TERMS OF USE

Website Terms of Use

 This website is operated by, or on behalf of Nasmeca Business SL which operates various websites, including www.vippvi.com,  (the Website or site). By using our Website, you agree to comply with and be bound by the following terms and conditions (the “Terms of Use") together with our privacy politic and any other documents referred to therein. If you do not agree to these Terms of Use, you must not use our site.

We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on our Websites. Your continued use of our Websites after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

 Registering on our Websites

You must be 18 years old or over to create an accoun on our Website and to contact our partners through our Website and warrant that the details you provide on registration are true, accurate, complete and current. You must promptly update us with any changes to your account details. You must create a password when you register, and you are responsible for maintaining the confidentiality of that password. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purpose of transacting for any services via this Website, and you will be responsible for any and all activity conducted using your password. You shall take reasonable steps to prevent unauthorized access to your account via any computer or other device that you use to access your account. If you believe someone has, without authorization, accessed an account that you created on this Website, please contact us immediately through info@vippvi.com

 When you create an account, you may be given the opportunity to opt-in to receive marketing emails from us, our group companies or third parties. You can manage your email subscription preferences via our Websites or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.

 Your responsibilities

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 or specialist advice before taking, or refraining from, any action based on the content on our site. In particular, please note that we are not a real estate agency. Our Website provide a service where real estate agents or realtors or owners may market, and you may view property details (“Details"). The estate agents or owners that post the Details are solely responsible for their accuracy and for fielding enquiries relating to those properties. We do not participate in any communications between you and estate agents/realtors/owners nor in any part of a subsequent property transaction. We host the Details in good faith, but we have not verified them, and we make no representations, warranties or guarantees, whether express or implied about the Details. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on our Websites or recommending or endorsing any properties, products or content on our Websites.

Materials you provide

By submitting content on our Websites or otherwise providing content to us (“Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable license to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on our Websites in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via, or in connection with, the Websites will be governed by our privacy politic.

vippvi.com’s responsibility

Our responsibility is none other than that legally established by Spanish Law 34/2002 of 11th July on Information Society and Electronic Commerce Services (hereinafter, “LSSI” for its abbreviation in Spanish) that states, generally, we cannot be responsible for the information published at the request of Users.

Although we do our best to ensure that all published content is correct, we have no obligation to exercise prior controls over the veracity, accuracy, lawfulness, completeness, appropriateness or suitability of the information or material published on the Website and Apps as this is information stored at the request of Users. However, if for any reason we become aware of any unlawful actions or actions contrary to these General Conditions or the Specific Conditions, we will act with due diligence to remove the relevant information or make it impossible to access in accordance with current regulations.

vippvi.com assumes no kind of liability for damages that may arise in connection with the relationship between users arising from their contact or negotiations.

We are not liable for any charges, encumbrance, claims, conflicts, mortgages, rates, repossessions, census or any other charges that could affect the properties listed on our Website and Apps, and you agree to hold vippvi.com harmless with respect to any liability or damages thereby arising.

We are not responsible for the veracity, integrity, accuracy, lawfulness, appropriateness or suitability of the information, materials and/or content available on the websites of third parties which you may access through links on our Website and Apps.

Disclaimer and liability

The Website (including all content on it) is provided by us on an “as is" and “as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Websites and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Websites will operate continuously, without interruptions or be fault-free. We may need to make the Websites unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Operation and availability of Vippvi.com and its web servicesThe availability, operability, access and continuity of the operation of the Vippvi.com Platform and its Services due to force majeure, a fortuitous case or any event that is not attributable to Vippvi.com

Vippvi.com shall not be liable for damages caused to the User as a result of the unavailability, failures, problems of access or continuity of operation of the Platform and its services due to a fortuitous case, force majeure or for any fact that is not attributable to Vippvi.com

In any case, Vippvi.com reserves the right to modify or delete at any time and without prior notice, any content or service included within the Platform, including limiting, modifying, canceling or deleting the conditions applicable to the website or even the website itself.]

 Any value estimates provided on our Websites are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on our Websites is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

Property descriptions and other information provided on our website are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. The property advert pages on our website do not constitute property particulars and these should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user 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:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

If you are a business user, please note that, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked to on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Material published by the User

The material and information you publish on our Website and Apps when using the Services must likewise respect any image or industrial and intellectual property rights that might exist for them.

 Through the simple act of uploading, publishing or in any other way sharing information, non-personal data, photographs or any other material with us, you grant us a license with worldwide effect and the power to sublicense to affiliated companies and third parties for the maximum period of time allowed under law.

Specifically, you authorise us to:

 Add vippvi.com ’s watermarks in order to prevent such photographs from being published by unauthorised third parties.

Free services for users

If you are a Private Advertiser, you recognize that the use of the free service for publication of listings is limited to the publication of a maximum of three properties (for sale, rent or exchange), so that you can test our service.

 You can keep these properties published during the ONE-YEAR period from the approval of the ad on vippvi.com.

Free ads :

Ads for sale: properties with an amount of less than 10 million euros (€).

Ads for rent: properties with an amount less than 10,000 euros (€) per month.

If the amounts are higher than those mentioned, the ads will be paid.

Rules for publishing listings

By using the Services for publishing listings, you agree to:

Not republish images or publish images with any kinds of frame, watermarks, logos or text.Not publish images that are not relevant to the listing (including, for example, empty images, monuments, tourist or commercial areas around the property, animals or people).Not publish properties of a different typology than the one contracted (new construction / second hand).Not publish properties under a different type of operation to the one contracted (sale / rent / swap).Not add more contact numbers than those allowed for the type of package contracted.Not add additional telephone numbers or contact emails outside the space intended for that purpose in the listing.

You accept that vippvi.com reserves the right to remove listings that do not comply with these rules of publication or the General Conditions and/or the Specific Conditions, where applicable.

Indemnification

 You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your password or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Viruses

We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform in order to access the Websites. You should use your own virus protection software. You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.

 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Intellectual Property

We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilized by us to enable you to use this Website (“Software") and the underlying source code. Much of this information and content is protected by copyright, trademark, database rights, design rights (including in the “look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable license to use the Software solely in executable form and only to the extent necessary for use of the Website, and for no other purpose.

 You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.

 You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to this Website.

Third Parties

This Website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind. Furthermore, this Website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Restrictions on Use.

You agree not to:

transmit any material designed to interrupt, damage, destroy or limit the functionality of our Websites;

use any automated software to view our Websites without consent and to only access our Websites manually;

use our Websites other than for your own personal use or as an agent listing property for sale and to rent;

attempt to copy our data our reverse engineer our processes;

use our Websites in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);

 use our Websites in breach of any policy or other notice on our Websites;

 remove or alter any copyright notices that appear on our Websites;

 publish any material that may encourage a breach of any relevant laws or regulations;

 interfere with any other user’s enjoyment of our Websites;

 transmit materials protected by copyright without the permission of the owner; or

 conduct yourself in an offensive or abusive manner whilst using our Websites.

We shall be entitled to suspend the Services and/or terminate these Terms of Use without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

Governing Law

 These Terms of Use are governed by Spanish law and the contract between you and us is made in Spain. Any disputes will be settled in Spanish courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

General

The headings in these Terms of Use are solely used for convenience only. You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you. Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control. Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

 Applicable Law and Jurisdiction

These General Conditions are subject to the laws of Spain. Any dispute arising will be submitted to and resolved, to the maximum extent permitted under applicable law, by the Courts of Madrid.

Thank you

 If you have any questions or comments about our Terms of Use, please Contact us: info@vippvi.com

 These Terms of Use were last updated 06/03/2020