Terms of Use

1. General

1.1. Welcome to the Proper Homes website (the Platform), operated and managed by Proper Homes España SL, private company No. B56477490 (the Company) with registered office at Arago, 104 1 2 - 08015, Barcelona, Spain

1.2. The following Terms of Use apply to any user who makes any type or kind of use of the Platform (the User) and constitutes a binding agreement between the Company and the User. Therefore, you must read Please review these Terms of Use carefully before you begin using the Platform and stay aware of periodic changes to the Terms of Use.

1.3. The Company reserves the right to change or supplement these Terms of Use or delete terms from them from time to time, at its sole discretion. The binding and controlling version of the Terms of Use is the current version at the relevant time in which the User uses the Platform.

1.4. We also invite you to carefully read the Privacy Policy implemented by the Company, which constitutes an integral part of the provisions of these Terms of Use.

1.5. If you do not agree with any of these Terms of Use, you are requested to refrain from using the Platform. In any case, your use of the Platform will constitute your consent to the provisions of these Terms of Use. use, updated periodically.

1.6. This document applies to both women and men and is written in the masculine gender only for ease of reading.

2. The service offered on the Platform

2.1. The Company has developed and operates the Platform to serve as a marketplace where owners or real estate agents of private homes and residential apartments in Spain can connect with potential buyers or tenants of those properties. To avoid doubts, it is clarified that the Platform does not sell or rent the properties offered through the Platform. Each sale, lease or other action resulting from or subsequent to the use of the Platform is carried out directly between the owners and/or at their name and the buyers or tenants of the property, and the Company is not a party to such transaction. Parties to the transaction are advised to seek the assistance of lawyers and other relevant experts during the transaction.

2.2. Fees will be charged for using and transacting through the Platform, as displayed on the Platform for each chargeable transaction, in accordance with the price list of the Platform as determined by the Company from time to time. when and the real estate agents who use the Platform (in relation to the properties they broker), as the case may be. To ensure that the Company receives from them the payments to which it is entitled, users of the Platform must notify the Company that they, or any person or entity for whom they act within the framework of the Platform, were a party to a sale or lease of property displayed on the Platform, shortly after the implementation of that transaction and in any case within a maximum of [5] calendar days after its implementation. The Company's payments for each transaction will be transferred on the corresponding date [of transaction notification / acceptance of services] by the payment settlement service provider of the Platform debiting the payment method provided by the User. In addition to the above, real estate agents who wish to use the Platform will be subject to the provisions of the Real Estate Agent Consideration Appendix that was delivered to them by the Company and which constitutes an integral part of these Terms of Use. It is clarified that the Company is reserves the right to change, supplement or delete terms of the Realtor Consideration Addendum from time to time, in its sole discretion, in a written notice sent to the current email address that the Company maintains for the real estate agent, with 30 days in advance. In any case, the real estate agent's continued use of the Platform after the change comes into effect will constitute his or her consent to the change in the Real Estate Agent Consideration Addendum.

2.3. The Company allows owners and their agents (including real estate agents) to display their properties on the Platform. Owners and agents (including real estate agents) declare that the information displayed regarding the properties is accurate, complete and truthful, including the quality of the properties, their characteristics, their condition (includingfrom a physical, urban planning and regulatory point of view), its location, size, how many rooms it has, the identity of its owners and occupants (including the rights of the occupants), the market value of the properties and the convenience of purchasing or rent them, being solely responsible for it. Thus, the Company will not assume, directly or indirectly, any responsibility for the properties and declared information contained on the Platform; owners and agents (including real estate agents) who release the Company from any liability in this regard. For the avoidance of doubt, it is clarified that the above will also apply to properties that the Company photographs and/or visits through an agent. The Company will also have no responsibility for the identities of sellers and buyers or tenants who purchase, rent or express interest in a property through the Platform, nor for the conduct and actions of all such parties during their pre-contractual negotiations. related to the property (including with respect to their ability to complete the transaction and pay the corresponding consideration) or during the period in which they have possession of the property.

