Terms and conditions

Terms and conditions


Background:

This service is only available to customers (B2B) residing in the Republic of the Philippines.

Only businessmen, self-employed and freelancers can conclude a contract and publish listings. We do not offer services to consumers. We offer only free of charge informations to consumers.

This agreement applies as between you, the User of this Website and Prometheus UG, Germany, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
This Website, http://dreamhomes-philippines.com, is owned and operated by Prometheus UG, Germany, a limited company registered in Germany under HRB 141797, whose registered address is Glockengiesserwall 26, 20095 Hamburg, Germany.
Our VAT number is DE292198501.
We are regulated by District court of the city of Hamburg.
We are a member of Chamber of Commerce.

1. Definitions and Interpretation

dreamhomes-philippines.com operates the Site as an online real estate advertising and research service for buyers and sellers. dreamhomes-philippines.com does not represent such buyers or sellers, does not provide real estate services to such buyers or sellers, and is never a party to or otherwise involved in any transaction between such buyers and sellers. By way of example and not limitation, dreamhomes-philippines.com does not: buy, hold in escrow, sell, insure, warrant, or guarantee any property advertised on the Site, guarantee or ensure any transaction between any buyers and sellers, or collect or process payments or transfer title on behalf of buyers or sellers.

In this Agreement the following terms shall have the following meanings:
“Listing Fee” means the fee payable to post a Listing;
“Prometheus UG, Germany” means Prometheus UG, Germany, Glockengiesserwall 26, 20095 Hamburg, Germany;
“Service” means collectively any online facilities, tools, services or information that Prometheus UG, Germany makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Prometheus UG, Germany makes available through the Website either now or in the future. This includes, but is not limited to, Listings, email addresses and online forms;
“User” / “Users” means any third party that accesses the Website and is not employed by Prometheus UG, Germany and acting in the course of their employment; and
“Website” means the website that you are currently using (http://dreamhomes-philippines.com/) and any sub-domains of this site (e.g. subdomain of http://dreamhomes-philippines.com/) unless expressly excluded by their own terms and conditions.

2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Prometheus UG, Germany, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable German and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Prometheus UG, Germany. Specifically you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Prometheus UG, Germany;

3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.

4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission, unless permitted by law.

5. Links to Other Websites
This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of Prometheus UG, Germany or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website
6.1 Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site http://dreamhomes-philippines.com/ without prior permission.

7. Listing on the Website
7.1 When submitting a Listing to the Website you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 your Listing may not contain Content that is intended to promote or incite violence;
7.1.4 your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
7.1.5 Listings must be made using the English language. Content in any other language may be removed at our sole discretion;
7.1.6 your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.7 you must not post links to other Websites containing any of the above types of Content;
7.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.9 your Listing must be placed into the appropriate category;
7.1.10 you must not impersonate other people or businesses;
7.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Prometheus UG, Germany does not screen or pre-approve any Listing submitted to the website, however on notification from Users we may examine Listings and such Listings may be edited and/or removed from the Website.
7.3 Prometheus UG, Germany may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
7.4 In order to submit a Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. Prometheus UG, Germany accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant Prometheus UG, Germany a perpetual licence to modify the Content as necessary for its inclusion on the Website.
7.6 Prometheus UG, Germany will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant Prometheus UG, Germany any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or Prometheus UG, Germany choose to remove that Listing.
7.8 You acknowledge that Prometheus UG, Germany may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.

8. Accounts and Listing Fees
8.1 In order to post a Listing on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by Prometheus UG, Germany. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
8.3 A Listing Fee will be charged for each Listing you post on this Website. Listing Fees are detailed: http://dreamhomes-philippines.com/pricing. Your credit / debit card will be billed via PayPal at the time at which your listing goes live and thereafter until cancellation or termination.
8.4 If you terminate a Listing and/or your Account, your Listing(s) will be removed immediately and you will not be rebilled for either the cancelled Listing or all of your Listings, as appropriate.
8.5 Listings which Prometheus UG, Germany rejects in accordance with sub-Clause 7.2 shall not be charged for.

9. Termination and/or Suspension
9.1 In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Prometheus UG, Germany reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9.2 If Prometheus UG, Germany terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. If you have multiple Listings and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.

10. Disclaimers
10.1 Prometheus UG, Germany makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
10.2 Save for the screening and approval of Listings, Prometheus UG, Germany has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
10.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Prometheus UG, Germany makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
10.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
10.5 Prometheus UG, Germany makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
10.6 Whilst every effort has been made to ensure that all descriptions of services available from Prometheus UG, Germany correspond to the actual services available, Prometheus UG, Germany is not responsible for any variations from these descriptions.
10.7 Whilst Prometheus UG, Germany exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10.8 If, as a result of Prometheus UG, Germany’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, they may be entitled to certain legal remedies. For more details concerning rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.

11. Availability of the Website and Modifications
11.1 Prometheus UG, Germany accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.2 Prometheus UG, Germany reserves the right to alter, suspend or discontinue any part or the whole of the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

12. Limitation of Liability
12.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
12.2 To the fullest extent permissible by law, Prometheus UG, Germany excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
12.3 If the User is a commercial user, Prometheus UG, Germany accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 Prometheus UG, Germany exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 11.8, Prometheus UG, Germany accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
12.5 Prometheus UG, Germany neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
12.6 Nothing in these Terms and Conditions excludes or restricts Prometheus UG, Germany’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of  legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
12.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Prometheus UG, Germany.

16. Communications
16.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to service@dreamhomes-philippines.com. Such notice will be deemed received 7 days after posting if sent by express post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2 Prometheus UG, Germany may from time to time send you information about our products and/or services.

17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between the User and Prometheus UG, Germany (whether contractual or otherwise) shall be governed by, and construed in accordance with German law.
17.2 Any disputes concerning these Terms and Conditions, the relationship between the User and Prometheus UG, Germany, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Germany.