Maltapark.com Terms of Use

1. Introduction

Welcome to www.Maltapark.com ("Maltapark"). By accessing Maltapark you are agreeing to the terms described hereunder.

2. Using Maltapark

2.1 As a condition of your use of Maltapark you agree that you will not:

(a) violate any laws;
(b) violate the Posting Rules;
(c) post any threatening, abusive, defamatory, obscene or indecent material;
(d) be false or misleading;
(e) infringe any third-party right;
(f) create more than one account per person or legal entity, irrespective of the status of any existent account;
(g) advertise an external URL (define as not within the maltapark.com domain) in any listing;
(h) distribute or contain spam, chain letters, or pyramid schemes;
(i) distribute viruses or any other technologies that may harm Maltapark or the interests or property of Maltapark users;
(j) impose an unreasonable load on our infrastructure or interfere with the proper working of Maltapark. This includes (but not limited to) adding terms to listing descriptions the sole purpose of which is to gain undue exposure;
(k) copy, modify, or distribute any other person's content without their consent;
(l) use any robot spider, scraper or other automated means to access Maltapark and collect content for any purpose without our express written permission;
(m) harvest or otherwise collect information about others, including email addresses, without their consent;
(n) bypass measures used to prevent or restrict access to Maltapark.

2.2 You are solely responsible for all information that you submit to Maltapark and any consequences that may result from your post.

2.3 We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above terms.

2.4 We reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.

2.5 We also reserve the right to remove adverts that promote other sites or services, particularly but not limited to, sites which we deem to be in competition with the services we offer on Maltapark, or are planning to offer in the future.

3. Abusing Maltapark

3.1 Maltapark and the Maltapark community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

3.2 Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Maltapark if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.

3.3 However, whether we decide to take any of these steps, remove hosted content or keep a user off Maltapark or not, we do not accept any liability for monitoring Maltapark or for unauthorized or unlawful content on Maltapark or use of Maltapark by users.

4. Fees and Services

4.1 Using Maltapark is generally free, although there are some optional features that attract a fee. We will make clear when you are applying one of these features that a fee payment is required and we will give you the option to accept or decline the feature.

4.2 Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

4.3 You agree you will not try to find ways and means to circumvent or bypass our fees. This includes making deals for Buy Now items in person.

5. Content

5.1 Maltapark contains content from us, you, and other users. Maltapark is protected by copyright laws and international treaties. Content displayed on or via Maltapark is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.

5.2 You agree not to copy, distribute or modify content from Maltapark without our express written consent.

5.3 You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Maltapark.

5.4 Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Maltapark (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

6. Operation of Stores

6.1 If you operate a Maltapark store as a seller, you agree to operate the store in a diligent and responsible manner including:

a) Processing and fulfilling orders in a timely manner and advising customers if there are any unexpected delays;
b) "Pausing" your store if you unable to fulfill orders for a period of time (for example due to illness or holidays);
c) Describing items as accurately as possible and ensuring no attempt is made at misguiding potential customers as to the real nature of the item being purchased;
d) Keeping stock levels up to date such that any order can be fulfilled without delays;
e) Keeping order status up to date by marking dispatched orders as "dispatched";

6.2 If you purchase items from a Maltapark store, you understand that you are entering into an agreement with the operator of the store (a Maltapark user) and that Maltapark is not part of such agreement.

6.3 Although we may provide assistance or mediation in resolving any matters between buyers and sellers we will not be held responsible or liable for any losses incurred by either the buyer or the seller as a result of an order made on Maltapark.

7. Infringement

7.1 Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale).

7.2 Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any listings which may infringe on their rights, and submit a request for this listing to be removed.

7.3 If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Maltapark.

In order to report an infringement, you will need to file a report using the "Report Abuse" feature provided with every listing or in the "Help" section.

The information provided must be sufficient for us to ensure that you are either the entitled party or their officially authorized representative.

This information must also enable Maltapark to identify the advertisement to be removed.

Once we have received your report, it will be reviewed and action will be taken within reasonable time.

8. Liability

8.1 You agree not to hold us responsible for things other users post or do.

8.2 We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Maltapark comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.

8.3 In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

8.4 We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

8.5 We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Maltapark, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

8.6 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Euros.

9. Data

9.1 Personal Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise. We collect personal information from you when you use our Services.

9.2 We will not share your personal data held on our systems with any third party without your permission, unless required to do so by law.

9.3 We may monitor your data held on our systems in relation to the use of Maltapark, including your listings and any messages sent or received from other users to ensure our terms and conditions are satisfied.

9.4 If you would like to request deletion of your data, you may contact us using the "Contact Us" form to request a formal data deletion request as defined under GDPR. Your account will also be closed as part of the process.

10. General

10.1 Maltapark.com is operated by Maltapark Ltd., registered in Malta with registration No. C 54913. These terms and the other policies posted on Maltapark constitute the entire agreement between Maltapark Ltd. and you, superseding any prior agreements.

10.2 You agree that we may suspend or terminate your Maltapark Store account, or your entire Maltapark account if you fail to abide by these terms and conditions, or for any other reason at our own discretion.

10.3 You agree that you will not create or attempt to create a new account or store on Maltapark.com should your account be suspended or terminated.

10.4 You agree that you will not hold Maltapark liable for any losses or damages incurred, directly or indirectly, due to such suspension or termination.

10.5 This Agreement shall be governed and construed in all respects by the laws of Malta. You agree that any claim or dispute you may have against Maltapark Limited must be resolved by the courts of Malta. You and Maltapark both agree to submit to the exclusive jurisdiction of the Maltese Courts.

10.6 If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.

10.7 We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. We may update this agreement at any time, with updates taking effect when you next login or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

11. Property Listings

1. Owners advertising their own property on Maltapark are allowed 2 free property listing(s).
2. For developers, agents or estate agencies, there will be a fee for users to post property listings on Maltapark. The listing fee will be a one-time fee of €0 (+VAT) plus €5 (+VAT) per month, per listing. From the 1st August 2022, agents, agencies or developers that are found to be listing properties under the pretense that they are owners, agree to pay a fee of €200 + VAT per listing. This also applies to listings placed before the said date and that are still active on the 1/8/2022.
3. The listing fee applies when posting a new listing. The monthly fee applies every month starting from the day the listing is posted. It also applies when renewing an expired listing that was listed prior to the introduction of these charges.
4. Expired property listings will no longer be publicly visible, but they can be renewed, at which point payment will be required.
5. Expired property listings will be deleted after four weeks if they are not renewed.
6. Once you make your first payment, we will attempt to charge the monthly fee automatically using your previous payment method on your billing date.
7. If automatic payment is successful, you will not need to renew your property listing manually any longer (ie. it will not expire). If we are unable to charge the listing fee automatically on your billing date, your listing will be marked as expired and hidden from public view until the listing is renewed manually and payment made.
8. Renewal of an expired listing will not promote it to the top of the "most recent" search order. Renewal is just a means to keep the listing active.
9. A property listing must refer to a single specific property that is available for sale or to rent.
10. The title, description or property details (bedrooms, locality etc.) cannot be edited after 24 hours after the listing has been added. The price can be modified without restriction.
11. An agent, agency, broker or developer must declare their proper role when advertising property.
12. Once you have made your first ever payment for a property listing, your billing date will be established as falling on the same day of every month as the first payment. For example, if you make your first ever payment on the 24th of July, your billing day will be the 24th of every month thereafter (or the closest day possible).
13. Once your billing date is established, any new listings will be charged pro-rata until the next billing date.
14. You can get a projected bill for the next month from "My Account" -> "Billing"