Conditions Générales
1. LEGAL NOTICE
For all the visitors of this site:
1.1 Anti-Money Laundering:
In our capacity as real estate professionals, we are subject to laws on anti-money laundering, terrorist financing, and corruption (Act no. 1,362 on AML/CFT).
This means we are required to ask you for certain documents and information about your identity, the nature and purpose of the intended business relationship, your economic background, and the source of the funds involved in the transaction.
Failure to provide the documents or information requested may oblige us to refuse or delay entering into a business relationship with you.
The personal data we collect (first name, last name, contact details) are processed on computer for administrative purposes.
The data we collect and hold under anti-money laundering, terrorist financing, and corruption laws and regulations are used exclusively for that purpose, and under no circumstances for commercial reasons. They are retained for the duration of the business relationship and for a period of five years after it has ended. These data may be disclosed only to the competent Monegasque authorities responsible for AML/CFT. Pursuant to Article 15.1 of the Data Protection Act, you have the right to access your personal data, either directly by sending a written request to Lorenzo PISANO, ARCUS PROPERTIES, 6/8, Quai Jean-Charles Rey – 98000 Monaco, or indirectly by sending a written request to the CCIN (the Monegasque Data Protection Authority) 7, Rue Suffren Reymond, MC 98000 Monaco.
1.1 Owner:
The company named “ARCUS PROPERTIES”, Limited Liability Company, with a capital of 15,000.00 Euros, having its registered office in Monaco, 6 Quai Jean-Charles Rey, Fontvielle, registered in the Trade and Industry Directory, under number 21 S 08679.
1.2 Creator
The company named “ARCUS PROPERTIES”, Limited Liability Company, with a capital of 15,000.00 Euros, having its registered office in Monaco, 6 Quai Jean-Charles Rey, Fontvielle, registered in the Trade and Industry Directory, under number 21 S 08679.
1.3 Person responsible for publication:
The company named “ARCUS PROPERTIES”, Limited Liability Company, with a capital of 15,000.00 Euros, having its registered office in Monaco, 6 Quai Jean-Charles Rey, Fontvielle, registered in the Trade and Industry Directory, under number 21 S 08679.
1.4 Webmaster:
Design Centre SARL, a Limited Liability Company, with a capital of 15,000.00 Euros, having its registered office in Monaco, 8 Avenue des Ligures, Seaside Plaza, Fontvielle, registered with the Répertoire du Commerce et de l’Industrie, under number 18 S 07720.
1.5 Host:
Design Centre SARL, a Limited Liability Company, with a capital of 15,000.00 Euros, having its registered office in Monaco, 8 Avenue des Ligures, Seaside Plaza, Fontvielle, registered in the Trade and Industry Directory, under number 18 S 07720.
2. GENERAL CONDITIONS OF USE OF THE SITE
The use of the site www.arcus-properties.com implies the full and whole acceptance of the present General Conditions. The said General Conditions are likely to be modified or changed at any time, the users of the site www.arcus-properties.com must refer to them regularly. This site is normally accessible to users at all times. An interruption for technical maintenance may be decided by ARCUS PROPERTIES, which will then endeavour to inform users in advance of the dates and times of the intervention. The website www.arcus-properties.com is updated regularly by ARCUS PROPERTIES. In the same way, the legal notices can be modified at any time: they are nevertheless imposed on the user who must also consult them each time he uses the site.
3. CONTENT OF THE SITE
The site www.arcus-properties.com is intended to provide information about all the company’s activities.
ARCUS PROPERTIES strives to provide information on the www.arcus-properties.com site that is as accurate as possible.
However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third party partners who provide this information. All the information indicated on the www.arcus-properties.com website is given as an indication, and is likely to evolve.
In addition, the information on the site www.arcus-properties.com is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. LIMITATIONS OF LIABILITY FOR MATERIAL DAMAGES RELATED TO THE USE OF THE SITE
The website cannot be held responsible for material damages related to the use of the site. Moreover, the user of the site commits himself to access the site using recent equipment, free of viruses and with a last generation updated browser.
ARCUS PROPERTIES cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the site www.arcus-properties.com, and resulting either from the use of equipment that does not meet the specifications indicated above, or from the appearance of a bug or an incompatibility.
5. INTELLECTUAL PROPERTY RIGHTS
The use of the site and its contents, does not grant the user any right with regard to copyright, design, trademark and any other intellectual and material property rights relating to the entire content of this site.
Any reproduction or redistribution of the entire content of this site is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and using the materials listed above on any other server, location or medium for publication, reproduction or distribution is expressly prohibited. However, the user is permitted to make a single copy for the purpose of viewing the content for personal use.
6. CONTENT
In addition to the intellectual property rights mentioned above, “Content” is defined as all graphics, photographs, including image rights, sound, music, video, audio or text on this site. ARCUS PROPERTIES does not warrant that the functional aspects of the site or the content of the site are accurate or error-free or that the content of the site or the server that makes it available is free of viruses or other harmful components. ARCUS PROPERTIES always recommends that all Internet users use and have installed up-to-date anti-virus software.