2.4. Furthermore, the Company assumes no responsibility for the information displayed on the Platform about Users or properties and will not be responsible for any damage, loss, injury, payment or expense, of any kind, resulting of the use or reliance on said information. Consequently, the User is aware that he is solely responsible for his use of the Platform and for making the decision to submit an offer to buy or rent a particular property through the Platform.

3. Registration on the Platform and viewing properties on the Platform

3.1. To use and transact through the Platform, the User must register and open a personal account on the Platform, completing all the details necessary to open the account, which the Company will update periodically.

3.2. Without prejudice to the generality of the foregoing, the opening of a user account and the use of the Platform will be subject to all of the following conditions:

3.2.1. The User is a person of legal age (over 18 years of age) competent to exercise binding legal actions or a public limited company legally registered in Spain, against which there is no pending process for liquidation, receivership , appointment of a trustee or any other similar procedure.

3.2.2. If the User is a real estate agent, he has a valid real estate agent license registered in Spain.

3.2.3. The User opens an account on the Platform solely for himself and not for any other party, without prejudice to the right of a licensed real estate agent as indicated in paragraph 3.2.2 above to use the Platform for the properties of others who have authorized you to broker those properties. If the User is a corporation, the person opening the account in the User's name represents that they are legally authorized to do so.

3.2.4. The User has not carried out any of the activities listed in section 5 below.

3.3. As part of the process of opening a user account on the Platform, the User must choose a username and password that must be entered in order to access the Platform. Alternatively, the User may connect to the Platform through your user account on social networks (such as Google and Facebook), if permitted by the Company. The User will be solely responsible for any transaction made in their account on the Platform after having entered their username and password. , and neither the Company nor any of the other users will be responsible for any misuse, of any kind, made to the User's account on the Platform by any party. The User must notify the Company, immediately after becoming aware of of any unauthorized use of your Platform account and after receiving notice as mentioned above, the Company will act to prevent continued use of that account.

3.4. A user who wishes to display a property for sale or rent on the Platform shall register the property on the Platform by filling in all relevant details of the property as requested by the Company from time to time (including address and a description of the property, the minimum asking sales or rental price for the property, values if the property is sold, the rental period if the property is rented, and the cost of submitting an offer for the property to through the Plataforma (or a statement that shipping is free)) and you can also add a verbal description that is relevant to the property or your preferences in relation to the potential buyer or tenant of the property. The User is obliged to update their personal data and the data of the goods displayed on the Platform in accordance with any changes that occur therein. It is clarified that the User will be solely responsible for the accuracy, veracity and integrity of the information provided.

3.5. No property may be displayed for sale or lease within the framework of the Platform without obtaining the final authorization of the Company, which it may grant or withhold in its sole discretion. As a condition of allowing the property to be displayed on the Platform, the Company may require the User to modify the details of the property as completed when registering the property on the Platform and/or visiting the property, in coordination with the User, in order to photograph the property and obtain the declaration by the User regarding the details that are relevant in relation to the property.

3.6. The Company reserves the right not to open an account for a particular person or to prevent the continued use of the Platform by the User, for a limited time or indefinitely, to remove a property from the Platform or to cancel the User's registration on the Platform and close their account, for any reason (including in response to any of the prohibited actions listed in paragraph 5 below), as it deems appropriate and without prior notice, and The User hereby waives any complaint and/or demand and/or claim against the Company in this regard.

3.7. Without prejudice to the generality of the provisions of paragraph 3.6 above, the use of the Platform to display properties for sale or lease shall be limited to a certain number of properties prescribed by the Company in accordance with the route chosen by each user. In addition, the User is aware that displaying properties for sale or lease through the Platform may be conditional on the payment of a commission in accordance with the Company's price list, which the Company will determine periodically and publish on the Platform for each charge transaction. Payment will be made by the Platform's payment settlement service provider debiting the payment method provided by the User, and in case of refusal to charge the User by debiting their payment method, no will be able to continue executing the transaction through the platform.

4. Submission of offers within the framework of the Platform and completion of the transaction

4.1. A user who wishes to submit an offer for the purchase or rental of a property displayed on the Platform must register on the Platform, open a personal account (if not already registered) and complete all the details that are relevant to the purchase or rental of the property, as requested by the Company from time to time (including the purchase price or rental offered for the property and where the property is rented, the proposed rental period) To the extent possible, the User may add comments to the offer. It is clarified that the User will be exclusively responsible for the details of the offer submitted by him and that the submission of an offer by the User through the Platform is subject to the completion of negotiations between the User who submitted said offer and the owner of the property.

