Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY PRIOR TO USING THIS WEBSITE. YOUR ACCESS AND USE OF THIS WEBSITE www.themisrealestate.com (the “Website”) IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“T&Cs”).

THE T&Cs ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THEMIS PORTFOLIO LIMITED, A PRIVATE LIMITED COMPANY INCORPORATED AND REGISTERED UNDER THE LAWS OF THE REPUBLIC OF CYPRUS (“THEMIS”, “We”, “Us” or “Our”), ACTING IN ITS CAPACITY AS A SERVICING ENTITY, DULY AND FULLY AUTHORISED AND PERMITTED TO MANAGE AND ADMINISTER ALL REAL ESTATE ASSETS / IMMOVABLE PROPERTIES LISTED AND / OR APPEARING ON THE WEBSITE (COLLECTIVELY, THE “PROPERTIES” AND EACH A “PROPERTY”).

YOU ARE DEEMED TO FULLY AND UNEQUIVOCALLY ACCEPT THE T&Cs BY ACCESSING AND USING THE WEBSITE.

THE T&Cs WERE LAST UPDATED ON 01/07/2021. THEY SUPERSEDE ANY OLDER OR EARLIER VERSION. WE MAY REVISE, AMEND, VARY, MODIFY, CHANGE OR UPDATE THE T&Cs FROM TIME TO TIME AT OUR SOLE DISCRETION AND BY UPDATING THIS PAGE. IT IS YOUR RESPONSIBILITY, AS USER, TO CHECK THE T&Cs EVERY TIME YOU VISIT THE WEBSITE TO ENSURE YOU ARE FULLY FAMILIAR WITH AND UNDERSTAND THE T&Cs WHICH APPLY AT THE TIME OF EACH VISIT OR YOUR ACCESSING THE WEBSITE.

1. THE WEBSITE & THEMIS

The Website is operated by THEMIS and contains material, data, content and / or information, inter alia, on, for and in relation to the Properties, and provides a platform by which each Property that goes – or is to go - on sale is displayed, promoted [and advertised] on the Internet.

All Properties belong to third party proprietors. The Properties listed and / or appearing on the Website do not belong to THEMIS and the latter bears no title, right, interest or benefit whatsoever in the Properties.

THEMIS is, at all times, acting only as a service provider and agent to the third party proprietors of the Properties for the display, promotion and advertising of the Properties

2. CONTACT INFORMATION

To contact Us, please write to Us at our address at 85 Limassol Avenue, 2021 Aglantzia, Nicosia or via email at contact@themisrealestate.com or call Our customer service line on (+357) 22477650.

3. NO OFFER TO CONTRACT AND NO WARRANTY OR REPRESENTATION

The Website and all material, data, content and information contained thereon:

(a) are provided for general information purposes only, it does not take into account the particular needs of any user, it does not constitute a comprehensive or complete statement of the matters and issues discussed or pertaining to the Properties, or the law relating thereto;

(b) under no circumstances should they, or any part thereof, be used, deemed or considered as an offer to contract, an offer of sale or financing, request for an offer to purchase or finance, or recommendation, representation or inducement to perform any other transaction or to enter into any contract, agreement or other legally binding arrangement, including with respect to the Properties; and

(c) under no circumstances do they constitute or should be used, deemed or considered as a substitute for independent professional and / or specialist due diligence processes, searches or advice on legal, financial, real estate and any other matters or issues before taking, or refraining from, any action, on the basis of the content of the Website, in relation to any of the Properties, purchasing any of them or submitting an offer / tender to this end, or otherwise;

(d) under no circumstances do they constitute or should be used, deemed or considered as advice, whether professional, legal or other.

