Other definitions include:
- ‘Seller’ means the owner who wants to sell the property
- ‘Landlord’ means the owner who wants to lease the property
- ‘Buyer’ means the person who wants to buy a property
- ‘Tenant’ means the person who wants to rent a property
GENERAL USE OF WEBSITE
- The content of the pages of this website is for your general information and use only. It is subject to change without notice. The information is provided by Coldwell Banker Malta and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, property photos and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Malta.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Every effort is made to keep the website up and running smoothly. However, Coldwell Banker Malta takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
LIST MY PROPERTY ONLINE
These terms set out the basis on which you may use the List My Property Online system. Please read these terms carefully.
By submitting an application on the List My Property Online system and subject to our approval, you allow Coldwell Banker Malta to market your property.
In the event that Coldwell Banker Malta introduces a client to your property and a sale/letting is concluded, you agree that Coldwell Banker Malta is entitled to receive a commission upon conclusion of deed of sale. You agree the commission will be calculated as described below depending on type of transaction.
|Open Agency – Sale||Exclusive Agency – Sale||Open Agency – Short Let||Open Agency – Long Let|
|5.0% of purchase price||3.5% of purchase price||10% of total rent*||50% of one-month rent*|
We will endeavor to make the Website available at all times. We cannot however guarantee that access to the Website will remain uninterrupted. We will not be held liable for such interruptions.
You are to immediately notify Coldwell Banker Malta if you suspect that someone has made an application using your information without consent.
The Services are designed and intended for personal use on an individual basis. For the purposes of these terms and conditions if you form part of a corporate entity, you shall nonetheless be considered as a single entity.
Provided Coldwell Banker Malta has exercised reasonable skill and due care, Coldwell Banker Malta shall not be responsible for any losses arising out of the unauthorised use of your personal data resulting from a breach of these Terms.
You are to provide accurate and complete information when applying to list your property with Coldwell Banker Malta and agree to notify us of any changes to keep it accurate and complete.
Failure to provide accurate, current and complete information and data will result in the deletion of your listing and you will need to complete an application from the beginning with the correct information.
Whenever you create a new Listing, you will be consenting that Coldwell Banker Malta will promote the Listing on channels available to Coldwell Banker Malta, including but not limited to its website, third-party sites, social media, etc…
The Listing will be promoted on the specified channels for the duration of six (6) consecutive months. This period will not be suspended unless the property is sold. Towards the end of the sixth month, the property consultant allocated to your property will contact you in order the reconfirm your details and interest. Should the property consultant be unable to reach you after multiple attempts, the Listing will be automatically removed from the search function of Website.
Each Listing may only include one property, however, in the event that the property includes any related or other interconnected property, we reserve the right to allow the listing of such property in one Listing.
There is no fee in order to list a property with Coldwell Banker Malta.
Interested Buyers or Tenants shall communicate directly with Coldwell Banker Malta, who shall be responsible for setting up viewings of the property at times convenient with involved parties.
Should a Buyer/Tenant wish to buy/rent a property that has been listed with Coldwell Banker Malta via this system, the Seller/Tenant will owe Coldwell Banker Malta a commission at the rates specified above.
Besides marketing your property on various channels, we will provide the following services at no extra charge:
- Professional photographs of the property;
- Website Plans of the property;
- Our trained property consultants to assist you with negotiations. The final decisions shall always rest with you and we shall not be held liable in any manner in this respect.
It is prohibited to use the Website to:
- stalk, harass, threaten or harm another;
- impersonate or misrepresent yourself as another person, entity, another User, a Coldwell Banker Malta employee, (Coldwell Banker Malta reserves the right to reject or block any e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
- engage in any copyright infringement or other intellectual property infringement in relation to Coldwell Banker Malta or any other user;
- post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or may be harmful to the System and its Users;
- interfere with or disrupt the workings of the Website including accessing the Website through any automated means, like scripts or web crawlers;
- plan or engage in any illegal activity; and/or
- post any information that is false or misleading
You expressly agree that your use of, or inability to use, the Systems is at your sole risk and responsibility. The Systems are provided ‘as-is’ and ‘as-available’ for use, without warranties of any kind, either express or implied.
Coldwell Banker Malta reserves the right to take any and all actions from issuing a warning to terminating your right to use the Systems and the involvement of the appropriate authorities that Coldwell Banker Malta deems necessary and this for any breach of these Terms or for any reason at our sole discretion. In this respect, Coldwell Banker Malta is not required to provide notice prior to terminating your access to the Systems for violating these Terms.
