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Terms of Use

Last Updated Date: March 22, 2021

These Terms of Use (“Terms”) govern your access and use of www.maltapropertyauctioneers.com (the “Site”) and any other social media applications, interactive features or other resources controlled by Malta Property Auctioneers Ltd, allowing you to view, discuss and learn about properties available for auction (the “Services”), and constitute a binding legal agreement between you and Malta Property Auctioneers Ltd.

Please read carefully these Terms and our Privacy Policy, which is available at www.maltapropertyauctioneers.com.

By using the Site, you agree that you have read, understand and agree to be bound by these Terms. If you do not agree to the Terms below, please do not use the Site.

 

Key Content-Related Terms

Content means text, graphics, images, music, software, audio, video, information or other materials that MPA makes available through the Site or Services, including any Content licensed from a third party.

User means an individual who accesses or visits the Site, whether or not such individual registers via the Site to access the MPA bidding platform and related documentation.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. Should there be a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content, as applicable.

Please be aware that if you decide to place a bid on a property featured on the Site and Services, you will be required to register as Bidder via the Site. In order to become a Bidder and to place a bid, you will be presented with additional terms and conditions that govern the bidding functionality of the Site and Services, which you will be required to accept before placing a bid on any property featured on the Site and Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 
Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older. If, in your jurisdiction, the age of majority is above the age of 18, you must be above the age of majority in your jurisdiction to use these Site and Services.

 

Ownership

The Site, Services and Content are protected by copyright, trademark, and other laws of the Republic of Malta and foreign countries. You acknowledge and agree that all trademarks, service marks, logos, trade names and any other proprietary designations of Malta Property Auctioneers used herein are trademarks or registered trademarks of Malta Property Auctioneers. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

 
Licenses Granted by MPA

Subject to your compliance with the terms and conditions of these Terms, MPA grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any MPA Content solely for your personal and non-commercial purposes; and (ii) to view any Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MPA or its licensors, except for the licenses and rights expressly granted in these Terms.

 
User Responsibilities

By using the Site and the Services, you agree to abide by all applicable local, national, and international laws and regulations, in connection with your use of the Site, and acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk.

When posting information on the Site or through the Services, you warrant and represent that you either own or otherwise control all of the rights to the material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use.

You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the material you supply does not violate these Terms, and that you indemnify MPA, its affiliates, agents, co-branders or other partners and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms; (ii) any allegation that any user submission materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site in relation to user submissions.

 
User Restrictions

We grant you a limited access and make personal use of this Site only.

You are not allowed to:

  • Download or modify this Site, or any part of it, except with our express written consent. This access does not include any resale or commercial use of this site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its Content; any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools.
  • Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose without our prior written consent.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
  • Violate any applicable law or regulation.

MPA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with legal authorities in prosecuting users who violate these Terms. You acknowledge that MPA has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body

 

Account Security

You are wholly responsible for maintaining the security and confidentiality of your account and password. You are wholly responsible for any and all activities that are conducted through your account. Please notify us immediately of any unauthorized use of your account or any other breach of security. Although MPA has taken measures to ensure the confidentiality of communications and materials transmitted to or from the Site, please understand that data transmission can not be guaranteed to be 100% secure.

 

Account Cancellation

Should you decide to cancel your account, please notify us by sending an email to [email protected]

 

Account Termination

You agree that if you breach any of these Terms, MPA, in its sole discretion, and without prior notice may suspend or terminate your account or use of the Site, and remove and discard any content within the Site, at any time and for any reason. MPA reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause.

 

Privacy Policy

By accessing the Site, you agree that you are accepting the Privacy Policy of the Site available on www.maltapropertyauctioneers.com

 

Disclaimer

THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS PROHIBITED BY APPLICABLE LAW, WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE TO YOU FOR ANY AMOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

Limitation of Liability

MALTA PROPERTY AUCTIONEERS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY CONTENT CONTAINED ON THE SITE; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE; OR (VII) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MPA OR ITS LICENSORS, AFFILIATES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE. MPA SHALL ASSUME NO LIABILITY FOR ANY ERROR OR ISSUE IN THE SERVICE ARISING FROM A FAILURE, WHETHER TECHNICAL OR OTHERWISE, ARISING FROM ITS PAYMENT PROVIDER/GATEWAY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

Copyrights Policy

The Site contains copyrighted materials, trademarks, service marks, logos and other proprietary content, including, but not limited to, text, software, sound, photographs, images, videos and graphics (the “Content”). You are only permitted to use the Content as expressly authorized by MPA. Neither the Terms nor the use of the Site transfers rights, titles or interest in the Site or the Content to you. Third party licensors retain their respective Intellectual Property rights on and to the Site and Content. It is the MPA decision to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Owners, who believe that material appearing on the Site infringes on their rights may contact us. If you believe that any materials hosted by the Site infringe on your copyright, you or your agent may send a notice requesting that the material be removed or access to it be blocked.

 
Waiver of Class Action and Mandatory Arbitration

By using this Site and the Services, you agree that you expressly, irrevocably, and unconditionally waive any right to proceed in a class action or other representative capacity for any proceedings arising out of or relating to any disputes with MPA.

By using this Site and the Services, you agree that any and all disputes relating to these Terms, the Privacy Policy, or your registration to the Services, shall be resolved by binding arbitration in accordance with the rules of the The Malta Arbitration Centre before an independent arbitrator. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. The location of arbitration shall be Malta.

 
Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Republic of Malta. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the Courts of Malta and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Severability

The failure of MPA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

 

Modification

MPA reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. All changes to the Terms or the Privacy Policy will be effective when posted. We will also update the “Last Updated Date” at the top of these Terms. Your continued access or use of the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, will constitute your agreement to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that MPA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MPA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

 

Indemnity

You agree to defend, indemnify, and hold MPA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms.

 

Entire Agreement

These Terms and any additional terms and conditions presented to you governing the bidding functionality of the Site and Services constitute the entire and exclusive understanding and agreement between Malta Property Auctioneers and you regarding the Site, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Malta Property Auctioneers and you regarding the Site, Services and Content.

 

Feedback

You are welcome to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”), which you may send us by e-mail to: [email protected]  or via the contact us form. You agree and acknowledge that if you submit to us any Feedback, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Contact Information

Should you need to contact Malta Property Auctioneers for any reason regarding these Terms, please contact us by email at [email protected] or by mail at:

Malta Property Auctioneers Ltd

4, Giuseppe Cali Street

Ta’ Xbiex, XBX 1420

Malta

First Bid Hold Confirmation

Since this is your first time bidding on this Bidding Event, we need your authorization to hold €10,000 from your bank account. After the hold has been approved, you will be allowed to participate in this property Bidding Event.

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