General Terms and Conditions of Use
- PLEASE READ CAREFULLY ALL THE FOLLOWING TERMS AND CONDITIONS OF THIS TOU PRIOR TO USING THIS WEBSITE, the services provided within this Website (“Services“), the content provided within this Website (“Content“) and the materials available for download from the Website and/or provided otherwise (“Materials“).
- Any access and/or engagement and/or interaction and/or use (“Use“) of the Website, Services, Content and Materials or any part thereof (“Operations“) is LIMITED ONLY FOR private individuals over Eighteen (18) years of age or the minimum legal age for the Use of such Operations in Your place of residence. Any Use of the Operations by any other entity or a person under the minimum age is strictly prohibited.
- The OPERATIONS ARE directed to persons located in UKRAINE. It is Your responsibility to ascertain the terms of and comply with any local law or regulation prior to any of your USE OF THE Operations.
- Any Use of the Operations by You is governed by the terms and conditions of this TOU, and it constitutes a legal and binding agreement between You and the Operator.
- This TOA shall commence on Your first Use of the Operations and remain in force until terminated by the Operator.
- The Operator shall have the right at any time to change or modify the terms and conditions of this TOU applicable to Your Use of the Operations or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Website. Any Use of the Operations after such notice shall be deemed to constitute acceptance by You to such changes, modifications or additions.
- You are encouraged to periodically visit the Website to review the most current TOU to which You are bound. If You do not agree to this TOU or any part therein, please do not Use the Operations. For that reason, You agree to review this TOU periodically to be aware of such modifications, and Your continued Use of the Operations shall be deemed as Your conclusive acceptance of the modified TOU.
- Only if You comply with the restrictions stated above, You may Use the Operations solely for Your personal, noncommercial Use and subject to the authorization granted you under this TOU.
- By Your Use of the Operations, You agree to follow the terms and conditions outlined in this TOU, which apply to all of Your Uses of the Operations, both now and in the future.
- Any rights not expressly granted herein are reserved to the Operator.
- The Operator may, in its sole discretion, terminate or suspend Your Use of the Operations for any reason, including without limitation, breach of this TOU.In the event this TOU and/or Your authorization to use the Operations is/are terminated, the restrictions regarding the Operations and the representations and warranties, indemnities, disclaimers and limitation of liabilities set forth in this TOU shall survive any such termination.
Description of Operations.
- The Content in this Website is provided through and being part of the Operations is based on their creators’ knowledge and experience for illustration purposes only and should be regarded as such.
- The Content should not be regarded nor used as a substitute for common sense, prudent and reasonable behaviour expected from You.
- There is no guarantee that the Content would yield successful results for You.Subject to the execution of a separate Master Residency Services Agreement (“Master Agreement“) the Operator provides certain international real estate and property related services supporting its clients to acquire, own, operate, lease and manage properties in certain locations around the world, including such other activities in the name of the client required for the ongoing operation of the client’s assets, such as: collecting rent, management fees, and other payments from renters and/or asset holders; making agreements and communicating with service providers for the purpose of maintaining the asset: cleaning services, gardening, repairs, and the up-keeping of various systems within the asset, such as electrical, plumbing, sewage, lighting; Handing in receipts for payments received and/or paying taxes, fees, and other mandatory payments to authorities regarding the asset; insuring the asset against third-party damages and other risks; appointing and dismissing legal representation with respect to the asset, and securing their power of attorney; locating tenants to rent out the asset; collecting rent and any other required payments from the tenants; executing legal measures against tenants in violation of rental agreement; performing any actions stipulated by the instructions of the governing authorities, paying taxes and/or levies and/or fees and/or any other mandatory payment associated with the asset and/or its management; Updating clients regarding the price of similar assets in the asset’s vicinity.
Intellectual Property, Trademarks and Grant.
- The Operator holds, owns and enjoys the absolute and unconditional ownership of all right, title and interest, including all Intellectual Property Rights, in and to the Operations. “Intellectual Property Rights” shall mean all intellectual property rights as defined under Ukrainian law throughout the world, whether currently in existence or otherwise and whether vested or contingent, including without limitation copyright and all extensions, reversions, revivals and renewals thereof, design rights, registered designs, patents, trademarks, trade names sign and other designations, trade secrets and all similar rights whether registered or otherwise
- The Operator reserves unto itself all rights not expressly granted to You under this TOU, including the right to use or license the use of the Operations in any fashion, way and method Operator may think fit.
