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 Terms and Conditions
 
 


The Terms and Conditions --- constitute an agreement between you, the User, and us, TenerifePropertiesDirect.com, and sets out the conditions upon which you may access the information, products, material and services available through Tenerife Properties Direct Online Web site. By accessing, viewing, or using any of the information, products, materials or services available on or through this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written document and equally binding and that you accept such Terms and Conditions and agree to be legally bound by them. 

Changes to the terms and conditions --- We reserve the right to change any of the Terms and Conditions (whether contained in these Terms and Conditions, the Privacy Policy or in any other Terms and Conditions contained on any of the pages of this TenerifePropertiesDirect.com Web site) at any time. It is your responsibility to visit the Terms and Conditions of TenerifePropertiesDirect.com web site on a regular basis to ascertain whether any amendments to these Terms and Conditions or to any of the other Terms and Conditions on areas of TenerifePropertiesDirect.com web site have been made. If you do not agree to such an amendment, you should immediately cease to use this TenerifePropertiesDirect.com web site. By accessing or using the Tenerife Properties Direct website, hereinafter referred to as TPD, you are subject to and bound by the following terms and conditions. Any use by a person or entity for any purpose other than a rental or resale property is strictly prohibited. Terms apply from March 1 2009. TPD are not estate agents nor do they enter into any contract and are not party to any rental and/or resale transactions with the owners of any properties listed on the website. The website only acts as a venue or portal to allow a users of our website to offer for rent, or for sale, a specific rental or sale of property to potential renters and or buyers. We are not involved in the actual transaction between the prospective buyer and the seller even though we may from time to time provide tools, such as direct booking or out sourced subcontractors, that enable a prospective renter or purchaser to enter into a transaction for a specific property directly from the owner of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings the ability of people to rent or sell property or the ability to pay for properties are solely the responsibility of the buyers and sellers.

Sole agency agreements --- it is the sellers sole responsiblity to terminate any sole agency agreement that they may have entered into with an estate agent or other party in respect of advertising and/or selling their property. In no event shall TPD become liable to the seller or the buyer or the sole agency company for any normal, special, consequential, incidental, direct or indirect damages, fees, costs, commissions or charges relating to any preexisting sole agency agreement. Personal use of the TPD website must not be for any reason other than to view or make legitimate enquiries to owners regarding your interest in particular properties.

Lowest Price GUARANTEE --- Tenerife Properties Direct advertises that for any given property, we guarantee that the price listed on our site will be the lowest. By listing your property on our site, you agree to guarantee the price of your property. Should you have your property listed with estate agents, it is your responsibility to ensure that if you reduce the asking price of your home with an agent, you also reduce the price on Tenerife Properties Direct to at least the same price. Should a potential buyer see your property listed at a lower price with another agent, and they inform us, we will contact you and agree a price for your Tenerife Properties Direct Listing.

Downloading of information from the Website --- As a part of the purchase enquiry process, for your own purposes and not for further distribution, you may download, display, or print any portion of the sites content. This said content shall not be modified in any way. It is also your responsibility to use suitable anti-virus software on any material that you may download from Tenerife Properties Direct Online Web site and to ensure the compatibility of such software with your equipment.
 

Limitation of liability --- Neither we nor any of our sister, parent or subsidiary companies will be liable to you, whether for negligence, breach of contract, misinterpretation or otherwise for any direct, indirect or consequential damage (including, without limitation, loss of profit, goodwill, business opportunity or anticipated savings), suffered by you as a result of your use of Tenerife PropertiesDirect.com web site or of any information, materials, software or services provided on or through it or downloaded from it, or your inability to use this web site, any error in the provision of TenerifePropertiesDirect.com web site or any computer virus transmitted through TenerifePropertiesDirect.com web site. 

Links to other sites --- Sites to which you link through TenerifePropertiesDirect.com Web site (including, without limitation, any site provided by a collaborator, partner or other third party) are independent of TenerifePropertiesDirect.com Web site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such sites.We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, Tenerife Properties Direct Online Web site, nor do we endorse any of those organisations or any of their offerings. Should you decide to appoint any of these organisations to work for you, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations. Please note that although these organisations have attempted to ensure that any quotes or estimates provided through TenerifePropertiesDirect.com Web site are as accurate as possible based on the information you may have provided, they are not legally binding in any way.


