General Conditions and Terms of Use

The website in desktop and mobile version and conceptproperties-mijas.com applications (hereinafter: “Site and App”) are owned by the company CONCEPT PROPERTIES MIJAS, based in 10 Aguila Réal 29649 Mijas, Spain – TVA : Y6989849W, RCS Spain : Y6989849W (hereinafter: “Holder”).
The access to the Site and App and the information relating to all the services implies the respect and acceptance of all these General Conditions of Use (hereinafter: “Conditions”). For this reason, we recommend to read the content carefully if you wish to access and use the information for the purposes of the services offered by the Site and App.

 

User Status

The use of any service provided by Site and App (hereinafter: “Service” or “Services”) assigns the utilizer the status of User (hereinafter: “User” or “Users”). In general, the User is not required to register to access to the services provided by the Site and App, however, for the use of some Services, the registration of the Users may be required. This registration will be made in the way expressly indicated in the relevant Service.

The Services offered through the Site and the App are largely free; however, the use of some of them is subject to economic benefit through the purchase of paid options. Paid options (hereinafter: “Paid Options”) means the purchase by the Private User of additional features specifically described in the process of posting listings through the Site and App.

Any matter relating to invoicing, including hypothetical changes or adjustments of headings and amounts and issuance of credit notes, must be managed by the User contacting directly the administration of Real Estate Media SA at the following address: info@conceptproperties-mijas.com

 

Type of Users 

In relation to the use of the Site and App there are two types of Users: Simple Users and Professional Users.

Simple Users are private individuals (but also professionals who use the Site and App with different purposes from those of Professional Users, defined below) and are defined as such for the use of the Site and App with the aim of searching for properties and information. Simple Users can access some services (e.g. search for properties) anonymously, while for other services (ex. saving listings, saving searches to receive information of new listings automatically) it is necessary to register before the use.

Professional Users are real estate agents, construction companies, other professionals and companies operating in the real estate sector that use Site and App to provide services to Simple Users. Professional Users can access the services intended for them only after contacting the Holder to request enabling, linked to the stipulation of a service contract (hereinafter “Service Contract”).

The publication of the listings is regulated for Simple Users and Professional Users in the paragraph Publication of the listings.

 

Minors 

The use of the Services is limited exclusively to adults. To use the Service, minors must have previously obtained permission from their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Site and the App by minors entrusted to them.

 

Permitted and Prohibited Uses 

It is forbidden to carry out, directly or indirectly, any form of commercial use of the Services through access, use, transfer of information contained on the Site and App. The violation of this prohibition will be prosecuted according to law. The User acknowledges and agrees that the use of the content and/or Services offered by the Site and App is at his own risk and under his responsibility.

The User undertakes to use the Site and App and all the contents and Services in accordance with the law, morality, public order and as provided for in these Conditions. Likewise, he also undertakes to make an appropriate use of the Services and/or the contents of the Site and App and not to use them for illegal, contrary to good faith or criminal activities, to violate the rights of third parties and/or the intellectual property regulations or any other rule of the legal system.

In particular, the User undertakes not to transmit, introduce, distribute or make available to third parties any material and information (data, messages, images, audio and images files, photos, software, etc.) that are in contrast with the law, morality, public order and the Conditions. The use of the Site and App for purposes different from those provided by the Holder is forbidden.

Furthermore, the Holder reserves the right not to grant access to services and contents of the Site and App at the unquestionable discretion of its commercial policy. Likewise, the Holder reserves the right to revoke the access to its pages without prior notice to any User who violates the provisions of these legal informations.

 

Intellectual property 

The Holder is the rightful owner of the Site and App, of the pages that they include, the information or elements contained in the texts, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names or other signs protected by intellectual or industrial property rights.

Unless expressly authorized by the Holder or by third parties holding the corresponding rights, or unless legally authorized, the User may not reproduce, transform, modify, decode, distribute, rent, make available or allow the access to anyone through any form of communication to the public of any of the elements mentioned in the previous point.

 

Guarantees and Responsibilities

The Holder does not guarantee the continuity of access or the correct display, download or use of the elements and information contained in the pages of the Site and App, which may be prevented, impeded or interrupted by factors or circumstances beyond its control. The Holder is not responsible for the information and other contents integrated in third-party areas or sites accessible from the Site and App. The Holder assumes no responsibility for the information, contents, products and services offered or provided through the Site and App by third persons or entities.