THEMIS is providing the Website, and all material, data, content and information contained thereon, on an ”as is” and “as seen” basis and makes no representations, guarantees or warranties of any kind, including express and implied ones, with respect thereof and disclaims all and any representations, guarantees and warranties, including but not limited to, any as, or relating, to title, condition, quality, accuracy, suitability, fitness for purpose and completeness, price, acquisition finance, tax and other liabilities (including, but not limited to, environmental liabilities), statutory and other duties, legality of sale, safety, capacity and authority to sell, structural strength and stability, location, size, dimensions, physical condition, legal and structural status and condition (including, but not limited to, encumbrances, mortgages, liens, assignments, securities, charges and freedom therefrom), building, planning and other permits, licences and pertinent terms and conditions) of and relating to the Properties (“Property Matters”), or freedom from viruses of the content contained on the Website or that such content will be accurate, precise, correct, reliable, up to date, uninterrupted, fault free or error free. The material, data, content and information contained on the Website may, amongst others faults or issues, be out of date or contain inaccuracies, imprecisions or errors, whether technical, factual, textual, typographical or other. Furthermore, (but without limitation) information may be rendered inaccurate or not current by changes in applicable laws and other regulations, policies, events and / or circumstances.

You hereby acknowledge and confirm your understanding that THEMIS is not an estate agent, lawyer, architect, civil engineer, banker, financial adviser or other professional or non-professional adviser or consultant.

You hereby acknowledge and accept that, in the event you may be interested in submitting a Tender Form (as defined in clause 11 herein below) through the Website for consideration:

(a) you shall be responsible for visiting, vetting and inspecting the Properties in site;

(b) you shall be responsible for independently, thoroughly and comprehensively checking and confirming all material, data, content and information contained on the Website, including, but not limited, any on or relating to the Properties, as well as any pertinent Property Matters, including, but not limited to, the obtaining of independent legal and other specialist and / or professional advice, the performance of independent research, searches, investigations and due diligence processes, as is [reasonably] required or is necessary by and under the circumstances, prior to submitting any such Tender Form (as defined in clause 11 herein below), either yourself / ves or through an advisor, estate agent or representative third party;

(c) that, under no circumstances, whatsoever, shall any action be taken, or omitted to be taken, by you, or for or on your behalf or at your behest, in reliance on the Website, any material, data, content and information contained on the Website, including, but not limited, any on or relating to the Properties, as well as any pertinent Property Matters, before taking, or refraining from taking, any action in relation to any of the Properties, or otherwise, including, but not limited to, prior to, for and in relation to the submission of a Tender Form (as defined in clause 11 herein below).

Due to the nature of software and the Internet, we do not warrant that the Website, your access to, use of, or the running of, the Website, and the material, data, content and information thereon, will always be available, uninterrupted, reliable, free of malfunctions, error free or fault free. We may suspend, withdraw, restrict, discontinue, revise, amend, vary, modify, update or change all or any part of the Website, including any information, material, content and / or data therein, including on, but not limited to, the Properties or Property Matters, without notice.

We make no warranty, representation or guarantee of any kind, including express and implied ones, that the Website or any information, material, content and / or data available on it complies with laws other than those of the Republic of Cyprus.

4. LIABILITY DISCLAIMER, WAIVER AND RELEASE

Neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable for any loss or damages however arising, including, but not limited to, out of or in connection with the access and / or use of this Website or any information, material, content and / or data available on it, including these T&Cs.

This clause is intended and accepted by you as a comprehensive disclaimer of liability (both contractual and non-contractual) which applies to all damages and losses of any kind, including (without limitation) compensatory, direct, indirect and consequential damages and loss, corruption or loss of data, income or profit, loss of or damage to property or goodwill, loss of opportunity and claims of third parties, except with regard to death or personal injury arising out of our gross negligence or where it would be unlawful to disclaim liability under Cypriot law.

