Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE LEGALLY BINDING AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS
This website https://gogordian.com/ (the “Website”), is operated by Gordian Servicing Limited, a company incorporated under the laws of the Republic of Cyprus under registration number HE 430841, with its registered office located at 20 Costis Palama, ‘Aspelia Court’, 2nd floor, 1096, Nicosia, Cyprus (referred to as “Gordian Servicing”, “we” or “us” or “our”). Gordian Servicing is also authorised by the Central Bank of Cyprus to operate as a credit servicer.
Gordian Servicing provides to its clients, under the terms of a servicing agreement and/or a general power of attorney and in line with best practices and in full adherence with applicable laws and regulations, the following non-exhaustive list of services: loan administration, debt recovery, property repossession, property management and administration and the promotion and marketing of properties for sale. For the avoidance of doubt, none of the properties advertised through the Website (each a “Property” and collectively the “Properties”) is owned by Gordian Servicing.
Through the Website, each owner of a property (hereinafter the “Owner”), acting via and/or being duly represented by Gordian Servicing, in accordance with the terms of a power of attorney and/or a servicing agreement, advertises and promotes the sale of real estate assets which belong to such Owner. The details of each Owner are set out in the “Description” section of each webpage where the details of the relevant asset are set out.
By using the Website, you are signifying your acceptance to be bound by these terms and conditions (“Terms”), which are legally binding. We may revise and alter these Terms at our sole discretion at any time by updating this page and you should therefore visit this page from time to time and take notice of any changes.
1. OUR RIGHTS AND INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in this Website (including but not limited to all database rights, trademarks, and trading names) belong to us or our licensor(s). All rights are reserved.
We reserve the right to use “cookies” on the Website to enable it to personalise each user’s visits on the Website.
You may download material from this Website for the sole purpose of using this Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
This Website may contain links to websites operated by third parties. We have no control over their content. We therefore make no warranties or representations as to the accuracy of any of the information appearing in relation to any linked websites. The links are for your convenience only. If you decide to access any third-party website linked from this Website, you do so at your own risk.
Sections of our Website may contain views expressed by users. Such views do not represent our views or values. In addition to all our rights set out above, we reserve the right to remove any views or statements expressed by users and to take down any content that you upload to our Website at any time and for any reason without notice.
2. YOUR OBLIGATIONS AND CONDUCT
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications and requirements necessary to use this Website and that your computer system is compatible with this Website.
You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to carry out any of the foregoing.
All content that you upload to our Website must be accurate (where you state facts), be honestly held (where you state opinions), and comply with the applicable laws and regulations of the Republic of Cyprus. Such content must not contain any material which is defamatory of any person or which is offensive, discriminatory, unethical or which does or could potentially infringe the intellectual property rights of any third party. We will determine at our sole discretion whether there has been any breach of this clause. Where a breach of this clause has occurred, we may take any action we deem appropriate, including legal action.
You recognise that Gordian Servicing is not a real estate agent, attorney, financial adviser or other professional advisor.
Further, you acknowledge that Tender Forms (as defined in section 6 below) submitted are subject to contract with the Owner of the Property and no warranty is provided with regards to the acceptance of any Tender Form submitted (irrespective of the amount offered for the purchase of the Property or of the date and time at which the Tender Form was submitted), nor we (acting for and on behalf of and/or in accordance with the instructions of the Owner), and/or the Owner, have any obligation to reply to any Tender Form submitted or to give any reasons for rejecting or accepting any bids.
You recognize that at times (including during the submission of Tender Forms) you might be asked to provide your personal information (including, without limitation, your name, contact details, email address, etc.), and that such information must be accurate. For information about how we process personal data, the rights of data subjects and other important information regarding how we collect and use of personal data, please read the our Privacy Notice, which is available at https://gogordian.com/privacy-policy/.
3. BARRING FROM THE SITE
We reserve the right to bar or block users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion, without any need to provide a notification, notice or warning. The barred user must not then attempt to use this Website under any other name or through any other user.
