| TERMS
OF USE
This
web site (the “Site”) is made available to you by French Property
Matters Limited (“FPM”) for information purposes only. You should
read these terms and conditions of use (“Terms of Use”) carefully
before using the Site. By accessing or using the Site, you agree
to be bound with FPM by these Terms of Use. No proposed variation,
amendment or changes to these Terms of Use are valid or have any
effect. If you do not agree with or accept any of these terms and
conditions, you are not authorised to use the Site and your sole
remedy is to cease using the Site immediately.
1 Background
FPM commenced operations as such in the United Kingdom in March
2004; it is a specialist company providing holiday rentals, letting
services, property management and new build services.
2
Availability
Whilst FPM makes every effort to ensure that the Site is available,
it does not represent, warrant or guarantee in any way that there
is continued availability at all times or of uninterrupted use by
you of the Site. Your use of the Site is at the sole discretion
of FPM. FPM may deny you access to the Site or any portion thereof
at any time, without notice and with or without cause. Further FPM
reserves the right to suspend or cease the operation of the Site
from time to time at its sole discretion. 3
Proper Conduct
You warrant that when using the Site
you shall not:
(1) resell or transfer any Content
(as defined in Section 4 below) of the Site;
(2) modify, falsify, or delete any
attributions, legends, marks, notices, or any other proprietary
designation of the origin or source of any material (including Content)
appearing on the Site;
(3) copy, transmit, reproduce, modify,
create derivative works of, distribute or in any way exploit any
information, content, component or other material obtained through
the Site (other than as expressly permitted by these Terms of Use);
(4) violate, attempt to violate or
assist, intentionally, negligently or otherwise, in any violation
of the confidentiality or security of any information provided to
FPM by other Site users;
(5) use any robot, spider, or other
automatic device, or manual process to monitor or copy the Site
pages or the contents contained therein without the prior, expressed
written permission of FPM.
The permission to use the Site granted
by this Agreement automatically terminates if you breach any of
the terms and conditions contained herein. Upon termination, you
must immediately destroy any downloaded or printed materials. As
described in Section 4 below, any unauthorised use of any Content
contained in the Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications statutes and
regulations.
FPM reserves its right to prevent you
from accessing the Site if you do not comply with any part of these
terms and conditions.
4
Intellectual Property Rights
All images, text, programs, and other materials and content (collectively,
the “Content”) provided on the Site is protected by law, including
copyright law and intellectual property rights laws. Any intellectual
property rights subsisting in the Content on the Site belongs
to FPM. All rights are reserved for the benefit of FPM. Nothing
in
these terms and conditions grants you any rights in the Site
or the Content contained therein.
You
are granted permission to display, copy, distribute and download
the Content on the Site for personal, non-commercial use only, provided
you: (i) keep intact all copyright and other proprietary notices;
(ii) make no modifications to the Content on the Site; (iii) do
not use the Content on the Site in a manner that suggests an association
with any products, services, or brands; and (iv) do not download
the Content to a database that can be used to avoid future downloads
from the Site. Except as stated herein, none of the Content may
be copied, reproduced, republished, downloaded, displayed, modified,
transmitted, licensed, transferred, sold or distributed by any means
or otherwise exploited in any manner, including but not limited
to electronic, mechanical, photocopying, recording or otherwise,
without the express prior written permission of FPM or it is clearly
indicated that any document or information may be downloaded and
used.
The
names, logos, taglines and other marks identifying FPM and its products
and services are proprietary marks of FPM. Any other trademarks
and service marks are the property of their respective owners. This
Terms of Use does not grant you the right to use any trademark,
service mark or logo appearing on the Site for any purpose whatsoever.
5
Content
As described in Section 6 below (Disclaimers), whilst FPM endeavours
to ensure that the information posted on the Site is accurate, FPM
does not represent, warrant or promise (whether express or implied)
that any information is or remains accurate, complete and up-to-date,
or fit or suitable for any purpose. Products and services referred
to on the Site will only be offered publicly in those jurisdictions
where it is lawful to do so and the Site is only directed at such
jurisdictions. You agree that you will make yourself aware of and
adhere to any restrictions there may be in your jurisdiction upon
any services referred to in the Site.