4.2. The offer submitted by the User will be sent to the owner of the property and/or to any person who has shown the property on the Platform on behalf of the owner, who may, at its sole discretion, accept or reject the offer. If the offer is accepted, a notice will be sent to the User who submitted the offer informing him of the acceptance of his offer and he will be given the opportunity to receive the contact information of the owner and/or his agent so that he can communicate . with them directly for the purpose of entering into a transaction in relation to the property. It is clarified that the acceptance of an offer by the owner and/or his agent is subject to the completion of negotiations between them.

4.3. The User is aware that the submission of an offer to buy or rent a property shown on the Platform and/or obtaining the contact details of the property owner may be conditional on the payment of a fee in accordance with the Company's price list, as determined by the Company from time to time and published on the Platform for each chargeable transaction. Payment will be made by the service providerof payment settlement of the Platform by debiting the payment method provided by the User, and in case of refusal to charge the User by debiting their payment method, they will not be able to continue executing the transaction through the platform.

4.4. Once the transaction has been completed on the property that was displayed on the Platform, the Company will be notified of this by both the owner and/or his agent who presented the property, and by the User who submitted an offer for the property in the terms established in these Terms of Use. If the transaction is not completed, the User who submitted the offer for the property must notify the Company to be refunded the commission paid to the Company for receive the contact details of the property owner.

4.5. Fees related to the Company will be automatically due upon completion of the transaction, regardless of the notification obligation of the owner and/or his agent. The Company reserves the right to claim any damages caused in the event that the notification of any transaction is not made in a timely manner under the terms established in these Terms of Use.

5. Activity prohibited on the Platform

The User accepts and undertakes not to carry out any of the following activities:

5.1. Use of the Platform for any illegal, prohibited or illegal purpose or in a manner that contravenes the provisions of these Terms of Use (including to broker a real estate transaction by the User without having a real estate agent license valid).

5.2. Copy, duplicate, edit, alter, delete, process, translate, publish, distribute, transmit, create a derivative work or use or store content displayed on the Platform (including details, photographs or videos of the properties displayed in the users of the Platform or any database).

5.3. Display content from the Platform in a visible or hidden format or display content from the Platform in any way, including through any software, device, accessory or communication protocol, that changes its original design or omits something of the same.

5.4. Operate with any computer application or software or any other means, in order to automatically search, scan, copy, duplicate or retrieve all or part of the content displayed on the Platform.

5.5. Copy components of the software that operates the Platform to other applications, hack the software, decipher codes or the internal structure of the data, or reverse engineer, compile, disassemble or produce derivatives of the software and technologies in those on which the Platform is based.

5.6. Copy, duplicate, alter, delete, process, translate, publish, distribute, transmit, create a derivative work, use or infringe in any way copyrights and/or trademarks and/or trade secrets and /or patents and/or any other proprietary rights of the Company or any other party (including by transmitting or uploading content for display on the Platform that belongs to a party other than the User without obtaining their express permission ).

5.7. Transmit or upload personal information or content to the Platform that includes a link to any website or web address, whether in text form or within an image.

5.8. Obtain or create unauthorized access to the Platform, to the content displayed on it or to the accounts of users of the Platform or to computer systems, databases or networks that are connected to the Platform in any way .

5.9. Impersonate a person and/or any other party, including filling in incorrect, inaccurate and/or incomplete details when registering or using the Platform.

5.10. Improper use of the Platform or unreasonable use that interferes with or damages the activity of the Platform or the Company (including use that competes or may compete with the predominant businesses of the Company or the creation or expansion of a list of real estate assets for the purpose of displaying or marketing them other than through the Platform).

5.11. Disseminate information, content or opinions that affect the dignity of the person, that are threatening, defamatory, abusive, slanderous or discriminatory due to sex, race, religion, beliefs, age or condition, among others. , of a racist, xenophobic nature, of a pornographic nature, of apology for terrorism or that violate human rights, youth or childhood, public order or public safety.