By using the Systems, you agree to waive any claims you may have against Coldwell Banker Malta, and to hold Coldwell Banker Malta harmless and indemnified with respect to any action taken in cases of suspicious activity or on finding that a violation of these Terms has occurred, or for the withdrawal of access to the Systems whether temporarily or permanent. This means that you cannot sue Coldwell Banker Malta or recover any damages as a result of removal or refusal to process any information or Content, to warn you, to suspend or terminate your access to the Systems, or to take any other action during the investigation of a suspected violation. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.
You agree that any Content submitted or posted by you shall be your sole responsibility and shall not infringe or violate the rights of any other party or violate any laws. You acknowledge that Coldwell Banker Malta is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems or you encounter Content you find inappropriate, or otherwise believe to be in violation of these Terms, please contact Coldwell Banker Malta.
Coldwell Banker Malta reserves the right, without any prior notice, to pre-screen, move, refuse, modify and/or remove any Content that, in its sole discretion, deems abusive, defamatory, obscene, in violation of these Terms, or otherwise offensive, illegal, inappropriate, unacceptable or objectionable, including any material Coldwell Banker Malta believes may cause any liability for it under any applicable law or regulation, or which may cause Coldwell Banker Malta to lose the Systems any suppliers provide as part of the Systems or in connection with fulfilling any order for Systems.
Coldwell Banker Malta does not guarantee or warrant that the Content you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, Coldwell Banker Malta will have no obligation or liability to you. Coldwell Banker Malta is not and will not be responsible for what is contained in any such Content.
By submitting Content to Coldwell Banker Malta, you are representing that you are the owner of such material, or have proper authorisation from the owner of the Content to distribute it. However, by submitting such Content on areas that are publicly accessible, you grant Coldwell Banker Malta a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems and other public networks such as but not limited to Facebook, Instagram, solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you.
You acknowledge and agree that Coldwell Banker Malta may, without liability to you, access, use, preserve and/or disclose your information and Content to law enforcement authorities, government officials, as Coldwell Banker Malta believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
- comply with legal process or request;
- enforce these Terms, including investigation of any potential violation thereof;
- security, fraud or technical issues;
- protect the rights, property or safety of Coldwell Banker Malta, its Users, a third party, or the public as required or permitted by law.
Information and Data
Any information and or data provided by you to Coldwell Banker Malta and used by Coldwell Banker Malta directly or indirectly in the performance of the Terms shall at all times remain your property. It shall be identified, clearly marked and recorded as such by Coldwell Banker Malta on all media and in all documentation.
Coldwell Banker Malta shall take all reasonable precautions to preserve the integrity and prevent any corruption, loss, damage or destruction of this data and information and agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time):
- The Data Protection Act (Chapter 586 of the Laws of Malta);
- The General Data Protection Regulation.
Coldwell Banker Malta shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Coldwell Banker Malta email address, domain name, or similar resource used by you in connection with the Systems or the Software.
The Coldwell Banker Malta logo and other trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software, including but not limited to, user interface, the scripts, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist, are trademarks or registered trademarks of Coldwell Banker LLC & Realogy LLC, including the intellectual property rights of the Coldwell Banker brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners.
Although Coldwell Banker Malta grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you as a part of the Systems and in accordance with these Terms, you have no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software and you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. The use of the Systems or any part of the Systems, except for use of the Systems as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Links and Other Third-Party Materials
Coldwell Banker Malta does not have control over the type and accuracy of Content on third party Websites that are linked on our Website. You further acknowledge and agree that Coldwell Banker Malta shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such websites or resources.
If you believe that any Content to which you claim copyright has been infringed by anyone using the Systems or you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms please contact Coldwell Banker Malta on [email protected] Coldwell Banker Malta may, in its sole discretion, automatically delete Content of Users that are found to be repeat infringers.
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and Coldwell Banker Malta.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Failure by Coldwell Banker Malta to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal data which you give to Coldwell Banker Malta when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained by Coldwell Banker Malta. If you do not consent to this transfer, do not accept these terms and conditions.
These terms and conditions constitute the entire agreement between you and Coldwell Banker Malta in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website.
These terms will be governed by and construed in accordance with the laws of Malta and any disputes relating to these terms and conditions will be subject to the jurisdiction of the Courts of Malta.