TERMS AND CONDITIONS
1. Terms and Conditions
(a) “Us”, “our” and “we” refer to this website, or the owner of it, who is EXOTO (including any personnel and/or management of it). “EXOTO” means, the business name registered with the Registrar of Companies of the Republic of Cyprus under number 50414 and having its place of business at 32 Riga Feraiou, 3095, Limassol, Cyprus. “You” refers to you as the visitor or the customer or the user. This website means www.exoto.com.cy
(b) These terms and conditions refer to your use of this website and regulate the services offered by EXOTO to you.
(c) If you do not agree to these terms and conditions please do not use this website or do not accept these services. By using this website and/or these services it is agreed that you also accept these terms and conditions. These terms and conditions may be changed and/or amended from time to time and without prior notice. Hence, it is advised to check them periodically.
(d) These terms and conditions govern the relations between you and EXOTO.
(e) These terms and conditions are immediately accepted by you: (i) once you accept a service and/or services through this website; (ii) by using this website in any manner; and(iii) by acknowledging these terms and conditions.
(f) Registration to this website is considered to be an offer and once accepted by EXOTO constitutes a legally binding agreement between you and EXOTO which is governed by these terms and conditions. No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending confirmation email to you indicating that your order has been accepted.
(g) You are responsible for anyone that uses this website through your computer or internet connection.
2. Your obligations
(a) Pursuant to these terms and conditions you agree that:- (i) You will provide accurate, current, true and correct information any time you register to this website; (ii) You will maintain the security of your account (including your password and identification);(iii) You will maintain and update all information provided to EXOTO; (iiii) You will accept all risks associated with your registration to this website; and (v) You warrant that you are at least 18 years old and are legally capable of entering into legally binding contracts.
(b) You have the sole responsibility to keep your data protected.
(c) In connection with the registration process, you warrant and undertake that you:- (i) have the legal authority to bind the legal entity you are acting on behalf of and/or you are legally capable of entering into legally binding contracts;(ii) make true and correct allegation and correct any data if changes appear; and (iii) keep confidential the data of the account at all times provided that you should not communicate any information to any third party and you should immediately inform EXOTO for any loss, suspicion of misuse and/or theft.
(d) If your login details or passwords have been hacked you must notify us immediately at [email protected].
(e) All details given to you in relation to any passwords or login details must be kept confidential.
(f) If any terms and conditions are breached we will cancel your user login details and/or password.
(g) You agree not to engage in any activity which may harm EXOTO and/or other third parties.
(h) You agree not to post or otherwise communicate any false, inaccurate or misleading material or message of any kind.
(i) Your use of this website must comply with all applicable laws and regulations.
(j) You cannot use this website for the purpose of creating a product and/or service similar and/or competitive with the services provided herein.
(k) If for any reason, you do not agree with all and/or any of these terms and conditions you should immediately stop using this website.
3. Use of website & Intellectual Property
(a) Any information on this website is for your personal use only and must not be used for any distribution.
(b) All content on the website is protected by copyright laws.
(c) All content included on this website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of EXOTO, its affiliates or other relevant third parties. By continuing to use this website you acknowledge that such material is protected by applicable Cyprus and international intellectual property and other laws.
(d) You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on this website or unless given our express written permission to do so.
(e) Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
(f) You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on this website or unless given express written permission to do so by the relevant manufacturer or supplier.
(g) If your use this website inappropriately you are in breach of these terms and conditions.
(h) You are responsible for your own virus protection and appropriate fire wall for your computer as we cannot guarantee that this website is protected against bugs and hacking and EXOTO accepts no responsibility for any viruses that you may experience while using or browsing this website.
(i) These terms and conditions also apply to customers procuring services in the course of business.
4. Content and suspensions
(a) EXOTO reserves the right to remove any and/or all content that violates these terms and conditions.
(b) EXOTO has no responsibility towards you or any third party.
(c) You agree that you will not transmit, upload and/or host any content which is unlawful and/or promotes unlawful activities and/or is libellous, fraudulent, discriminatory, abusive and/or defamatory.
(d) Temporary service suspensions may arise which are due to changes, updates and/or adjustments. The website may become unavailable at any time. We give no warranty that this website will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
(e) We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
(a) In this website you can advertise items and/or products for sale such as real estate, furniture, vehicles, tools, job vacancies, clothes, footwear, health and beauty products and services and small pets (eligible and legal for purchase and selling).
(b) Only posts about real estate in the Republic of Cyprus are allowed.
(c) EXOTO is not in contact with the interested sellers or buyers nor with the interested tenants or landlords.