Furthermore, and without limitation:

(a) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable with regards to any misinformation, inaccuracy, mistake, error, imprecision, misrepresentation, reliance and so on concerning the information, material, content and / or data on the Website pertaining to the Properties, Property Matters or otherwise;

(b) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable if We cannot process your enquiries or your Tender(s) / Offer Form(s) (as defined in clause 11 herein below) for any reason whatsoever, including, but not limited to, due to any error, breakdown interruption, malfunction of the Website or inability to use /access the Website or any other circumstances. We disclaim any and all liability and responsibility for any loss, damage or consequence(s) suffered or incurred by you, or caused to you, as a result of or arising out of or in connection with such error, interruption or malfunction, including the prevention or restriction from submitting a tender, an offer and / or Tender Form (as defined in clause 11 herein below) or the loss of opportunity to purchase, any one or more of the Properties;

(c) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable for any communications, whether previous or subsequent, that you may receive directly or indirectly from any estate agent or other third parties acting on THEMIS’ behalf;

(d) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable for any failures due to software, computer, system or Internet errors, disruptions, delays, disconnections, or unavailability or any other circumstances beyond our reasonable control;

(e) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable for any loss, damage and / or theft of your password and / or account ID caused by a breakdown, error, disruption, loss of power, an automated program (including, without limitation, any spider or web crawler), hacking program or code, virus, logic bomb, Trojan horses, worms, time/logic-bombs, keystroke loggers, spyware, adware, malware or any other material, harmful programs or similar computer program or code designed to adversely affect or infiltrate the operation of the Website or any computer, system, software or hardware, or which could have such consequences, caused by or to your, or by or to Our, Website, computer or system and any other hardware or software;

(f) neither THEMIS nor any of its officers, employees, agents, representatives or third party contractors shall be liable to you for any loss, damage or consequence(s) suffered or incurred by you, or caused to you, as a result of or arising out of or in connection with any unauthorised access to Our system(s), computer(s), software, hardware or the Website.

Provided that we reserve the right to put in place and install any such systems, software or hardware, including, but not limited to, firewalls, as we from time to time see fit to prevent, thwart or restrict unauthorised access to Our system(s), computer(s), software, hardware or the Website and neither shall THEMIS nor any of its officers, employees, agents, representatives or third party contractors be liable to you for any loss, damage or consequence(s) suffered or incurred by you, or caused to you, as a result of or arising out of or in connection with any such systems, software or hardware, including, but not limited to, firewalls.

You hereby fully and unequivocally agree that:

(a) each of the above exclusions and / or limitations is reasonable having regard to the nature of Our website; and

(b) each of the above exclusions and / or limitations shall be construed as a separate, and severable, provision of these T&Cs.

Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded or limited.

By accessing and using the Website you confirm that, to the full extent permissible by applicable law, you hereby fully, unequivocally, irrevocably and absolutely:

(a) waive any and all past, current and future claim(s), action(s), difference(s), dispute(s), right(s), cause(s) of action against THEMIS, its officers, employees, agents, representatives or third party contractors and release the same therefrom; and

(b) release THEMIS, its officers, employees, agents, representatives or third party contractors from and in relation to any and all damages, loss or consequence(s) whatsoever suffered or incurred by you, or caused to you, inter alia, as a result of or arising out of or in connection with your access to and use of the Website and all material, data, content and information contained thereon and waive any rights thereto against the same persons.

5. Intellectual Property Rights

Copyright

Except as otherwise expressly stated on the Website, the copyright and all other intellectual property and other rights in the Website, its design (including, but not limited to, its text and graphics), contents and all other material, data, content and information contained on the Website are owned by THEMIS, or used and / or reproduced with and / or by the permission of the rights’ proprietor(s).

The access and / or use of the Website by a user in no way represents or implies the assignment or transfer, in any way whatsoever, of any intellectual property or other rights, interests or benefits over the Website, its design, its contents, and all other material, data, content and information contained on, including, but not limited to, the distinctive trademarks, service marks, company, business and trade names, registered names, designs, signs and logos and copyrights of THEMIS.

Trade marks

THEMIS is a registered trademark of this business. All other trademarks, service marks, company, business and trade names, registered names, designs, signs and logos and copyrights of used on the Website are the property of their respective rightful proprietor(s) or holders whether the same are identified on the Website or not. No permission is given whatsoever by THEMIS in respect of the use of any such trademarks, service marks, company, business and trade names, registered names, designs, signs and logos or copyrights and such use may constitute an infringement of the rightful proprietor’s or holder’s rights.