Whilst we endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
You recognize that the Website is updated at regular intervals and due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or free of any error or that the Website will be accessible and operative on a 24 hour-per-day, 7-day-per-week basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable if we cannot process your details, your requests or your tenders due to any circumstances.
The information provided on this Website is for general interest only and does not constitute specific advice.
We make no warranties or representations that the property information, including location, size, dimensions, physical and legal condition, etc. on this Website is correct, accurate or up to date.
We make no warranty or guarantee that this Website or information available on it complies with laws other than those of the Republic of Cyprus.
We will not be liable for any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Website, or use of or reliance on any content or information displayed on our Website.
We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit, loss of business, loss of reputation, depletion of goodwill, or loss of, damage to or corruption of data.
We will not be liable for any loss or damage caused by a virus, attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
We are not liable regarding any misinformation, inaccuracy, mistake, misrepresentation, or other error regarding the property information, including location, size, dimensions, physical and legal condition, etc. on this Website. The users of this Website interested in completing a Tender Form on this Website are responsible to visit and inspect the properties they are bidding on, either themselves or through an advisor or a representative. All interested purchasers must, among other due diligence carried out on the property, check the town and planning details of the property with the appropriate authorities. We accept no liability for any difference there might be between the property details provided by us and those provided by the relevant authorities.
When you use the Tender Forms on this Website to make a bid on a property, your details (including your email address) may be sent by email directly to email@example.com. We are not liable if any Tender Forms are not submitted to us due to any technical error, inability to use the Website or break down of the Website.
Prior to the acceptance of an offer submitted via a Tender Form, we have the right to review and reconsider the selling price of a property at any time without prior notice.
SECTIONS 6-8 BELOW OF THESE TERMS DO NOT APPLY TO PROPERTIES ON THE WEBSITE IN FORECLOSURE PROCEEDINGS. SECTIONS 6B AND 7 BELOW OF THESE TERMS ONLY APPLY TO PROPERTIES NOT SOLD THROUGH AUCTIONS.
6.A. THE TENDER PROCESS
This process is applicable for Properties marked “FOR SALE”, excluding those indicated as “FOR AUCTION”. For the Properties marked as “FOR AUCTION” a detailed description of the auction process is available in the designated webpage of these Properties.
The entry date of a Property on the Website initiates the tender process during which tenders may be submitted for the purchase of that Property by interested parties for a tender process period determined by us at our absolute discretion. Properties for which an offer has been accepted will be labeled as “OFFER ACCEPTED” and when a Property is sold it will be removed from the Website.
The submission of a tender for the purchase of a Property on the Website must be made through the submission of the tender form (“Tender Form”) which must be fully completed and submitted in accordance with its terms. The Tender Form can be found on the Website on the page of the Property for which the interested party wishes to submit a tender.
Tender Forms submitted which are not duly completed and submitted in accordance with the terms set out therein may not be accepted.
We reserve the right (acting for and on behalf of the Owner) not to accept a Tender Form which is delivered otherwise than as described above, and such an offer may be considered as having not been made.
We and/or the Owner shall not be held liable towards any tenderer and/or any third party in the event that, for any reason whatsoever, the Tender Form is not received or is received with a delay or is rejected (for any reason).
6.B. POST-TENDER PROCESS
We are entitled to consider and review a Tender Form submitted to us at any time, irrespective of whether or not the tender process for a particular Property has ended and irrespective of the amount offered. Further it is at our discretion, acting for and on behalf of the Owner, whether to reply to any tender offers or not. We are at no point liable or obliged to respond to any offer submitted at any time or to provide any reason for not reviewing or accepting or rejecting any offers.
Successful tenderers will be notified in writing.
7. TERMS OF SALE OF A PROPERTY
The transfer and the sale of a Property to the successful tenderer is subject to contract between the successful tenderer and the Owner. In particular, unless otherwise precluded by applicable laws and/or regulations and/or matters beyond the control of the Owner, the Owner will proceed with the sale of the Property to the successful tenderer only upon and under the terms of written contract(s) between the successful tenderer and the Owner.
