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Legal Notice and Terms of Use

Last updated: 27 Jul 2020

Identification data

Pursuant to article 10 of the Spanish Act 34/2002, of July 11, on Information Society Services and E-Commerce, we inform you about the following:

  • TRUHOO TECHNOLOGIES S.L. (hereinafter, TRUHOO) is a company dedicated to facilitating real estate transactions and related information and services through the Internet or any other electronic means, as well as to the promotion, marketing and advertising through the Internet, and the development and implementation of programs, applications and computer. services. It is clarified in this regard that TRUHOO is neither a real estate agency nor a company that buys, sells or rents properties, but which facilitates the contact between people who offer and search properties, without intervening in the specific operations that such people may conclude , and offer some additional services through its Website and App.
  • TRUHOO is registered in the Commercial Registry of Barcelona, volume 46917, page 60, sheet B-535261.
  • TRUHOO, with NIF B-67433144, is a company domiciled in 08012 Barcelona, Calle Bonavista 11, 1st floor 2nd door and is the owner and in charge of the exploitation, management and operation of the Website www.truhoo.es (from now on, the Website) and of its corresponding App (from now on, the App). Our contact email address is info@truhoo.es

Users

The access and/or use of the Website and/or the App attributes the condition of User, who accepts, from such access and/or use, the Conditions of Use mentioned herein without any reservation. Therefore, it is recommended that the User reads the Conditions of Use carefully each time he/she wants to have access and use the Website and/or the App, since such Conditions may be modified. All the Users of the Website and/or the App can print or save in electronic format the present Conditions of Use.

These Terms of Use will apply to all Users of the Website and the App, regardless of whether they are private or professional Users.

Use of the Website and/or App

The Website and the App provide access to a multitude of information, services and/or data (hereinafter, "the Contents"), belonging to TRUHOO or to third parties, which include the possibility of publishing ads for the sale or rental of properties, or of searching for a property to rent or buy and other related services.

The User assumes full responsibility for the use he/she make of the Website and/or the App, which extends and includes, but is not limited to, the mere browsing, access, use and downloading of Contents and the registration process if the User wishes to register, a process that will be required to accede certain features of the Website and/or the App, such as publishing ads.

In this registration process, as well as in the use of any other functionality of the Website and/or the App (such as the publication of ads), the User must at all times provide true, complete and lawful information, and keep it properly and perfectly updated. As a result of such registration, the User may be provided with a password for which he/she will be responsible, undertaking in such case to make a diligent, confidential and non-transferable use of such password.

The User undertakes to make a correct, lawful and adequate use of the Contents and services that TRUHOO offers through the Website and/or the App, and must abstain from carrying out any illicit, incorrect or inadequate action or activity that is contrary to the good faith, moral, good manners and/or public order or that in any other way is harmful to the Website, the App and/or TRUHOO, and in particular will refrain from and not perform any of the conducts, actions and activities that are listed by way of example below, with including but not limited to nature:

  • Insert, distribute, reveal, share or publish contents or ads of any of the following natures or kinds: racist, xenophobic, pornographic, abusive, obscene, illegal, misleading, unfair, of apology or incitement to terrorism or to any other criminal offence, denigrating, defamatory, or in violation of fundamental rights .
  • Carry out any act that involves the disclosure of secrets, breach of confidentiality obligations or infringement of personal data protection regulations.
  • Insert, distribute, disclose, share or publish false, incorrect, inaccurate content, or contents which in any way are likely to mislead or deceive any potential recipient of such content.
  • Using the Website and/or the App for an illicit purpose or for any purpose not expressly authorized by TRUHOO.
  • Cause damages to the physical and logical systems of TRUHOO, its suppliers or any other third party, insert or spread computer viruses or any other physical or logical system that are likely to cause the aforementioned damages and any other damages.
  • Attempt to accede and, where appropriate, accede and use the e-mail accounts or data of other Users and modify or manipulate their messages or data.
  • Use, include, link and/or in any way use the Website, the App and/or any of its Contents and elements in other Websites and/or applications and/or physical or electronic media of any kind, without our express written authorization.
  • Create or in any way establish a link, or hyperlink to any content of the Website and/or the App, whatever the purpose of it is.