6
Disclaimers
YOU AGREE THAT ANY USE OF THE SITE
IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED
ON
OR WHICH MAY BE TRANSMITTED THROUGH THE SITE IS PROVIDED WITHOUT
GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT
WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED. FPM DOES NOT WARRANT THAT THE
SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED TO THROUGH THE
SITE, WILL
BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL
COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR
ANY
PURPOSE.
ANY AND ALL INFORMATION CONTAINED ON,
OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE INCLUDING THESE TERMS
AND CONDITIONS DO NOT CONSTITUTE OR FORM PART OF ANY OFFER OR INVITATION
IN ANY JURISDICTION TO ENTER INTO ANY AGREEMENT RELATING TO ANY
INVESTMENT WHATSOEVER, INCLUDING ANY OFFER. ANY
AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH,
THE SITE IS NOT TO BE REGARDED AS A RECOMMENDATION AND DOES NOT
PURPORT TO GIVE ANY ADVICE WHATSOEVER AND SHOULD NOT BE CONSTRUED
AS SUCH.
TO
THE FULLEST EXTENT PERMITTED BY LAW, FPM DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO:
(A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE;
(B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS,
OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE
SITE; (C) ANY WARRANTIES THAT THE SITE IS FREE OF VIRUSES, WORMS,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
7
Limitation of Liability
If you are accessing the Site from outside of the United Kingdom,
you are responsible for ensuring that your use of the Site is in
accordance with the laws of the country of your residence or the
jurisdiction from which you are accessing the Site. FPM disclaims
and excludes all liability howsoever arising and of whatsoever nature
to you in the event that your use of the Site is contrary to the
laws of the country of your residence or from which you are accessing
the Site. UNDER
NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL
FPM BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR
CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL
DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN
ANY WAY RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED
TO:
a)
YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON
OR THROUGH THE SITE;
b)
ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN
OR RELATING TO THE SITE;
c)
THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION
OR STATEMENT MADE ON THE SITE; OR
d)
ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.
For
the avoidance of doubt, FPM does not exclude or limit its liability
for death or personal injury arising from its negligence, for any
fraudulent misrepresentation made by FPM on the Site or for any
other statutory rights that are not capable of being excluded.
8
Hyperlinks and Third Party Sites
The Site may contain hyperlinks to web sites owned and operated
by parties other than FPM. Such hyperlinks are provided only for
your convenience. We do not control such third party web sites and
are not responsible for their contents. The inclusion of hyperlinks
on the Site does not mean that we endorse or approve of any third
party web site to which you may have access through the linked web
sites. We accept no liability for any information, products or services
contained in, or which may be linked to through, these third party
web sites or for any action you may take as a result of linking
to any such web site. Each of the web sites to which you may link
are likely to set forth specific terms and conditions of use that
you should review. 9
Indemnity
You agree to indemnify, defend and
hold harmless FPM, its directors, officers, employees, agents,
licensors,
independent contractors, providers, subsidiaries and affiliates
(collectively, the “FPM Indemnitees”) from and against any and
all claim, loss, expense, or demand or liability, including legal
fees
and costs, incurred by the FPM Indemnitees arising out of (i) any
claim by a third party relating to the posting, distribution, modification
or alteration by you of any content, or (ii) you use of the Site
in violation of these Terms of Use or in violation of any applicable
law.
You agree to cooperate with us as reasonably
required in the defence of any such claims. The FPM Indemnitees
reserve the right, at their own expense, to assume the exclusive
defence and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any such claim or
matter without the written consent of FPM.
10
Security
FPM takes appropriate technical and organisational measures against
unauthorised or unlawful processing of personal data and against
accidental loss or destruction of, or damage to, personal data.
However, although FPM takes appropriate measures to protect the
security of the information communicated through the Site, the Internet
is an open network that is not secure and there is an inherent risk
that any transmission via the Internet may be intercepted, modified,
misdirected, or not be delivered to the intended recipient. In addition,
there is also an inherent risk that information stored on a computer
connected to the Internet may be accessed without authorisation.
As no Internet-connected computer system can be made absolutely
secure from intrusion, FPM cannot and does not guarantee that others
have not modified information displayed on the Site without authorisation
or that information communicated by you to us will be received or
that it will not be altered before or after its transmission to
us. If you elect to use the Site to communicate with us, you do
so at your own risk. 11
Privacy Statement
You can visit the Site without revealing who you are or providing
any personal information about yourself.
