terms and conditions
User Agreement
Welcome to the User Agreement for SpanishEstate.com. The following text describes the terms on which SpanishEstate.com offers you access to our services.
This agreement describes the terms and conditions applicable to your use of our services available under the URL www.SpanishEstate.com, www.spanjekoophuis.nl and www.hispacasas.com. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this user agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may inscribe your property or a property you represent or make a reservation at SpanishEstate.com.
We may amend this agreement at any time by posting the amended terms on SpanishEstate.com. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you.
1. Membership eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended SpanishEstate.com users. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your SpanishEstate.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
2. Fees and services
2.1 If you want to inscribe a property at SpanishEstate.com you will have to pay a fee. When you create an account, you have an opportunity to review and accept the fees that you will be charged for the use of our services.
Unless otherwise stated, all fees are quoted in Euro. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
2.2 When you inscribe for a "Real Estate Agent Account" you will get additional services. The services are listed below:
2.21 Your properties will automatically be promoted on the homepage. All promotions will be displayed on our English, Spanish, German, French, and Dutch homepages in random order. If there are more than 4 promotions available for the homepages, they will rotate, and randomly displayed each time someone visits or reloads the page.
3. SpanishEstate.com is a venue
3.1 SpanishEstate.com is not an agent of the listed properties. Instead, our site acts as a venue to allow anyone to offer a property at any time, from anywhere. We are not involved in the actual transaction between the seller and the buyer of a property. As a result, we have no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of house-holder to rent-out properties or the ability of the seller to sell properties. We cannot ensure that a seller or house-holder will actually complete a transaction.
3.2 Identity verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, SpanishEstate.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release SpanishEstate.com (and our 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 disputes.
3.4 Information control. We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may also be risks dealing with international traders and foreign nationals.
4. Listing and renting
4.1 Listing description. You must be legally able to sell the property you list for sale on our site. You must describe your property and all terms of the rent transaction on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
5. Fraud.
Without limiting any other remedies, SpanishEstate.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
6. Your information
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, reservation or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted activities. Your Information (or any properties listed) and your activities on the site shall not:
- be 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 (including, but not limited to, consumer protection, unfair competition, antidiscrimination or false advertising);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain child pornography;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- link directly or indirectly to or include descriptions of property or services that:
- are prohibited under this Agreement;
- are concurrently listed for rent-out on a Web site other than SpanishEstate.com (this does not prevent linking to or advertising an SpanishEstate.com property from another Web site);
- you do not have a right to link to or include.
6.3 License. Solely to enable SpanishEstate.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
7. Access and interference
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and is proprietary or is licensed to SpanishEstate.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Web site without the prior expressed written permission of SpanishEstate.com or the appropriate third party.
8. Breach
Without limiting other remedies, we may immediately remove your property listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
- you breach this Agreement or the documents it incorporates by reference;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause financial loss or legal liability for you, our users or us.
9. Privacy
We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the European Community that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
10. No warranty
We, our subsidiaries, employees and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
11. Liability limit
In no event shall we, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
12. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, rent, and rent-out of properties.
14. No agency
You and SpanishEstate.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to: SpanishEstate.com Attn: Legal Department, Hillegomstraat 22, 1058 LS Amsterdam (in the case of SpanishEstate.com) or to the email address you provide to SpanishEstate.com during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SpanishEstate.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by SpanishEstate.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the SpanishEstate.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Netherlands. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Amsterdam, the Netherlands.