Terms of Service

A. Definitions

For the purposes of the Terms the following expressions have the meaning set forth below:

You: Refers to you as a user of the Site

Successful Bidder: Refers to the Bidder that took part in the Online Auction process conducted by the Site regarding the Property and is the winner according to the Terms.

Delfi Auctions: Refers to the online auction Site “Delfiauctions.com” which the Online Auction Processes are being conducted and completed.

Property: Refers to the asset being displayed on the Website and the Successful Bidder wishes to purchase.

Owner: The Legal owner of the Property.

Us and/or We and/or Our: Refers to DELFI REAL ESTATE L.L.C. with the registration number HE 337165 who is the legal owner of the Website and ,to its directors and/or employees and/or representatives and/or associates.

Deposit Payment: Refers to the payment you will be asked to pay Delfi Auctions, if you wish to bid in the online auction process for the respective Property.

SPA: The Sales and Purchase Agreement uploaded on the Website and available to all registered bidders.

Purchase Price: The total price of the Property, excluding VAT, that must be paid by the Successful Bidder for the purchase of the Property.

B. Eligibility

This Site is not available to individuals who are under the age of 18. Our services are not available to minors. Registering and using the Site constitutes that you are able to enter into legally binding contracts.

You will not be eligible to use the Site if you have previously been banned from using the Site due to the fact that you did not comply with any of the terms of these Terms and your ban is still in place and/ or your authority to use the services of the Site has been suspended and a suspension is still in place.

C. Privacy Policy

The Site has adopted a Privacy Policy that governs the use of any personal information provided to the Site by you and how we keep that information safe. Our Privacy Policy(uploaded on the Website) forms an integral part of the Terms and sets out the terms on which our Site uses your Personal Information.

Please refer to the Privacy Policy to be aware of the Site’s practices regarding the gathering of your personal information, which is available at (delfiauctions.com/privacy-policy). By using the Site, you consent to the collection and use of your personal information by the Site for the purpose of your registration and/ or taking part in one or more auctions online.

D. Changes to Terms and Conditions

These Terms which govern the use of the Site may be changed and/or amended by us at any time, and without prior notice of any type.

Most of the content of the Site may be updated by us on a real-time basis without any notice.

We are not responsible if any of the content of the Site is not available at any given time. We will not be liable if the Site for any reason restricts access to you from the online auction process at any time and/or for any time-period.

According to the above terms you are solely responsible to take all reasonable steps in order to have access to our Site.

By agreeing to these Terms, you ensure to inform and/or notify any person(s) and/or anyone who uses your internet connection and/or your computer/laptop/tablet/smart phone or other electronic means about these Terms and you will be responsible if they do not comply with them.

E. Access to our Site

You can have access to our Site free of charge. Delfi Auctions in its sole discretion and at any time, may decide to impose charges and/ or other subscription fees in order for you to have any access to our Site. In such case, we will provide you with reasonable prior notice.

You must not attempt to or misuse (e.g. hack into, compromise security or otherwise disrupt) the smooth operation of our Site or infringe its use or accessibility by us or other Users.

F. Registration

Before bidding online through our Site, you must be a registered user. It is your responsibility to provide us with valid and accurate information related to you and/or to your company and/or the physical or legal entity you legally represent.

We reserve the right to suspend and/or terminate any registered account with and/or without any notice.

If your username and/or password has been obtained and/or otherwise compromised by another person and/or legal entity you must contact us immediately. Note that we do not contact any user after the registration to confirm the username and/or password.

As a registered user you will be capable of forming legally binding relations under applicable law to which you are bound at all times during use of our Site.

You agree that each bid submitted as provided, under these Terms, is irrevocable, regardless of whether it has been submitted in error and notified to us. Note that we have the right to reject a registered user to bid online and/or ban any user that does not comply with the Terms contained herein.

G. Access to the Auction process

Once you have been registered, you will be required to provide us with a list of documents required by our Know Your Customer (KYC) procedure.

After submitting the required KYC documents, we will send you a message that the documents in question will be reviewed within 2 (two) workign days of receipt of the message. If your KYC documents have not been successfully uploaded, you will receive a notification from us asking you to upload the relevant KYC documents. Once you receive a message that your KYC documents have been successfully verified, you will be asked to proceed with the Deposit Payment.

The Deposit Payment is a payment that is held in a secure bank account owned by Delfi Auctions. The amount payable will depend on each auction and is accessible through the auction registration page only during the period that an auction is open for registration.

Once your Deposit Payment is successfully held, we will send you a relevant notification.

If you are not the Successful Bidder at the end of the respective auction your Deposit Payment will be returned to you in full within (7) seven working days. If you are the Successful Bidder then your Deposit Payment will be deducted from the Purchase Price.

In the event that, you are the Successful Bidder, according to the Terms, you will be asked to enter into a contract with the Owner of the Property. The Successful Bidder is obliged, to pay (30%) thirty percent of the balance of the Purchase Price to the Owner of the Property,upon the signing of the Sales and Purchase Agreement.The remaining balance of the Purchase Price must be paid by the Successful Bidder to the Owner upon the transfer of the Property in the name of the Successful Bidder .

The Sales and Purchase Agreement, — has already been uploaded on our Website and is available to all registered bidders.

We advise the Successful Bidder, before entering into the Sales and Purchase Agreement, to obtain independent legal advice in connection with the execution of such Agreement.

DELFI AUCTIONS shall have no liability and/or responsibility of any kind, to the Successful Bidder, concerning any clause and/or part and/or any subject referred to such Agreement.

You can bid at more than one auction at a time. In such case you will need to pay a separate Deposit Payment for each auction.

