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- Terms and Conditions
Advertisements for Users
The user guarantees that any advertisements he publishes on the BalkanIMMO platform meet the criteria for quality that a visitor of the BalkanIMMO website or application can reasonably expect: the description of the property for sale or rent and the conditions of sale or rent must be accurate, clear and unambiguous. The description of the different elements must coincide with the fields provided. BalkanIMMO can withdraw false or misleading information at any time from the BalkanIMMO platform, in accordance with the following section “Restrictions on ad publication”.
The minimum required resolution for photographs is 1024*1024 pixels. In order to maintain quality service, BalkanIMMO reserves the right to remove at any time blurred or unfocused photographs, photographs presenting a brand, logo, watermark or identifiable or unidentifiable persons, contact data, without compensation.
BalkanIMMO reserves the right to technically modify contents and particularly the content of advertisements (which may occur in the case of reutilization) for example to make them compatible for distribution via other channels, such as mobile phones.
ACCEPTANCE OF TERMS
The services that BalkanIMMo provides for you are subject to the following Terms and Conditions. BalkanIMMO reserves the right to update the Terms and Conditions at any time without notice to you.
These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) and are made available online, through any mobile device, by email or by telephone.
- The right to use BalkanIMMO is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
- You shall have the right at any time to change or discontinue any aspect or feature of the services provided by BalkanIMMO, including, but not limited to, content, hours of availability, and needed for access or use.
Cancellation
If you wish to review, adjust or cancel your subscription, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the number of days the subscription was active from the day of the activation.
CHANGED TERMS
BalkanIMMO shall have the right at any time to change or modify the Terms and Conditions applicable to User’s use of BalkanIMMO, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website, by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of BalkanIMMO by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. These pages, the content and infrastructure of these pages, and the online reservation and enquiry service provided on these pages and through the website (“BalkanIMMO”) are owned, operated and provided by the BalkanIMMO Team (“BalkanIMMO”, “us”, “we” or “our”) and are provided for you subject to the Terms and Conditions set out below.
Payment
Payment is safely processed through a third-party payment processor ( Stripe or Paypal ).
Disclaimer
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or a series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for
- Any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
- Any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website.
- The services rendered or the products offered by the accommodation provider or other business partners.
- Any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website.
- Any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, comissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities.
BalkanIMMO is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.
Links to third-party Aplications ans Websites
In the BalkanIMMO platform website, you may find hyperlinks to third-party materials and websites operated by third parties. We are not liable for the content of such materials or websites or for their quality or accuracy. We should not be taken to be endorsing, publishing or authorizing such websites or materials. Therefore, please be warned that these sites are operated under the exclusive responsibility of their respective owners, who are solely liable for complying with laws and regulations applicable to the products and services sold on their websites, including without limitation consumer protection, distance selling, price display regulations, protection of personal data, etc.
Website availability
Although we strive to make the BalkanIMMO website and application available to you 7 days a week and 24 hours a day, we reserve the right, at any time and without notice, to interrupt access to the platform for technical or other reasons and to stop offering our services. In this event we shall on no account be liable for these interruptions and for the consequences that might result for you or for any third party.
BalkanIMMO ensures as far as possible that the application, the website and files that can be downloaded are free of bugs, viruses, Trojan horses, spyware and other malware or unauthorized software. However, there is still the possibility that these may be found. BalkanIMMO can on no account be held liable for any resulting damage and/or loss to the user. BalkanIMMO strenuously advises the user to install firewalls, antivirus software and other necessary protection software on every device they use.