Neither the Holder nor third party information providers assume any responsibility for any damages, losses, claims or expenses arising from: (i) interferences, interruptions, errors, omissions, telephone breakdowns, delays, blockages or disconnections in the functioning of the electronic system caused from deficiencies, errors and overloads on telecommunications lines and networks, or for any other cause beyond the Holder’s control, (ii) the use of any illegal and/or malicious program and with any type of media, such as e.g virus or anything else, (iii) improper or incorrect use of the Holder’s sites, (iv) browsing security or errors caused by a browser malfunctioning or outdated versions of the browsers themselves, or by obsolete hardware.

 

Contracting with Third Parties through the Site 

The User acknowledges and accepts that any contractual or extra-contractual relationship formalized with advertisers real estate agencies, construction companies, private Users, other subjects that publish real estate listings (hereinafter: “Advertisers”) or third parties contacted through the Site and App, as well as the participation in contests, promotions, sale of goods or services will be carried out only and exclusively between the User and the Advertiser and/or the third person. Consequently, the User accepts that the Holder has no responsibility for any kind of damage in connection with the negotiations, conversations and/or contractual obligations with Advertisers or third natural or legal persons contacted through the Site and App.

 

Consultation of the listings 

The search for information on the Site and App and the display of the listings is carried out through automatic procedures, the Holder declines any responsibility regarding the quality of the results offered, the content, the accuracy, the veracity and the compliance with the rules contained in these Conditions.
The User may in any case report any illegal, fraudulent, suspicious or non-compliant to these Conditions listings by sending a report to the Site and App producer via email using the dedicated page

The listings on the Site and App are published by real estate agencies, construction companies, other professionals and private Users. Their publication does not imply the approval or endorsement by the Holder, nor does it imply any form of guarantee by the latter with regard to their content. The Holder is therefore not responsible for the truthfulness, correctness, completeness, as well as the privacy legislation and/or any other aspect of the aforementioned listings.

 

Publication of the Listings 

The publication of the listings is regulated by these General Conditions for Simple Users, and by the Service Contract for Professional Users.

Simple Users have the right to post a listing in free mode (without prejudice to the possibility of purchasing services that offer additional visibility to the listing itself). Listings published by Simple Users on conceptproperties-mijas.com Site and App may also be visible on other Sites linked to conceptproperties-mijas.com and/or owned by it.

The publication of listings as Simple Users is expressly prohibited to Professional Users. Professional Users must necessarily sign a Service Contract to advertise.

The Holder reserves the right to cancel listings on a permanent or even temporary basis, at its sole and exclusive discretion.

 

Privacy and Personal Data Protection 

Users’ personal data are processed in compliance with current regulations. For more information, please read the Privacy Policy and Personal Data Protection.

 

Security 

The Holder has taken the security measures considered appropriate to guarantee the secrecy and confidentiality of personal data, as defined in accordance with the laws in force. For more information, please read the Privacy Policy and Personal Data Protection.

Cookies 

Some Site and App pages have non-invasive or harmful cookies, nor do they contain personal data: the only function of cookies is to personalize browsing. The User can activate the settings of his browser to refuse the installation of cookies. For more information, please view the page Use of Cookies.

 

Resolution 

The Holder reserves the right to prohibit the access to the Site and App, either permanently or even temporarily, at its sole and exclusive discretion. Users receiving the exclusion order will be informed of this decision and may not subsequently attempt to access the site under different name or through other Users.

The User will be liable for any kind of damages that the Holder or its subsidiaries may suffer, directly or indirectly, as a result of any violation of the obligations deriving from the Terms of Use regarding the use of the Site and App. Furthermore, the User will maintain the Holder free from any sanction, complaint or summons to trial by third parties, including Public Entities, against the Holder, its employees or collaborators, following the violation of third parties rights by the User when using the Site and App or services connected to them in a manner contrary to the provisions of these Conditions.

 

Changes 

The Holder reserves the right to make the changes he considers appropriate, could modify, delete and add new contents and/or services as well as the way in which they are presented and localized.

 

Duration and Term 

The free services and/or the contents of the Site and App may be provided for an indefinite period of time until the user’s account remains active; furthermore, where specified, the services including Paid Options have a duration limited to the period of time indicated on the page of the listing publication process within the Site and App. The Holder has the power to close, suspend or interrupt unilaterally at any time and without notice, the provision of the Service and of the Site and App.

 

Applicable law and Jurisdiction 

Except as provided by non-derogable laws, the Court of Milan will have the exclusive jurisdiction to settle any dispute concerning these Conditions and the relationships by them regulated.