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Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

WEBSITE TERMS OF USE

By using our Website, you agree to comply with and be bound by the following terms and conditions (the “Terms of Use“) together with our privacy policy and any other documents referred to therein. If you do not agree to these Terms of Use, you must not use our Website.

You must be at least 18 years of age to use our Website. By using our Website and accepting these Terms of Use, you confirm that you are at least 18 years of age.

We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on our Website. Your continued use of our Website after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

We may from time to time change the content of this Website or suspend or discontinue any aspect of this Website, which may include your access to it.

We recommend that you download and store a copy of these Terms of Use for future reference. They are a legally binding agreement between you and us.

WHAT’S IN THESE TERMS OF USE?

Included in these Terms of Use are the rules for using our domain, 284Properties.com including our Website: www.284Properties.com

  1. Who we are and how to contact us
  2. Registering on our Website
  3. Your Responsibilities
  4. Materials you provide
  5. Liability
  6. Disclaimer
  7. Websites we link to
  8. Linking to our website
  9. Indemnification
  10. Viruses
  11. Intellectual Property
  12. Barring from the website
  13. Suspend or Withdraw our website
  14. Restrictions on Use
  15. Governing Law
  16. General
WHO WE ARE AND HOW TO CONTACT US

We are 284Properties located in Road Town, Tortola, British Virgin Islands (referred to as “we” or “us” or “our”). We are not a property sales or real estate agency; we are the providers of the Website. It is our members (which include real estate agents, private landlords and property developers referred to as “Members”) that display property details for you to view.

To contact us, please email Hello@284Properties.com.

REGISTERING ON OUR WEBSITE

To gain access to certain details and services on our Website you will need to register (free of charge) as a user. You must be 18 years old or over to create an account on our Website and to contact our members through our Website. You undertake that the details you provide on registration are true, accurate, complete, and current.

At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.

  • You must promptly update us with any changes to your account details.
  • You must create a password when you register, and you are responsible for maintaining the confidentiality of that password.
  • You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting any services via this Website, and you will be responsible for any and all activity conducted using your password.
  • You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account. If you believe someone has, without authorisation, accessed an account that you created on this Website, please contact us immediately.

We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

When you create an account, you may be given the opportunity to opt-in to receive marketing emails from us, or third parties. You can manage your email subscription preferences via our Website or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.

YOUR RESPONSIBILITIES

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. In particular, please note that we are not an estate agency. Our Website provides a service where our Members may market and you may view property details (“Details”). The Members that post the Details are solely responsible for their accuracy and for handling enquiries relating to those properties. We do not participate in any communications between you and Members nor in any part of a subsequent property transaction. We host the Details in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about the Details. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our Website or recommending or endorsing any properties, products or content on our Website.

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Website and that your computer system is compatible with this Website.

Your obligations and acceptable use.

  • You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website
  • You must not misuse any forms on the Website and any forms you submit must be a genuine enquiry.
  • You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
  • You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Website.
  • You must not use any scraping technology on the Website. Any such use or attempted use of an automated program shall be a misuse of our system and this Website. Obtaining access to any part of our system or this Website by means of any such automated programs is strictly unauthorised.
  • Whenever you make use of features that allow you to upload content to our Website, or to make contact with other users via our Website, you must comply with the content standards set out in these Terms of Use.
  • You warrant that any such contribution does comply with the content standards and, if you are a business, you will indemnify us against any breach of this warranty.

Unless you have our prior written consent from our Legal team, you must not do or attempt to do any of the following:

  • Access this Website in order to obtain property information available from it other than by means of direct human interaction with its human-readable web pages by using either (a) a web browser which is directly accessing this Website or (b) a mobile app or other computer program published by us.
  • Use technical means to access this Website which enables, causes or facilitates you or others to access this Website in a manner prohibited by these Terms of Use.
  • In particular and without limitation, unless you or others have our prior written consent you or others may not extract or seek to extract property information from this Website other than by means of direct human interaction with the menu system, hyperlinks and search and filter functions displayed on the human-readable pages of this Website by using either (a) a web browser which is directly accessing this Website or (b) a mobile app or other computer program published by us.
  • If you are acting in the course of business, unless you have our prior written consent from our Legal team, you may not use this Website for the purposes of undertaking research on the property market or our Members.
  • Where consent is given pursuant to this clause, we reserve the right to withdraw such permission without notice and without giving a reason.
MATERIALS YOU PROVIDE

All content that you upload to our Website will be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. By submitting content on our Website or otherwise providing content to us (“Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable license to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on our Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via, or in connection with, the Website will be governed by our privacy policy.

Interactive service and conduct.

When you fill out and submit an enquiry form on our Website, your personal information will be processed in accordance with our Privacy Policy.

Enquiry forms on our Website should only be used for the purpose for which they are intended. If we (in our reasonable opinion and at our sole discretion) suspect a form has been misused, irrespective of whether the misuse is a result of recklessness or negligence as to the proper use of the form or these Terms of Use, or malicious intent, we reserve the right to withhold the transmission of that form to the intended recipient(s) without notice to you.

We have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Website breaches that third parties’ legal rights.

The views expressed by users or our members on our Website do not represent our views or values.

All content that you upload to our Website must:

Be accurate (where you state facts); be genuinely held (where you state opinions); and comply with the applicable law of the country from which they were posted.

