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These General Terms and Conditions apply to all legal relationships arising between Prime Masters Estate Ltd, The Office, 86 Leli Falzon Street, Naxxar, NXR 2609, Malta (Prime Masters) and the user (Entrepreneur) of the Primemasters.com platform (website and mobile app; hereinafter "Platform").
Prime Masters connects sellers and buyers of real estate on the platform.
For this purpose, Prime Masters provides comprehensive services so that property providers have the opportunity to obtain interested parties for their offers as well as to communicate with these interested parties.
The user is aware that constant and uninterrupted availability of the platform is not technically feasible. Prime Masters will use its best efforts to ensure the availability of the platform and database, but necessary security or maintenance work or technical faults may lead to the temporary unavailability of the platform.
Prime Masters is entitled to further develop the platform, functionalities and content.
The registration of the user on the platform is a prerequisite for using the services for offering real estate. Registration is only permitted to users of full age and legal capacity as an authorized representative of the commercial offeror of the real estate. Only registered users may post offers on the platform.
When registering, the user must provide his/her e-mail address and a password in addition to information about the registering person and the registering commercial provider.
The e-mail address and the password are the access data for the use of the platform. The user must keep the password secret and must not pass it on to third parties. Should third parties gain knowledge of the user's password, the user must report this incident to Prime Masters immediately and change his password independently.
The user shall ensure that the e-mail address provided for registration is up to date and that he/she is able to receive declarations and notifications. If the user fails to update this address, declarations are deemed to have been received by the user if they were sent to the address last notified to Prime Masters.
By completing registration and placing property offers on the platform, the user submits an offer to Prime Masters to conclude a contract for the temporary inclusion and provision of the property offer on the platform. Prime Masters decides on the acceptance of the offer after receipt of the offer. Acceptance of the offer is effected by the inclusion of the property offer on the platform. In principle, Prime Masters reserves the right not to publish property offers on the platform.
Providers of the properties undertake to post only serious and high-quality property offers, to compile all information about these offers carefully and truthfully and to deactivate the offer immediately if the property offered is no longer available (e.g. marketed or reserved). Non-serious real estate offers are in particular objects, advertisements and contents that violate legal regulations, morality (e.g. raffles, competitions) or the rights of third parties.
Furthermore, there is the obligation to offer only real estate offers from the own marketing stock or for which a direct marketing order (brokerage contract, agency contract or similar) exists.
Furthermore, there is the obligation to offer only real estate offers from the own marketing stock or for which a direct marketing order (brokerage contract, agency contract or similar) exists.
The resale of advertising space and contingents or other services from the Prime Masters range is not permitted.
The use or joint use of personal access to the provider profile by third parties, in particular other brokers or franchisees, is not permitted. For this purpose, Prime Masters offers the possibility of acquiring further accesses within the framework of various packages.
All real estate offers must be real offers and serve the purpose of attracting interested parties. Real estate offers that are only intended to attract the attention of interested parties are prohibited.
In particular, the following are prohibited
Offers for which a broker's commission is charged must explicitly mention this in the offer and state the amount of the broker's commission (gross including applicable statutory VAT) and the person entitled to the broker's commission.
Irrespective of possible consequences under civil and criminal law for the individual provider, failure to comply with the aforementioned obligations of conduct entitles Prime Masters to immediately deactivate affected offers. In the event of repeated non-compliance despite appropriate notification from Prime Masters, Prime Masters is entitled to remove affected data, delete the offer, terminate the contract with the respective provider without notice for good cause and block access to the platform.
All rights under this contract with Prime Masters are non-transferable.
The user's obligation to pay the remuneration shall remain unaffected by the taking of the measures referred to in this clause.
The user himself is responsible for the real estate offers he posts with information and pictures as well as for the communication with other users via the platform. In particular, he/she is responsible for ensuring that the content and communication are not illegal and do not infringe the rights of third parties (e.g. copyright or trademark rights, personal rights, rights to his/her own image) or offend common decency. Prime Masters is not obliged to check whether a posted content or communication infringes the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content he has posted if it does not comply with the requirements for the design of advertisements in accordance with this contract. The user can make changes in the customer account at any time. Furthermore, the user shall ensure that the content and communication transmitted by him do not contain viruses or comparable harmful programs.
