Introduction
Please read these Next Day Real Estate.eu Website Terms of Use (“Terms of Use”) carefully before using the https://www.nextday.eu website (the “Website”). By browsing, accessing or otherwise using the Website, you agree to accept these Terms of Use.
Your visit to the Website, including, but not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing available on or through the Website, together (the “Content”), is subject to these Terms of Use, our Privacy Policy and our Cookies Policy, which may be updated by us at any time without notice to you. If we update our Terms of Use, we will post the updated Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and you agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors and minors should not provide personal information through this Website.
Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with Next Day Real Estate (if any) that may be in effect. Additional terms and conditions of use may be applicable to password-restricted areas of the Website.
For the purposes of these Terms of Use, “Next Day Real Estate,” “we” and “us” means the Next Day Real Estate entity which controls this Website and the “User” means any person accessing the Website. The websites of other Next Day Real Estate affiliates are governed by separate terms of use.
Any disputes between you and Next Day Real Estate in connection with these Terms of Use may be resolved in arbitration or small claims court, subject to applicable law.
If you have any questions or comments about these Terms of Use, please contact us at info@nextdaycapital.com
Use of the Website and Content
You are responsible for your use of the Website and the Content. You undertake to use your best endeavors to ensure that nothing you do whilst accessing the Website will damage the Website or otherwise violate these Terms of Use.
The Website, including, the Content, is the property of Next Day Real Estate, Next Day Real Estate affiliates, or Next Day Real Estate service providers and is subject to copyright, trade mark and other laws. To the extent expressly permitted herein, Next Day Real Estate grants you a limited, revocable, non-exclusive and non-transferable personal right to view, download and print pages from the Website solely for your personal and non-commercial use. This right will terminate immediately upon your unauthorized use of the Website or Content. Subject to the foregoing, no intellectual property rights in respect of the Website or Content are granted or extended as a result of Next Day Real Estate making the Website available. All rights not expressly granted to you in these Terms of Use are reserved.
You may not (and may not encourage or assist others) to:
- reproduce, republish, distribute, exploit commercially, use or modify without Next Day Real Estate’s express written consent, the Website or Content;
- access, copy or download the Website or Content using automated methods, including but not limited to, “web scraping” or “bots”, “robots” or “spiders” that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;
- use any trade mark, service mark or logo of Next Day Real Estate or any third party that appears on the Website without prior written consent or remove or obscure any copyright or other notices contained in the Website or the Content;
- if you link other websites to the Website, imply or suggest that Next Day Real Estate has endorsed or is affiliated with such websites and you may not display the Website as “framed” or “mirrored” within another website;
- delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website or Content or any of the Websites’ source code or software;
- transmit any virus, worm, time bomb or similar system interference through the Website;
- violate these Terms of Use, the Privacy Policy or Cookies Policy or any law, regulation, rule or intellectual property or contractual rights of others, or attempt to violate the security of the Website, including attempting to gain unauthorized access to Content or use or gain access to the identities, information or computers of others through the Website;
- impersonate any person or entity or create a user account for anyone other than yourself or create another user account without permission if Next Day Real Estate has suspended or terminated your user account; or
- use any hidden text or metatags using “Next Day Real Estate” on a website or content published on a website or otherwise.
Next Day Real Estate has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website or Content. Next Day Real Estate may investigate any complaint regarding a suspected violation of these Terms of Use, and may report any activity relating to the Website or Content to regulators, law enforcement officials or other persons or entities that it deems appropriate.
The Website or any part of the Website may be periodically unavailable, and Content may be removed or modified at any time without notice. Next Day Real Estate may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of Users. Users will have no right to compensation or other remedy for being unable to access the Website.
Restricted Access
Website Disclaimers and Limitations of Liability
Subject to any applicable law that cannot be excluded, the Website and Content are provided “as is” and “as available” without any representation, warranty or condition. No reliance should be placed on any information on the Website or the Content. Users agree to bear all risks associated with their use of the Website and Content, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website or Content. You agree that Next Day Real Estate is not liable for any action you take, omission, or decision you make in reliance on the Website or the Content, subject to applicable law.