- Except as expressly specified in this TOU, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Operator or any third party to You.
- The names of actual companies and products mentioned on the Website may be the trademarks of their respective owners. No association between Operator and any such company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
- The Operator hereby grants to You a temporary and non-exclusive license for the duration of this TOU to Use the Materials for Your personal, noncommercial Use subject to and in accordance with the terms of this TOU.
- As a condition to Your Use of the Operations, You agree not to modify or revise any of the Operations in any manner and to retain all copyright and other proprietary notices as contained in the Operations. No other use of the Operations is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
- You will not sell, distribute, broadcast or provide any access to the Operations to any third party without Operator’s explicit prior written approval.
- You will not apply to register any copyright, trademark, design or other types of intellectual property rights for any goods or services anywhere with respect to the Operations.
- You agree that you will not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of Your rights and obligations under this TOU without Operator’s explicit prior written approval.
- You undertake to ensure that Your actions under this TOU and/or in connection with the Operations shall in no way reduce or diminish the reputation, image and prestige of the Operator.
- Operations names and brands are registered trademarks or unregistered trademarks of the Operator. All other trademarks, brands, and names are the property of their respective owners. The Operator’s trademarks may be used only with written permission from the Operator.
- Any goodwill derived from Your Use of the Operations use shall be bestowed upon the Operator.
Third Parties Information.
- As a convenience and to make the Operations truly service-oriented for You, the Operator may include links to complementary sites on the Internet and may provide third parties content and services in one or more of the Website’s pages. Although the Operator may receive compensation from third parties for links to their websites and/or displaying their content and services through the Operations, these third-party sites, content, information and services are owned and operated by third parties and have no other relationship to Operator.
- All comments, feedback, information or materials submitted to Operator through or in association with the Operations shall be considered non-confidential and Operator’s property. By submitting such comments, information, feedback, or materials to Operator, You agree to a no-charge assignment to the Operator of worldwide rights to use, copy, modify, display and distribute the submissions. The Operator may use such comments, information or materials in any way it chooses on an unrestricted basis.
makes no representation and is not responsible for the availability of, or content located on or through, these third parties’ websites and/or their content and services.
- A third-party link from the Operations or any other third party content and services provided through the Operations is not an indication that Operator endorses the third parties’ activities or their content or services, or that there is any affiliation with or between the Operator and such third party.
- You waive any and all claims against the Operator, that You have or may have in the future due to third party’s information and/or services.
- The Operator strives to provide You with useful, accurate, and timely information on the Website. Accordingly, Operator has attempted to provide accurate information and materials on the website but assumes no responsibility for the accuracy, reliability, profitability and completeness of that information or materials. Operator may change the content of any information or materials available at this Website, or to the products described in them, at any time without notice. However, Operator makes no commitment to update the information or materials on this Website which, as a result, may be out of date.
- Prior to the execution of a separate Master Services Agreement, the Operator does not provide any representation that You will or is likely to achieve profit or loss similar to any example provided on the Website. There is no guarantee that you will achieve a successful investment using the examples, techniques and ideas provided in the Website, which are true to their specific circumstances and are for illustration purposes only and are not to be interpreted as a promise or guarantee of earnings.
- Before determining whether You are going to Use any part of the Operations and/or perform any activities based on Your perception of the Content, You must take all needed measures to carefully consider all risks involved with such Use and/or performance and consult to the fullest extent necessary with any relevant professional, such as a lawyer.
- By mimicking or otherwise performing any of Your interpretation of the Content, You expressly acknowledge that You took all needed professional advice and reviewed and accepted all risks involved in any part of the Operations, directly or circuitously, now and in the future, including without limitations the risks of a negative outcome.