Likewise, the User shall not insert, display, use or incorporate as his/her own business activity or that of third parties any of the Contents and/or services included in the Website and/or the App, and shall not dispose of them. It is also expressly prohibited to use or apply any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Website and/or the App or any of its Contents and/or services.

The Contents and services offered on the Website and the App are exclusively addressed to people over 18 years of age. By accessing and/or using the Website and/or the App the User declares and guarantees that he/she is 18 years old or older.

Publication of advertisements

When publishing an Advertisement, the User must follow the process established to this purpose in the Website and/or the App, and expressly declares and guarantees, under his sole and exclusive responsibility, that (i) he/she is the owner of the property or has all the consents, authorizations and permissions of the owner of the property to advertise it, (ii) all the elements, data and contents of the advertisement (including but not limited to all the data related with the physical information, construction, location, urban planning, liens and encumbrances, rental and legal data of all kinds) are fully truthful, authentic, accurate and duly updated, and the User is obliged to perform all acts that are necessary or merely convenient to such purpose, being the User is responsible for any and all damages that may be derived from such inveracity, inaccuracy, non-authenticity or lack of updating, keeping in all cases TRUHOO fully harmless and (iii) the advertisement and each of its components (photos, videos, etc) are fully respectful and do not infringe the industrial and intellectual property rights and image rights that may exist over them.

TRUHOO does not guarantee in any way the truthfulness, authenticity, exactness and full update of the elements, data and contents of the advertisements and in no case will become responsible for it or for any damage, prejudice or loss, direct or indirect, derived or resulting from an advertisement. However, TRUHOO has the right, but not the obligation, to initiate and conduct verification actions in this respect, either ex officio or at the request of a third party, with the User-advertiser having to collaborate actively and diligently and with total transparency. In any case and without prejudice to the non-existence of the obligation to carry out such verification processes, TRUHOO will suspend or eliminate the publication of advertisements that on the occasion of the development of some verification work or for any other reason, has come to know that are not truthful, inexact, not authentic, or it may be entitled to urge the User to immediately modify them, being in any event responsible for all the damages caused in that regards. The User expressly authorizes TRUHOO to suspend or withdraw the publication of an advertisement in such cases as well as in those others in which the advertisement contravenes any part of the provisions of these Conditions of Use, and also to suspend or cancel the User’s account.

The suspension, withdrawal or cancellation of the advertisement, and/or the suspension or cancellation of the User’s account for breach does not release the User of the payment obligations it may have, including the damages caused.

The User accepts that once the advertisement has been published, he/she will no longer have the right of withdrawal, in accordance with art. 103 m) of the Royal Legislative Decree 1/2007, of 16 November, which approves the General Act for the Defense of Consumers and Users.

It is clarified that in no way the advertisements of properties on the Website and/or the App can be considered commercial offers from TRUHOO, reiterating once again that TRUHOO is neither a real estate agency nor a company that buys, sells or rents properties, but facilitates the contact between people who offer and seek properties, without intervening in the specific operations that such people may conclude.

The User will have to adjust in the publication of advertisements to a series of minimum rules, the breach of any of which will allow TRUHOO the suspension or withdrawal of the advertisement and/or the suspension or cancellation of the User’s account, without detriment to other remedies granted either by Law, these Terms of Use or any contractual relationship that may be established with the User:

