Terms & Conditions
1.1 We are ES Property & Investments Limited trading as New Spanish Properties (hereinafter referred to as ‘we’ ‘our’ or ‘us’) and we own and operate this website (‘Site’). Any reference to “you” or “your” is a reference to the user of this Site.
1.3 The Terms apply to your use of the Site and by utilising and accessing any part of the Site you warrant you have the right and authority to agree to and be bound by these Terms.
1.4 The purpose of the Site is designed to provide information about properties for sale in Spain and to assist in matching the users with property in Spain.
1.5 All information and services provided on the Site are solely for information purposes only and are not intended to provide users with legal, tax, survey, property, mortgage or other such professional advice.
1.6 Users of the Site should obtain their own individual professional advice before relying on any information on the Site.
1.7 We strongly recommend that you print out of a copy of the Terms and review carefully.
2 YOUR OBLIGATIONS
2.1 Your use of the Site is subject to these Terms and by using the Site, you will be deemed to have accepted and agree to be bound by these Terms.
2.2 You are responsible for all access to the Site using your Internet connection.
2.3 We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).
2.4 Your permission to use the Site is personal to you and is non-transferable.
2.5 Your use of the Site is conditional on your compliance with the rules set out in these Terms and you agree that you will not:
2.5.1 use the Site for any fraudulent or unlawful purpose;
2.5.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
2.5.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
2.5.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
2.5.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
2.5.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
2.5.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
2.5.8 remove any copyright, trade mark or other proprietary rights’ notice from the Site or materials originating from the Site;
2.5.9 frame or mirror any part of the Site without our express prior written consent;
2.5.10 create a database by systematically downloading and storing Site content;
2.5.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent;
2.5.12 use the Site for any commercial purposes.
We reserve the right to revoke these exceptions either generally or in specific instances.
2.6 In the event you visit one of the properties listed on the Site, it is solely your responsibility to make all necessary travel provisions, including the arrangement of travel insurance, for the purposes of your visit.
3.1 You can submit a completed enquiry form on the Site to receive details of properties on the Site. Alternatively, we may also receive your enquiry through third party property websites.
3.3 You undertake that all information provided by you whether directly through the Site, or through third party websites, is correct, complete and accurate.
3.4 You accept sole responsibility for the use of any account ID and password for use on the Site and you will notify us immediately of any unauthorised use of them of which you at any time become aware.
4. INTELLECTUAL PROPERTY
4.1. The intellectual property rights on this site shall belong to us or our licensor, including without limitation copyright, trade mark rights, database rights, text, graphics, code, file and links.
4.2. You must not copy, transmit, modify, republish, sort, frame, pass-off or link to any other material or information on or downloaded from this Site without our prior written consent.
5.1 All content uploaded will be considered non-proprietary, non-confidential and we will enjoy full right to use, copy, distribute, and disclose to any third party for any purpose.
5.2 We have the right to disclose your identity to third parties who claim content uploaded by you breaches their third party rights.
5.3 Any content which is uploaded by you must be genuinely held and comply with the law where posted.
5.4 Any content uploaded by you the user must be accurate; we make no warranties about the accuracy of such material displayed on the Site.
5.5 You must not post any defamatory, offensive, discriminatory, unethical, immoral or inflammatory material on the Site or upload any material which breaches the IP rights of any party.
5.6 In the event there has been a breach of clause 5.5, we can take appropriate action as we deem necessary, including the temporary or permanent removal of the post, withdrawal of your use of the Site or any legal action against you as necessary.
5.7 We reserve the right to remove and edit any content on the Site as we see necessary.
5.8 We will not be held responsible for the validity of any advertisements on the website which are posted by us in good faith.
5.9 We will not be held responsible for the price, representation or value of any advertisement posted on the Site.
6.1 Whilst we endeavour to ensure the content and information provided on the Site is accurate and correct, we do not warrant its completeness or accuracy and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
6.2 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
6.3 The Site may provide links to other websites and online resources. We are not responsible for, do not control and do not endorse such external sites or resources and provide no warranties or representations about the accuracy of information in relation to any linked website. Your use of third party websites and resources is at your own risk.
6.4 We provide no warranty that any material available for downloading from this Site is not free from infection, viruses or other such code.
6.5 We make no warranty that the Site or information on the Site complies with laws other than those of England.
6.6 The details of the properties available on the Site are provided by third parties, including estate agents, landlords or developers, for your information only and we make no warranty as to their accuracy or completeness. It is entirely your responsibility to make your own enquiries with any such third parties before making any decisions regarding any property advertised on this Site.
6.7 You are solely responsible for obtaining professional advice, including legal advice, before committing to the purchase of any property listed on the Site
7. LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
7.1 Nothing in the Terms will be deemed to exclude liability for death or personal injury arising from our negligence or fraudulent misrepresentation.
7.2 You acknowledge that you are solely responsible for the use to which you put this website and that all warranties, conditions, undertakings, representations and terms whether express or implied, statutory or otherwise, are hereby excluded to the fullest extent permitted by law.
7.3 The material and information on the Site is free of charge and by using the Site you acknowledge that it would be unreasonable to hold us liable in respect of any loss suffered as a result of the information and advice offered on this website.
7.4 We exclude liability for any financial loss or damage, whether in contract, tort, breach of statutory duty or otherwise, arising under or in connection with:
7.4.1 Use of the Site or
7.4.2 Reliance on any content displayed on the Site.
7.5 To the maximum extent permitted by law, we exclude liability for any loss suffered as a result of third party actions whether recommended by us to you the user, whether direct or indirect, and whether in contract, tort, breach of statutory duty or otherwise, including but not limited to solicitors, surveyors, bankers, developers, architects, mortgagees, estate agents and other professional advisers. Any business conducted through any third party is done entirely at the user’s own risk.
7.6 To the maximum extent permitted by law, we exclude liability for any loss suffered as a result of site inspections of properties in Spain made by you the user, whether arranged or recommended by us, whether direct or indirect, and whether in contract, tort, breach of statutory duty or otherwise. Any travel made to Spain for the purposes of visiting properties advertised on the Site is done entirely at the user’s own risk.
7.7 We shall not be liable to you for any of the following losses arising out of the use of the Site:
7.7.1 any direct or indirect, consequential, special or punitive loss, damage, costs and expenses;
7.7.2 loss of profit;
7.7.3 loss of reputation;
7.7.4 loss of business and goodwill;
7.7.5 any loss or damage caused by virus or other technologically harmful material that may affect computer software, data or technology.
9.1 Revision of Terms
We reserve the right to amend the Terms at any time by amending this page. It is your responsibility to check this page to take notice of changes we have made as they will be binding on you.
All notices shall be given to us by email at email@example.com All notices served by email will be deemed to be received on the day that they are sent or, if sent on a national holiday in England or on a Saturday or Sunday, the next working day following the day on which the email was sent.
The Terms set out are governed by English Law and will be subject to the non-exclusive jurisdiction of the English courts over any claim or dispute arising under or in connection with these Terms.
9.4 Force Majeure
We have no liability to you for any failure to deliver or perform or for any damage that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9.5 Entire Agreement
These Terms set out the whole of the agreement and understanding of the parties with respect to the product and services offered and supersede any prior oral or written statements and documents with respect to such matter.
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any part of these conditions will not be affected.
You acknowledge that we may block your usage of the Site at any time. You may also cancel your subscription at any time.