Links to other websites

On the Website you may be offered links to other websites that may be of interest to you. These links are provided for your convenience and inclusion of any link does not imply indorsement or approval by Us of the linked site, its proprietors or operators or its content. THEMIS does not monitor the content on those websites and does not accept any responsibility or liability whatsoever for the content of those websites, the proprietors or operators. Use of those websites is at your own risk.

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not in any way whatsoever damage, cause loss to or compromise THEMIS (and / or its officers, employees, agents, representatives or third party contractors) or its and / or their reputation or take advantage of it, or exposes Us to harm, risk, damages, loss or adverse consequence(s), or, in any way, change or manipulate the Website or the material, data, content and information contained thereon. We reserve the right to withdraw linking permission without notice and without providing any justification. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none expressly exists. The website in which you are linking must comply in all respects with the applicable laws.

User Comments

Sections of the Website may contain views expressed by users. These do not represent THEMIS’ views, beliefs or values nor those of its officers, employees, agents, representatives or third party contractors. We reserve the right to remove users’ comments and statements and to take down any user uploaded content at our absolute discretion, at any time and without notice nor the need to provide any justification, reasoning, feedback or explanation for doing so.

6. Your Responsibilities, Obligations and Conduct

System Compatibility; Other User Compliance

You hereby confirm that you are solely responsible for ensuring that your computer system meets the requisite technical and other specifications to use the Website and that your computer system is virus-free, up-to-date and compatible with, and shall cause no damage or loss to, the Website (including, but not limited, to any material, data, content and information thereon).

You are further responsible for ensuring that all persons who access the Website through your Internet connection are also aware of the T&Cs and agree to fully observe, adhere to and comply with them.

Use of Content

You may use, copy, download, store, analyse, print and display any material, data, content and information contained on the Website solely for your own personal use or for the purpose of submitting a bona fide tender / offer through the submission of a Tender / Offer Form (as defined in clause 11 herein below) but for no other purpose whatsoever.

In no event and under no circumstances are you permitted to publish, re-sell, store, save, manipulate, reformat, extract, print, display, copy, replicate, duplicate, re-transmit, re-distribute, modify, amend, revise, change, vary, delete, or otherwise reproduce or adversely affect the Website, its design or any material, data, content and information contained thereon, in any format and to anyone and you are prohibited from, whether directly or indirectly, utilising and using the same in connection with any business or commercial enterprise or venture, including any other Internet site, without Our prior express and written permission.

Prohibited / Restricted Uses

You may not misuse our systems or the Website and must only use these for legitimate and lawful purposes.

You may not use the Website, its design or any material, data, content and information contained thereon:

(a) in any way that breaches or infringes any applicable local, national or international law or treaty;

(b) in any way that is not in good faith, is unlawful / illegal, negligent, or fraudulent, or has any unlawful / illegal, negligent or fraudulent purpose or effect;

(c) to use the Website, its design or any material, data, content and information contained thereon in any way that competes with THEMIS;

(d) to submit, send, transmit, knowingly receive, upload, download, extract, use or re-use any material, data, content or information which does not comply with Our Website or content standards or values;

(e) to transmit, send, broadcast, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(f) to knowingly or negligently submit, send, transmit or upload any , any material, data, content or information that contains any automated program (including, without limitation, any spider or web crawler), hacking program or code, virus, logic bomb, Trojan horses, worms, time/logic-bombs, keystroke loggers, spyware, adware, malware or any other material, harmful programs or similar computer program or code designed to adversely affect or infiltrate the operation of the Website or any computer, system, software or hardware, or which could have such consequences;

(g) to infiltrate, hack into, circumvent security or otherwise disrupt the operation of Our system(s), software, hardware or the Website, or attempt to carry out any of these activities;

