TERMS OF SERVICE
The Gecko Properties website (together with the documents referred to on it) tells you the terms and conditions on which you may use our website www.geckoproperties.fr. Please ensure that you read these terms carefully and make sure that you understand them before you start using Gecko Properties. By using Gecko Properties, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use Gecko Properties.
This website is operated by Gecko Properties siret number 83194245300026 and was set up by, and managed by, Vivid Creative Agency (VCA) siret number 831942452900023. Our registered office is located at a private address in France. If you require this information, please contact us via the contact form. Our trading address and address for correspondence is a private address in France, if you require this information, please contact us via the contact form. We are not registered for VAT / TVA. Throughout the site, the terms “we”, “us” and “our” refer to Gecko Properties. Gecko Properties, including all information, tools and services available from this site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or advertising on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, advertisers, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.
1 : ON-LINE TERMS
1.1 By agreeing to these Terms of Service, you agree that you must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services.
1.2 “Confirmation” means our e-mail confirmation to you that your email message has been received.
1.3 “Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, images and all other material on geckoproperties.fr.
1.4 “Items” means all properties offered for sale or rent that have been posted on geckoproperties.fr.
1.5 “Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.
1.6 “Gecko” means all web pages available under the domain geckoproperties.fr.
1.7 “Services” means all or any services provided by us through geckoproperties.fr.
2: GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.2 Gecko Properties take no responsibility for content provided by sellers/individuals or companies who advertise on our site. We are not responsible for contracts for the supply of goods, services or information formed through Gecko (or as a result of visits made to geckoproperties.fr) between you and other Gecko users. We are simply a venue for advertisements.
2.3 Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. Gecko is not a party to the contract between the seller and buyer nor is Gecko liable under it.
2.4 We do not provide any warranties or assurances in relation to the items/services you purchase (or attempt to purchase) from third party sellers through Gecko, or from companies to whose website we have provided a link on Gecko, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
3: ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
3.1 We are not responsible for information made available on this site which is not accurate, complete or current.
3.2 All information on property adverts is supplied by the vendor, and Gecko takes no responsibility for content supplied.
3.3 All measurements are approximate and are supplied in good faith by the vendor. All buyers are advised to make their own investigations and to check the validity of information supplied.
3.4 All legalities are the responsibility of the vendor and the assigned Notaire/s for the sale/purchase.
3.5 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
3.6 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4: MODIFICATIONS TO THE SERVICE & PRICES
4.1 We reserve all rights to change advertising prices, price packages, special price offers etc without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.3 Vendors are solely paying Gecko for advertising space. No other estate agency services are included in the price.
5.1 We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.2 We reserve the right to limit the quantities of any services that we offer.
5.3 All descriptions of services pricing are subject to change at anytime without notice, at the sole discretion of us.
5.4 We reserve the right to discontinue any service at any time.
6: ACCURACY OF BILLING & ACCOUNT INFORMATION
6.1 We reserve the right to refuse any order you place with us.
6.2 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7: NO DUTY TO RECORD USER ACTIVITY
7.1 We are under no duty to to monitor or record the activity of any Gecko user.
7.2 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.
8 : THIRD PARTY LINKS
8.1 Certain content and services available via our Service may include services from third-parties.
8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.3 We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8.4 We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour or any Content Posted is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.
9 : INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights on geckoproperties and in Content Posted on it. Those works are protected by copyright laws. All such rights are reserved.
9.2 You may print off, and may download extracts, of any page(s) from geckoproperties for your personal reference and you may draw the attention of others to Content Posted on geckoproperties.
9.3 You must not modify digital copies of any Content you have downloaded in any way, and you must not use Content separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of Content on geckoproperties must always be acknowledged.
9.5 You must not use any part of the Content on geckoproperties for commercial purposes.
10 : ERRORS, INACCURACIES AND OMISSION
10.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to property descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the website at any time without prior notice.
11 : VIRUSES, HACKING & OTHER OFFENCES
11.1 You must not misuse gecko properties by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to gecko properties, the server on which Gecko is stored or any server, computer or database connected to gecko properties.
11.2 By breaching this provision, you would commit a criminal offence under the EU Computer Misuse Acts. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Gecko will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of gecko properties or to your downloading of any material posted on it, or on any website linked to it
12 : LIMITATION OF LIABILITY
12.1 The material displayed on gecko properties (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.
12.2 Subject to clause
12.3 To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Gecko or in connection with the use, inability to use, or of the use of Gecko, any websites linked to it and any materials posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and for any other loss or damage of any kind 12.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.
12.4 Without prejudice to the general limits on our liability: (a) we are under no obligation to you to monitor or record the Postings, Content or other activities of users of gecko properties; (b) we do not assume any responsibility for the truth or accuracy of any Postings or Content; (c) we are not responsible for third parties.
13 : EVENTS OUT OF OUR CONTROL
13.1 We will not be liable or responsible for any matter arising out or in connection with events outside of our reasonable control, including without limitation: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (e) impossibility of the use of public or private telecommunications networks. each a (“Force Majeure Event”).
13.2 Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
14: INTERRUPTION OF SERVICE
14.1 We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.
14.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service.
15 - REFUND POLICY
15.1 If you cancel your advert for reasons other than our breach, then we will not refund to you any monies.
15.2 If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.
16 : WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using gecko properties, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 All notices given by you to us must be sent via email to firstname.lastname@example.org. Notices given to you by us will be sent to your last known email address. In proving the service of any notice, it will be sufficient to prove that an e-mail was sent to the specified email address of the addressee. Delivery is still deemed to have taken place if the notice has been the subject of action by a spam filter.
18: TERMS AGREEMENT
18.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for our fraud.
19: OUR RIGHT TO VARY / UPDATE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these Terms and Conditions at any time.
19.2 You are expected to check this page from time to time to take notice of any changes we have made, which will be highlighted for a period of one month.
20.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.
22: THIRD PARTY RIGHTS
22.1 A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under any French or EU Contracts (Rights of Third Parties) Act.
23: DISPUTE RESOLUTION
23.1 If any dispute arises out off or in connection with gecko properties, we will first attempt to settle it by mediation in accordance with the appropriate French or EU Effective Dispute Resolution Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated.
24: JURISDICTION & APPLICABLE LAW
24.1 The French courts will have non-exclusive jurisdiction over any claim arising from, or related to, Gecko although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.