Terms and Conditions
Terms and Conditions
Terms and Conditions Last updated: February 24, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Dominican Republic
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Caney Residences, La Altagracia, Dominican Republic.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Caney Residences, accessible from https://caneyresidences.net
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Intellectual Property
- The content on our website, including but not limited to text, graphics, logos, images, and software, is protected by intellectual property laws and is the property of Caney Residences or our licensors.
- You may not use, reproduce, distribute, or modify any content on our website without our prior written permission.
- You may not use our trademarks or service marks without our prior written permission.
- We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property rights have been infringed upon on our website, please contact us immediately.
Data Protection
We respect your privacy and are committed to protecting your personal data. We collect and process personal data in accordance with applicable data protection laws and our privacy policy, which can be found on our website.
We may collect personal data from you, including but not limited to your name, contact information, and payment information, in order to provide our services to you.
We may also collect non-personal data, such as your IP address and browsing behavior on our website, in order to improve our website and services.
We will not sell, rent, or share your personal data with third parties except as necessary to provide our services to you or as required by law.
We use appropriate technical and organizational measures to protect your personal data from unauthorized access, use, or disclosure.
You have certain rights with respect to your personal data, including the right to access, correct, and delete your personal data. For more information on your rights and how to exercise them, please refer to our privacy policy.
User Generated Content:
By submitting any content, including but not limited to comments, reviews, photos, videos, and testimonials (collectively, "User Content"), to Caney Residences' website, you agree that:
- You are the sole owner of the User Content or have the right to submit it, and it does not violate any third-party rights, including but not limited to copyrights, trademarks, privacy rights, and publicity rights.
- You grant Caney Residences and its affiliates a perpetual, irrevocable, worldwide, royaltyfree, and non-exclusive license to use, copy, modify, adapt, translate, publish, distribute, publicly display and perform, and otherwise exploit the User Content, in whole or in part, for any purpose, including but not limited to marketing and promoting Caney Residences' services, without further notice or compensation to you.
- You waive any moral rights you may have in the User Content and agree not to assert any claim against Caney Residences or its affiliates, employees, or agents arising from the use of the User Content as authorized in these Terms and Conditions.
Caney Residences may, in its sole discretion, remove or modify any User Content that violates these Terms and Conditions or for any other reason without notice to you.
You acknowledge that Caney Residences is not responsible for any User Content posted by other users of the website, and you assume all risks associated with the use of such User Content, including but not limited to the reliance on its accuracy, completeness, or usefulness.
You agree to indemnify and hold harmless Caney Residences and its affiliates, employees, agents, and third-party service providers from any and all claims, damages, harm, losses, liabilities, and expenses (including attorneys' fees) arising from or related to your User Content, and private data including but not limited to any claims of infringement, misappropriation, or violation of any third-party rights.
Caney Residences reserves the right to terminate your access to the website if you violate these Terms and Conditions or engage in any conduct that Caney Residences, in its sole discretion, deems harmful to its business, reputation, or users.
Disclaimer of Warranties
The information, content, materials, products, and services provided on Caney Residences' website are provided "as is" and "as available" without warranties of any kind, either express or implied.
Caney Residences makes no representations or warranties about the accuracy, completeness, reliability, suitability, availability, or timeliness of the information, content, materials, products, or services provided on its website, including but not limited to any property descriptions, prices, or availability.
Caney Residences does not warrant that its website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
You acknowledge and agree that any reliance on the information, content, materials, products, or services provided on Caney Residences' website is at your own risk. You are solely responsible for any decisions or actions you take based on such information, content, materials, products, or services.
To the fullest extent permitted by applicable law, Caney Residences disclaims all warranties, express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.
In no event shall Caney Residences or its affiliates, employees, agents, or third-party service providers be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use its website or any information, content, materials, products, or services provided on its website, including but not limited to damages for loss of profits, data, or other intangible losses, even if Caney Residences has been advised of the possibility of such damages.
You agree to indemnify and hold harmless Caney Residences and its affiliates, employees, agents, and third-party service providers from any and all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from or related to your use of its website, including but not limited to any claims of infringement, misappropriation, or violation of any thirdparty rights.
Payment
- The total price of the property is stated on our contract and is inclusive of all taxes and fees, unless otherwise stated.
- A down payment is required to reserve the property. The down payment amount is specified on our contract and is non-refundable.
- The remaining balance must be paid in full within the agreed-upon timeframe, which will be specified in the sales contract.
- Payments can be made through the payment methods specified on our contract, which may include wire transfer, credit card, or other electronic payment methods. Additionally, any bank and other fees inquired from any payments made are solely your responsibility as stated in the sales contract.
