Last updated: October 15, 2024

These Terms and Conditions govern your use of our website and service (“Website”, or “Service”) operated by Property Portfolio and/or Softmark Realty Solutions (“us”, “we”, or “our”). Please read these terms and conditions carefully before using our Service. These terms should be read in conjunction with all of our policies which are also found on our Website. By accessing any areas of the Website, you agree to be bound by the Terms and Conditions set forth below. These terms apply to all visitors, users, and others who wish to access or use the Service.

​AGREEMENT TO TERMS

By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

COPYRIGHT

​The entire content of this Website forms part of the intellectual property of Property Portfolio and Softmark Realty Solutions, including but not limited to the rights of copyright, with all such rights reserved in terms of the applicable law. Unless otherwise authorised in writing by us or in accordance with these Terms and Conditions, you are hereby binding yourself not to redistribute, transmit, re-transmit, copy, publish or otherwise utilise in any way any content of the Website. Without prejudice to the above, this Website and the material found therein (including, but not limited to, text, artwork, photographs, images, music, audio/video/audio-visual material and computer code – hereinafter in this notice referred to as “Material”) is owned by us and/or our licensors, where applicable. 

You may download, store and use the Material for your own personal use and research or that of your firm or company. You may not republish, retransmit, redistribute or otherwise make the Material or any part thereof available to any other party or make the same available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent. Subject to applicable law, you may however share content from this website through social media, subject to you including a clear note that such content is being shared from our website, while providing a direct link to the listing.

The trademarks and service marks used or displayed on the Website are trademarks or service marks of Property Portfolio. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark.

All other rights are reserved. 

USER REPRESENTATIONS AND WARRANTIES

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our Website. You are also hereby agreeing to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity.

You are responsible for safeguarding any password that you use to access the Service and for any activities or actions under your password and for not disclosing your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

By providing any content to us you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the relevant permissions and you acknowledge and agree that we will have the right (but not obligation), at our discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice. For the avoidance of doubt, photos and details of the property that are inputted into the system become Intellectual Property of the business and can be used as the business wishes.

PROHIBITED USES & RESTRICTIONS

 You are not permitted to use our services or its content for the following purposes:

• Engaging in any illegal activities.
• If you are under the age of eighteen (18).
• If you are legally restricted or prohibited from accessing or using our services under the laws of your country of residence or the location from which you access our services.
• Encouraging others to engage in illegal activities.
• Violating any international, federal, provincial, state, or local laws, regulations, or ordinances.
• Infringing on our intellectual property rights or those of others.

By using our services, you also agree not to participate in the following activities unless expressly authorized by us:

• Modification or Copying: You may not alter, copy, or reproduce our materials.
• Commercial Use: You are not allowed to use our materials for commercial purposes or public display, whether for commercial or non-commercial purposes, unless explicitly agreed upon.
• Reverse Engineering: It is prohibited to decompile, reverse engineer, or disassemble any software on our website.
• Copyright Removal: Do not remove any copyright or proprietary notices from our materials.
• Unauthorized Transfer: You are not allowed to transfer the materials to another person or “mirror” the materials on any other server.
• Automated and Disruptive Use: You are prohibited from using automated devices, software, or other methods to access, retrieve, scrape, or index our services or content. You must also refrain from any actions that interfere with the proper functioning of our services.
• Data Use and Competing: You may not use or index any content or data from our website for:
• Constructing or populating a searchable property database.
• Building a database of property information.
• Competing with us in any unauthorized manner.
• Prohibited Transmissions: Sending or transmitting spam, chain letters, junk email, surveys, or other mass messaging, whether commercial or not, is not permitted.
• Inappropriate Use: Using our website or content in a manner that is unreasonable or not aligned with its intended purposes, as determined by us, is prohibited.
• Impersonation and Solicitation: Impersonating any person or entity or attempting to solicit money, passwords, or personal information is strictly forbidden.
• Content Exploitation: You may not reproduce, republish, modify, translate, create derivative works from, publicly display, sell, or trade content from our website without express permission.
• Malicious Software: Do not transmit or attempt to transmit any computer viruses, worms, defects, or other harmful items.

Engaging in prohibited activities may result in the termination of your access to our Service and may expose you to civil and/or criminal liability.

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Cancellation of services is tackled in our Cancellation Policy.

