Terms and conditions of ellipse-real-estate.com

The General Conditions govern :

the use of this Web site, and,
any other related Agreement or legal relationship with Owner
in a legally binding manner. Capitalized terms are defined in the corresponding sections of this document.

The User must read this document carefully.

The following entity provides this website:

ELLIPSE REAL ESTATE, Agios Nikolaos – Zakynthos 29100

Owner’s contact email: websites.groupe.ellipse@gmail.com

Information about this website
Real estate sales and rentals in France and Greece.

What Users need to know at a glance
Please note that certain provisions of these General Terms and Conditions may only apply to certain categories of Users. In particular, some of the provisions may apply only to Consumers or, conversely, only to Users who do not qualify as Consumers. Such limitations are always expressly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
GENERAL CONDITIONS OF USE
Unless otherwise specified, the conditions of use detailed in this section generally apply during use of this website.

Unique or additional conditions of use may apply to particular contexts and are then indicated additionally within this document.

By using this website, Users agree to comply with the following conditions:

There are no restrictions for Users in terms of their status as Consumer or Professional Users.
Content on this website
Unless otherwise indicated or clearly identifiable, all content accessible on this website is owned or presented by the Owner or its licensors.

The Owner makes every effort to ensure that the content presented on this website does not infringe any applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to Users’ legal prerogatives to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.

Rights to content on this website
The Owner owns and reserves all intellectual property rights to this content.

Consequently, Users may not use this content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, alter, transfer/assign to third parties or create a derivative work of the content accessible on this website, or permit any third party to do so through the User or their device, even without the User’s knowledge.

Where expressly stated on this website, the User may download, copy and/or share content accessible on this website, for personal, non-commercial use only and provided that copyright attributions and any other attributions requested by the Owner are properly implemented.

Any applicable statutory limitation or exception to copyright shall remain unaffected.

Access to external resources
Through this Web site Users may have access to external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore shall not be responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to the possible granting of rights in the content, derive from the General Conditions of all third parties or, in their absence, from the applicable statutory law.

Acceptable use
This website and the Service may only be used for the purpose for which they have been provided, under these Terms and Conditions and applicable Law.

Users shall be solely responsible for ensuring that their use of this Web site and/or the Service does not infringe any applicable law, regulation or third-party rights.

For this reason, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to refuse the User access to this Web site or the Service, to terminate contracts, to report any misconduct committed through this Web site or the Service to the competent authorities – such as judicial or administrative authorities – when Users engage or are suspected of engaging in the following activities:

infringement of any applicable laws or regulations and/or these General Terms and Conditions;
infringement of any third-party rights;
substantial damage to the legitimate interests of the Owner;
an offence to the Owner or a third party
Liability and compensation
Except where explicitly stated otherwise or otherwise agreed with Users, the Owner’s liability for damages in connection with the performance of the Agreement is excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders and employees from and against any claim or demand – including without limitation attorneys’ fees and costs – made by any third party due to or arising out of or in connection with a breach of these Terms and Conditions, the rights of third parties or legal provisions related to the use of the Services by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the fullest extent permitted by applicable law.

The foregoing shall also apply to any claims brought by third parties (including, in particular, the Owner’s customers) against the Owner in connection with digital Products supplied by the User, such as, for example, claims for lack of conformity.

Limitation of liability for Users’ activities on this website
Unless explicitly stated otherwise, and without prejudice to applicable law, Users have no right to claim damages from the Owner (or any natural or legal person acting on its behalf).

This does not apply to injury to life, health or physical integrity, to damage resulting from a breach of important contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or to damage caused intentionally or as a result of gross negligence, provided that this website has been used correctly and advisedly by the User.

Unless the damage has been caused intentionally or by gross negligence, or if it affects life, health or physical integrity, the Owner shall only be liable for damage typical or foreseeable at the time the contract was concluded.

Australian Users
Limitation of liability
These Terms and Conditions do not exclude, limit or modify any warranty, condition, right or remedy available to the User under the Competition and Consumer Act 2010 or any similar legislation of any state or territory, which cannot be excluded, limited or modified (non-excludable right). To the extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not excluded by these Terms and Conditions, is limited, as deemed appropriate by the Owner, to re-performance of the Services or payment of the costs of obtaining such Services again.

United States users
Warranty disclaimer
This website is provided strictly on an “as is” and “as available” basis. Use of the Service is the responsibility of the User. To the fullest extent permitted by applicable law, the Owner expressly excludes all conditions, representations and warranties, express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, representatives, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the needs of Users; that the Service will be available at a particular time or location, or that it will be provided on a continuous or secure basis; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to his or her computer system or mobile device or loss of data that results from such downloading or use of the Service.

The Owner does not endorse or guarantee any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and assumes no responsibility for such products and services. In addition, the Owner will not be involved in any transactions between Users and third-party suppliers of products or services, nor will the Owner monitor such transactions in any way.

The Service may become inaccessible or may not function correctly with the User’s Internet browser, mobile device or operating system. The Owner shall not be liable for any alleged or actual damages resulting from the content, operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants specific legal rights to Users, who may also have other rights that vary from state to state. The disclaimers and exclusions in this Agreement do not apply to the extent prohibited by applicable law.

