Terms and Conditions
Realty Seychelles
P.O.Box: 600
Victoria
Mahe
Realty Seychelles offers services to you, the “Member” or “Professional Service Provider”, conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your agreement with Realty Seychelles and/or use of Realty Seychelles’s services constitutes your acceptance to these terms of use. These Terms of Use are subject to change at any time, without prior notice.
Member Services to Home Buyers and Sellers
Realty Seychelles allows Members to submit request for service(leads) to independent third party real estate and other related services professionals. Members (whether a home buyer or a home seller) agree to supply Realty Seychelles with information about themselves and the property they want to sell or hope to buy. Realty Seychelles will use this information within Realty Seychelles and to provide certain details on an anonymous or non-anonymous basis, depending on the Professional Service Provider, to third party affiliates who are, in most cases, appropriate members of its network. As Realty Seychelles uses email, phones, and IM (instant messenger), to provide Realty Seychelles services, all Realty Seychelles Members must consent to receive emails, phone calls or instant messenger from Realty Seychelles to qualify for Realty Seychelles services. Realty Seychelles Members will also be required to consent to receive emails from third party(ies), if the Realty Seychelles service requested requires services from a third party(ies)(for example, a local real estate agent).
To assure the value of Realty Seychelles’s services, you affirm that all of the information you have provided to Realty Seychelles, whether online or otherwise, is accurate and complete. Realty Seychelles reserves its right to terminate or suspend access to any Member information that is alleged to be inaccurate or misleading.
Realty Seychelles may refer Professional Service Providers mortgage lending, or other related “services” to Members, but Realty Seychelles does not engage in real estate broker services. Real Estate brokerage activities are performed by local Professional Service Providers, mortgage lenders, or other related “service provider” that have been referred to you by Realty Seychelles. The terms of any agreement between a Professional Service Provider and/or mortgage lending institution and Realty Seychelles are not endorsed, recommended or otherwise known to or by Realty Seychelles.
For its services Realty Seychelles may receive payment including, but not limited to a marketing fee. Realty Seychelles’s payment is due pursuant to agreements between Realty Seychelles and the Professional Service Provider and/or mortgage professional involved. Your membership with Realty Seychelles and use of Realty Seychelles services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
Realty Seychelles may from time to time offer eligible Members promotional opportunities. Members eligibly for a particular promotion will be defined in the terms of each promotion. Not all Members may be eligible to receive all promotional opportunities.
Realty Seychelles Professional Service Provider Agreement
The Realty Seychelles Agent Network is a service provided to a registered Realty Seychelles Members that allows potential home sellers and homebuyers to find help from Professional Service Providers. Members must provide information requested by Realty Seychelles relevant to the real estate transaction. This information is forwarded on to selected local Professional Service Providers that have registered with Realty Seychelles to receive such information. All such Professional Service Providers are independent third parties to Realty Seychelles. Realty Seychelles makes no representation or warranty as to the quality or a qualification of any real estate professional referred to Member and requires that all Members independently investigate the qualifications of each real estate professional prior to entering any agreement with a real estate professional. Member may contact the Professional Service Provider at any time through contact information provided by that Professional Service Provider. Responses from Professional Service Providers may include, but are not limited to, their years of experience with real estate transactions, the number of homes sold within relevant ZIP codes and other details about their knowledge of the locale. To use this service, Member must consent to receive emails from Realty Seychelles, Professional Service Providers, mortgage professionals, and other related “Service Providers” referred to Member by Realty Seychelles.
Realty Seychelles is not a party to, and has no knowledge of specific terms of, any agreement between the Professional Service Providers and the Member.
From time to time Realty Seychelles may include on its www.Realty Seychelles.com site, third parity services such as a Moving or a Mortgage service. Realty Seychelles posts these services on its site as a service to its Members who may be interested in such services. Realty Seychelles is not responsible and makes no warranty or representation as to the quality or performance of the services offered. Realty Seychelles advises all Members to carefully review each third party service offering prior to engagement with any third party service provider.
Realty Seychelles is not responsible or liable for any acts or omissions created or performed by these third parties. Realty Seychelles’s Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Realty Seychelles does not operate or control in any respect any information, software, products or services available on such Web sites. Realty Seychelles’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Modification Of Realty Seychelles Services
Realty Seychelles reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service with or without notice to any Member or Professional Service Provider. Realty Seychelles shall not be liable to any Member or any third party should Realty Seychelles exercise its right to modify or discontinue service.
PAYMENT OF CHARGES
Fees and Requirements for Real Estate Professionals
Realty Seychelles offers services targeted to Real Estate Professionals. To receive these services real estate professionals must accurately complete a Professional Service Provider Agreement for each service offered and agree to relevant payment obligations. Depending on the service chosen Real Estate Professional may be required to supply a valid credit card that is available for periodic payments. Alternatively, where applicable, a Real Estate Professional must agree fees due to Realty Seychelles for advertising and marketing services shall be paid directly to directly to Realty Seychelles Inc.
Applicable fee(s) are payable whenever a Professional Service Provider purchases a “Local Territory” and “Accepts Leads” submitted by “members” of Realty Seychelles.com. For Professional Service Providers receiving Seller and/or Buyer leads from Realty Seychelles all leads shall be included along with the purchase of “Local Territory (ies) and all applicable monthly fees are payable on the 1st of each participating month.
