Terms of use

Preamble: Definitions of terms used in the general conditions of service

We will designate by the following:

« Site » or « Service » : the site MAYAOCEAN .com and its local versions (MAYAOCEAN .fr, MAYAOCEAN .pt, MAYAOCEAN .es, MAYAOCEAN .it, MAYAOCEAN .gr, etc.) as well as all its contents.
« Editor » or « We » : MAYAOCEAN S.A.S, legal or physical person responsible for the editing and content of the Service.
« User » or « You » : the internet user visiting and using the Service.

These Terms and Conditions of Service (thereafter the « T &Cs» are proposed by the Editor of the Site. The Site User is invited to read these T & Cs carefully, to the print them and/or save them on a durable medium. The User acknowledges having read the T & Cs and accepts them in full and without reservation.

Article 1 – Application of the T & Cs

The purpose of these T & Cs is to define the conditions of access to the Site by Users. The Editor reserves the right to amend the T & Cs at any time by publishing a new version of these terms and conditions on the Site. The T & Cs applicable to the User are those in force on the day of their acceptance.

The Site is freely accessible to any User. By purchasing a service, creating a membership account, or more generally browsing this website, the user confirms that they have read and accepted the terms and conditions.

This acceptance could consist, for example, for the User, of ticking the box corresponding to the sentence of acceptance of these T &Cs, for example, the statement « I acknowledge having read and accepted all the terms and conditions of the Site». Ticking this box will be deemed to have the same value as a handwritten signature on behalf of the User.

The User recognizes the evidence of the automatic registration systems of the Editor of this Site and, unless he can provide proof to the contrary, he will not contest this proof in the event of litigation.

The acceptance of these T & Cs presupposes on the part of Users that they have the legal capacity necessary to do so. If the User is a minor or does not have this legal capacity, he declares that he has the authorization of a legal guardian or representative.

The Editor makes available to the User on its Site, a Privacy and use of personal data policy specifying all the information relating to the use of the User’s personal data collected by the Editor and to the rights which the User has vis-à-vis this personal data. The data confidentiality policy is a part of the T & Cs. Acceptance of these T & Cs therefore implies acceptance of the data privacy policy.

Article 2 – Legal notices, personal data and purpose of the Site

Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site’s personal data charter.
The object of this Site is determined as “International site of real estate listings connecting visitors and professional or private sellers”.

The Service is the property of Mayaocean- Calle 3ra Sur x Av. 40 Sur Local 01 entre 35 y 40 Avenida, Colonia Centro, Solidaridad, Quintan Roo. 77710.

Publication director & editorial manager: Dimitris Hoffmann, in his capacity as president of the company Maya Ocean Realty S.A. de C.V.

Hosting: Calle 3ra Sur x Av. 40 Sur Local 01 entre 35 y 40 Avenida, Colonia Centro, Solidaridad, Quintan Roo. 77710.

Article 3 – Member Space

The User registered on the Site (member) has the possibility of accessing it by logging in with their identifiers (e-mail address defined when registering and password) or possibly using systems such as third-party connection buttons on social media. The User has full responsibility for protecting the password they have chosen. They are encouraged to use difficult passwords. Should they forget a password, the User has the possibility to generate a new one. This password guarantees the confidentiality of the information contained within the section ‘My user space’ and the User undertakes to refrain from communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to a User’s account.

The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to supply exact information.

The purpose of data collection is to create a « member account ». If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the Site, and its Editor could not be held liable, this information having solely an informative character and no probative value. The pages relating to member accounts are free to be printed by the account holder in question but do not constitute proof, they are only for information intended to ensure efficient management of the service or contributions by the User.

Each User is free to close their account and data on the Site. So no recovery of their data will be possible.

The Editor reserves the exclusive right to delete the account of any User who has contravened these T & Cs (in particular, but without this example being of any exhaustive nature, when the User has knowingly provided incorrect information, when registering and setting up their personal space) or any account that has been inactive for at least a year. The said deletion will not form damages for the excluded User who will be unable to claim any compensation for this fact. This exclusion does not exclude the possibility of the Editor taking legal action against the User, when the facts have justified it.

Article 4 – Access and Availability of the Site

The Editor strives to make the Site permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event of the Site being impossible to access, due to technical problems or of any other nature, the User will not be able to claim damages and will not be able to claim any compensation.

The Site Editor is only bound by an obligation of means; he cannot be held responsible for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, breakdown of the service, or others.

The User expressly agrees to use the Site at their own risk and under their exclusive responsibility.

The Site provides the User with information for reference only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Maya Ocean Realty S.A. de C.V. cannot be held in any way responsible:

Any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, of data that may, among other things, result from the use of the Site, or to the contrary of the impossibility of its use
Of a malfunction, unavailability of access, improper use, improper configuration of the User’s computer, or even the use of a browser little used by the User.