- Late payments may result in additional fees and penalties as stated in the sales contract.
- In the event of default on payments, the buyer forfeit their right to the property and any payments made may be non-refundable.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Corrections
Caney Residences makes every effort to ensure that the information, content, materials, products, and services provided on its website are accurate and up-to-date. However, errors and inaccuracies may occasionally occur. Caney Residences reserves the right to correct any errors or inaccuracies and to update or change any information, content, materials, products, or services provided on its website at any time and without prior notice.
Caney Residences shall not be liable to you or any third party for any errors or inaccuracies in the information, content, materials, products, or services provided on its website.
If you discover any errors or inaccuracies on the website, please notify Caney Residences immediately by contacting us through the contact information provided on the website.
Caney Residences may, at its sole discretion, correct any errors or inaccuracies on the website and make any necessary updates or changes without prior notice.
Caney Residences shall have no obligation to provide any compensation or other remedy/accommodations to you or any third party for any errors or inaccuracies on the website.
You agree that your use of the website is at your own risk and that Caney Residences shall not be liable to you or any third party for any damages, losses, or expenses arising out of or in connection with your use of the website, including but not limited to any errors or inaccuracies in the information, content, materials, products, or services provided on the website.
Limitations of Liability
In no event shall Caney Residences, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable to you or any third party for any damages, losses, or expenses arising out of or in connection with your use of the website or the information, content, materials, products, or services provided on the website.
In no event shall Caney Residences, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if Caney Residences has been advised of the possibility of such damages.
Caney Residences shall have no liability to you or any third party for any damages, losses, or expenses arising out of or in connection with your use of the website or the information, content, materials, products, or services provided on the website. If any, this shall not exceed the amount you paid, if any, to Caney Residences for accessing or using the website during the six (6) months prior to the date of the claim.
You acknowledge and agree that the limitations of liability set forth in these Terms and Conditions are reasonable and reflect the allocation of risk between the parties. You further acknowledge and agree that absent your agreement to these limitations of liability, Caney Residences would not provide access to its website or make the information, content, materials, products, or services available on its website.
This limitation of liability shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if Caney Residences has been advised of the possibility of such damages.
This limitation of liability shall survive the termination of these Terms and Conditions and the termination of your use of the website.
Notices
Notifications to the Company must be sent in writing via email to the designated email address provided on the website, or such other address as the Company may specify. Notifications to you will be sent to the email address provided during registration. It is your responsibility to ensure that the contact information provided is accurate and up-to-date. Notifications will be considered received 24 hours after the email is sent, unless the recipient is notified that the email address is invalid. The Company also reserves the right to send notifications through regular mail.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance ONLY with the laws of the Dominican Republic, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the courts of the Dominican Republic. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any claim or cause of action you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions constitute the entire agreement between you and Caney Residences regarding your use of the website and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, regarding your use of the website.
Electronic Contracting
Your use of the Caney Residences website includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website, including notices of cancellation, policies, contracts, and applications.
Electronic Signatures
To the extent allowed by law, any symbol, signature, or affirmation electronically submitted through the Caney Residences website shall be considered to be an electronic signature. Electronic signatures are legally binding and have the same force and effect as handwritten signatures. By submitting an electronic signature, you acknowledge that you have read and agree to the terms of any agreement or contract, and that you intend to be bound by such terms.
By using the Caney Residences website, you agree that electronic signatures and electronic submissions are allowed and that these will be legally binding as if you had signed a physical document by hand. You further agree not to contest the validity or enforceability of any electronic signature or electronic submission, and to maintain a record of all electronic transactions.
Disputes Resolution
In the event of a dispute arising out of or relating to these terms and conditions, the parties will first attempt to resolve the dispute through friendly negotiation.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Modification
Caney Residences reserves the right to modify, update, or remove any part of these Terms and Conditions at any time and without prior notice. Any changes to these Terms and Conditions will be effective immediately upon posting on the website. Your continued use of the website after the posting of any changes to these Terms and Conditions constitutes your acceptance of such changes.
Caney Residences may also modify, update, or discontinue any aspect of its website, including but not limited to its content, features, and functionality, at any time and without prior notice.
Caney Residences shall not be liable to you or any third party for any modification, suspension, or discontinuance of its website or any aspect thereof.
Caney Residences may assign these Terms and Conditions, in whole or in part, at any time without notice to you. You may not assign or transfer these Terms and Conditions or any of your rights or obligations hereunder without the prior written consent of Caney Residences.
These Terms and Conditions represent the entire agreement between you and Caney Residences regarding the use of its website and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Caney Residences is located, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the courts located in such jurisdiction for the purpose of litigating all such claims or disputes.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@caneyresidences.net
