Canary Islands Apartments For Rent & Sales and Holiday Property | Your Choice Canaries

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Terms and Conditions

Terms of Use

Please read this Agreement carefully as it governs your use of the YourChoiceCanaries website (the "Site"). By continuing to use the Site you are agreeing to the terms that appear below. If you have any questions, please e-mail webmaster@yourchoicecanaries.com.

1. Provision of Service

The Site is owned and operated by YourChoiceCanaries.com

2. Limited Rights to Use Content

a. All material displayed on the Site ("Content") belongs to YourChoiceCanaries or its licensors. Subject to clause 2b, you may retrieve and display the Content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.
b. Most of the Content on the Site is owned by YourChoiceCanaries but certain Content is used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions - the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions.
c. You may not (without prior written permission from YourChoiceCanaries:
• redistribute any of the Content or supply it to other people (including by using it as part of any library, archive or similar service);
• remove the copyright or trade mark notice from any copies of Content made under this Agreement;
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
• except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

3. Participation

a. YourChoiceCanaries allows you to submit material to the certain areas of the Site (including ‘Submissions’). YourChoiceCanaries reserves the right to delete, move and edit any material submitted. You are solely responsible for the material you submit to the Site and by submitting any material you agree that you will not submit any material that:
• advertises or promotes any goods or services;
• reveals any confidential or sensitive information;
• contains or links to any unlawful, threatening, abusive, libellous, indecent or otherwise illegal material;
• contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database right or any other form of intellectual property right);
• contains viruses or any other components with harmful or contaminating properties which may affect the Site or any equipment connected to it; or
• disguises your identity or impersonates any person.
b. By submitting material to the Site, you grant YourChoiceCanaries a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form. You agree that you waive any moral rights you have in the material.
c. The Site contains material submitted by users over YourChoiceCanaries has no control.
YourChoiceCanaries cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive – you must bear all risk associated with your viewing of such material.
d. Copyright in any software that is made available for download for the participation in the Site ("Software") belongs to YourChoiceCanaries or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Certain promotions and areas on the Site may also be subject to additional terms of use which will be made available clearly by hyperlink – you must comply with all such terms.

4. Limited Warranties

a. YourChoiceCanaries will use its reasonable skill and care in making the Site available to you and in ensuring its continuing availability. However, because of the number of sources from which YourChoiceCanaries obtains the Content and because of the nature of the Internet YourChoiceCanaries does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and YourChoiceCanaries makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

5. Limitation of Liability

a. In respect of the Content which is available free on the Site, YourChoiceCanaries will use its reasonable endeavours to resolve faults but because the service is free you agree that YourChoiceCanaries will not be liable for any losses you may incur as a result of your use or non-use of that Content.
b. Except where we have expressly agreed otherwise, neither you nor YourChoiceCanaries will be responsible for any losses that the other suffers as a result of a breach of this Agreement except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by YourChoiceCanaries and you (such as loss of profits or loss of data).
c. YourChoiceCanaries liability will not be limited in the case of death or personal injury directly caused by YourChoiceCanaries negligence.

d.YOU AGREE THAT YourChoiceCanaries, ITS AFFILIATES AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF YourChoiceCanaries, ITS AFFILIATES OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that YourChoiceCanaries aggregate liability for damages shall be limited to $100.

e.We act solely as agents between you, other agencies and touroperators and the owners of the accommodation. We have no day to day control over the maintenance or contents of any accommodation and cannot be held liable for any defect in the accommodation (such as breakdown of domestic appliances, plumbing, wiring, etc.) or for any loss, damage or injury whatsoever you may suffer in connection with your booking for the accommodation. However, we do try to inspect accommodation regularly to check its suitability and we will make all reasonable efforts in our power to assist you if you have a genuine problem with your accommodation, provided you report it to us.
Any problems or issues are aimed to be resolved to full satisfaction in the resort.In the very unlikely event that the issue is not or can not be resolved to the full satisfaction in the resort then the official writen report needs to be lodged in the first instance with resort representatives, accommodation owners,resort agency .If you do not give us an opportunity to resolve an issue in resort by reporting it to us or the agency in resort, until it has been resolved to full satisfaction,we may not be able to deal with your complaint positively on your return home.
Any issues and/or complaints that are not or can not be resolved in the resort during the stay must be put in writing to us and received by us within 14 days following return from the holiday.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other sort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

6. Privacy Policy

a. The information that you provide about yourself to YourChoiceCanaries will only be used by YourChoiceCanaries in accordance with its Privacy Policy. Please read the Privacy Policy carefully and if you have any questions please e-mail webmaster@yourchoicecanaries.com

7. Changes

a. YourChoiceCanaries is continually seeking to improve the Site and services offered.
YourChoiceCanaries reserves the right, at its discretion, to make changes to any part of the Site.
b. YourChoiceCanaries may change or add to this Agreement as a result of its policy of updating and improving the Site or for security, legal or regulatory reasons.

8. Links

a. The Site contains links to other web sites and resources, either directly or through frames and, where possible, YourChoiceCanaries will make clear where such links are being made. Independent third parties provide these sites YourChoiceCanaries is not responsible and shall not be liable for the availability or content of these outside resources.

9. General

a. In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, YourChoiceCanaries reserves the right to suspend or terminate your access and use of the free parts of the Site at any time. It may exercise the right with or without notice.
b. You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
c. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
d. A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
e. English law will apply to this Agreement and both you and YourChoiceCanaries agree to submit to the non-exclusive jurisdiction of the English Courts.
f. By continuing to use the Website you agree that you have read the Terms and Conditions and that you agree with all of its contents.Terms and Conditions may be altered and for this reason you should regularly visit it on the Website as the current version will be binding upon you.

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