For the user
Declares, agrees and guarantees that BalkanIMMO has the right to use, publish and exploit any content (text, image, information) that he/she posts on the BalkanIMMO platform for the purpose of performing the service(s) requested by the user;
grants the platform a license for the uploaded content. This license is free, world-wide, non-exclusive, assignable and may be sub-licensed to enable BalkanIMMO to use, publish and reproduce content during their operations and the promotion of their services and that of third parties;
accepts that BalkanIMMO can use data for creating benchmarks or a history of sales and rentals. These benchmarks may be used by real estate professionals in the course of their business. Only a photo of the property (as long as it is still for sale or rent), the description as published, the address of the property (as long as it is still for sale or rent) or the geographical area and the name of the street (for property up for sale or rent), the day, month and year of publication and, where applicable, the unpublishing of an advertisement and the price mentioned by the advertisement, will be used. Under no circumstances will the history mention the details of the person who advertised the property. Content will be made anonymous and kept for an indefinite period for the purposes mentioned above.
As a user of the real estate ad service of the BalkanIMMO platform, you undertake not to upload or transmit materials that express a political opinion or that have a defamatory, racist or xenophobic connotation or incite discrimination, hatred or violence against a person, group, community or its members on the grounds of their alleged race, colour, ancestry or national or ethnic origin.
By the simple fact of using the BalkanIMMO website, you undertake to indemnify BalkanIMMO website and its subsidiaries, managers, employees, partners and agents against any claim made by any third party against it arising out of any content whatsoever you submit to the platform.
Password
You are free to register on the Balkanimmo platform by filling out a form with your personal data. Your registration, subject to the privacy policy enables you to have access to free services such as:
- saving your search criteria for real estate.
- saving the properties you are interested in.
- adding a personal rating to the properties you are interested in.
- adding a personal comment to the properties you are interested in.
- the ability to simulate your monthly instalment for the properties you are interested in.
- noting the number of times that an ad has been viewed since its creation.
- receiving an email alert as soon as new properties matching your search criteria are posted on the platform.
- receiving an alert as soon as a property you are interested in changes price.
- subscribing to newsletters and communications sent electronically or on paper containing information, invitations, surveys and competitions related to sales, rentals, moving house, mortgages, insurance, PEB certification, the monitoring of installations in the home (electricity, oil tanks, the presence of asbestos etc.) lease agreements, renovation, decoration and real estate in general.
Your password enabling you to be identified in order to benefit from these services is personal and confidential. You are solely responsible for its use and you undertake not to communicate it to any third party.
The user is fully and solely responsible for any activity carried out under his access code.
Intellectual Property
BalkanIMMO is the exclusive owner of intellectual property (such as copyrights or rights of the creator of databases) on all content included on the BalkanIMMO platform, including text, graphics, logos, buttons, images, HTML code, databases and icons.
The appearance of this website (layout, choice and arrangement of the various sections, organisation of data, etc.) is protected by copyright law. BalkanIMMO prohibits the extraction and/or reuse of the whole or of any part of the content of this site that is substantial on a qualitative or quantitative basis. Any copy, translation, adaptation, modification or use whatsoever of the whole or of any protected item of this platform, in any form and by any means, is strictly prohibited without the advance written consent of BalkanIMMO . Any commercial use of the content of the website and/or application is strictly prohibited. BalkanIMMO herewith grants the user of the platform a non-exclusive, non-transferable license, revocable at any time without grounds, to access the content of the platform, display it and download it solely for the purposes of noting its content, this being on one computer only. The user may print out a copy of the content displayed on the platform, solely for his/her personal use, provided he/she does not in any way alter the content of the platform and keeps the platform’s mentions of authorship and origin. Reproduction is therefore authorized only for the purposes of private use and private copy as defined by copyright law. Some of the names, signs and logos on this website are registered trademarks or trade names belonging to BalkanIMMO or their respective owners. Save with the express advance authorization of the owners, including BalkanIMMO , any use of the names, trademarks and logos and/or unlawful use of similar signs is prohibited.
On no account shall BalkanIMMO be liable towards visitors to the BalkanIMMO platform for any claim or action brought against them by a third party who claims that the use of any of the content, products or services accessible on this platform infringes that third party’s intellectual property rights. Sundry provisions, applicable law and jurisdiction
The fact that all or some of the foregoing provisions are null and void or unenforceable shall not make all these Terms of Use null and void. The provision in question shall be deemed unwritten and the user agrees that BalkanIMMO may substitute this provision by another that fulfils as far as possible the same function. Any dispute that might result from the use of the Balkanimmo website shall be subject to the country of user and law and the exclusive jurisdiction of the respective courts.