LINKS TO OTHER WEBSITES

​Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

DATA PROTECTION AND CONFIDENTIALITY

The user hereby authorises us to use any information and personal data pertaining to the user for any purpose related to the provision of the Services contemplated herein. We are committed to ensuring the protection of personal data and compliance with the General Data Protection Regulation (GDPR). The user has the right to request correction, modification, deletion, or blocking of such personal information if inaccurate, incomplete, or irrelevant for the purposes of the processing, or if processed in any other way that is unlawful. In certain circumstances, the user may also have the right to object for legitimate reasons to the processing of such personal data in accordance with the procedures set forth in the applicable data protection regulations, and to seek other legal remedies available in connection with the processing of such personal information. This should be read in conjunction with our Privacy Policy.

ARTIFICIAL INTELLIGENCE & MACHINE LEARNING (“AI & ML”)

We may use AI & ML to deliver our services to you. Accordingly, you acknowledge that certain material is a result of an algorithmic decision which comes with inherent limitations, boundary conditions and/or standard potential risks of the AI system, including inherent bias. Whilst we strive for accuracy and quality, we cannot guarantee the accuracy, completeness, or timeliness of the information provided through AI & ML. Our services should not be considered as professional or personalized advice. Any actions taken based on the use or reliance on our Services are at your own risk and we do not assume any responsibility for any consequences arising from the use or reliance on our Services. We recommend seeking qualified expertise or conducting further research to validate and supplement the information provided.

REVIEWS

Users will have the ability to leave reviews for other users. We do not edit or control the reviews posted to or distributed through our Website, and we will not be in any way responsible or liable for such reviews.  Nevertheless, we reserve the right to remove and/or restrict without notice any such review from our Website where we believe in good faith that such review breaches these terms or otherwise believe the removal and/or restriction is reasonably necessary to safeguard our rights or the rights of the other users of the Service. Furthermore, should you wish to report any of the reviews, you can do so by sending us an email on customercare@propertyporfolio.com.mt detailing the reason(s) for your report and we will look into it.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any review that:

• Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Is offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers;
• Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
• Is unrelated to the Service that you experienced.

We do not take any responsibility and assume no liability for any review posted, stored, transmitted or uploaded to the Website, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity that you may encounter. 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Property Portfolio and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of our Services, by you or any person using your account and password.

LIMITATION OF LIABILITY

In no event shall Property Portfolio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: 

1. your access to or use of or inability to access or use the Service; 
2. any conduct or content of any third party featured on our Website; 
3. anything done or omitted to be done wholly or partly in reliance upon the contents of this Website, or any part thereof;
4. any Loss due to actions taken by us according to our rights under these Terms;
5. any claims, penalties, losses, or damages arising from your failure to comply with local, state, national, or international laws, regulations, or guidelines applicable to your use of our Service, including but not limited to real estate laws, consumer protection laws, data protection regulations, and advertising standards;
6. any failures or interruptions caused by third-party service providers, including payment gateways, hosting services, cloud providers, and other essential service providers;
7. any content obtained from the Service; and 
8. unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory. 

Our website contains information in relation to the services we provide. Kindly be aware that the information provided does not amount to any advice. Kindly seek legal or professional advice before you act on any of the information contained on our Website. We provide the Service on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.

We shall not be held liable for any delay whatsoever in the performance or else the failure of our obligations if such delay or failure is a result of events that are beyond our control. Furthermore, Property Portfolio shall not be liable for any losses incurred by the user as a result of third parties services which are outside our control whether such services are used by the user in order to access our Website or they are used by us in order to comply with the user’s instructions. We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by our Website and which is caused by events outside our reasonable control (Force Majeure Event).

Property Portfolio shall not be held liable for any losses that the user may incur through the accessing of third parties Websites from our Website. Moreover, it is up to our discretion to modify or suspend temporarily or permanently the use of our Website without prior notice. By accessing Our Website you are agreeing that Property Portfolio shall not be held liable for any modification or suspension occurring on Our Website.

Property Portfolio further expressly disclaims any and all liability in respect of any loss or damage suffered by any person through the use of this Website. Our liability will be limited to the fullest extent permitted by applicable law.

GOVERNING LAW

These terms shall be governed and construed in accordance with the Laws of Malta. Both the user and us submit to the exclusive jurisdiction of the Maltese Courts.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these terms at any time in order to keep up with changes in technology, in relevant laws and regulatory requirements and also changes in our system’s capabilities or for any other reason which we may decide based on our discretion. Your continued access to our Website shall be considered a continuous acceptance of our Terms and their amendments. If a revision is material, we will strive to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

SEVERABILITY

If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

WAIVER

The waiver by use of a breach or default by the user of any of the provisions of these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on our part to exercise or avail ourselves of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the user.

CONTACT

If you have any questions about these Terms and Conditions, please contact us at customercare@propertyporfolio.com.mt.