Welcome to the VAMOOVE website (the “Site”). VAMOOVE.COM is a property listing Site which is owned/held by Realescon Global LTD, (the “Company”) an England and Wales registered Company.
The Company and/or its affiliates may, without any prior notice, change the terms of agreement, and you are responsible for reviewing the changes, if any, and complying with them regularly.
The word “user(s)”, wherever mentioned in the agreement, shall be deemed to include, without limitation, everyone accessing, browsing, or using this Site and/or its content in any manner whatsoever, and/or contributing data to the Site in any form, including, but not limited to, graphics, advertisements, files, pictures, multi-media data, articles, write-ups, personal details, household addresses, email addresses, telephone nos., names, etc. and/or any other information (hereinafter referred to as “user submissions”) that may be of use to the Company, or its sponsors, or its affiliates or other users; however, the Company shall have the sole discretion and authority to reject any user- submission, without assigning any reason therefor, or to edit its contents before allowing it to be posted on the Site.
You must register on this Site in order to use certain of the Site functions, such as upload and list properties, contact a property seller or buyer and view the full details of a property and contact. If you just want to browse this Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. The Company reserves the right to reject or remove any username.
For certain of our functions, such as the intention to purchase a property, you are required to provide your lawyer or solicitor contact details. This is required in order to a property seller to know who to instruct when it receives a real buying offer on its property. You are required to provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Though Company will not be liable for any loss(es) caused to you by any unauthorized use of your account but you may be liable for the losses of Company or others due to such unauthorized use. You hereby promise and undertake never to use another user’s account, username or password without his/her written permission.
CONDITIONS APPLICABLE FOR SITE ACCESS
Subject to your compliance on a continuing basis with all of the terms and conditions of this agreement, the Company hereby grants you permission to use the Site only as set forth in this agreement, and provided that:
(i) you will access and use the content, including user-submissions, posted on the Site for the sole purpose of gathering information about listed properties, buyers or sellers contact details, and for personal communication with them (hereinafter referred to as “intended use”);
(ii) you will not copy or distribute any part of the Site in any medium without Company’s prior written authorization;
(iii) you will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Site, the proper operation of the Site, the features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein, or interfere with any activity being conducted on the Site;
(iv) you will not post or transmit on the Site any content that is not considered appropriate for family consumption;
(v) you will not violate any laws, third party rights, and/or our policies;
(vi) you will not post false, inaccurate, misleading, obscene, defamatory, or libelous content on Site;
(vii) you will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm Company, or the interests or property of users;
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree that your user submissions will not contain ‘restricted or password only access pages’ or ‘hidden pages or images’.
We reserve the right in our sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, and such action would include reporting to the law enforcement authorities.
You acknowledge that we process your user-submissions; and that in doing so, we may record, analyze, or copy your user-submissions in order to provide services, to diagnose problems, or to maintain the website. By accessing or using the website, you expressly consent to our recording and analysis of your user-submissions.
RULES FOR REAL ESTATE PROFESSIONALS
Information Provided by Real Estate Professionals: If you are a real estate professional, you agree that you will not claim or submit property listings that do not belong to you.
Site User Content Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about the users that is transferred to you during your use of the Site (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
SUBSCRIPTION AND PAYMENT PLANS
You acknowledge that the Company, in its sole discretion, reserves the right to change the amount of subscription fees from time to time, and/or to charge any other fee; and that you will not circumvent or manipulate Company’s fee structure, the billing process, and/or fees owed to Company.
The entire content on Site, except any and all user-submissions, but including the trademarks, service marks and logos contained therein (collectively referred to hereinafter as “Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under England and Wales and foreign laws, as well as international conventions.
Except as the Company may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from the Company on the Site without our express prior written consent and in any way that violates any right of any user/third party.
You shall be solely responsible for your own user-submissions and the consequences of posting or publishing them. You agree that Company has no liability with respect to any user-submissions; including, without limitation, your own submissions, and you hereby irrevocably release the Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to user-submissions or any part thereof. You acknowledge that the Company has no obligation to store, transmit, or maintain any user-submissions and that Company may cease storing, transmitting, or maintaining any or all user-submissions at any time, in its sole discretion.
In connection with your user-submissions, you affirm, represent, and warrant that (and that you can and will demonstrate to Company’s full satisfaction upon its request that):
1. you own, or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use the whole content, contained in each such user- submission, in its entirety, and to enable inclusion and use of such user-submissions in the manner contemplated by the Site and this agreement;
2. you have the written consent, release, and/or permission of each and every identifiable residential property owner and/or individual person in the user- submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user-submissions in the manner contemplated by this website and this agreement; and
3. the posting of your user-submission on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, and you agree to pay all royalties, fees, and/or other fees owing to any person or entity by reason of any content posted by you on or through Site;
In connection with user-submissions, you further agree that you will not:
(i) publish falsehoods or misrepresentations that could damage the Company, its affiliates, sponsors, and/or any third-party;
(ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate or objectionable in the sole opinion of the Company;
(iii) impersonate another person;
(iv) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all the license rights in respect thereof.
(v) Company reserves the sole right to decide whether a user-submission is inappropriate, or violates the terms of this agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Company also reserves the right, in its sole discretion, to reject, refuse to post or remove any user-submission posted by you, or to restrict, suspend or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice.
DISCLAIMER OF WARRANTIES
We provide this Site and its contents “AS IS.” We and make no express warranties or guarantees about this Site.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. Company has no special relationship with, or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what content you access via the Site and its affiliated services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Company from all liability for your having accessed/used content on or through the Site.
Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, suitability, completeness, reliability, copyright compliance, legality or decency of material contained in or accessed through the Site. To the fullest extent permitted by law; the Company, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your access/use thereof, including warranties of merchantability, fitness for a particular purpose and non- infringement. In addition, neither Company nor its suppliers, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about accuracy or completeness of the Site’s content or the content of any ‘third-party Sites’, linked to the Site, and assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the content;
(iii) any unauthorized access to or use of the secure servers and/or any and all information stored therein;
(iv) any interruption or cessation of transmission to or from the website;
(v) any bugs, viruses, Trojan horses, or the likes which may be transmitted to or through the website by any user or third-party; and/or
(vi) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via website. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through website, or any hyperlinked ‘third-party website’, or featured in any banner or other form of advertising, and Company will not be a party to, or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
The website is controlled and offered by Company from its facilities in the United Kingdom. Company makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other countries/jurisdictions do so at their own volition, and are responsible for compliance with local law.
LIMITATION OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our Company and suppliers, shall be limited to the extent permitted by law.
The Company is not to be held responsible or liable for any misunderstanding between the property owner and interested parties regarding price of property, time of delivery or the quality. The Site will be advertising the properties with pictures / video and text as provided and approved by owners and agents or other legal representative. The individual or Company selling or letting a property remains the sole responsible person in providing precise and trustworthy information regarding any property wished for being advertised online.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SEVERABILITY AND INTEGRATION
If there is any dispute about usage, accuracy, completeness, suitability, reliability or appropriateness of content posted on this Site, and/or interpretation of meaning or applicability of any of the terms and conditions stipulated in this agreement, and/or any claim made by you against Company or vice-versa, and/or any other dispute involving the Site or any aspect/part thereof in any manner, which is not foreseeable as of now, such dispute(s) shall be governed by the laws of England and Wales, without regard to conflict with laws/provisions prevailing elsewhere.