with The Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of The Site, unlawfully infringing the copyright[s] in a work, and wish to have the allegedly infringing material removed, please provide:
All such communication with regards to any alleged potential or assumed Copyright infringement should be made to: XXXXXXX@….com
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on The Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty [30] calendar days following our dispatch of an e-mail notice to you or thirty [30] calendar days following our posting of notice of the changes on The Site. These changes will be effective immediately for new users of The Site. Continued use of The Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
By using our Website, you are agreeing and consenting to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, inclusive of legal fees and expenses, arising out of any breach of these Terms and Conditions by you or by any other person accessing the Website using your account and/or your personal information.
To the extent allowed by all relevant local and international legislation we are hereby excluding all warranties of any kind, whether express or implied, in relation to the products and services offered by us.
We will not be liable, in contract, tort or otherwise out of or in connection with these Terms and Conditions, for any economic losses of any kind, or for any loss of goodwill or reputation, or for any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
The above are to be deemed a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Our failure to exercise any right given to us by means of the present Terms and Conditions, or to insist upon strict compliance by you with any obligation as found herein, and no custom or practice as may be adopted by the us shall be deemed to constitute any waiver of our rights under the Terms and Conditions. Waiver by the use of any particular default by you shall not affect or impair our rights in respect of any subsequent default of any kind by you nor shall any delay by or omission on our part to exercise any rights arising from any default by you affect or impair the our rights in respect of the said default or any default of any kind.
If any item or provision contained in these Terms and Conditions or any part thereof (in this Clause called the “offending provision”) shall be declared or become unenforceable, invalid or illegal for any reason whatsoever the other Terms and Conditions shall remain in full force and effect as if these Terms and Conditions had been executed without the offending provision appearing herein.
All conditions, rights or obligations found in these Terms and Conditions shall be construed as express resolutive conditions, and hence any violation of such will lead to an ipso iure absolute forfeiture of your rights under these Terms and Conditions, bringing about the dissolution and the termination of the same in our favour but without prejudice to the payment of any damages, or any other monies or receivables which may be due to us by you.
It is hereby agreed that these Terms and Conditions are the sole source of the both our and your respective rights and obligations and that these supersede and have supremacy over any other agreement, verbal or otherwise, which is already in existence or which may be made.
Nothing in these Terms and Conditions shall be deemed as negatively impacting your rights under all applicable domestic and international laws
These Terms & Conditions shall be interpreted and construed in accordance with Maltese Law, and the Users of This Site submit to the exclusive Jurisdiction of the Maltese Courts and Tribunals.
Before either party may seek to make a claim in the Courts of Tribunals, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief for the purposes of attempting to settle any claims amicably. A Notice to The Company should be sent to: 158 Triq Il-linja, Attard, Attard Atd 1234, Malta. After the Notice is received, you and The Company may attempt to resolve the claim or dispute informally. If you and The Company do not resolve the claim or dispute within sixty [60] days after the Notice is received, either party may begin official Court/Tribunal proceedings.
All claims and disputes within the scope of these Terms & Conditions must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of legal proceedings shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of these Terms & conditions are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
This Agreement will survive the termination of your relationship with Company.
Nonetheless the foregoing, either you or The Company may bring an individual action in small claims court.
The communications between you and The Company shall be by electronic means, whether you use The Site or send us emails, or whether The Company posts notices on The Site or communicates with you via email. For contractual purposes, you [a] consent to receive communications from The Company in an electronic form; and [b] agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it be in a hard copy format.
These Terms constitute the entire agreement between you and us regarding the use of The Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word ‘including’ means ‘including without limitation’. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to The Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without The Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
We care about your privacy. For all terms and conditions regarding our privacy policy, please read our Privacy Policy as published on our website.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on The Site are the property of The Company, or the property of other third-parties assigned by The Company. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Address: 158 Triq Il-linja, Attard, Attard Atd 1234
Email: [email protected]