Further details as to the terms of sale and the contracts to be signed between the Owner and the successful tenderer are described in the Tender Form made available in the webpage where the details of each Property are set out.
You need to ensure that you review, complete and submit the Tender Form made available in the webpage of the Website where the details of the Property you are interested in are set out (and not any other Tender Form), due to the fact that different Tender Forms need be submitted and different terms may apply to the sale of a Property depending on, amongst others, the characteristics of each Property).
8. REAL ESTATE AGENTS
8.1 Submission of a Tender Form where a Real Estate Agent is involved
In order for a Tender Form submitted by a (a) registered and licensed real estate agent (“Real Estate Agent”) for and on behalf of a tenderer, or (b) tenderer who has authorised a Real Estate Agent to represent him in relation to the purchase of the Property, to be reviewed, considered and/or accepted by the Owner (acting via and/or duly represented by Gordian Servicing), the Tender Form must be duly completed in accordance with its terms. This means that, without limitation, the sections of the Tender Form headed “Details and Authorisation of Real Estate Agent”, ”Tenderer’s Acceptance” and “Declaration by Real Estate Agent” must be duly completed and submitted, as per the instructions of the Tender Form.
Further, the Real Estate Agent concerned must, upon our request, provide us with information relevant to the Real Estate Agent to enable the Owner (acting via and/or duly represented by Gordian Servicing) to complete the necessary background checks in accordance with our/the Owner’s internal acceptance policy requirements.
Whether a Real Estate Agent recorded in a Tender Form as representing a tenderer for the purchase of a Property is entitled to commission, will be determined in accordance with the terms and conditions of the Tender Form and such commission will be payable by the Owner. For the avoidance of doubt, Gordian Servicing does not accept any liability and/or obligation whatsoever for the payment of any commission, remuneration, compensation, fees and/or costs to a Real Estate Agent; and such responsibility and liability, if it occurs, rests solely with the Owner. Further, if a Real Estate Agent is entitled to commission in accordance with the Tender Form, such commission will be paid by the Owner only upon completion of the sale of the Property concerned and the full settlement (and receipt by the Owner in cleared funds) of the purchase price of the Property.
The Owner does not accept or undertake any liability or obligation to pay commission, fees and/or costs to a Real Estate Agent, in connection with the sale of a Property otherwise than as expressly set out in this section 8 and/or unless this is required by applicable laws, regulations, or a court of competent jurisdiction.
For the avoidance of doubt, if for the sale of the same Property the tenderer has at any stage been represented by two or more Real Estate Agents who:
a) disagree as to their rights (including their entitlement to any commission): the Owner shall, notwithstanding the provisions of section 8.2 below, not be obliged to pay any commission and/or fees to any of the Real Estate Agents concerned, unless it is ordered to do so by a court of competent jurisdiction, and any commission and/or fees to a Real Estate Agents concerned shall be payable by the tenderer alone. Nevertheless, to enable the Owner to determine whether commission should be paid to any of the Real Estate Agents concerned, such Real Estate Agents must as soon as possible following a request, share with us (acting on behalf of the Owner) all information which may reasonably be required to evidence such intermediation.
b) have agreed to share the commission and have all confirmed this in writing to us (acting on behalf of the Owner) or the Owner,:- the Owner will distribute the commission between such Real Estate Agents (in accordance with the terms of this section 8) in accordance with the commission amount corresponding to the Real Estate Agent’s agreed entitlement.
We may transfer or assign any of our rights and/or obligations, or sub-contract any of our obligations under these terms and conditions, without requiring your prior consent.
All notices shall be given to Gordian Servicing in writing, by post to our address provided in clause 1 of these Terms or by email at firstname.lastname@example.org.
All notices sent by post will be deemed to have been received 3 (three) working days after the date of posting.
All notices sent by email will be deemed to have been received on the day that they are sent, or, if sent on a national or banking holiday in Cyprus or on a Saturday or Sunday, the next working day following the day on which the email was sent.
11. APPLICABLE LAW AND JURISDICTION
These Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by Cyprus law and will be subject to the exclusive jurisdiction of the Cyprus courts.