Your content must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
  • contain any material which does or could potentially infringe the intellectual property rights of a third party.

We will determine in our discretion whether there has been a breach of the above clause. Where we believe a breach of the above has occurred, we may take such action as we deem appropriate. This action may include the following:

  • immediate, temporary or permanent withdrawal of your right to use our Website;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
  • further legal action against you; and
  • disclosure of such information to law enforcement or authorities as we reasonably feel necessary.

In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Website at any time without notice and without having to give a reason.

LIABILITY

Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees for fraud or fraudulent misrepresentation. (“Main Clause”)

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

Subject to the above main clause, we will not be liable for any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.

Subject to the above main clause, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Website. Subject to the above clause, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Website.

We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any Website linked to it.

If you choose to contact our members using the Website, your details (including your e-mail address, telephone number and the address of the property you are considering a valuation on) will be sent to the member that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.

If you are a consumer user:

  • please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, damages, business interruption, or loss of business opportunity, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising or in connection with:
    • use of, or inability to use, our Website; or
    • use of or reliance on any content displayed on our Website.

If you are a business user, subject to the above main clause:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of or reliance on any content displayed on our Website.
    • In particular, we will not be liable for:
      • loss of profits, sales, business, or revenue.
      • business interruption.
      • loss of anticipated savings.
      • loss of business opportunity, goodwill, or reputation; or
      • any indirect or consequential loss or damage.

We assume no responsibility for the content of Website linked to our Website. Such links should not be interpreted as endorsement by us of those linked Website. We will not be liable for any loss or damage that may arise from your use of them.

DISCLAIMER

The Website (including all content on it) is provided by us on an “as is” and “as available” basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Website and any information or content contained therein.

We accept no responsibility and make no representations, guarantees, or warranties that the Website will operate continuously, without interruptions or be fault-free. We may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Any value estimates provided on our Website are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on our Website is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

Property descriptions and other information provided on our Website are intended for information and marketing purposes and, whilst displayed in good faith and we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the information/content on our Website is accurate, complete or up to date. The property advert pages on our Website do not constitute property particulars and these should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of our Members to ensure the accuracy and integrity of property descriptions provided on our Website and in any property particulars.

Whilst we endeavour to ensure that any material available for downloading from this Website (such as a property brochure) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

We are not a real estate agency. The details of the properties available on this Website are provided to us by our Members for your information only. We do not verify the property details provided to us and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with our Members advertising the property before making any decisions or taking any action in regards to a property advertised on our Website.

WEBSITES WE LINK TO

This Website contain links to Website operated by third parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked Website. The links are for your convenience only. We do not recommend any products or services advertised on those Website. If you decide to access any third party Website linked from this Website, you do so at your own risk.

LINKING TO OUR WEBSITE

If you are acting in the course of business, including if you are our Members, you must not link directly to any property details page.

You may link to our home page provided that you do so in a way that does not (in our reasonable opinion and at our sole discretion) damage our reputation or expose us to risk.

If you are our member, you may only link to pages about you (your Find an Agent page) or the summary listings page which outlines all the property listings you have uploaded to the Website provided that you do so in a way that does not (in our reasonable opinion and at our sole discretion) damage our reputation or expose us to risk.

You must not include links to this Website in any other Website, application or computer program without the prior written consent from our Legal team. In particular (but without limiting the foregoing) you must not include in any other Website any “deep link” to any page on this Website.

We reserve the right to withdraw any linking permission granted within this clause, irrespective of whether prior written consent was required, without notice and without giving a reason.

You must not load any images or any other assets directly from this Website onto any other Website, application or computer program without the prior written consent from our Legal team.

Our Website must not be framed on any other Website.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your password or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

VIRUSES

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

INTELLECTUAL PROPERTY

We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilized by us to enable you to use this Website (“Software”) and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Website, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.

You may not copy, reproduce, republish, transmit, modify, store, distribute, frame, pass-off or link any material, information or content on this Website, or download, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to this Website.

BARRING FROM THE WEBSITE

We reserve the right to bar users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.

SUSPEND OR WITHDRAW OUR WEBSITE

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

RESTRICTIONS ON USE

You agree not to:

  • transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website;
  • use any automated software to view our Website without consent and to only access our Website manually;
  • use our Website other than for your own personal use or as an agent listing properties for sale and to rent;
  • attempt to copy our data our reverse engineer our processes;
  • use our Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);
  • use our Website in breach of any policy or other notice on our Website;
  • remove or alter any copyright notices that appear on our Website;
  • publish any material that may encourage a breach of any relevant laws or regulations;
  • interfere with any other user’s enjoyment of our Website;
  • transmit materials protected by copyright without the permission of the owner; or
  • conduct yourself in an offensive or abusive manner whilst using our Website.

We shall be entitled to suspend the Services and/or terminate these Terms of Use without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

GOVERNING LAW

These Terms of Use are governed by English law and the contract between you and us is made in the British Virgin Islands. Any disputes will be settled in English courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

GENERAL

The headings in these Terms of Use are solely used for convenience only.

You may not assign or delegate any or all of your rights or obligations in this Agreement.

We may assign this Agreement at any time without notice to you.

Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not constitute or be construed as a waiver of such right to act.

We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.

Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

If you have any questions or comments about our Terms of Use, please contact us at Hello@284Properties.com.

Thank you

284properties Management

25 November 2022

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