Should Prime Masters be held liable by third parties, including governmental institutions, under this contract for the infringement of third party rights or any other infringement of rights based on the user's content or communication, the user shall indemnify Prime Masters against such claims and provide Prime Masters with the necessary support in its legal defense, which Prime Masters is entitled but not obliged to do, and bear the necessary costs of Prime Masters' legal defense. The prerequisite for this is that Prime Masters informs the user immediately in writing (e-mail is sufficient) of any claims asserted and infringements of rights, does not make any concessions or acknowledgements or declarations equivalent thereto without consultation and enables the user to conduct all judicial and extrajudicial negotiations regarding the claims at its own expense. Prime Masters reserves the right to assert further claims.
In the event of a breach of the regulations described in this clause, Prime Masters is entitled at any time to reject the content and communication or to remove or deactivate it immediately and without prior consultation with the user. In the event of rejection or deletion or deactivation, Prime Masters shall inform the user thereof without delay, stating the reasons. Notwithstanding possible civil and criminal consequences for the user, failure to comply with any of the obligations of conduct set out in this clause entitles Prime Masters to terminate the contract with the user without notice for good cause and/or to block access to the Prime Masters platform immediately, following a prior warning or, in the event of special circumstances and taking into account the interests of both parties, without notice.
The user's obligation to pay the remuneration shall remain unaffected by the taking of the measures referred to in this clause.
By placing content on the platform, the user grants Prime Masters the right to use this content free of charge and for an indefinite period of time in the ways necessary for the operation of the platform and for placing and holding it in the database and retrieval by third parties, in particular to store, reproduce, edit, modify, hold ready, transmit, transfer, license, publish and make publicly available the content, in particular through online advertising banners and other advertising media of Prime Masters and its cooperation partners or within the framework of so-called retargeting marketing. Retargeting Marketing, whereby visitors to the Prime Masters Platform are retargeted with advertisements relating to property listings which they have previously viewed on the Prime Masters Platform. Furthermore, Prime Masters is entitled to use the content entered in the database for the purposes of analysis, further development of the platform and for product development and marketing to the aforementioned extent, subject to compliance with data protection regulations.
Prime Masters is also entitled, but not obliged, to carry out additional distribution of the posted content free of charge for the user, including via websites, mobile apps and software applications of cooperating real estate exchanges and other partners, as well as via social media channels and by means of print co-operations.
Prime Masters is the legal owner of the contents of the platform and the database. Prime Masters is exclusively entitled to all copyrights, trademark rights and other protective rights to the database work, the database and the content, data and other elements posted here. Any rights of the user to the content posted by him remain unaffected by this.
Within the scope of these terms of use, the user has the right to make individual data records visible on his or her screen exclusively by using the online search masks provided by Prime Masters and to produce a printout for permanent visualization. An automated query by scripts, bots, crawlers, etc., by bypassing the search mask, by search software or comparable measures (esp. data mining, data extraction) are not permitted.
The user may not use the data obtained by querying the database, neither in full, nor in part or in extracts, to set up his own database in any media form and/or for commercial data exploitation or provision of information and/or for any other commercial exploitation. The linking, integration or other connection of the database or individual elements of the database with other databases or meta-databases is not permitted.
Prime Masters accepts no responsibility for the accuracy and completeness of the information provided by users, the declarations made by them or for the identity and integrity of the users. The content or offers placed in the database are third-party content for Prime Masters within the meaning of the relevant legal provisions. The legal responsibility for this content does not lie with Prime Masters, but with the person who has entered the content into the database.
The following applies to damages incurred by the user in connection with the use of the Prime Masters platform, subcontractors or their respective vicarious agents:
In the event of intent or gross negligence as well as the existence of a guarantee, liability is unlimited. In the case of slight negligence, liability is also unlimited in the event of injury to life, limb or health. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to material damage and financial loss attributable thereto in the amount of the foreseeable, typically occurring damage. Any further liability for damages is excluded except for claims under the Product Liability Act.
Prime Masters shall only be liable for loss of data and the costs of useless data entry within the framework of the above provisions to the extent that this could not have been avoided even if the user had saved the data available to him in the most recent processing status in machine-readable form.
Any contributory negligence on the part of the user must be taken into account in all cases. In particular, the user is obliged to check the accuracy of the data posted by him and presented by Prime Masters at least by means of a single search query.
The above provisions also apply for the benefit of Prime Masters' employees.
The prices and products for the individual Prime Masters services are based on the prices applicable at the time the order is placed and the product offer. If the advertising quota is exceeded or additional bookings are triggered, e.g. improved placement, the prices shall apply in accordance with the price list applicable at the time the order is placed and the respective product offer. If the user makes use of more services than were contractually agreed with the order concluded in each case, Prime Masters is entitled to charge him for these services in accordance with the general price list valid at the time of performance, unless different prices are agreed in individual contracts. In the event of an automatic extension of the contract term, the remuneration for the additional contract term resulting from the extension is determined in each case according to the price list of the products which is valid for the user two weeks before the date of the contract extension.
