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TERMS OF USE

This web site (the “Site”) is made available to you by French Property Matters Limited (“FPM”) for information purposes only. You should read these terms and conditions of use (“Terms of Use”) carefully before using the Site. By accessing or using the Site, you agree to be bound with FPM by these Terms of Use. No proposed variation, amendment or changes to these Terms of Use are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you are not authorised to use the Site and your sole remedy is to cease using the Site immediately.

1 Background
FPM commenced operations as such in the United Kingdom in March 2004; it is a specialist company providing holiday rentals, letting services, property management and new build services.

2 Availability
Whilst FPM makes every effort to ensure that the Site is available, it does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Your use of the Site is at the sole discretion of FPM. FPM may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further FPM reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion.

3 Proper Conduct
You warrant that when using the Site you shall not:

(1) resell or transfer any Content (as defined in Section 4 below) of the Site;

(2) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Site;

(3) copy, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, component or other material obtained through the Site (other than as expressly permitted by these Terms of Use);

(4) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to FPM by other Site users;

(5) use any robot, spider, or other automatic device, or manual process to monitor or copy the Site pages or the contents contained therein without the prior, expressed written permission of FPM.

The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. As described in Section 4 below, any unauthorised use of any Content contained in the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

FPM reserves its right to prevent you from accessing the Site if you do not comply with any part of these terms and conditions.

4 Intellectual Property Rights
All images, text, programs, and other materials and content (collectively, the “Content”) provided on the Site is protected by law, including copyright law and intellectual property rights laws. Any intellectual property rights subsisting in the Content on the Site belongs to FPM. All rights are reserved for the benefit of FPM. Nothing in these terms and conditions grants you any rights in the Site or the Content contained therein.

You are granted permission to display, copy, distribute and download the Content on the Site for personal, non-commercial use only, provided you: (i) keep intact all copyright and other proprietary notices; (ii) make no modifications to the Content on the Site; (iii) do not use the Content on the Site in a manner that suggests an association with any products, services, or brands; and (iv) do not download the Content to a database that can be used to avoid future downloads from the Site. Except as stated herein, none of the Content may be copied, reproduced, republished, downloaded, displayed, modified, transmitted, licensed, transferred, sold or distributed by any means or otherwise exploited in any manner, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of FPM or it is clearly indicated that any document or information may be downloaded and used.

The names, logos, taglines and other marks identifying FPM and its products and services are proprietary marks of FPM. Any other trademarks and service marks are the property of their respective owners. This Terms of Use does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.

5 Content
As described in Section 6 below (Disclaimers), whilst FPM endeavours to ensure that the information posted on the Site is accurate, FPM does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose. Products and services referred to on the Site will only be offered publicly in those jurisdictions where it is lawful to do so and the Site is only directed at such jurisdictions. You agree that you will make yourself aware of and adhere to any restrictions there may be in your jurisdiction upon any services referred to in the Site.

6 Disclaimers
YOU AGREE THAT ANY USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THE SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FPM DOES NOT WARRANT THAT THE SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED TO THROUGH THE SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE INCLUDING THESE TERMS AND CONDITIONS DO NOT CONSTITUTE OR FORM PART OF ANY OFFER OR INVITATION IN ANY JURISDICTION TO ENTER INTO ANY AGREEMENT RELATING TO ANY INVESTMENT WHATSOEVER, INCLUDING ANY OFFER.

ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE IS NOT TO BE REGARDED AS A RECOMMENDATION AND DOES NOT PURPORT TO GIVE ANY ADVICE WHATSOEVER AND SHOULD NOT BE CONSTRUED AS SUCH.

TO THE FULLEST EXTENT PERMITTED BY LAW, FPM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE; (C) ANY WARRANTIES THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

7 Limitation of Liability
If you are accessing the Site from outside of the United Kingdom, you are responsible for ensuring that your use of the Site is in accordance with the laws of the country of your residence or the jurisdiction from which you are accessing the Site. FPM disclaims and excludes all liability howsoever arising and of whatsoever nature to you in the event that your use of the Site is contrary to the laws of the country of your residence or from which you are accessing the Site.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FPM BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:

a) YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THE SITE;

b) ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE;

c) THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE; OR

d) ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.

For the avoidance of doubt, FPM does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by FPM on the Site or for any other statutory rights that are not capable of being excluded.

