The following terms and conditions apply to the use of the www.fischer-cie.com website (hereinafter referred to as the “Website”) of Fischer & Cie. Consulting, Corp. (hereinafter referred to as “Fischer & Cie.” or „Fischer & Cie. Private Office “ or “We “).
By perusing the Website and using the information provided on it, the user signifies his or her approval of these conditions. Where the conditions for specific products and services are at variance with these conditions, the conditions for the products and services prevail.
Legal Disclaimer
The information on this Website is for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or any financial instrument or to provide any investment advice in any jurisdiction. Fischer & Cie. is not providing specific investment advice to any individual viewing the content of this Website and does not represent that the securities or services described herein are suitable for any specific investor. Investors are advised not to rely on any information contained on this Website in the process of making a fully informed investment decision. Fischer & Cie. expressly disclaims all liability in respect to actions taken based on any or all of the information on this Website.
Fischer & Cie. is authorized at all times to amend, modify or discontinue the operation of this Website and the information and details on the Website (including this disclaimer) without prior notification. It is therefore advisable to review this Disclaimer and any other notices on the Website on a regular basis so that you are aware of any such amendments or modifications.
TERMS OF USE
Who we are
Fischer & Cie. Private Office is a Service of Fischer & Cie. Consulting, Corp. The Website is a site operated by Fischer & Cie. Consulting, Corp.. The corporation duly register at Folio No. one five five six seven three three five zero (155673350) of the Merchant Section of the Public Registry of Panama, duly authorized for this act.
The Services we provide (‘the Services’)
This Website acts as a venue to allow parties to offer, sell and buy real property.
The role of FISCHER & CIE. PRIVATE OFFICE is limited to publishing and advertising information provided by Estate Agents (“Sellers”) and providing a venue for communication about the properties listed within the Website.
FISCHER & CIE. PRIVATE OFFICE offers advertising and marketing information only. This Agreement is meant to clarify FISCHER & CIE. PRIVATE OFFICE’s limited role as a publisher of advertising and a venue provider, and outline certain limitations regarding FISCHER & CIE. PRIVATE OFFICE’s obligations and liabilities. Your use of the Website and your clicking the acceptance of terms box below, confirms your understanding and acceptance of this Agreement and the Agreement shall be effective from that date. We recommend that you print a copy of these terms for future reference.
FISCHER & CIE. PRIVATE OFFICE presents advertisements of properties on our Website which are uploaded by third party users (usually Estate Agents). FISCHER & CIE. PRIVATE OFFICE’s advertisements of auctions do not involve legally binding offers to sell by FISCHER & CIE. PRIVATE OFFICE. They are simply a way in which Estate Agents may advertise their properties for auction to potential buyers on the Website.
FISCHER & CIE. PRIVATE OFFICE does not act in the capacity of an Estate Agent and as a result, has no control over the truth or accuracy of the information conveyed or the quality, value or title to the properties advertised. FISCHER & CIE. PRIVATE OFFICE is not responsible for, and does not engage in the listing, brokering, selling, purchasing, exchanging or leasing of real estate posted on the Website.
FISCHER & CIE. PRIVATE OFFICE does not advise sellers or buyers, show purchasers properties, negotiate sales contracts, or hold a position of trust and confidence. Accordingly, no brokerage, agency or fiduciary relationship is intended to be or shall be deemed to have been created between
FISCHER & CIE. PRIVATE OFFICE and any seller or buyer regarding the use of the Website. Further, we have no opinion regarding the ability of a seller to sell specific real estate nor can we ensure that a buyer or seller will complete a transaction.
Acceptable Use Policy
- You agree not to use the Website in any way that is unlawful, or harms FISCHER & CIE. PRIVATE OFFICE, its service providers, suppliers or any other User.
- You agree not to impersonate another person or misrepresent your affiliation with another person or entity.
- Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
- Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about property listings, or other data or content available through the Services.
- Your Information and your activities on the Website shall not:
- be knowingly false, inaccurate or misleading;
- be fraudulent;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or
- create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other suppliers
Registration Required.
