Terms of Use

THESE TERMS AND CONDITIONS SHOULD BE READ CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING PEARLOVERSEAS.COM ("this Site").

YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 6 (WARRANTY) AND CLAUSE 7 (LIABILITY).

INTRODUCTION
1. "We" are Pearl Overseas, S.A., with V.A.T. nbr. B-84817469 and our address is calle Carpinteros nbr. 8, 28670 Villaviciosa de Odón, Madrid, Spain;
2. These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
3. By using this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
4. Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Your attention is drawn, in particular, to clauses 3, 6 and 7.
5. You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our written consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.
INTELLECTUAL PROPERTY
1. The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2. Without limitation to clause 2.1, the device is our registered trademark (Pearl Overseas.com LOGO). You may not use or copy it without our prior written consent.
3. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
4. The information contained in the Pearloverseas.com website about each one of the properties and offers is that which is provided by the developers, builders and business intermediaries. This includes all pictures, plans of the property, maps and information graphics. All the information that the service provides, apart from any typing errors, comes from the aforementioned companies who are, as a consequence, responsible for its authenticity. UNDER NO CIRCUMSTANCES SHOULD THIS DOCUMENT BE TREATED AS A CONTRACT. Each property or development is directly related to its developer, builder or mediating company. Therefore, all information relevant to the Spanish “Real Decreto” 515/1989 of the 21st April (Consumer protection regarding information supplied in the buying, selling and renting of properties) will be available to the public in the offices of the relevant developers, builders and business intermediaries.
YOUR OBLIGATIONS AND CONDUCT
1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
2. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
REGISTRATION
1. To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
2. Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
3. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4. You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
BARRING FROM THE SITE
1. We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
WARRANTY
1. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
3. The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
4. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Spain.
LIABILITY
1. Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
2. Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
3. Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
4. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
5. Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
6. Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
  1. any indirect, consequential, special or punitive loss, damage, costs and expenses;
  2. loss of profit;
  3. loss of business;
  4. loss of reputation;
  5. depletion of goodwill; or
  6. loss of, damage to or corruption of data.
7. When you use the "contact forms" on this Site to enquire about property, your details (including your email address) will be eventually sent by email directly to the developer selling the property or properties that you are enquiring about. Barclays Bank, S.A., with V.A.T. nbr. A47001946 will also have access to your data. We do not accept any liability for any subsequent communications that you receive directly from any of these companies.
8. All references to Barclays Bank PLC or Barclays Bank SA on this website have been included at the request of Pearloverseas.com and are strictly for information purposes only. Pearloverseas.com is responsible for the content of this website. Barclays is not responsible and cannot be held liable for the content of this web site.
  Pearloverseas.com has conducted its own independent review of the partners involved in this venture: namely DLA, Facilisimo.com and Premier Mortgage Services and has satisfied itself that they have the appropriate qualifications and experience to assist with the provision of this service.
  The inclusion of Barclays on this website does not constitute: (1) an offer of products or services by Barclays; (2) an invitation or recommendation to buy a property in Spain or elsewhere; (3) an endorsement, representation or warranty by Barclays in relation to any of the properties published or the developers used on this website; and therefore in summary, Barclays cannot provide any guarantees to property developers, consumers, Independent Financial Advisors, or any or any other party connected with the provision of this service.
LEGAL JURISDICTION
1. Spanish law shall apply to these Terms. You irrevocably agree that the courts of Spain will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Spanish courts.
NOTICES
1. All notices shall be given:
  1. to us, by email info@pearloverseas.com or by post to Pearl Overseas, S.A., with V.A.T. nbr. B-84817469 Our address is Calle Carpinteros nbr. 8, 28670 Villaviciosa de Odón, Madrid, Spain;
  2. to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
  3. All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday, on a Spanish national holiday, on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
CUSTOMER FEEDBACK
1. We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Pearl Overseas, S.L., send us an e-mail to info@pearloverseas.com or by post to Pearl Overseas, S.L. Our address is Calle Carpinteros nbr. 8, 28670 Villaviciosa de Odón, Madrid, Spain. We aim to acknowledge all customer feedback.
GENERAL
1. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
2. These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right.