8 Hyperlinks and Third Party Sites
The Site may contain hyperlinks to web sites owned and operated by parties other than FPM. Such hyperlinks are provided only for your convenience. We do not control such third party web sites and are not responsible for their contents. The inclusion of hyperlinks on the Site does not mean that we endorse or approve of any third party web site to which you may have access through the linked web sites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party web sites or for any action you may take as a result of linking to any such web site. Each of the web sites to which you may link are likely to set forth specific terms and conditions of use that you should review.

9 Indemnity
You agree to indemnify, defend and hold harmless FPM, its directors, officers, employees, agents, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “FPM Indemnitees”) from and against any and all claim, loss, expense, or demand or liability, including legal fees and costs, incurred by the FPM Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) you use of the Site in violation of these Terms of Use or in violation of any applicable law.
You agree to cooperate with us as reasonably required in the defence of any such claims. The FPM Indemnitees reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of FPM.

10 Security
FPM takes appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although FPM takes appropriate measures to protect the security of the information communicated through the Site, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorisation. As no Internet-connected computer system can be made absolutely secure from intrusion, FPM cannot and does not guarantee that others have not modified information displayed on the Site without authorisation or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use the Site to communicate with us, you do so at your own risk.

11 Privacy Statement
You can visit the Site without revealing who you are or providing any personal information about yourself.

As described herein, FPM operates the Site for the purpose of providing information concerning its providing of holiday rentals, letting services, property management and new build services. FPM takes the security of your personal information seriously and uses secure servers and various other technological means available to assure this. By using the Site, you consent to the processing of personal information about you as described in this Privacy Statement and you agree to the use of such data in accordance with all applicable laws and regulations.

The information that FPM collects on the Site consists of voluntarily submitted personal information that is required to request information through the Site. For example, in sending electronic correspondence to us, you may provide us with personal information, such as your name, e-mail address, physical address, telephone/fax number and demographic information (such as, city, town and country, or any other demographic information that you may submit). Any personal information collected and stored is in a manner appropriate to the nature of your request, as determined by FPM to respond to your request. However, this information will not be collected without your knowledge.

All information you provide through the Site may be used to process your inquiry or request; to comply with any law, regulation, audit or court order; to help improve the Site or the products or services that are offered; for research; to better understand our customers' needs; and to develop new products. This information may be provided to or shared with affiliates of FPM. Except as provided herein, FPM will not share your personal information with any third party without your prior consent. FPM does not currently sell, trade or rent personal information to any third party without your prior consent.

When you visit the Site, FPM may collect usage information to help it understand how the Site is navigated and used. This data does not include any personal information about you and is used only to measure and improve the effectiveness of the Site.

The Site may use “cookies” to enhance your viewing experience. A cookie is a tiny element of data that is sent to your browser to be stored on your hard drive so that FPM can recognise you when you return. You may set your browser to notify you when you receive a cookie or refuse cookies from all web sites, if you wish. Please note, however, that if you reject cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you more than once.

12 Remedies for Misuse
You agree that any unauthorised use of the Site or its Contents may cause FPM immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorised use of the Site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE SITE OR CONTENT, THEN YOU SHALL BE LIABLE TO FPM FOR LIQUIDATED DAMAGES IN THE AMOUNT OF £5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

13 General
FPM reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by FPM. It is your responsibility to check these terms and conditions from time to time to verify such variations.

These Terms of Use contains the entire understanding and agreement between FPM and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or FPM, which is not contained herein.

Should a British court declare any part of these terms and conditions for any reason invalid or unenforceable, it shall be deemed to be deleted without affecting the remaining provisions.

14 Applicable Laws
These terms and conditions are governed and construed in accordance with English laws. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

YOU AND FPM WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE.

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

Any rights not expressly granted herein are reserved by FPM.

If you have any questions about these Terms of Use, the operation of the Site, or your dealings with us please contact us at:

French property Matters Limited
 
Telephone:   0(044) 1189 700138
E-mail:   info@frenchpropertymatters.co.uk
www.frenchpropertymatters.co.uk

FRENCH PROPERTY MATTERS

French Property Matters will be launching its services in Summer 2004.

In the meantime please do not hesitate to contact us should you be interested in using our services or partnering with our business.

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Holiday villa and cottage rentals, property letting, property maintenance and new build services. Content © French Property Matters, 2004