(d) Only owners of real estate, developers, agents, legal representatives of owners of real estate pursuant to a relevant Power of Attorney and first degree relatives of the owners or real estate can list real estate on EXOTO.
(e) EXOTO cannot arrange viewings of the listed properties.
(f) We will use our best endeavours to ensure that all the information provided through the advertisements is correct but we cannot guarantee that the information contained is accurate, comprehensive, verified or complete.
(g) We cannot provide any warranties nor give any representations as to the accuracy or reliability of any advertisement and we cannot accept nor assume any liability in relation to the content of any advertisement.
(h) Users are solely responsible for the truth and accuracy of the information they post on this website and specifically for:
- their personal information (including their name, age, profession and contact details);
- information concerning the advertisement of the real estate or of any item or of any product that they post about, promote and/or advertise; and
- being in compliance with the Cyprus laws and regulations in regards to real estate transactions and/or dealings.
(i) We are not responsible for any consequences that may result from any advertisement of any user and we reserve the right to refuse, delete and/or edit any advertisements that may be consider as unsuitable and/or inappropriate for us.
(j) We do not accept any liability for any reliance placed by any user regarding the information contained herein or for any deal, business or correspondence you may have with any other user of this website.
(k) We are the providers of this website and we operate as an advertising platform only.
(l) We do not act as property sales or lettings agency or licensed real estate agent.
(m) The information on this website is provided for informative purposes only and does not constitute or form part of any offer or invitation by us to sell or to rent real estate and it should not form the basis of, or be relied on in connection with or act as any inducement to enter into, any contract or commitment whatsoever with respect to any such real estate.
(n) The information supplied by third parties with reference to listing advertising properties are not guaranteed by EXOTO, validity need to be confirmed via contacting person/s or agents who listed the property. If at any time you may think that any listing is misrepresenting true facts or is misleading, then please report the listing to EXOTO.
(o) Your correspondence or business dealings with advertisers found on or through EXOTO, including payment of a deposit or any other amount in relation to the purchase or real estate or any item or any product, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
(p) Any form of fiduciary or estate agency relationship between us and the users, owners or real estate, developers and agents does not exist.
(q) We are not liable for any loss or damage which may arise in relation to a real estate transaction.
(r) We are not liable for any false or inaccurate information posted on this website.
(s) It is recommended to receive advice from a lawyer prior to proceeding to any transaction.
(t) You should independently ensure that the information in relation to the real estate you are interested in is true and correct. Any misrepresentation or misleading listings will be removed without notice. The interested buyers are advised to request title deeds of the property and/or a search from the Land Registry in order to establish, amongst others, the following:- the true owner of the property, the size of the property and whether the property has any mortgage or other charges.
(u) All enquiries in relation to real estate must go to the persons listing the property.
6. Other websites
(a) We may offer at some time information regarding other websites but we do not accept any responsibility which may arise from third party websites or their content and you agree to use these websites at your own risk.
(b) This website may contain links to other sites. Unless expressly stated, these sites are not under the control of EXOTO or that of its affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
7. Use of Communications Facilities
(a) When using any service and/or system on this website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
- You must not use obscene or vulgar language;
- You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit content that is intended to promote or incite violence;
- It is advised that submissions are made using the English or Greek language as we may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these terms and conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of EXOTO or its affiliates; and
- You must not use our services and/or system for unauthorised mass-communication such as "spam" or "junk mail".
(b) You acknowledge that EXOTO reserves the right to monitor any and all communications made to us or using our services and/or system.
(c) You acknowledge that EXOTO may retain copies of any and all communications made to us or using our services and/or system.
(d) You acknowledge that any information you send to us may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
(a) In order to procure services on this website you are required to create an account which will contain certain personal details and payment information which may vary based upon your use of the website as we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
- All information you submit is accurate and truthful;
- You have permission to submit payment information where permission may be required; and
- You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
(b) It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
(c) If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
(d) When choosing your username you are required to adhere to the terms set out above in clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
(a) These terms and conditions are effective for an indefinite time.
(b) It is your responsibility to properly cancel your account with EXOTO and/or this website.
(c) EXOTO in its sole discretion may terminate your account without notice. You agree that in such event EXOTO will not be liable to you or any third party.
(d) If we terminate your account, any current pending orders or payments on your account will be cancelled and provision of services will not commerce.
(a) Your use of this website is at your sole risk and the services provided are “as is” and “as available” and “with all fault” basis.