  • The publication shall not infringe any confidentiality duty or commitment and/or any rights of third parties.
  • Any and all rights to publish or list the property in the way it is published shall be fully held by the publisher.
  • The property’s images, descriptions and texts published shall be original, clear and accurate and rights of third parties shall not be infringed in any way.
  • Repetition of images, its display or reproduction with any kind of associated brand, trademark, text or watermark and the publication of images which are not relevant to the listing (for instance, images of the city, the area or monuments) is not allowed.
  • Every information and image contained in the publication shall be easily verifiable. No subjective comments on the User’s reputation or skills shall be included either.
  • Price and conditions included in the publications shall be exact, complete and not misleading in any form.
  • Accurate and true information on the localization and energy class of the property must be included in the publication.
  • No links for third-party providers, promotional materials, or external website addresses shall be included in the publication.
  • Duplicate listing of the same property is not permitted. The criterion first come, first serve will be in principle applied by TRUHOO, unless there is a reason under the discretion of TRUHOO that provides to proceed otherwise.
  • Properties listed shall be available immediately or at the latest in the short term.
  • The publication shall be consistent and compliant with the terms of the contractual relationship held by the User with TRUHOO where the case may be, in terms of content, information, area, kind of property or kind of deal (purchase, rental…), inter alia.

Intellectual and Industrial Property

All distinctive signs, trademarks, commercial names, contents, structures, images, videos (including but not limited to the 3D Tours), designs and form of presentation of the elements and any other information that appears on the Website and/or the App are exclusively owned by TRUHOO (by itself or as an assignee or licensee) and are protected by industrial and intellectual property rights. The use that the User makes of the Website and/or the App in any case and in no way grants him/her any kind of right, not even a license, over any such signs and elements.

The User shall not copy, share, extract, reproduce, transform, distribute, make public communication and, in general, make any other form of exploitation of the elements referred to in the previous paragraph and of any of the elements or Contents of the Website and/or App, regardless of the means or automated or manual process, without the express and written authorization of TRUHOO, and shall not perform any act that may imply an infringement of the industrial and intellectual property rights of TRUHOO or any third party.

The User shall refrain from using means that can be able to suppress, alter, avoid or manipulate any protection devices or security systems that may be installed and that entail a risk or damage or disablement of the Website and/or App and/or its Contents.

TRUHOO is neither responsible for the possible inappropriate use that third parties make of the Website and/or the App, nor for the information that they transmit to third parties through them. The use of the Contents that the User can do and the possible consequences or damages that may arise, are the sole responsibility of the User. TRUHOO will not be responsible for the damages of all nature caused to the Users as regards of the use of links, directories, and search tools allowing Users to have access to Websites belonging to and/or managed by third parties, or as regards of the presence of virus or other malicious codes that can produce any type of damage to the computer system, electronic documents or files of the Users or third parties.

TRUHOO reserves the right to exercise the respective legal actions it deems appropriate derived from any breach of the abovementioned provisions.

By publishing an advertisement, the User grants TRUHOO a license with worldwide scope and for the maximum period allowed by the applicable legislation and with the power to sublicense, on each and every one of the elements that conform the advertisement, jointly and separately, including photographs, videos and data of all kinds, and grants TRUHOO authorization to distribute, reproduce, transform and carry out public communication of such elements, as well as to use the advertisements and the information contained in them for carrying out statistical, valuation, appraisal of properties, or real estate market in general activities and reports.

Exclusion of guarantee and liability

TRUHOO has adopted measures that, within its possibilities and according to the state of the current technology, allow the correct functioning of the Website and the App and the absence of virus and harmful components. However, despite the security measures adopted, TRUHOO cannot guarantee the absence of virus or other elements that could damage or alter the computer system of the User, and thus does not assume any responsibility derived from it.

In this sense, in no case TRUHOO is responsible for damages and losses of any nature caused, among others, by: (i) the misuse or improper use of the Website and/or App, its Contents and/or services by the Users; (ii) the lack of continuity and availability of the Contents and/or services of the Website and/or the App, as well as the delays or failures that may occur in the access to them; (iii) the presence of virus and/or other harmful components on the Website and/or on the App and/or on servers; (iv) the certainty, integrity, accuracy, and/or updating of the Contents and/or services, products, texts, links or any other element incorporated in the Website and/or the App; (v) the contents and/or services provided by other websites to which the User can accede from the Website and/or the App; (vi) unauthorized access and alteration of the data stored and transmitted through the Website and/or the App or the services offered in this regard, and (vii) the violation of the security systems contained and /or inserted in the Website and/or the app.