In order to access certain parts of the Website a visitor is required to register as a ‘User’ (and the term ‘User’ shall include ‘Qualified User’ as the context requires) upon receipt of an invitation where you will be required to disclose certain information to FISCHER & CIE. PRIVATE OFFICE. After validation of the registration, the User may log in to the Website to view more information about our Services, and perform other functions not available to visitors who have not been formally invited and / or who are not logged in.
Access to Restricted Information.
Access to certain data on the Website, including financial instruments, loans, claims, title info, inspections and floorplans (collectively referred to as “Restricted Information”), is restricted to a limited number of registered Users and those individuals who may assist or give advice to these Users, who may be employees, officers or directors of the registered User, their agent or representative (including lawyer, accountant or financial advisor) or a third party such as an equity investor, servicer or contractor (collectively referred to as “Qualified Users”), and who may have a need to access the Restricted Information for the purpose of assisting and advising the User in evaluating whether or not to enter a bid. Qualified Users agree to be subject to the additional restrictions and requirements of this clause as a condition of access to this Restricted Information. Restrictions on Qualified Users apply to Restricted Information but do not apply to the properties for sale on FISCHER-CIE.com.
User Requirements.
Qualified User hereby represents and warrants to FISCHER & CIE. PRIVATE OFFICE that it has substantial experience as an Estate Agent, that it is capable of evaluating the merits and risks associated with purchasing properties and will carry out all due diligence to ensure that those purchasers who wish to avail themselves of the properties advertised on the Website have the necessary financial standing to do so.
Use of Restricted Information by Qualified User.
Qualified User agrees to hold in confidence the Restricted Information, in whole or in part, except in connection with those uses that are consistent with the usage granted herein and as disclosed to FISCHER & CIE. PRIVATE OFFICE, its officers, directors or agents who require such disclosure in the performance of their responsibilities, provided that such parties shall acknowledge the confidentiality restrictions contained herein.
The above restrictions shall not apply to information that is (a) generally available to the public or any relevant trade group; (b) independently developed by Qualified User; (c) required to be disclosed by law, regulations, or legal process by a court or government agency (but only with respect to the portion of the Restricted Information that is required to be disclosed), provided that prior to any such release, Qualified User shall give FISCHER & CIE. PRIVATE OFFICE prompt notice thereof, and in no event less than ten (10) business days’ prior notice of such release both by telephone and in writing, unless such notice is expressly precluded by applicable law or governmental order. Qualified User will not (a) disclose any portion of the Restricted Information in any manner, (b) make any copies of the Restricted Information in any form except for those copies provided by the Website, (c) transfer the Restricted Information to any other party, (d) co-mingle or archive the Restricted Information or (e) market the Restricted Information directly or indirectly in any form to anybody. Qualified User acknowledges that the remedy at law for any breach by it of this Agreement may be inadequate and FISCHER & CIE. PRIVATE OFFICE may also be entitled to injunctive relief.
Activities Requiring a License.
It is the User’s responsibility to seek the appropriate representation or accreditation when conducting any activity on the Website that may require a real estate or other license such as bidding, executing a real estate listing agreement, conducting research, preparation of due diligence documents, placing information on the Website, negotiating with a buyer and/or a seller or other real estate-related sale activities.
Sellers Must Be Represented By an Estate Agent.
Sellers of properties on the Website must be represented by an Estate Agent. FISCHER & CIE. PRIVATE OFFICE is a venue to assist the seller and the seller’s Estate Agent in marketing their Property, but provides no services that require any form of license in any jurisdiction.
Estate Agents Are Required to Have a Listing Agreement.
In order for an Estate Agents to post a property on the Website, the Estate Agent must have a valid listing agreement executed by the property owner (“Seller”) confirming that they wish to place a property for sale on the Website. The Seller and Estate Agent are solely responsible for the accuracy of the information that the Estate Agent may post on the Website and the contents of the listing agreement.
Due Diligence.
Prospective Users who wish to purchase a property are advised and encouraged to perform all necessary due diligence before bidding at an Auction; and all parties are advised and encouraged to seek the help and guidance of an Estate Agent and legal adviser or other suitable professional before bidding on any property. FISCHER & CIE. PRIVATE OFFICE does not carry out any due diligence in respect of any property advertisement on the Website and is not responsible for any of the content thereon.
User May Not Contact Seller.
Unless the User has a valid listing agreement with the Seller, User shall not call, write, meet with, or have any other contact with the Seller with regard to any property advertised on the Website or the potential sale of the property. In the event of a breach of this section, User shall be liable to FISCHER & CIE. PRIVATE OFFICE for all damages consequential thereto, including, but not limited to, their costs and legal fees in defending any legal action resulting from such breach.
Liability for Breach of Agreement.
If FISCHER & CIE. PRIVATE OFFICE determines that a User or Qualified User has breached any provision of this Agreement to which it has access, FISCHER & CIE. PRIVATE OFFICE may, at their sole discretion, exercise any or all legal or equitable rights or remedies to which they are entitled on account of User’s breach. FISCHER & CIE. PRIVATE OFFICE shall not be deemed to have waived any rights or remedies on account of failure, delay, or forbearance in exercising any such right or remedy in a particular instance.
Release of Liability and Indemnity.
FISCHER & CIE. PRIVATE OFFICE function is to host potential auctions on its site and the services are expressly limited to this function. User acknowledges and understands that all of the available auction information and any information uploaded by a User onto the Website, including Restricted Information, was prepared by third parties other than FISCHER & CIE. PRIVATE OFFICE, and further acknowledges and understands that FISCHER & CIE. PRIVATE OFFICE makes no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the Auction information.
User shall defend, and hold harmless FISCHER & CIE. PRIVATE OFFICE and their affiliates from and against any and all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including legal fees) incurred by FISCHER & CIE. PRIVATE OFFICE as a result of any breach or failure to comply with the provisions of this Agreement, any unauthorized disclosure of Restricted Information or other confidential information, or for the User’s use of the Website generally.
FISCHER & CIE. PRIVATE OFFICE does not accept any liability in respect of any dispute whether legal or otherwise which arises as a result of the content uploaded onto the website and the User will indemnify FISCHER & CIE. PRIVATE OFFICE and any of its affiliates, our and their officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute
The User agrees to indemnify and hold FISCHER & CIE. PRIVATE OFFICE, and its affiliates and subsidiaries, and our and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User’s breach of this Agreement or the documents it may incorporate by reference, User’s improper use of FISCHER & CIE. PRIVATE OFFICE’s Website, sites, services tools or applications, and/or your violation of any law or the rights of any third party or use of the Website generally.
No Warranty.
FISCHER & CIE. PRIVATE OFFICE, its officers, directors, employees and suppliers provide this Website and the Services without any warranty or condition express, implied or statutory and disclaim any warranties or implied warranties of title, merchantability, fitness for a particular purpose and non-infringement regarding any of the properties or information on this Website.
Limitation of Liability.
In no event shall FISCHER & CIE. PRIVATE OFFICE, its officers, directors, employees or its suppliers be liable for lost profits or any special, incidental or consequential loss or damages arising out of or in connection with this Website, the provision of the Services or this Agreement, howsoever arising including negligence. FISCHER & CIE. PRIVATE OFFICE’S liability, and the liability of its officers, directors, employees and suppliers to any User or any third party in any circumstances is limited to $100. This Agreement, including this limitation of liability, shall be enforceable by FISCHER & CIE. PRIVATE OFFICE and any of its affiliates.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our Website
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Website and any FISCHER & CIE. PRIVATE OFFICE content generated on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional, legal or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This Website will include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us via our Website.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy noted above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Other than the Restricted Information, content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties in accordance with the terms of this Agreement.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the right to use that content to advertise properties for auction in accordance with the terms of this Agreement.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
We may provide you with permission to link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy noted above.
Which country’s laws apply to any disputes?
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Panama law. We both agree to the exclusive jurisdiction of the courts of Panama.