5.12. Carry out any other activity that contravenes the law and/or may harm the Company.

6.Limitation of the company's liability

6.1.The Platform, the content displayed on it, the services and products offered through it and the software that operates it, can be used as is and without any obligation or warranty of any kind by part of the Company. The Company does not make any representation of any kind regarding the Platform, the services and products offered through it or the content displayed on it. The User is aware that the photographs and videos of the properties shown on the Platform are for illustrative purposes only. In addition, the drafting of the sales contract, the lease agreement and other documents related to the property transaction between the Users, which will be available for download on the Platform from time to time at the discretion of the Company, constitute only a recommendation and do not replace any professional advice or discretion of the User who wishes to use such documents and is hereby advised to consult with lawyers and other relevant experts during the transaction. It is clarified that the Platform is dynamic and constantly evolving, and that the Company may at any time alter, eliminate, develop, update and improve, as it deems appropriate, the content presented, the services and products offered through, and the software that operates the Platform. It is further clarified that no opinion and/or recommendation by the Company in relation to one property or another should be inferred from the manner or order in which the properties appear on the Platform, and the Company assumes no responsibility for the manner in which properties are presented or the order in which they appear as indicated above. Furthermore, the presentation of links on the Platform to websites and/or services offered by third parties should not be interpreted as an offer to the User or as an expression of support, approval or sponsorship by the Company of the websites or services of such third parties as mentioned above, and the Company will not assume any responsibility in this regard, even if the links displayed on the Platform are defective or lead to sites containing unreliable, illegal, immoral or offensive information or uses, in accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.

6.2.In addition, and without prejudice to the generality of the foregoing, the Company makes no representation with respect to any damage, loss, loss, payment or expense, of any kind, which is directly or indirectly sustained or incurred by the User or any other party, as a result of (a) failures, defects, malfunctions, errors or failures in the software that operates the Platform, including its connectivity to other systems and the security of the Platform, or (b) a detail presented on the Platform that is incorrect, inaccurate, incomplete or obsolete, or (c) the use of the Platform in any way by Users.

6.3. The User is aware that, although the Company makes efforts to ensure that the use of the Platform is a qualitative and safe experience, the Platform is not invulnerable to failures or errors and the Company does not guarantee that the Platform will operate continuously, reliably, in a perfect and impeccable manner, without interruptions, disturbances, breakdowns or disconnections. The Company will not be responsible or liable directly or indirectly for any case in which the proper use of the Platform has been prevented and will not be responsible for any damage, loss, harm, payment or expense, of any kind, that is sustained and incurred by the User or any party as a consequence thereof.

6.4. The limitations of the Company's liability as set out in these Terms of Use (including paragraph 6 above) shall apply to the fullest extent permitted by law.

7. Termination of use of the Platform

7.1.The User may interrupt the use of the Platform and close their user account at any time, without prior notice to the Company.

7.2. Without prejudice to the other provisions of these Terms of Use (including the provisions of paragraph 3.6 above), the Company may terminate all or part of it, temporarily or permanently, the operation of the Platform at any time, without have to give prior notice to Users.

7.3. It is clarified that the interruption, for any reason, of the use of the Platform by the User will not repeal the validity of those provisions of these TermsTerms of Use which by their very nature and essence will also apply even after the agreement between the Company and the User on which these Terms of Use are based has been terminated, including the obligation of the User to pay commissions and/or various charges to the Company for the use of the Platform and the transactions carried out through it.

8.Intellectual property rights

8.1.All intellectual property rights in or in connection with the Platform, including the design, source code and binary code, software, technologies, trade and/or business secrets, patents, copyrights, designs, trademarks, processes, improvements, inventions, techniques, methodologies, developments, versions, know-how, formulas, ideas, reputation and any rights equivalent or derived from any of the above - belong and will belong exclusively to the Company and (except for normal use and reasonable of the Platform that is expressly permitted in these Terms of Use) without first obtaining the express written permission of the Company, the User is prohibited from using them. It is clarified that the address and mapping database that services the Platform is is based on third party databases whose intellectual property rights belong to their owners. Without prejudice to the generality of the foregoing, it is clarified that the photographs and videos of the properties displayed on the Platform and that were taken by the Company or its agent, are the exclusive property of the Company, and that the property owners and their representatives hereby waive any rights they may have in relation to such photographs and videos and (other than displaying them on the Platform) are prohibited from making any use of them.