TRUHOO is not responsible for the damages of any kind caused to the User due to failures or disconnections in the telecommunications networks and that may cause suspension, cancellation, and/or interruption of the service of the Website and/or App.

Equally, TRUHOO does not assume any responsibility for the damages that any User may cause, either to itself or to third parties, in violation of the conditions, rules, and instructions that TRUHOO includes in the Website and/or the App. Consequently, the User shall be liable for all damage of any nature that TRUHOO or any third party could suffer as a result of any breach of any of the obligations to which he/she is subject as regards of these Terms of Use.

In the same way, TRUHOO will not be responsible for any incident, contingency or damage arising or resulting from the relations established between the Users due to the contacts they make or transactions and operations that they concluded. TRUHOO strongly recommends Users to act with precaution and due diligence in such contacts, relationships and transactions.

Modifications and interruption or suspension of access to the Website

TRUHOO reserves the right to carry out, without previous notice, the modifications it deems appropriate on the Website and/or the App, being entitled to change, delete or add both the content and services provided through it and the way in which they are presented or located in the Website and/or the App.

At the same time, TRUHOO reserves the right to suspend or interrupt temporarily and without previous notice, the accessibility to the Website and/or the App on the score of maintenance operations, repairs, updates or improvements, as well as for power supply errors or for any other cause.

Links

In the event that links or hyperlinks to other websites are available on the Website and/or the App, TRUHOO will not exercise any type of control over said sites and contents. TRUHOO will not assume in any event any responsibility for the contents of any link belonging to a third party website or App, and will not guarantee the technical availability, quality, reliability, accuracy, extent, veracity, validity and/or constitutionality of any material or information contained in any of these hyperlinks or other websites or Apps. Equally, the incorporation of these external connections will not imply any type of association, merger or participation of TRUHOO with the connected entities.

Miscellaneous

TRUHOO reserves the right to deny, restrict or withdraw the access to the Website and/or the App and/or the offered services (including also the suspension or cancellation of the User account) with no prior notice, at its own initiative or at the initiative of a third party, to those Users who breach any of these Terms of Use, without any right to compensation of any kind.

TRUHOO reserves the right to exercise the rights and actions it deems appropriate, including criminal actions, in case of violation, infringement or breach of these Terms of Use or any legal provision by the Users.

TRUHOO complies and will comply with the obligations provided for personal data protection in current regulations and will at all times ensure the proper use and processing of the personal data collected from the User, according with the Privacy Policy available on the Website and the App that TRUHOO invites you to check at any given time.

Through the Website and/or the App you can have access to social networks of open access to all users like Instagram, Facebook, Twitter, Linkedin, Pinterest or Tik Tok. These are websites or apps where the User can register and follow TRUHOO for free. In these social networks Users will be able to know about TRUHOO’s activities, opinions or access to photos, videos or other multimedia content. Users of these social networks must be aware that TRUHOO’s profiles in such networks are independent from the Website and are public as they are visible to all its Users, and the Privacy Policies and Terms of Use applicable to these contents are those set out by Instagram, Facebook, Twitter, Linkedin, Pinterest, Tik Tok, etc.

Modifications of the Terms of Use

TRUHOO will be entitled to modify at any time and without previous notice the Terms of Use established herein, publishing the new ones in the Website and the App without this granting the right to compensation of any kind to the Users. When the User accedes the Website and/or the App after the modification of the Terms of Use, he/she will be expressly accepting the new Terms of Use. If the User does not agree with any of such modified conditions, he/she must immediately abandon the use of the Website and/or the App. In case the User continues accessing and/or using the Website and/or the App, it will be understood that the User is accepting the new Terms of Use.

Applicable law and jurisdiction

The present Terms of Use and Legal Notice are subject to Spanish Law. All issues, conflicts, discrepancies and/or controversies that may arise from the interpretation, application, compliance, breach, validity, and/or execution of these Terms of Use and Legal Notice shall be submitted, with express waiver to any other general or special jurisdiction that may correspond to the parties, to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona.