For usage of the search service HomenetSpain (”Search Service”) should at any given time the current version of these Terms of Use (“Terms of Use”) be valid.
This version is valid from 10.8.2018. Access to and use of the Search Service and all the information on the Website (“Website”) is subordinated to these Terms of Use.
1. Definitions
“User” means the natural person who, through these Terms of Use, establishes an Agreement with the Company for access to the Search Service.
“User Information” means the information that the User uses to log in to the Search Service.
”Terms of Use” means any current version of these Terms of Use, which constitutes the contractual content of the Agreement established between the Company and the User.
”Agreement” means any current version of these Terms of Use and, where applicable, any other agreement entered into between the Company and the User regarding the Search Service.
“Search Service” means the features, services and Materials made available to the User of the Company through the Agreement.
“Company” means HOMENETSPAIN IBERIA, S.L. with Tax Identification Number B-93.093.268, Registered in Commercial Register of Málaga at Volume 4,822 Sheet 189, Page MA-107.254 and with Registered Address at Calle Alderete, 3, 29601 Marbella (Málaga).
“Website” means the the Company’s website, www.homenetspain.com
“Information” means information about the User that the User has registered in the Search Service and, as the Company has recalled, about the User. This includes, but is not limited to the User Information and contact information to the User.
“Privacy Policy” means the policy that is applicable at any given time, which describes and underlies the Company’s processing of personal data. The privacy policy is available at www.homenetspain.com/privacypolicy
“Material” means the Website including all content and any other material and information that the User may access through the Search Service.
2. About the search service
The company has developed a search service for usage on the web. The Search Service is available for use after these Terms of Use have been accepted by the User in connection with registration.
The general purpose of the search service is to provide the User with a housing object database and provide simple tools and filtering capabilities to facilitate the User finding relevant residential objects.
For use of the Search Service the user must be older than 18 years.
3. Use and change of the search service
The User may not copy or use the Search Service in any other way than the way it is described in these Terms of Use. In order to use the Search Service, the User need to have necessary equipment, software and internet capacity, which may require updates on regular basis.
The Company may, at any time and at its sole discretion, without notice therof (a) modify, upgrade and update the Search Service, the technical requirements, or turn off and/or stop providing the Search Service or part of the Search Service as well as modifying, updating and upgrading the web page and (b) disable or turn off, temporarily or permanently, User’s use of the Search Service.
The User may not circumvent, remove, modify or otherwise affect the technology and/or security system that the Company uses to protect the Search Service.
4. User information
The User agrees that the User Information is a value document and that the User is responsible for keeping the User Information safe. The Company is not liable for damage or loss that affects the User as a result of not properly handling of the User Information by the User.
5. Change of terms of use
The Company has the right to decide on changes to these Terms of Use. Such change shall have legally binding effect on the User from the date specified by the Company, which may never be earlier than thirty (30) days from the date which the Company sent notice to the User with Information about the change in accordance with paragraph 8 below.
6. Links
The Company is not responsible for external links on the Website to third party websites and the presence of such links on the Website does not imply that the Company warrants, promotes or otherwise recommends third party websites. Therefore is the Company not responsible for the content, terms of use or privacy policy of third party websites that the user accesses through the Website.
It is forbidden to create links to the Website unless the link has previously been approved by the Company. The permission that the Company may provide to third party websites to include links to the Website does not mean that the Company approves or markets such websites. Therefore, the Company is not responsible for the content or services of third party websites that contain links to the Website and is not responsible for any damage that the content or service may cause.
Approved links can only target the Website and may not consist of frames that allow the Website to be viewed on third party websites or display content on the Website as well as the information on other websites.
7. Cancelations
The User may cancel the Agreement and the use of the Search Service at any time. Notice of cancelation takes place in accordance with paragraph 8 below.
8. Messages
Messages from the User to the Company shall be sent by e-mail to info@homenetspain.com or by mail to the Company’s current address. Cancelation, information about agreement changes (see paragraph 5 and 7 above) or other messages from the Company to the User is primarily made by e-mail to the last e-mail address as the User informed the Company. Once the Company has sent notice by e-mail, the User is deemed to have received this immediately and, in cases where the Company has sent a letter, the User is deemed to have received this two (2) business days after the letter was sent. This also applies if the message has not been received by the User, for example if letters for some reason not have been delivered or when e-mail could not be received because the User’s inbox is full, the e-mail address is out of date, the firewall of the e-mail program sorting out messages, computer failure etc.
9. Immaterial rights and license
The Company, its group company and/or the supplier or licensor own and have all rights, including immaterial rights, to the material. The Company deeds the User a non-exclusive, limited, and non-transferable right to use the Materials for personal and private use through the Agreement. The material is protected by Spanish and international copyright laws, and other applicable legislation. The User may not dispose of the Material in violation of copyright law, other applicable law or in contrary to the Agreement.
If the Company provides the User with updates or upgrades of the Website or Material shall such updates and upgrades be covered by this Agreement.
10. Processing of personal data
The Company, may when preparing for the conclusion or upon completion of the Agreement, register information about the User, which constitutes personal data, in the Company’s database. The Company handles the registered data in the Company’s operations in accordance with what as provided in these Terms of Use and in the Privacy Policy. More information about the Company’s processing of personal data and the User’s right is contained in the Privacy Policy available at www.homenetspain.com/privacypolicy
11. The company’s responsibility
The Company is liable for damages caused by the Company as a result of a breach of the Agreement. However, the Company shall not be liable for indirect damages or other consequential damages to the User, unless the Company acted grossly negligently. Furthermore, the Company’s liability is limited to damages caused by negligence by the Company, which are not related to breach of contract or actions by the User. For example, the Company is not liable for errors caused by the User or errors in the User’s equipment or other equipment not belonging to the Company or to websites, software, content and services provided by third party that can be accessed through the Search Service. The Company can not guarantee the reliability of the information presented in the Search Service, whether it is retrieved by the Company or delivered from a third party. The Company disclaims all responsibility for the User’s decision based on the use of the Search Service as well as for the User’s decision based on the use of services, features or information provided by third parties or the Company’s partners.
12. Force majeure
The Company is not liable for damage caused by force majeure-like circumstances such as legal enactment, government decision, lightning strike, war event, strike, lockout, blockade or similar circumstance regardless of whether the Company itself undertakes or is subject to such a conflict of action, which is beyond the control of the Company or which the Company could not reasonably avoid.
13. Cookies
The Website uses cookies and tags with the purpose that the Website and the Search Service should work optimally and for all content to be displayed correctly. A cookie is a text file sent from the Company’s web server and it is stored on the user’s browser or device. The Company also uses cookies for overall analytical information regarding the User’s use of the Company’s products, to save functional settings and to display relevant items and offers to the User in the Search Service.
14. Choice of law and settlement of disputes
These Terms of Use shall be governed by Spanish law. Any dispute must be resolved in Spanish ordinary court of law.
Last modified: August 23rd, 2018.