8.2. It is clarified that the granting of access or permission to use the Platform should not be considered as a grant of any license and/or any right over the intellectual property of the Company or of third parties (other than the right to perform normal and reasonable actions). use of the Platform that is expressly permitted under these Terms of Use).

9.Indemnification

9.1.The User agrees to indemnify, hold harmless and compensate the Company and its agents immediately upon receipt of its first demand to do so, with respect to any damages (including direct, indirect, consequential, incidental and/or special), loss (including loss of income, information or data), payment or expense, which will directly or indirectly be sustained or incurred as a consequence of any demand, complaint or claim made or presented in relation to or against the Company for any party (including any User), in relation to any act or omission by the User or any person acting on their behalf that constitutes a breach of any of these Terms of Use.

9.2.The User undertakes to pay the Company the amount of compensation to which he is entitled under the provisions of this section 9 immediately upon receipt of the Company's first demand to do so.

10.Law and jurisdiction

10.1. These Conditions of Use are governed by Spanish law, without prejudice to any other law that may be applicable to the consumer and in accordance with the General Law for the Defense of Consumers and Users.

10.2.For any controversy that may arise from the application of the services or the interpretation or application of these Conditions of Use, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona, unless it is a natural person who is a consumer, in which case the parties will submit to the jurisdiction of the Courts and Tribunals of the consumer's domicile in accordance with the General Law for the Defense of Consumers and Users.

10.3.The User accepts that his address for the purposes of addressing his allegations will be the last address that he updated on the Platform.

11.Miscellaneous

11.1.These Terms of Use have been divided into headed paragraphs for reference and convenience purposes only and should not be used to interpret these Terms of Use. In these Terms of Use, the terms including or inclusive mean including, among others and the singular form of a word will be considered to include its plural form and vice versa, all as the case may be and unless expressly indicated otherwise.

11.2.The Company may assign, endorse or transfer all or some of its rights or obligations under these Terms of Use or on the Platform, to any third party that is related to andlla in any way (under the terms of article 42 of the Spanish Code). of Commerce and/or 231 of the Capital Companies Law), without the need to obtain prior consent to do so from the Users of the Platform. The User may not assign, transfer or endorse all or some of his rights and obligations under these terms of use or his user account on the Platform.

11.3. Whenever the Company is granted any power, right or authorization in these Terms of Use, the Company may elect, in its sole discretion, whether to use that right, power or authorization. Non-use of Any right, power or authorization on the part of the Company shall not constitute a waiver of that right, power or authorization.

11.4.No verbal or written warranty, offer or commitment given by the Company to the User or any person acting on its behalf shall be valid unless expressly incorporated into these Terms of Use. Without prejudice to the foregoing, The provisions of these Terms of Use shall apply in addition to any other terms and/or conditions presented on the Platform or agreed upon in writing between the Company and the User in relation to specific services offered by the Company, and it is hereby agreed that such services will be subject to those terms and/or conditions.

11.5.These Terms of Use and User's registration on the Platform do not and shall not be construed to create any legal or business partnership, principal-agent or employer-employee relationship between the Company or any person acting on your behalf and the User.

11.6.These Terms of Use do not constitute a contract for the benefit of any third party and do not confer any rights on any third party.

11.7.Any right or remedy of the Company under these Terms of Use shall not derogate any other right or remedy granted to the Company by law.

11.8.If any of these Terms of Use is declared illegal or invalid by the competent court, that term will be replaced by a legal and valid term that preserves to the extent possible the purpose and meaning of the original term and Its cancellation and/or alteration will not prejudice, repeal or affect the legality or validity of the rest of these Terms of Use.

11.9.For any problems related to the Platform or these Terms of Use, please do not hesitate to send an email to the Company's Support Service at info@proper.homes.

11.10.A notice under these Terms of Use will be deemed given 48 hours after the time of its transmission by email.