Article 5 – Hypertext links

The Site can include hypertext links to other sites.

The User therefore recognizes that the Editor cannot be held responsible for any damage or loss, proven or alleged, consecutive to or in connection with the use or the fact of having read the content, advertising, or services available on these external sites or sources. Similarly, the Editor of this Site will not be held responsible if the visit, by the User, to one of these sites, caused them harm.

If, despite the efforts of the Editor, one of the hypertext links on the Site pointed to a site or an internet source whose content was or appeared to be non-compliant with the requirements of French law to a User, the User undetakes to immediately contact the Site director of publication, whose contact details appear in the legal notices of the Site, in order to communicate the address of the third party website pages in question.

Article 6 – Cookies

A « Cookie » can be used to identify the Site User, to personalize their visit to the Site and speed up the display of the Site by saving a data file on their computer. The Site may use « Cookies» mainly for

Obtain browsing statistics in order to improve the User’s experience, and
Allow access to a member account and content that is not accessible without a connection.

The User acknowledges being informed of this practice and authorizes the Site Editor to use it. The Editor undertakes never to communicate the content of these « Cookies » to third parties, other than in the event of legal requisition.

For more details on the policy relating to cookies and their use, you can consult the Privacy and use of Personal Data policy found on the Site. It allows you to better understand the provisions that we implement in terms of navigating our Service. In particular, it informs you of all the cookies present on our Service, and their purpose and gives you the steps to follow to configure them.

The User can refuse the use of “Cookies” or configure their browser to be notified before acceptance of « Cookies». To do this, the User will configure their browser:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
Internet Explorer: https://support.microsoft.com/en-en/help/17442/windows-internet-explorer-delete-manage-cookies#ie=ie-11
Mozilla Firefox: https://support.mozilla.org/en/kb/activer-desactiver-cookies
Opera: http://help.opera.com/Windows/10.20/en/cookies.html
Safari: http://help.opera.com/Windows/10.20/en/cookies.html

Article 7 – Intellectual property rights

All elements of this Site belong to the Publisher or a third party or are used by the Publisher on the Site with the authorization of their owner.

Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is comparable to counterfeiting.

Any User found guilty of counterfeiting will have his access to the site removed without notice or compensation and without this exclusion constituting compensation for damages, without reservation of possible legal action against him, by the Publisher of this Site or his agent.

This Site uses elements (images, photographs, content) whose credits fall to: MAYAOCEAN.

The brand and logos of this website are protected by the copyright of MAYAOCEAN. Anyone who displays, reproduces, transmits or distributes them will incur the penalties defined in the Federal Copyright Law and its Regulations.

Article 8 – Responsibility

The Editor is not responsible for Users’ publications, their content or their veracity. The Editor can in no way be held responsible for any damage that may occur on the User’s computer system and/or for the loss of data resulting from the use of the Site by the User.

The Editor undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. In principle, the Site is permanently accessible, except during technical maintenance operations and updates of content. The Editer cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.

The Site Editor cannot be held responsible due to technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the Site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.

The Editor cannot be held responsible for the non-functioning, being unable to access or malfunctions of the Site attributable to inappropriate equipment, improper configuration or use of the User’s computer, malfunctions in the services of the User’s access provider, or those of the Internet network.

Article 9 – Notifications and Complaints

Any notification or opinion concerning these T & Cs, legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.

Any complaint related to the use of the Site, Services, the pages of the Site on any social networks or to the T & Cs, legal notices or the personal data charter must be filed within 365 days of the date of origin of the problem causing the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim will forever be unenforceable in court.

It may be possible that there are, throughout the web Site and the Services offered, and in a limited measure, some inaccuracies or errors, or information that does not agree with the T & Cs, the legal notices or the personal data charter. In addition, it is possible that unauthorised modifications are made by a third party on the Site or on related Services (social networks…).

In such a situation, the User has the possibility of contacting the Site Editor by post or email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location (URL) , as well as sufficient information to allow him to make contact.

Article 10 – Independence of Clauses

If a provision of the T & Cs is judged illegal, void or for any reason unenforceable, then this provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.

The T & Cs replace all previous or contemporary written or oral agreements. They are not assignable, transferable, or sublicensable by the User themself.

A printed version of the T & Cs and all notices given in electronic form may be requested in legal or administrative proceedings relating to the T & Cs.

Article 11 – Applicable law

These general terms of use are governed by and subject to Mexican law.

Unless otherwise provided for reasons of public order, any dispute that may arise in connection with the execution of these general terms of use may be brought to the editor of the site with a view to an amicable solution before any legal action.

It is expressly recalled that requests for amicable solutions do not suspend the time limits for filing legal actions.

Unless otherwise provided for reasons of public interest, any legal action related to the execution of these general terms of use shall be subject to the jurisdiction of the courts of the jurisdiction of the defendant’s place of domicile.