As
described herein, FPM operates the Site for the purpose of providing
information concerning its providing of holiday rentals, letting
services, property management and new build services. FPM takes
the security of your personal information seriously and uses secure
servers and various other technological means available to assure
this. By using the Site, you consent to the processing of personal
information about you as described in this Privacy Statement and
you agree to the use of such data in accordance with all applicable
laws and regulations.
The
information that FPM collects on the Site consists of voluntarily
submitted personal information that is required to request information
through the Site. For example, in sending electronic correspondence
to us, you may provide us with personal information, such as your
name, e-mail address, physical address, telephone/fax number and
demographic information (such as, city, town and country, or any
other demographic information that you may submit). Any personal
information collected and stored is in a manner appropriate to the
nature of your request, as determined by FPM to respond to your
request. However, this information will not be collected without
your knowledge.
All
information you provide through the Site may be used to process
your inquiry or request; to comply with any law, regulation, audit
or court order; to help improve the Site or the products or services
that are offered; for research; to better understand our customers'
needs; and to develop new products. This information may be provided
to or shared with affiliates of FPM. Except as provided herein,
FPM will not share your personal information with any third party
without your prior consent. FPM does not currently sell, trade or
rent personal information to any third party without your prior
consent.
When
you visit the Site, FPM may collect usage information to help it
understand how the Site is navigated and used. This data does not
include any personal information about you and is used only to measure
and improve the effectiveness of the Site.
The
Site may use “cookies” to enhance your viewing experience.
A cookie is a tiny element of data that is sent to your browser
to be stored
on your hard drive so that FPM can recognise you when you return.
You may set your browser to notify you when you receive a
cookie or refuse cookies from all web sites, if you wish.
Please note,
however, that if you reject cookies it is possible that some
web
pages may not properly load, your access to certain information
might be denied or you might have to enter information about
you
more than once. 12
Remedies for Misuse
You agree that any unauthorised use of the Site or its Contents
may cause FPM immediate and irreparable harm for which money damages
may not constitute an adequate remedy. You further agree that injunctive
relief, in addition to any other remedies available, may be warranted
in order to enforce these Terms of Use. You further understand that
unauthorised use of the Site may expose you to civil and criminal
liability and that we may report violations of these Terms of Use
to and cooperate fully with the appropriate law enforcement authorities
concerning any violations hereof.
IN
ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE
THAT IN THE EVENT THAT YOU WILFULLY BREACH ANY OF THESE TERMS,
INCLUDING,
BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR COPYING,
MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE SITE
OR
CONTENT, THEN YOU SHALL BE LIABLE TO FPM FOR LIQUIDATED DAMAGES
IN THE AMOUNT OF £5,000 PER VIOLATION. IN NO EVENT SHALL
LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL
DAMAGES
OR ANY OTHER REMEDY.
13
General
FPM reserves the right to vary these terms and conditions from time
to time without notifying you. By continuing to use and access the
Site you agree to be bound by any variation made by FPM. It is your
responsibility to check these terms and conditions from time to
time to verify such variations. These
Terms of Use contains the entire understanding and agreement between
FPM and you in relation to your use of the Site and supersede and
replace any representation, statement or other communication (whether
written or otherwise) made by you or FPM, which is not contained
herein.
Should
a British court declare any part of these terms and conditions for
any reason invalid or unenforceable, it shall be deemed to be deleted
without affecting the remaining provisions.
14
Applicable Laws
These terms and conditions are governed and construed in accordance
with English laws. You hereby consent to the exclusive jurisdiction
of the English courts in all disputes arising out of or relating
to the use of the Site. Use of the Site is unauthorised in any jurisdiction
that does not give effect to all provisions of these Terms of Use,
including without limitation this paragraph. YOU
AND FPM WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO
A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE.
The
captions used in these Terms of Use appear solely for convenience
and such captions do not constitute any part of the Terms of Use.
Any
rights not expressly granted herein are reserved by FPM.
If
you have any questions about these Terms of Use, the operation of
the Site, or your dealings with us please contact us at:
French
property Matters Limited
Telephone: 0(044) 1189 700138
E-mail: info@frenchpropertymatters.co.uk
www.frenchpropertymatters.co.uk
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