7. NON-COMMERCIAL USE
This site is to be used strictly for personal, non-commercial purposes only. ARCUS PROPERTIES prohibits any user from modifying, performing, reproducing, publishing, licensing, commercially exploiting, creating derivative works from, transferring, or selling any content, software, products, or services contained on this site. ARCUS PROPERTIES prohibits any use of the site or any portion of its contents for commercial purposes, including any advertising on its own site.
8. ACTIVITY OF THE USER OF THE SITE
Any use of the site implies the user’s acceptance of personal responsibility for his or her use of this site and for all communications and activities on this site.
In the event that ARCUS PROPERTIES discovers that the user has been involved in prohibited activities, is disrespectful to other users, or violates the Terms and Conditions of Use of the site, ARCUS PROPERTIES shall have the right to deny the user access to this site temporarily or permanently.
9. THIRD PARTY SITES
ARCUS PROPERTIES reserves the right to include hyperlinks on this site to other websites or resources operated by parties other than ARCUS PROPERTIES, including advertisers.
ARCUS PROPERTIES has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages and is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites.
10. LIMITATIONS OF LIABILITY
ARCUS PROPERTIES endeavours to take all reasonable precautions to ensure the accuracy of the information on this website.
However, ARCUS PROPERTIES cannot guarantee this and reserves the right to change the information on this website (including these Terms and Conditions) at any time without notice.
The user must consult these Terms and Conditions in order to be aware of the changes each time he/she uses this website.
ARCUS PROPERTIES provides this website “as is” and makes no representations or warranties of any kind about this website or its contents (including text, graphics, advertisements, measurements, links or other elements) and disclaims all such representations and warranties.
The opinions expressed on this website are not statements of fact.
In addition, neither ARCUS PROPERTIES nor any other contributor to this website makes any representation or warranty, condition, promise or term, whether express or implied, regarding the condition, quality, performance, accuracy, fitness for purpose, completeness, or freedom from viruses of the content of this website or that such content will be accurate, current, continuous, or error-free.
11. INDEMNITY
BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ALL RESULTS AND INFORMATION OBTAINED FROM IT AND THAT ALL WARRANTIES, CONDITIONS, PROMISES, REPRESENTATIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Except for liability for death or personal injury caused by negligence or fraudulent misrepresentation, ARCUS PROPERTIES and all contributors to this website hereby disclaim, to the fullest extent permitted by law all liability for any loss or damage, including any direct or indirect loss or damage you may suffer, whether in tort, contract or otherwise, arising out of or in connection with your access to, or use or non-use of, this website.
12. INFORMATION TECHNOLOGY AND PRIVACY
Your personal data may be used to provide our services. Please read our privacy policy for details of this use.
In accordance with article 2 and article 6 of law number 1.165 of December 23, 1993, modified by law number 1.353 of December 4, 2008, regulating the processing of personal information, this site has been declared to the President of the Commission for the Control of Personal Information of MONACO.
In accordance with the provisions of law number 1.165 of December 23, 1993, the personal data that you are led to communicate on this site are processed and stored in conditions designed to ensure the security of the information.
The personal data provided to us (such as the name and contact details of the user) in the context of this processing is used for the purpose of “managing the website for ARCUS PROPERTIES” and, more generally, for correspondence with the user, for the purpose for which the user has provided it to us.
The IP address currently used by your computer, the date and time, the type of browser and the operating system of your computer as well as the pages you have visited will only be saved for statistical purposes via the “Google Analytics” tool and may be transmitted to foreign countries for this purpose if you have given your consent when visiting our online offer. However, we are unable to make any inferences about personal data and have no intention of doing so.
We guarantee that the user’s personal data will not be passed on to other third parties, unless we are obliged to do so by law or the user has expressly consented to this. Data that must be entered in order to use the services offered on this website are marked with an asterisk ( * ).
Failure to provide this information in full or in part, or to provide it correctly, will prevent you from benefiting from all or part of the services on this website.
The data relating to the persons concerned which have been communicated to us solely via our website are kept for a maximum period of 1 year after the last activity on the website.
To exercise your rights of access, opposition and modification of your personal information for which ARCUS PROPERTIES is responsible, you can contact at any time by post: ARCUS PROPERTIES, Attn: Responsable du traitement, 6 Quai Jean-Charles Rey, 98000 Monaco.
In the event of the start of negotiations, conclusion, termination and redhibition following a termination of a sales contract, we collect, store and process data in accordance with the legal provisions.
13. NULLITY
If any part of our terms and conditions is unenforceable (including any provision under which we exclude our liability to you), the enforceability of any other part of these terms and conditions shall not be affected.
14. GOVERNING LAW
The Terms and Conditions together with all of our policies and procedures shall be governed by and construed in accordance with the appropriate law of the Principality of Monaco and the courts of the Principality of Monaco shall have exclusive jurisdiction.
Thus, the Courts of the Principality of Monaco shall have jurisdiction in the event of any dispute or litigation of any nature. This clause applies even in case of summary proceedings, incidental demand or plurality of defendants.