A. On Time Payment
A Professional Service Provider is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. Realty Seychelles may terminate or disable a Professional Service Provider’s account if the Professional Service Provider fails to pay any amount due to Realty Seychelles when due. If the Professional Service Provider’s credit card expires or otherwise declines payment, access to Realty Seychelles can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest at the rate of 15% of the balance per annum, or the maximum allowable by law, whichever is less, accrue on the total amount of the delinquent sum, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Professional Service Provider shall pay all costs of collection, including legal fees, incurred by Realty Seychelles. The Professional Service Provider is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing Realty Seychelles information, content, goods, product or services that are provided at an extra cost. Each time Realty Seychelles is accessed or used, the Professional Service Provider affirms that Realty Seychelles is authorized to obtain payment from through a selected payment method. All fees are quoted and payable in United States dollars. The Professional Service Provider is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Realty Seychelles including charges incurred on the Professional Service Provider’s account by the Professional Service Provider, or anyone the Professional Service Provider allows to use the Professional Service Provider’s account.
B. Payment Methods
Professional Service Providers complete billing address and telephone number must be provided to process payments. Realty Seychelles accepts major credit cards including Visa, MasterCard, American Express and for some charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods, Realty Seychelles and Realty Seychelles Real Estate Inc., may not credit the applicable account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. Realty Seychelles may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
C. Account Discrepancies
A Professional Service Provider may always contact Realty Seychelles customer service by e-mail or telephone concerning Charges or other questions regarding the status of an account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the service provider must write to the Customer Service Department, Realty Seychelles Inc, 1 Venture Plaza, Suite 300, Irvine, CA 92618 delivered by United States mail or by fax to 949.305.0803.
Termination
Realty Seychelles reserves the right to cancel the services of any Professional Service Provider in any Realty Seychelles service at any time.
All fees due to Realty Seychelles up to the point of termination shall remain payable to Realty Seychelles. A Professional Service Provider may cancel by delivering written notice (30) days prior to the actual cancellation date requested. Customer Service Department, Realty Seychelles Inc., One Orchard Lane, Suite 235, Lake Forest, CA 92630 by United States mail or by fax to 949-305-0803.
Obligations of Professional Service Providers Registered with Realty Seychelles
By completing your Service Provider Agreement with Realty Seychelles.com as a Professional Service Providers, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Realty Seychelles services;
b. All information you submit to Realty Seychelles or pursuant to a Realty Seychelles service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Realty Seychelles or to Members to ensure accuracy at all times;
c. You are an individual person.
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to Professional Service Providers/real estate agents in the areas for which you have requested Realty Seychelles service;
e. You will not use information obtained through Realty Seychelles to locate, identify or directly contact a Home Seller or Home Buyer in any manner without Buyer/Seller consent;
f. You will not use or attempt to use any facility provided by Realty Seychelles wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Professional Service Providers/Real Estate Agents;
g. You will not respond to a request for service (Lead) that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide service.
h. You will not submit a Profile or Proposal or Bid or Endorsement or refer Realty Seychelles or Realty Seychelles Real Estate Inc. supplied leads to any other person or business entity for resale
i. You will not take any action that may undermine the integrity of any Realty Seychelles Member initialed feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the Realty Seychelles services;
j. You will not use any Realty Seychelles Member feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among Realty Seychelles Members;
k. You have secured and will maintain any required supervising broker’s authorization and payment of a fee that will be incurred by virtue of your Realty Seychelles Service Provider terms, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
l. You hereby grant Realty Seychelles permission to e-mail or display your Profile and such other information as may be supplied by you to Realty Seychelles on or from Realty Seychelles’s website (www.Realty Seychelles.com) and such other partner and affiliate websites as Realty Seychelles shall deem advisable in its sole determination for marketing purposes;
m. You will use Advertisement(s) that: (I) are Advertisements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser’s full and unqualified permission, (ii) include the marketers name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an Advertisement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to Realty Seychelles and Realty Seychelles Members Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.
Obligations of Home Buyer/Seller Members Registered with Realty Seychelles
By completing your membership with Realty Seychelles.com as a potential Home Buyer or Home Seller, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in purchasing/selling property or both;
c. You are interested in purchasing/selling property located in the USA;
d You agree to be contacted via Email or other means by Realty Seychelles regarding
e. You acknowledge that Realty Seychelles recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify Real Estate Professional license status and background as Realty Seychelles.com, Inc makes no such representations and or warranties about any real estate professional that may use the Realty Seychelles service.
f. As a Home Buyer or Seller, you are not bound to accept any service proposal submitted. Offers of service are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate professional. Any Advertisements posted by a Professional Service Provider through the Realty Seychelles Program are the sole responsibility of the Professional Service Provider. Realty Seychelles disclaims any liability arising from and the accuracy of any Advertisements posted by Professional Service Providers. It is your responsibility to evaluate the nature of any Advertisement posted by any Professional Service Provider and to be aware that Advertisements might not reflect the actual quality of service that you may receive from a Professional Service Provider.
g. You are interested in Real Estate related services including but not limited to: Mortgage Services, Insurance Services, Relocation Services.
DISCLAIMERS AND LIMITATIONS
Realty Seychelles intends that the information contained in its web site be accurate and reliable; however, errors sometimes occur. In addition, Realty Seychelles may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Realty Seychelles AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR PROFESSIONAL SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Realty Seychelles’S SERVICES IS AT YOUR OWN RISK. Realty Seychelles AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Realty Seychelles’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT YOU, EVEN IF Realty Seychelles AND/OR ITS SUPPLIERS KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify Realty Seychelles and its suppliers, distributors, participating Lenders, or Professional Service Providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of Realty Seychelles’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
ERRORS AND DELAYS
Realty Seychelles is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Realty Seychelles’s services, to the goods or services provided by Realty Seychelles, or to any acts or omissions for which you may contend Realty Seychelles is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Orange County, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Realty Seychelles. In any arbitration, Realty Seychelles will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Realty Seychelles WILL BE RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY CALIFORNIA. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of Member are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