The Content and the Website are for informational purposes only and are not investment, professional, legal or other advice nor are they to be relied upon in making an investment or other decision. The Website and Content is not an offer to sell, or a solicitation of an offer to buy and do not constitute an invitation or inducement of any sort to any person.
Certain information contained on the Website and in the Content may constitute “forward-looking statements” as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, and include statements regarding Next Day Real Estate’s competitive strengths, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook. Words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan” and “believe” are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of Next Day Real Estate to differ materially. Except as required by law, Next Day Real Estate undertakes no obligation to update or revise statements or information on the Website or in Content.
Any transactions described on the Website or in any Content as having been engaged in by Next Day Real Estate are included as representative transactions for illustrative purposes only. Past performance is not indicative of future results. No assurance or representation is made, that comparable results or any target returns disclosed on the Website or in Content will be achieved.
You agree that, to the maximum extent permitted by applicable law, in no event shall you seek to hold Next Day Real Estate, its affiliates and/or their respective officers, directors, managers, partners, members, shareholders, employees and agents (“Affiliates”), liable and in no event shall Next Day Real Estate or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use, inability to use, availability of the Website or the Content, irrespective of whether Next Day Real Estate has been advised of the possibility of such damages and/or losses.
The liability of Next Day Real Estate and/or its Affiliates for breach of any condition, guarantee or warranty implied by statute that cannot be excluded, is limited to the maximum extent permitted by law, at Next Day Real Estate’s option, to the re-supply of goods or services, or the payment of the costs of having goods or services re-supplied.
Indemnification
Linked Websites
Password Protected Links
Some pages on the Website are available only to clients with registered accounts and log-on credentials. You are responsible for the confidentiality of your log-on credentials and account information, and for all actions taken on the Website while logged on with your credentials. You should not disclose your log-on credentials or account information and you should choose a unique password. Next Day Real Estate reserves the right to suspend or cancel Website accounts and log-on credentials at any time, for any, or no, reason and without notice. If you suspect that your log-on credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account log-on page.
Pages on the Website that are accessible only via registered accounts and with log-on credentials are only available to institutional or professional Users. By accessing such pages, Users will be deemed to have confirmed that they meet the criteria for this classification. Such confirmation will be treated by Next Day Real Estate as the User’s acceptance that they understand the classification of these Terms of Use as applicable under the regulatory regime of their country of residence.
User Content
Electronic communications can be intercepted by third parties and electronic mail and other transmissions to and from the Website and Next Day Real Estate may not be secure. Any communications to Next Day Real Estate should be sent to the contact information provided in the “Contact Us” section of the Website. You are responsible for any content that you post on the Website or submit to us via contact forms on the Website, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Content”).
You hereby represent and warrant that any User Content you submit to us is either your original content or that you have obtained all necessary rights to your User Content, including the right to authorize us to use your User Content as set forth in these Terms of Use. By submitting any User Content, you hereby grant to Next Day Real Estate an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free, fully paid-up, sub-licensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Content.
Material Interests
Dispute Resolution by Binding Arbitration
Subject to applicable law, in the interest of resolving disputes between you and Next Day Real Estate, you agree that Next Day Real Estate may, at its sole discretion, require that a dispute arising out of or in connection with these Terms of Use or your use of the Website or Content shall be resolved through binding arbitration or small claims court, at Next Day Real Estate’s option, instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other Users.
Governing Law
Subject to the Disputes Resolution by Binding Arbitration section above, these Terms of Use and the rights and obligations of any recipient or viewer of the Website or the Content (and any person that they represent) arising out of or in connection with the Website or the Content, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of of Belgium and any disputes arising out of or in connection with the foregoing shall be subject to the exclusive jurisdiction of the French speaking courts located in Brussels.
No waiver by Next Day Real Estate or any of its Affiliates of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet and its various applications, of which this material forms part.