(b) EXOTO and its licensors make no express warranties and disclaim all implied and/or express conditions, representations and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, EXOTO and its licensors do not represent or warrant to you that:- (i) your use of EXOTO services and/or of this website will meet your requirements; (ii) your use of EXOTO and/or of this website will be uninterrupted, timely, secure or free from any error; and (iii) usage data provided through the services of EXOTOand/or of this website will be accurate.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from this website including damages resulting from computer viruses.
(c) We make no warranty or representation that tis website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.
(d) No part of this website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
(e) No part of this website is intended to constitute a contractual offer capable of acceptance.
(f) Whilst we use reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
11. Limitation of Liability
(a) You expressly understand and agree that EXOTO and its licensors shall not be liable to you for any direct, indirect,punitive, incidental, special, consequential or exemplary damage. This shall include, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of date suffered, cost of procurement of substitute goods or services or other intangible loss.
(b) The limitations on EXOTO liability to you referred to clause 11(a) above shall apply whether or not EXOTO has been advised or should have been aware of the possibility of any such losses arising.
(c) We endeavour to ensure that the information on this website is correct at the time of publishing. We cannot however guarantee completely the information given is true and correct and may have at some time inaccurate details. We will make any changes to these details without notice where and/or if needed.
(d) The material in this website is provided without warranty and we do not take responsibility for any conditions that may take effect by using the website and information on the website.
(e) Any information provided is for your guidance only and it is advisable to take legal advice from a professional before taking any action from any content on our website.
(f) We take no responsibility for any loss or damages as a result of using our website. You do so at your own risk and we cannot be held liable for any problems encountered by our users.
(g) We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) in relation to:-
- the use of, or inability to use, this website;
- the use of, or reliance on, the contents of this website;
- any lost profit or turnover;
- any interruption or disruption of your business;
- your failure to make anticipated savings;
- any lost business opportunities or damage to your goodwill or reputation; and
- any indirect or consequential losses.
(a) You agree to hold harmless and indemnify EXOTO, its owners, affiliates, agents, representatives employees, advertisers, licensors, suppliers or partners from and against any third party claim or demand, including reasonable attorney’s fees and arising from or in any way related to your breach of these terms of conditions, your use of EXOTO services and/or of this website, your violation of any applicable laws and regulations and your content, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorney’s fees.
(b) No users to our website must attempt unauthorized access or servers on which our database is stored and you shall not post or send any material to or from our website for which you have not obtained our permission.
(c) Users of our website must not use any material that is discriminatory, racial, obscene, pornographic or any material which may be deemed as offensive in any way.
(d) Any act that may cause computer virus, corrupt data, or potentially harm any software or data must not be attempted.
(e) Any illegal acts will be reported and identity will be disclosed to the relevant authorities and your right to use the site will be stopped immediately.
(f) We will remove without notice any post which does not comply with our terms and conditions.
(g) You consent to the collection, processing and storage by EXOTO of your personal information. You also agree to comply with all applicable laws and regulations.
14. How We Use Your Personal Information
(b) We may use your personal information to:
- Provide our services to you;
- Process your payment for the services; and
- Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
(c) In certain circumstances (if, for example, you wish to purchase services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies may also be bound by the GDPR and should use and hold your personal information accordingly.
(d) We will not pass on your personal information to any other third parties without first obtaining your express permission.
15. Applicable Laws and Notices
(a) These terms and conditions shall be governed by Cyprus law.
(b) The courts of Cyprus shall have exclusive jurisdiction to settle any dispute arising under these terms and conditions.
(c) All notices shall be given to us by post to our address above or by email to [email protected]. Such notice will be deemed received 3 (three) days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
(d) We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the “unsubscribe” link in any email which you receive from us.
16. Final Provisions
(a) These terms and conditions constitute the whole legal agreement between you and EXOTO and govern your use of this website and completely replace any prior agreement you may have with EXOTO in relation to the use of this website.
(b) Separate legal agreements for other services may be drafted between you and EXOTO.
(c) You agree that EXOTO may provide you with notices by email or regular mail. By providing your email address to EXOTO you consent for EXOTO to use your email address and send you any notices required by law.
(d) You agree that if EXOTO does not exercise or enforce any legal right or remedy which may be enforceable or execrable under these terms and conditions, this will not constitute a waiver and may be used and/or enforced and/or exercised on a later date and/or stage.
(e) In the event of any conflict between these terms and conditions any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.
(f) Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and EXOTO.
(g) If any provision of these terms and conditions is or later becomes invalid the other provisions of these terms and conditions shall remain unaffected.
(h) We reserve the right to change this website, its content or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use this website following the changes. If we are required to make any changes to these terms and conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
(i) We may inform you of any changes made on this website by email or by posts on this website.