Accuracy --- TPD makes no representation as to the accuracy contained within the website. The property details content is the sole responsibility of the owner of the property displayed. TPD has not and cannot confirm the accuracy thereof and accordingly users of the web site are strongly recommended to make their own investigations into the authenticity of any information supplied. TPD is in no way liable for any inaccuracies or misleading statements made in the information provided by
the owner of properties on the website.


No warranties --- This site is provided "as is"  and we give no warranties in respect thereof. Specifically, but without limitation, we do not warrant that: You will be able to use TenerifePropertiesDirect.com web site or that it will continue to be made available in its current or any other form; or  TenerifePropertiesDirect.com web site or any software of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose; or any material or information contained on this site will be true, acurate or complete. Except to the extent otherwise set out in these terms and conditions or any other terms and conditions on this site, any warranties which would otherwise be implied by law (including without limitation, warranties as to satisfaction quality, fitness for purpose or skill and care) are hereby excluded.


Unauthorized use --- Unless you have the prior written consent you must never: Copy, reproduce, upload, transmit, display, republish, distribute, post, any part of the website content in any form reproduce our content on another website modify, translate into any language or computer language, or create derivative works from, any content or any part of this Website; Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content; Use the Website other than to make legitimate enquiries regarding the rental or sale of a property to advertisers Use the Website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand. Post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. Use or access to the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website. Upload or transmit to the website or use any device, software or routine that contains viruses, worms, Trojan horses, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on the computer equipment, or that infringes upon the rights of a third party; Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment; or Disguises the origin of the information through the website. 


Copyright authorities --- The seller owns the copyright in the photographic and textual material supplied or has been authorised by the owner of the copyright in the material to grant TPD permission to use the material as contemplated below. The advertiser grants TPD a perpetual, royalty-free licence to use the material for promotional purposes. The advertiser irrevocably and unconditionally indemnifies TPD immediately on demand against any cost, loss or liability which TPD may incur by reason of any breach of copyright arising from its use of the material. The advertiser understands that it may not reproduce photographic or textual material from any part of the website without permission from the relevant copyright owner.



Copyright protection --- Material and software on these sites is copyright protected. Other than using it for your own personal use the material may not otherwise be used or copied without the prior written approval of Tenerife Properties Direct or the body who listed that information on the sites. 


Changes to layout and design --- We may change, suspend or discontinue any aspect of the website at any time, including the availability of any website features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or the entire site for similar reasons. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the site or any of its specific features.
 

External links --- TPD reserves the right to remove from adverts both email addresses and links to external websites which either do not conform or which the team feel are not appropriate, or act against the interests of the company or its advertisers. Should an advertiser add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising without refund.
 

Photographs --- By submitting a photograph electronically through the website, the member represents and warrants that it holds all intellectual property rights with respect to each submitted photograph, or it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.


Multiple properties --- Only one unit should be represented in an advertisement unless the prior permission has been given to the advertiser. TPD reserve the right to amend any property adverts not adhering to this policy.

Minimum advertising commitment --- TPD commit to advertising your property for a minimum of 12 months.  If after this period has elapsed or TPD cease to trade or to exist no refunds will be made.  If your property has not sold TPD will then host your property indefinately at no further cost.


Termination of advertising---Advertisers wishing to have their advertisement removed from the site before the end of their subscription period, this will be done, but no refunds will be paid. TPD reserves the right to refuse any advertisement for the web site, and will not be liable for any loss or expense in so doing. If an advertiser attempts to enter unsuitable material into the TPD on-line database, or persistently misuses the on-line systems, TPD reserves the right to remove the property from the site. No refunds will be paid. If TPD receives a complaint from a person who has rented an advertiser's property which TPD, acting reasonably, consider is justified, or an advertiser knowingly double-books a property, or engages in any unacceptable practices or is in breach of its obligations to TPD, then TPD reserves the right to remove the property from the web site without prior notice.


Law and jurisdiction --- These Terms and Conditions and any matter relating to this site shall be governed by Spanish law and the courts of Arona, Tenerife and are covered by the law pertaining to "Ley de Servicios de la Sociedad de la información - Ley 34/2002 de 11 julio" and the Data Protection Act in Spain (Ley Organica 15/1999 de 13 diciembre, de Protection de Datos de Carácter Personal) and its various amendments e.g.in 2008.