Terms and Conditions of Use
If you use the ourhouseabroadfrance.com website (the "Website") you agree to be bound by these terms and conditions.
GENERAL
Definitions
In these terms and conditions, "we" and "us" means ourhouseabroadfrance.com, which is a trading name of Our House Abroad Ltd (06121132 ), whose registered office is 117 Newport Road, Aldershot, Hampshire, GU12 4PY, United Kingdom.
1. Access to the Website and content
• We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
• We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
• We assume no responsibility for the content or services of any other websites to or from which the Website has links.
2. Intellectual Property
• Unless specifically stated otherwise the copyright in the material contained in the Website together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Our House Abroad Ltd, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial viewing.
• ourhouseabroadfrance.com is a trademark of Our House Abroad Ltd. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
3. Exclusions of liability
• We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
• Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tortuous (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.
• Under no circumstances will ourhouseabroadfrance.com be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of ourhouseabroadfrance.com regardless of the form of action.
• The free information published on the Website is not exhaustive and does not constitute legal or other professional advice or opinion. Its purpose is only to provide information of a general nature concerning buying property and living in France . Under no circumstances should it be regarded as professional advice, which can only be obtained from your own advisers. ourhouseabroadfrance.com cannot guarantee the accuracy of the information that is provided and is not liable for any loss that may arise from reliance on any information contained herein or from information found on web sites linked from this website.
• No representation or warranty whatever is made or given either during negotiation, in particulars or elsewhere. ourhouseabroadfrance.com is not and will not be a party to, or responsible for, any transaction concerning properties and services advertised for sale or let on the Website. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.
• The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
• We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
• When you use the "contact forms" or email addresses on this Site to enquire about property, your details (including your email address) will be forwarded by email to the estate agent or developer or private individual marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer or private individual.
4. Exclusion of liability for suppliers' goods and services
• We promote a number of suppliers on the Website and offer you the opportunity to buy goods and services from those suppliers through the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
5. Property Advertising
• When you submit a property to, or modify a property on ourhouseabroadfrance.com:
• The advertiser is wholly responsible for the accuracy of the property information published on the site.
• ourhouseabroadfrance.com reserves the right to modify the property information, to remove offensive or inappropriate material or to bring the information in line with the ourhouseabroadfrance.com house style.
• ourhouseabroadfrance.com reserves the right to modify the way search results are displayed on the website.
• Customer service is of high importance to ourhouseabroadfrance.com and therefore, it is a requirement that advertisers should respond promptly and courteously to all enquiries.
• ourhouseabroadfrance.com accepts no legal responsibility for the accuracy of information, or for any action brought against the advertiser for breach of contract by the person or people buying or renting a property.
• ourhouseabroadfrance.com shall not be liable to the advertiser or owner for any loss, costs or damages resulting from the use of the site, or the inability to access or use the site.
• If you advertising your property for a holiday let advertisers are strongly advised to have a legal contract between themselves and their tenants. ourhouseabroadfrance.com cannot be held liable for cancellations, non payment of rent, damage to the property or any other material loss.
• When the advertiser submits a property to ourhouseabroadfrance.com, the advertiser acknowledges that the material (text , graphics and photos) has not been copied or is in breach of copyright. ourhouseabroadfrance.com cannot be held responsible for any infringement of copyright laws resulting from material supplied by the advertiser.
• ourhouseabroadfrance.com reserves the right to refuse web addresses or hypertext links to other web sites from within the ourhouseabroadfrance.com site.
• No hyperlinks to competitive accommodation directories will be permitted.
• No hyperlinks to third party services such as car hire and insurance sites will be permitted.
• ourhouseabroadfrance.com reserves the right to refuse any property advertisement and cannot be held liable for any expense or loss as a result of doing so.
• Should an advertiser request a property be removed from the site at any time, this should be done via email or in writing. No refunds will be paid to advertisers who request their property to be removed prior to the end of their subscription period.
