Terms and Conditions

Whether you are an Advertiser (being the property owner or agent placing adverts on this site) or a prospective buyer or tenant (persons using the site other than to advertise property for sale or to let), by accessing or using hotproperty.com.mt, you acknowledge that you are subject to and bound by the following terms and conditions. The terms and conditions constitute a legally binding agreement with Hot Property Limited, trading as hotproperty.com.mt.

Please read these thoroughly before using the site.

1. Responsibility for accuracy and currency of property information:
   
   Hot Property Limited makes no representation as to the accuracy or currency of the information contained within the Hot Property Limited website. The property details content is the sole responsibility of the Advertiser. Hot Property Limited are in no way liable for any inaccuracies or misleading statements made in the information provided by the owner or agent of properties on the website hotproperty.com.mt.
2. Use of the site:
   
   A condition of your continued use of this site is that you agree not to use this site for any purpose that is unlawful or prohibited by these terms and conditions or by other applicable laws and regulations. Your continued use of the site also signifies that you indemnify Hot Property Limited from any loss or damage or costs in connection with any breach of these conditions or any other legal obligation by you and your use of, or conduct on the site. Some of the prohibitions/practices which are understood to be unacceptable use of our site:

   1. Listings other than property information
      
      Listing anything other than real property for sale or lease. For example: cars, boats, caravans and mobile homes
   2. Advertising your business
      
      Using the service to advertise your business rather than real property for sale or lease. Each listing uploaded by you must be a bona fide listing of real property for sale or rent or example: using the service to advertise your business or its services as a property listing is not acceptable.
   3. Misuse of fields
      
      Placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields. For example, inserting the name of your business or agency in the description header is not acceptable. Inserting a business or agency logo as a picture in a property listing is also not acceptable.
   4. Wrong Photos or pictures
      
      Displaying a photograph, drawing or other image that is not a photograph, drawing or image of the property being offered for sale or lease. Displaying photos of properties other than the property for sale or rent is not acceptable. For example: 'Too Early for Picture' or images of cartoon houses are also not acceptable.
   5. False street and place names
      
      Using street names or location names that are inaccurate or not officially recognised by us;
   6. Duplicate listing of properties
      
      Creating more than one listing for the same property is not an acceptable use of the Service (for example: listing a single property more than once, but with different prices). A genuine listing of multiple units sold together (ex. block of flats) at the same address is not considered a duplicate listing of properties.
   7. Refreshing listings
      
      Removing and then re-listing the same property in order for the listing to appear as a new listing is not an acceptable use of the Service.
   8. Listing without authority
      
      Listing property that you have not been authorised to market for sale or rent. This means that you should not list a property using the Service until you have an authority signed by the owner or vendor.
   9. Impersonating other persons
      
      Using the Service in a way that is impersonating another person or persons is not acceptable.
   10. Reselling the Service or its contents
       
       Reselling the Service or its contents to any other person is not acceptable.
   11. References to third parties
       
       Publishing advertisements that contain a reference to a third party (for example, the Vendor).
   12. Misleading or deceptive conduct
       
       Using the Service in a way that does or is likely to mislead and deceive the public users of hotproperty.com.mt is not acceptable. This is the case regardless of whether all or only part of the content is considered to be likely to mislead or deceive.
   13. Other inappropriate content
       
       Using the Service for any unlawful, illegal, malicious or improper purpose is not acceptable. For example: it is not acceptable to, in your use of the Service, display material that:
   • may defame or discredit another person or business;
   • may disclose private, personal or confidential information;
   • might be considered obscene, offensive, menacing or abusive;
   • might infringe the intellectual property rights of others;
   • may violate any applicable law, regulation, standard, content requirements or code of any relevant authority or industry body.
3. Copyright authorities:
   
   The Advertiser represents and warrants that he (a) owns the copyright in the photographic and textual material supplied by him to Hotproperty.com.mt (the Material) or (b) has been authorised by the owner of the copyright in the Material to grant Hot Property Limited permission to use the Material as contemplated below. The Advertiser grants Hot Property Limited a perpetual, royalty-free licence to use the Material for promotional purposes (including marketing and public relations material). The Advertiser irrevocably and unconditionally indemnifies Hot Property Limited immediately on demand against any cost, loss or liability (including legal costs) which Hot Property Limited may incur by reason of any breach of copyright arising from its use of the Material. The Advertiser understands that it may not reproduce photographic or textual material from any part of the website without permission from the relevant copyright owner.
4. Copyright protection:
   Material and software on these sites is copyright protected. Other than using it for your own personal use the material may not otherwise be used or copied without the prior written approval of Hot Property Limited or the body who listed that information on the sites.
5. Changes to site and unavailability of site:
   1.       We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts, or the entire website for similar reasons.
   2.       There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.
6. Liability:
   
   Hot Property Limited does not warrant that the operation of the web site will be uninterrupted or error free. In no event shall Hot Property Limited become liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits, however caused, on any theory of liability, including but not limited to product liability.
7. The Advertiser warrants and confirms that:
   1.       In relation to an Advert the Advertiser contracts with Hot Property Limited as principal notwithstanding that the Advertiser may be acting directly or indirectly as an advertising agent or media buyer or in some other representative capacity;
   2.       The reproduction and/or publication of the Advertisement by Hot Property Limited as submitted will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render Hot Property Limited liable to any proceedings whatsoever;
   3.       Any information supplied in connection with the Advert is accurate, complete and true;
   4.       The Advert shall not be obscene or libellous and complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union) for the time being in force or applicable in Malta; and
   5.       The Advertiser indemnifies Hot Property Limited and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a results of any breach or non-performance of any of the representations, warranties or other terms contained in the condition or implied by law.
8. Privacy:
   