- You acknowledge that mimicking or following the examples and behaviour depicted in the Operations may yield negative results for you and/or for others. Therefore, Your Use of the Operations must be taken in a prudent and reasonable fashion with care and respect to the norms and specific circumstances. At all times, You carry all responsibility for Your Use of the Operations.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
- ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- NEITHER OPERATOR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE WEBSITE AND WILL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- PRIOR TO THE EXECUTION OF ANY REAL ESTATE INVESTMENT, YOU ARE ADVISED TO CONSULT WITH A PROFESSIONAL TO VERIFY PRICING OR OTHER INFORMATION. OPERATOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR ANY OF YOUR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
THE WARRANTIES IN THIS TOU ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OPERATOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF MERCHANTABILITY OR FITNESS OF THE OPERATIONS FOR A PARTICULAR PURPOSE EVEN IF OPERATOR HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF SUCH PURPOSE. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS TOU USER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO OTHER REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF ITS BARGAIN HEREUNDER THE PROVISIONS OF THIS AGREEMENT WILL TAKE PRIORITY OVER ANY NON MANDATORY UKRAINIAN LEGISLATION
Limitation of Liability.
IN NO EVENT WILL Operator AND/OR operator’s affiliates BE LIABLE TO USER AND USER WILL NOT BE ENTITLED TO RECOVER FROM Operator AND/OR operator’s affiliates ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION RELATING TO THIS TOU and/or User’s USE of the Activities, EVEN IF EITHER PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING in case Operator AND/OR operator’s affiliates are held legally liable, their total, aggregate liability is limited to the sum that shall not surpass twenty PERCENT (20%) of the total aggregate user’s funds paid to OPERATOR during six (6) months preceding the relevant claim. The said limitation of liability shall apply to any and all claims, whether based on contract law, torts or other.
You release Operator and/or Operator’s affiliates from any liability, responsibility, demands, claims, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to any disputes between You and third parties relating directly or indirectly to the Operations. You expressly waive any rights You may have under any legal framework, statute and/or common law principles that would otherwise limit the conclusiveness and broadness of this release.
You agree to defend, indemnify and hold harmless the Operator and its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out or connected to Your Use and/or misuse of the Operations.
Entire TOU, Interpretation and Translations.
This TOA and any other written, graphic or other material which are incorporated herein by reference to be executed and delivered in connection herewith and all documents and instruments among the Parties together constitute the entire agreement and understanding between the Parties, and there are no agreements or commitments with respect to the business relationship contemplated herein except as set forth in this TOU superseding any prior offer, agreement or understanding between the Parties. The captions and titles in this TOU and schedules are for convenience only and shall not be considered a part of or affect the construction or interpretation of any provision of this TOU. This TOU was written and is governed by the English language. However, You may read this TOU, which was translated into different languages, for Your convenience. While the translation is correct to the best of the Operator’s knowledge, the Operator cannot and will not be responsible or accountable in any event of an inaccuracy. The TOU English language version will prevail in any conflict between its content and the translated TOU.
Privacy, Data Control.
Operator and User are independent entities and there is no agency relationship between the Parties nor created by this TOU. Neither Party shall have any right or authority to act on behalf of the other or represent that it has such right or authority unless presented in this TOU or subsequent written authorization.
Governing Law, Jurisdiction and Proceedings.
This TOU shall be governed by and construed in accordance with the laws of the State of Ukraine without regard to conflict of laws. Exclusive jurisdiction in any action or proceeding arising out of or relating to this Agreement and Appendices will be placed in Kyiv, Ukraine courts.
If any provision of this TOU is for any reason and to any extent deemed to be invalid or unenforceable, then such provision shall not be voided but rather shall be enforced to the maximum extent then permissible under then applicable law and so as to reasonably effect the intent of the Operator, and the remainder of this TOU will remain in full force and effect.
The Operator will not be liable for any delay in performing or for failing to perform any of its obligations resulting from but not limited to acts of God; inclement weather; fire; explosions; floods; or war, riots or civil disturbances and industrial actions.
Delays or Omissions.
No delay or omission to exercise any right, power, or remedy accruing to the Operator upon any User’s breach or default under this TOU, shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of the Operator of any User’s breach or default under this TOU, or any waiver on the part of the Operator of any provisions or conditions of this TOU, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Any notice required or permitted to be given under this TOU to the User shall be in writing and shall be sent by email to the User’s email address provided by the User. Any notice required or permitted to be given under this TOU to the Operator shall be in writing through the written communication method posted on the Website which may be changed by Operator from time to time and posted on the Website.
- If any provision of this TOU is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this TOU and the remaining provisions of this TOU shall remain in force.
- If You have any questions regarding TOU, please email: email@example.com