(h) to use or attempt to use an automated program (including, without limitation, any spider or web crawler), to access, inter alia, our system(s), software, hardware and / or the Website. You may not use any scraping technology on the Website. Any such use or attempted use of an automated program shall be a misuse of our system(s), software, hardware and the Website. Obtaining access to any part of our system(s), software, hardware or the Website by means of any such automated program is strictly unauthorised and prohibited; and

(i) to misuse or manipulate any content or forms, including but not limited to the Tender / Offer Form (as defined in clause 11 herein below) on the Website, and any forms you submit must be a genuine and bona fide enquiry or tender / offer serving the purposes of the Website.

You additionally, hereby, agree:

(j) Not to access, without express authority, interfere with, damage, adversely affect or disrupt:

(i) any part or section of the Website;

(ii) any equipment or network on which the Website is stored;

(iii) any system(s), software or hardware used in the provision of the Website; or

(iv) any equipment, network system(s), software or hardware belonging or used by any third party; and

(v) to fully observe, adhere to, comply with the content standards set out in these T&Cs under clause 7 (“Interactive Services and Content”) whenever you make use of features that allow you to upload content to the Website, or make contact with other users of the Website. You warrant that any such contribution fully complies with the content standards and, if you are a business, you will indemnify us and keep us harmless and indemnified, at all times, against any liability, damages, loss and other consequences brought about, incurred or suffered by Us due to your breach of this warranty;

Furthermore, by breaching certain of the above provisions, you could be committing a criminal offence, inter alia, under the Penal Code, Cap. 154, as amended and the Law Ratifying the Convention on Cyber Crime, L. 22(III)/2004, as amended from time to time. We will report any such breach to the relevant law enforcement and other 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 the Website will cease immediately.

Compensation

You hereby agree to fully indemnify and keep THEMIS and/or its officers, employees, agents, representatives or third party contractors fully harmless and indemnified, at all times, against any liability, damage, loss or other consequences incurred brought about, incurred or suffered by Us due to your breach or infringement of these T&Cs, including, but not limited to, any and all reasonable fees for legal services and costs incurred, however arising, including, but not limited to, any liability, damage or loss arising out of any claim(s), action(s), procedure(s) difference(s), dispute(s), right(s) or cause(s) of action initiated against THEMIS and/or its officers, employees, agents, representatives or third party contractors, to the extent that such claim(s), action(s), procedure(s) difference(s), dispute(s), right(s) or cause(s) of action arise(s) out of or in connection with the access and / or use of this Website by you, including, but not limited to:

(a) any improper use of the Website, or any material, data, content or information thereon, either by you or another person who may have accessed your computer, system, software or hardware;

(b) the breach or infringement of any provision under these T&Cs, whether by you or by another person accessing the Website, or any material, data, content or information thereon, from your computer, system, software or hardware;

(c) any omission, addition, insertion or alteration, or any unauthorised use of our computer(s), system(s), software, hardware or the Website by you or by any third party accessing the Website, or any material, data, content or information thereon, from your computer; and

(d) the falsification, counterfeiting, obfuscation or alteration of your true identity, details or personal data, or any part thereof.

7. Interactive Services and Content

When you fill out and submit any form on or through the Website, your personal data will be processed in accordance with our Privacy Policy. All other content that you upload on the Website shall be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted by you to the Website breaches that third party’s rights under any applicable law.

All content that you upload on the Website:

(a) Must be true, correct, precise and accurate (where you state facts);

(b) Must be genuinely held (where you state opinions);

(c) Must fully observe, adhere to, comply with all applicable laws; and

(d) May not contain any material, data, content or information which is illegal, unlawful, defamatory of any person, obscene, offensive, hateful, discriminatory, unethical, harassing, immoral or inflammatory or contain any data, content or information which could potentially pass-off, breach or infringe any rights, including, but not limited to, any intellectual property rights of a third party.