• ourhouseabroadfrance.com reserves the right to remove properties from the site should:
> advertisers misrepresent their property in any way
> holiday let advertisers double book their property
> ourhouseabroadfrance.com receive substantiated complaints from holidaymakers who book a holiday lets advertisers property
No refunds will be paid should properties be removed for the above three reasons.
• Only one property unit is to be advertised per property advert. Each additional property unit requires a new advert to be created.
• Measurements and locations are approximate and no responsibility is taken for any error, omission or misunderstanding in these particulars, which do not constitute an offer or contract.
• Should the advertiser decide to use the online availability chart for their property, ourhouseabroadfrance.com expects the advertiser to keep this up to date via the use of the password protected administration area.
7. User name, password and email address
• On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable. On registering for our Newsletters, using our Discussion Forum or completing Enquiry Forms and Surveys you may be required to provide your email address.
• Your name, password and email address are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name, password and email address any payments due for services accessed through the Website by anyone using your user name, password or email address. Any breach of security of a user name, password or email address should be notified to us immediately.
• You may not adapt or circumvent the systems in place in connection with the Website nor access the Website other than through normal operations.
6. Contributions to ourhouseabroadfrance.com
• Where you are invited to submit any contribution to ourhouseabroadfrance.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant ourhouseabroadfrance.com a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the ourhouseabroadfrance.com Privacy Policy. If you do not want to grant to the ourhouseabroadfrance.com the rights set out above, please do not submit your contribution to ourhouseabroadfrance.com
• By submitting your contribution to ourhouseabroadfrance.com, you warrant that your contribution is your own original work and that you have the right to make it available to ourhouseabroadfrance.com for all the purposes specified above is not defamatory and does not infringe any law and indemnify ourhouseabroadfrance.com against all legal fees, damages and other expenses that may be incurred by ourhouseabroadfrance.com as a result of your breach of the above warranty and waive any moral rights in your contribution for the purposes of its submission to and publication on ourhouseabroadfrance.com and the purposes specified above.
7. Data submitted by Users
• If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. Posting of your contribution to the Website does not in any way indicate our approval or endorsement of the content. We reserve the right to determine whether or not to post your contribution to the Website, where on the site it will appear and for how long.
• If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
• You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
• You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition
• We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
• Subject to the Contracts (Rights of Third Parties) Act 1999 the above condition may be enforced by the following people in their own right:
a.) any third party with whom we contract for content or advertising; and
b.) our employees or agents
at the time of any failure to observe.
8. Payments
The following payment methods are available:
• Online credit card transaction
• Cheques made payable to Our House Abroad Ltd
All of our credit card transactions are processed by Paypal, one of the world's leading Ecommerce solutions companies. Paypal use secure server software encryption to keep your transaction private and protected. Paying by this method will require the buyer to visit Paypal's website. It is the responsibility of the buyer to read the terms of business of Paypal before using the service.
We reserve the right to change our pricing policy. If we do, we will provide notice of the change on our website or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount.
10. Unauthorized Payment Methods
No Account Holder may request any user to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to member and without refund.
11. Data protection
• We are committed to protecting your privacy. We will collect and use information supplied by you and other users of the Website to improve the Website and make your experience more personal when you visit the Website. We may also use it to tell you about changes in our services or about features we think you'll find interesting including related products from third-parties who provide complementary services. By registering with us, you are deemed to have consented to use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by sending an e-mail message to info@ourhouseabroadfrance.com
• Under the UK Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.
12. General
• If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
• We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
11. Copyright
• The expression(s) ‘ourhouseabroadfrance.com, ‘ourhouseabroadfrance.co.uk’, ‘ourhouseabroad.com’, ‘ourhouseabroad.co.uk’, in relation to the marketing of property and related services on the internet and elsewhere are copyright protected and, save as provided in these Terms and Conditions, any unauthorized use or reproduction of is prohibited.
12. Governing law
• These terms are governed by and to be construed in accordance with English law.
• Any disputes shall be subject to the exclusive jurisdiction of the English courts. We shall not be liable if the content of this website or any viewing of it by you is contrary to the laws applying in the place where you access this website.
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