Prime Masters may adjust agreed prices to a reasonable extent, but not more than ten per cent once per calendar year, with effect for the future in accordance with the development of the costs incurred by Prime Masters on which the price calculation is based (total costs). The total costs consist in particular of costs for the provision, maintenance, operation and use of the platform and for the services associated with the performance (e.g. IT infrastructure, wholesale products, technical service), costs for customer administration (e.g. service hotline, billing systems), personnel and service costs, energy costs, overheads (e.g. administration, marketing, rents, interest) and sovereignly imposed levies (e.g. taxes, fees, contributions). Prime Masters is entitled to increase prices to cover the additional costs and, in the event of reductions in total costs, will offset these against increases in total costs. Prime Masters will inform the user of any such price increase due to cost increases in good time, at least in text form. In the event of a price increase of more than ten percent per calendar year, the user has the right to object as follows: Prime Masters will inform the user of the adjustments, give the user the opportunity to object to the adjustments in writing within a reasonable period of time after being informed, and separately point out that the adjustments will become effective in the absence of an objection. In the event of an effective objection, the price increase will not be implemented.
Payments according to the invoice are due immediately. In the event of late or deferred payment, the statutory interest will be charged. Costs incurred by Prime Masters in the collection of debts or in the event of return debit notes will be charged to the user.
In the event of default in payment, Prime Masters reserves the right to suspend its own contractual performance until the default has ended. The user's obligation to pay the remuneration during the period of retention remains unaffected.
Possible payment options result from the corresponding payment mask and may vary depending on the country.
Invoices are sent by post, e-mail or are made available online. For payments by voucher, the booking of the voucher code is only valid in the online booking process. Subsequent discounting of bookings made is not possible.
Prime Masters reserves the right to extend or restrict the range of payment methods permitted under this clause (including for individual products or services) at any time.
The conditions under which the user may terminate the contractual relationship with Prime Masters (in particular the terms and conditions as well as the form and period of notice) are set out in the contractual terms and conditions concluded between the user and Prime Masters for the respective product or service. The right to extraordinary termination in legal cases remains unaffected for both parties in any case.
The contract can be terminated via the online form in the customer account or by e-mail.
If the user triggers a real estate search on the platform by specifying certain parameters, a list of results with the real estate offers that meet these parameters is displayed in a so-called standard sorting. In the standard sorting, the offers are displayed in a certain area of the result list depending on which type the provider of the displayed offers has booked. The provider thus has the possibility of influencing the visibility of his exposes in the results list by (adding) certain Prime Masters products. The user also has the option of sorting the displayed exposes by setting a sorting criterion accordingly.
In the case of a sorting selected by the user, the results are arranged exclusively according to this sorting criterion. Prime Masters is entitled to change the sorting criteria and the display of the results list at any time.
Our privacy policy applies to the user's personal data made available or generated in the course of registration, implementation and use of the platform and services, as well as the user's access thereto.
During the term of the contract, the user can view the data provided by the consumer in the context of an enquiry about an object of the user as well as his object, contact and company data in his customer area. If the user books products or services with Prime Masters after registering, he has the option of continuing to view his offers and the data generated in this connection in his customer area even after the end of the contract. Regulations deviating from this, in particular deletions, are possible.
If the offer or object is deleted, all object-related data of the offer will be irrevocably deleted.
Prime Masters reserves the right to amend these terms and conditions at any time by giving reasonable notice of at least fifteen days. Notice shall be given by communicating the amended terms and conditions in a durable medium (e.g. email) stating the date on which the amendments will take effect.
The user is entitled to terminate the contract in writing within the above-mentioned period with effect from the expiry of fifteen days after receipt of the notification, unless a shorter period applies to the contract. If he fails to give notice of termination, the amended terms and conditions shall be deemed accepted. In the announcement of the amendment, separate reference shall be made to the right of termination and the significance of the period of notice. In the event of termination, the user remains obliged to pay for the services provided by Prime Masters under the respective contract up to the time the termination becomes effective.
The User may waive the time limit at any time after receipt of the notice. The posting of new goods and services on the Prime Masters Platform prior to the expiry of the time limit shall be deemed to be a clear affirmative act to such waiver, provided that the time limit does not exceed fifteen days.
The legal relationship between Prime Masters and the user shall be governed by the laws of Malta to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction and performance shall be Malta if the user is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if the user has no general place of jurisdiction in Malta or the EU or if the user's place of residence or habitual abode is unknown at the time the action is brought.
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