THEMIS will determine in our absolute discretion whether there has been a breach of the T&Cs and where we believe that a breach has occurred we may take such action and steps as we deem appropriate under the circumstances. Such action and steps may include:

(a) immediate, temporary or permanent withdrawal, restriction or limitation of your right to access and use the Website;

(b) immediate temporary or permanent removal from the Website of any posting or material, data, content or information uploaded by you;

(c) further legal action against you, including the filing criminal charges; and

(d) disclosure of such material, data, content or information to law enforcement or other authorities as we reasonably consider necessary.

8. Barring / Blocking from the Website

We reserve the right to bar or block users from the Website and/or restrict, limit, time-bar, deny or disable their access or use of any or all of our systems, the Website and / or any material, data, content or information thereon, whether permanently or temporarily, at our absolute discretion. If you are barred or blocked from the Website or any part or section thereof you may not attempt to use the Website under any other name or through any other user.

9. Registration

To gain access to certain details, services, parts or sections to the Website you may need to register.

To access, use and register on the Website, you must be:

(a) competent to contract pursuant to s. 11 of the Contracts Law, Cap. 149, as amended;

(b) at least 18 years old, to access and use the Website.

By accessing and using the Website you confirm that you are both competent to contract pursuant to s. 11 of the Contracts Law, Cap. 149, as amended, as well as at least 18 years old.

At our absolute discretion we may refuse your application for registration. Each registration is for a single user only. You may not share your username and password with any other person or with multiple users on a network, you accept full responsibility for all access and use, and for keeping your username and password secret and undertake to notify us immediately of any unauthorised use of your username, password or account, or any other breach of security of the Website, of which you become aware. You undertake to provide true, accurate, precise and complete information and data for the purposes of registering. We reserve the right to block or disable any account or password at any time if in our reasonable opinion you have failed, refused or omitted to fully observe, adhere to or comply with any of the provisions of the T&Cs.

10. Suspension or Withdrawal of the Website

The Website and all material, data, content or information thereon are made available free of charge.

We may, at our absolute discretion, suspend or withdraw or restrict the availability of all or any part of the Website, including of material, data, content or information thereon, for any reason whatsoever and at any time, including, but not limited to, any business and / or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

11. Tender Process

The procedure to be followed for the submission of a(n) tender / offer for the purchase of any of the Properties and the terms and conditions under which the potential sale and transfer of such Property shall be completed are set out in the terms and conditions included in the tender form (the “Tender Form”).

Each user interested in submitting a(n) tender / offer should carefully read and comply with the Tender T&Cs.

A Tender Form may only be submitted in accordance with the Tender T&Cs.

These T&Cs shall not be construed as prejudicing, forming part of, substituting, amending, varying, modifying, changing, superseding, revising, or supplementing the Tender T&Cs.

12. Sub-contracting

THEMIS may cede, transfer or assign any of its rights or sub-contract any of its obligations under these T&Cs, without requiring your prior consent.

13. Additional Terms

The T&Cs refer to additional terms, which also apply to your use of the Website, as follows:

(a)THEMIS’s Privacy Policy, which sets out the terms on which THEMIS processes any personal data collected from you, or that is provided by you to THEMIS. By using the Website, you are deemed to accept such processing and you warrant that all data provided by you is accurate; and

(b)THEMIS’s Cookies Policy, which sets out information about the cookies on the Website.

14. Third Party Operators

THEMIS reserves the right to, at its absolute discretion, hire and use third party operators / administrators for the Website or to hire / purchase the services of any third party to set up, run, administer, operate on a day to day basis, service and handle the Website and material, data, content or information thereon.

15. Invalidity

If any part of these T&Cs is invalid, illegal, unlawful, void, unenforceable (including any provision in which we exclude our liability to you) or similar, the validity, legality, lawfulness, enforceability of any other part of these conditions will not be affected.

16. Governing Law and Jurisdiction

These T&Cs shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus and the courts of the Republic of Cyprus shall have exclusive jurisdiction to resolve any disputes or differences between us, including the construction of the present T&Cs.