Limitations of liability
To the extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branding partners, partners, suppliers and employees shall not be liable under any circumstances for indirect, punitive, consequential, special, incidental or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of the use of or inability to use the Service; and damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User’s account or the information contained therein; errors, mistakes or inaccuracies in content ; injury or property damage of any kind resulting from the User’s access to or use of the Service; unauthorized access to or use of the Owner’s secure servers or the personal information stored on them; any interruption or cessation of transmission to or from the Service;any bugs, viruses, Trojan horses or other items that may be transmitted to or through the Service;any errors or omissions in content or any loss or damage suffered as a result of the use of content published, e-mailed, transmitted or made available through the Service; or defamatory, offensive or illegal conduct of any User or third party. The Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees shall in no event be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in excess of the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies, to the fullest extent permitted by law, in the relevant jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms grant specific legal rights to the User, who may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability set forth in these Terms shall not apply to the extent prohibited by applicable law.

Indemnification
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising out of or in connection with use of and access to the Service by the User, including any data or content transmitted or received by the User; User’s breach of these Terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these Terms;infringement of any third-party rights by the User, including, but not limited to, any confidentiality or intellectual property rights;violation by the User of any law, rule or regulation;any content sent from the User’s account, including third-party access with the User’s unique name, password or other security measures, if any, including, but not limited to, misleading, false or inaccurate information;an intentional fault committed by the User; or the violation of any legal provision by the User or its affiliates, directors, officers, representatives, co-branding partners, partners, suppliers and employees to the extent permitted by applicable law.

Common Provisions
Non-Waiver
The failure of the Owner to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other condition.

Interruption of service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other change, informing Users accordingly.

Within the limits of the law, the Owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to allow them to remove personal data or information and will respect Users’ rights to continued use of the product and/or compensation, as provided by applicable law.

In addition, the Service may not be accessible for reasons beyond the Owner’s reasonable control, such as “force majeure” (infrastructure failures or power outages, etc.).

Resale of Service
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Web site and Services without prior express permission, granted either directly or through a legitimate resale program.

Privacy policy
For more information on the use of their personal data, users can refer to the privacy policy of this website.

Intellectual property rights
Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with this website are the exclusive property of the Owner or its licensors and are subject to protection under applicable laws or international treaties relating to intellectual property.

All trademarks – whether nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with this Web site are, and shall remain, the exclusive property of the Owner or its licensors and are subject to protection under applicable laws or international treaties relating to intellectual property.

Modification of these Terms and Conditions
The Owner reserves the right to modify or otherwise amend these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of any such changes.

These modifications will only affect the relationship with the User from the date communicated to the User.

Continued use of the Service will signify the User’s acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these changes, the User must cease using the Service and may terminate the Agreement.

The previous applicable version will govern the relationship prior to acceptance by the User. The User may obtain any previous version from the Owner.

If legally obliged to do so, the Owner will inform Users in advance of the date on which the modified General Terms and Conditions will come into force.

Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the legitimate interests of the User into account.
Provisions concerning changes to these Terms and Conditions will be applied accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any manner without the Owner’s written permission.

Contacts
All communications relating to the use of this website should be sent using the contact details given in this document.

Severability
In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

United States Users
Any invalid or unenforceable provision will be construed, understood and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original purpose.
These Terms constitute the entire Agreement between Users and the Owner with respect to this subject matter, and supersede any other communications, including but not limited to, any prior agreements between the parties with respect to this subject matter.
These Terms will be enforced to the fullest extent permitted by law.

EU Users
In the event that any provision of these Terms is or shall be held to be void, invalid or unenforceable, the parties will use their best efforts to amicably reach agreement on valid and enforceable provisions thereby substituting the invalid, void or unenforceable portions.
Failing this, null, void or inapplicable provisions will be replaced by the applicable statutory provisions, if permitted or affirmed by applicable law.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of any particular provision of these Conditions shall not render void the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement had they known that the provision was invalid, or in the event that the remaining provisions would result in an unacceptable hardship to either party.

Governing Law
These Terms are governed by the laws of the place where the Owner is based, as described in the relevant section of this document, without regard to principles of conflict of laws.

Primacy of national law
However, regardless of the foregoing, if the law of the country in which the User is located provides for stricter applicable consumer protection standards, such stricter standards shall prevail.

Exception for Consumers located in Switzerland
If the User is a Consumer in Switzerland, Swiss law applies.

Exceção para Consumidores no Brasil
Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

Place of Jurisdiction
The exclusive jurisdiction to settle any controversy arising out of, or connected with, these Terms and Conditions shall lie with the courts of the place where the Owner is based, as described in the relevant section of this document.

Exception for Consumers located in Europe
The above does not apply to Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Norway or Iceland.

Exceção para Consumidores no Brasil
O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

Definitions and legal references
This website (or this Application)
The property that enables the Service to be made available.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms and Conditions.

Brazilian (or Brazil)
Applies when a User, regardless of nationality, is located in Brazil.

Professional User
Any User who does not qualify as a Consumer.

Digital Product
Refers to a Product consisting of :

content produced and provided in digital format; and/or
a service enabling the creation, processing, storage or access of data in digital form or enabling sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this website.
European (or Europe)
Applies when a User, regardless of nationality, is located in the EU.

Owner (or We)
Indicates the person(s) or legal entity(ies) that provides this website and/or the Service to Users.

Service
The service provided by this website as described in these Terms and Conditions and on this website.

Terms and Conditions
All provisions applicable to the use of this website and/or the Service as described in this document, including any other documents or agreements, and as updated from time to time.

User (or You)
Indicates the natural person or legal entity using this website.

Consumer
A Consumer is any User qualified as such under applicable law.