The Agency conditions of use & sale

You are granted access to the agency web site and to purchase products or services subject to the conditions set out on this page.

Please read these conditions carefully before using the agency web site. By using the agency web site, you signify your agreement to be bound by these conditions. In addition, when you use any current or future agency service, you will also be subject to the guidelines and conditions applicable to that service.

Your account

If you use the agency web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update this information in the 'My Account' area of the web site. The agency reserves the right to refuse access to the web site, terminate accounts, remove or edit content, or cancel bookings at our discretion. If we cancel a booking or an order, it will be without charge to you if no services or products have been delivered. If a product or service has been delivered by the agency, any refund of fees paid will be subject to the agency refund policy.

Access to the agency

We will do our utmost to ensure that availability of the web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the web site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for web site access

The agency grants you a limited licence to access and make personal use of this web site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the agency. This licence does not include any resale or commercial use of this web site or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information or photos for the benefit of a business entity outside of the agency; or any use of data mining, robots, or similar data gathering and extraction tools. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the agency without express written consent. You may not use any meta tags or any other 'hidden text' utilising the agency names or trademarks without the express written consent of the agency. Any unauthorised use terminates the permission or license granted by the agency. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the agency as long as the link does not portray the agency or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the agency logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your conduct

You must not use the web site in any way that causes, or is likely to cause, the web site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the agency, are responsible for all electronic communications and content sent from your computer to us and that you must use the web site for lawful purposes only.

You must not use the web site for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety. The agency reserves the right (but not the obligation) to remove or edit any content.

If you do submit data, content or material, and unless we indicate otherwise, you grant the agency a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the agency the right to use the name that you submit in connection with such content, if they so choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the agency, including the execution of deeds and documents, at the request of the agency.

You represent and warrant that you own or otherwise control all of the rights to the data, material or content that you submit to the agency; that, as of the date that the data, content or material is submitted to the agency: (i) the data, content and material is accurate; (ii) use of the data, content and material you supply does not breach any applicable the agency policies or guidelines and will not cause injury to any person or entity (including that the data, content or material is not defamatory). You agree to indemnify the agency and its affiliates for all claims brought by a third party against the agency or its affiliates arising out of or in connection with a breach of any of these warranties.

Inappropriate content

Because the agency lists many properties and services for sale and to rent on the web site, it is not possible for us to be aware of the accuracy of every property so listed nor of the appropriateness of every property, service or advert. Accordingly, the agency operates on a 'notice and take down' basis. If you believe that any property or other advertisement on the web site contains inappropriate content, please notify us immediately by email to info@the-agency-ibiza.com. Once this procedure has been followed, the agency will make all reasonable endeavours to investigate and rectify the content complained about within a reasonable time.

Copyright and database rights

All content included on the web site, such as text, graphics, logos, icons, images, digital downloads, data compilations, and software, is the property of the agency, its affiliates or its content suppliers and is protected by international copyright and database right laws. The compilation of all content on this web site is the exclusive property of the agency and is protected by international copyright and database right laws. All software used on this web site is the property of the agency or our software suppliers and is protected by international copyright laws.

You may not systematically extract and/or re-utilise parts of the content of the web site without the agency’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this web site, without the agency's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our property or agent listings) parts of this web site without the agency's express written consent.

Trademarks

The agency, the agency logo and other marks indicated on our web site are trademarks or registered trademarks of the agency, in the European Union and/or other jurisdictions. The agency's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the agency. Neither the agency's trademarks nor trade dress may be used in connection with any product or service that is not the agency's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the agency. All other trademarks not owned by the agency that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the agency.

Conditions of sale

This section deals with conditions relating to the sale of products or services by the agency to you.

Contract

When you place an order to purchase a product or service from the agency, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us only at the point when we send email confirmation to you that we have fulfilled your order.

Pricing

Despite every best effort, it is possible for us to make and advertise an incorrect price for a product or service. We verify purchase prices as part of our fulfilment procedures. If the correct price is lower than our stated price, we charge the lower amount and fulfil your order. If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before fulfilment or cancel your order and notify you of such cancellation.

Children

The agency does not sell products for purchase by children. If you are under 18, you may use the agency only with the involvement of a parent or guardian.

Other businesses

Parties other than the agency provide services, or advertise properties on this web site. In addition, we provide links to the web sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals or the content of their web sites. The agency does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties.

Electronic communications

When you visit the agency or send email to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Losses

kyero will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the web site, or a contract for the sale of products or services by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the web site or when a contract for the sale of products or services by us to you was formed.

Alteration of service or amendments to the conditions

We reserve the right to make changes to our web site, policies, and these conditions of use & sale at any time. You will be subject to the policies and conditions of use & sale in force at the time that you use the web site or that you order products or services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason enforceable, that condition will be deemed severable and will not affect the validity and enforceably of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Legal notice and disclaimer

Advertisements and technical information contained herein is provided to the agency by its advertisers. Whilst the agency makes every effort to present accurate and reliable information on this web site, the agency does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of such information. Use of such information is voluntary and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reference herein to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favouring by the agency.

the agency (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information herein, or in any respect for the content of such information, including (but not limited to) errors or omission, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights and the violation of property, privacy or personal rights of others. The agency is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to or reliance on such information. No guarantees or warranties, including to (but not limited to) any express or implied warranties of merchantability or fitness for any particular use or purpose, are made by the agency with respect to such information.