H. Purchaser obligations

Once you are the Successful Bidder you will receive a notification from us. You will be required to provide us with specific Anti-money laundering (AML) and KYC documents that will be requested within 72 (Seventy-two) hours from the auction closing. You shall provide us with all suchthe above documents referred strictly within 3 (three) working days from the date of the request.

Once the AML process is successfully completed, we will contact you with the necessary steps to proceed with the SPA.

I. Intellectual Property Rights

We own, solely and exclusively all the intellectual property rights and interest in all listed items and content (including any materials posted on the Site, audio, code, software, images, photographs, text, logos, graphics, video etc.) on our Site. Once you have access as a registered user or otherwise, you do not have the right to use any trademark, patent, design right, copyright and/or other intellectual property rights of Delfi Auctions and/or any other third party. Your use of Delfiauctions.com does not grant you ownership of any kind of content posted on our Site.

You do not have the right to copy, store, reproduce, republish, dispose of or use in any way, any content of the Site, or any part thereof, unless you have previously obtained our written permission.

J. Uploading Content To Our Website

The Site may offer you the chance to submit posts, display, transmit, perform, publish, distribute content and/ or material, such as text, music, video, audio recordings, questions, comments, suggestions Content’’).

According to these Terms, you warrant and represent that your Content will not be inappropriate. Without limitation and under these Terms and Conditions, inappropriate content includes:

• defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
• infringes any intellectual property rights proprietary to us or any other third party (copyrights, database right)
• It is spam or junk content
• It is in breach of confidentiality
• It would be considered a criminal offense, or gives rise to civil liability, or is otherwise unlawful
• It would introduce any virus, trojan, worm or other harmful software to our Site and/or software

By uploading or submitting Content to our Site, you warrant that you are the sole author and owner of all proprietary rights in the Content. Otherwise, if the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owner(s) to use their material in accordance with the provisions of these Terms and Conditions. You are responsible for ensuring that you will comply with all the above terms.

You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses suffered or incurred by your failure to comply with these Terms.

Failure to comply with these Terms may result in liability for any loss and/or damage we may suffer. We shall be entitled to recover from you all the costs including legal fees.

You are responsible for defending us from and/or against any claim or action by a third party that the use or possession of any Content submitted or uploaded on our Site by you infringes any right of such third person.

We agree that you will retain ownership of any intellectual property rights that you hold in the Content.

According to these Terms, you grant to us on a royalty free basis, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt in whole or in part that Content in accordance with these Terms. By submitting your Content on our Site, you warrant that you have the right to grant this license.

You agree that it is within our sole discretion whether or not we will publish or remove any of the content you use on our Site, if we decide that such content does not comply with the Terms.

We have the right to provide any third party with your identity details, if such third-party claims that your content or any part of your content you use or post on our Site constitutes a violation of its intellectual property rights or otherwise.

Any opinion expressed by other users on our Site does not represent our own and we accept no liability for your reliance on such opinion.

K. Limitation Of Our Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation or access to our services. Bid update and other notification functionality in the Site may not occur in real time. Such functionality is subject to delays beyond our control.

You agree that our Site will not be responsible for any loss suffered and/or damage whether in contract, tort and/or breach of duty of care regarding the:

• use of, or inability to use, our Site
• use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue
• business interruption
• loss of anticipated savings
• loss of business opportunity, goodwill or reputation
• any indirect or consequential loss or damage
• loss and/ or damage caused by a virus or other malware and/or other technologically harmful material

We will not be liable to you if we may not fulfil any of our obligations we owe to you and/or we depart from the conduct expected of a reasonably prudent person acting under these Terms, where that failure was beyond our reasonable control such as, Act of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity or telephone or internet service and/ or otherwise.

We are not responsible for any loss or damages that may arise when you use the content of any other websites that are linked on our websites. We do not control or monitor such websites.

L. No reliance on information

You acknowledge that the content on our Site is provided for general information only. You agree that you have made your own independent decision to enter into any transaction and/or action on the basis of the content on our Site.

Although we try to update the information on our Site regularly, we do not make any representation, warranty, covenant or promise that the content on our Site is accurate, complete or up to date.

M. Linking to our website

You agree to link to our home page in any way that is lawful and/or does not harm the reputation of our Site and/or violate the rights and/or Terms of our Site.

You are forbidden to display a link to our Site or any part of it in such a way as to suggest, endorse or approve that we are associated with the linked website.

If you are not the owner of the Website, you are forbidden to display a link to our Site.

Our Site is forbidden to be framed on any other website (including a website of which you are the owner).

We are entitled to add to, change, amend or exclude any of the above permissions under these Terms without any notice to you at any time.

If you have any questions about the above linking permissions, please contact us at [email protected].

N. Third party links and resources in our site

Our Site may include links to other websites (“Linked Websites”) maintained by third parties. Our Site provides links to Linked Websites to you solely for convenience and information purposes, and the inclusion of Linked Websites does not imply endorsement by us of any Linked Websites. You agree to access Linked Websites at your own risk and by accessing them, you leave our Site. Linked Websites are not under the control of our Site and/or by us and our Site is not responsible for any content of any Linked Websites.

O. Termination

Without limitation to any other rights or remedies, if you breach any of the Terms herein, we are entitled to suspend or terminate your use of the Site. Furthermore, we may take legal actions against you.

P. Applicable Law

Please note that these Terms, their subject matter and formation are governed, construed and enforced by Cyprus Law and by use of this Site you agree to the exclusive jurisdiction of the Cyprus courts.

Q. Severability

If any provision or term contained in these Terms is deemed illegal or inapplicable or unenforceable by a competent Court or other competent authority, it will be deleted and/or amended, while the remaining Terms will continue to apply.

For more information, please contact our Legal Department: [email protected]