   Hot Property Limited is registered in Malta. Our registered office is: Juniper Flats /3, Valletta Road, Attard. We are listed as Data Controllers and have notified the Data Protection Commissioner of Malta under the Data Protection Act 2001. Hot Property Limited treats the personal information of site users with the utmost respect and confidentiality and takes reasonable steps to ensure that your personal information is stored securely and accurately. If you have any queries or comments about the policy or our use of your personal information, please get in touch with us by emailing us at customersupport@hotproperty.com.mt or writing to The Data Controller at Hot Property Limited Juniper Flats /3, Valletta Road, Attard, Malta.

   In general, we use the information we collect about you to help our advertisers provide accommodation solutions to users of our site, provide information services and promote the potential sale of their properties to relevant third parties, improve the features and services we offer and support our own marketing and promotion efforts.

   When you visit, register or use the services on this Site, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about your use of this Site as well as information about you from the emails or letters sent to you. Finally, we may collect information about your property and the type of property you wish to sell or rent. Your information will enable us to provide you with access to all parts of this Site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.

   In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Site or our services. Further, where you have consented, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please contact us via the website form and tell us.

   Registered advertisers can update their information and change settings on their ‘personal details’ page once signed in.

   Non-registered and registered users of this Site can request we provide them with a copy of the personally identifiable information we hold via customersupport@hotproperty.com.mt. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date. We may charge a small administration fee to cover the data search, preparation and delivery.

   Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.

   Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.

   We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. Your information will not be transferred outside of the European Union. We will retain your information for a reasonable period or for as long as is required by law.

   We reserve the right to disclose your information to any new owner should we enter into a sale/merger with another business entity. We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law. We may change our privacy policy from time to time as we add new services or in response to changes in the law or our commercial arrangements. Any changes to our policy will be posted on this page.

9. How we use your information and who we share it with:
   
   We reserve the right to use and share information concerning our advertisers, including your Internet Protocol (IP) address, with law enforcement authorities and/or other companies in the same industry as Hot Property Limited for the purpose of fraud prevention.
10. Multiple properties:
    
    A property advertisement on Hotproperty.com.mt pertains to one immovable property, not multiple units, nor a group of properties in a certain region. Only one unit should be represented in an advertisement unless the prior permission has been given to the advertiser. Hot Property Limited reserves the right to amend any property adverts not adhering to this policy.
11. Exchanging properties and price changes and status changes:
    
    A property advertisement on Hotproperty.com.mt relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs unless prior permission has been given to the advertiser. If an advertiser is found to have changed the property being described, Hot Property Limited reserves the right to suspend the advert in question. The advertiser is to notify us or update their advert status within 72 hours of a sale or leasing contract being entered into for a property, by marking the property advert as "sold" from the My Account section of advertisers. We may remove any property from the Service that is not marked as sold or withdrawn when the enquiries generated from our site are being told so by the advertiser.
12. Termination of a property page:
    
    If Hot Property Limited receives substantiated complaints from any number of site users about a specific Property Page misrepresenting the property, or its surroundings, then we reserve the right to remove the Property Page without notice. If an advertiser attempts to enter unsuitable material into the online database, or persistently misuses the on-line systems, Hot Property Limited reserves the right to remove the associated Property Page(s) from the web site. Hot Property Limited reserves the right to refuse or remove any Property Page from its web site that it considers unsuitable, incomplete or misleading, and will not be liable for any expense in so doing. Hot Property Limited reserves the right to refuse any Property Page from its web site where the content fails to meet our minimum requirements. If advertisers wish to have their Property Page removed from the web site before the end of their expiry, this will be done as soon as we receive formal notice from the account holder by email or using the 'contact us' page, quoting their property reference number or email address and password. Hot Property Limited reserves the right not to display or remove an advert which has an incorrect physical address or the wrong map location for such property. Hot Property Limited also reserves the right to remove a property advert from its listings or remove it from the website itself if it feels the price entered by the advertiser isn’t really the market value of such property advertised, and that unfair and abusive tactics are used to have unfair search results advantages on the site, over other adverts.
13.      Contactability: In the interest of maintaining a high level of service to our users (buyers and tenants) using the site, we require all advertisers to be available to respond to enquiries by telephone or email. Should advertisers be unavailable for a period of more than 2 weeks, we ask them to leave an answer phone message to that effect or set up an out of office response on their email account. If neither of these options is viable, we ask that advertisers contact us so we can temporarily suspend their advert. We reserve the right to suspend adverts of owners who are unreachable for more than 2 weeks. In this instance we will send messages by telephone and email asking for the advertiser to request re-activation upon their return.
14. External links:
    
    Hot Property Limited reserves the right to remove from adverts both email addresses and links to external websites which either do not conform to the guidelines provided, or which the team feel are not appropriate, or act against the interests of the company or its advertisers. The ultimate responsibility and authority for determining the aforementioned rests solely with Hot Property Limited. Should an advertiser add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their advertising.
15. Changes to pricing and conditions:
    
    Hot Property Limited reserves the right to change these terms and conditions without notice.

This Agreement is governed by and interpreted in accordance with Maltese law and the parties agree to submit to the exclusive jurisdiction of the Maltese and European courts.

Version 2.0 – 1st December 2009