Sections “For Rent” , “For Sale” and “New Constructions”
The real estate ads posted on the BalkanIMMO website have been drafted with the utmost care and are regularly updated. However, neither BalkanIMMO (the BalkanIMMO website manager) nor the person or organisation (estate agent, notary, developer or private individual) that sent us the ad can be held liable if errors have slipped into the content of the ads or if the property is no longer available when you read the ad. An ad does not constitute a legally binding offer. Before taking a decision (purchase, rent, etc.) concerning the property, we therefore advise you to obtain confirmation directly from the estate agent, notary, developer or private individual who posted the ad that the property is still available and the information posted is correct and up to date.The BalkanIMMO platform offers its users tools for the simulation of certain financial aspects (debt calculation, acquisition costs, calculation of monthly payments). All resulting data are purely indicative. BalkanIMMO can on no account be held liable for the accuracy of such data.
BalkanIMMO can on no account be held liable for the legality, accuracy and the content of the ads placed on the BalkanIMMO website and/or application, nor for the quality of the properties and/or services promoted in these ads.
By posting an ad on the BalkanIMMO platform, you agree to only publish content (images, photos, etc.) that does not infringe any third-party rights, including intellectual property rights (including but not limited to copyright, related rights, trademark rights, patents, industrial design rights, trade name rights, database protection and know-how protection rights), morals or accepted standards of behaviour. You agree to indemnify BalkanIMMO against any third-party action concerning the ad that you posted on the BalkanIMMO platform.
Some of the ads contain access maps to help you find the exact location of the property you are seeking. We inform you that these access maps are the exclusive property of the companies Market-IP and Google with which BalkanIMMO has concluded an agreement for the supply of cartographic services. These maps may not be reproduced unless for making copies and for private use only. They may not be modified, translated, rented or published for commercial purposes: any act performed in violation of this rule constitutes a breach of Market-IP’s copyright and of these Terms of Use. It is possible that the situation plans contain errors or inaccuracies. Neither BalkanIMMO nor Market-IP or Google can on any account be held liable for mistakes or inaccuracies that might be contained in these maps.
Liability related to content posted on the website by users All text, data, photos, video, messages or other content posted on the platform by users are the sole responsibility of the person from whom such content originates. BalkanIMMO shall not be liable in any way for that content. Information on the platform should always be treated as provisional and should always be checked with the estate agent, notary, developer or private individual who posted the ad, particularly with regard to the asking price. Concerning acquisition costs, please consult your estate agent or your notary. Your notary can give you an accurate overview of various charges, fees and costs before signing the agreement. Concerning your loan, we advise you to contact your financial institution.
Restriction on listings and publication
The price of an ad is set for publication of a specific property. The user may not change his/her ad by replacing one property with another. He/she must place a new ad at the price in force for the type of advertisement chosen. The user cannot claim a repayment, fully or partially, when he/she removes the ad from the website before the end of the publication period. This period was determined by the user when he/she placed the ad. The user accepts explicitly that once his/her ad is paid and placed on the website, he/she renounces every right of retraction and repayment, fully or partially, of this ad.
We reserve the unilateral right to refuse or deactivate any ad published on the platform before the end of the publication period, without compensation, in the following cases:
- An ad relates to a property already sold or let.
- A descriptive text is contrary to these Terms of Use.
- Photos do not represent a property explicitly or represent property that is only on level two.
- An ad mentions the address of another website.
- An ad is misleading, e.g. in relation to its location, or an ad is illegal.
- Platform access restrictions
- We reserve the unilateral right to prohibit access to all or part of the platform to any individual or legal person:
- who would violate these Terms of Use
- who would use the personal data to which he/she can have access on this site to propose paid products or services or to send unsolicited emails to other users of this site (“spamming”) for any other commercial purpose or in any other unauthorized manner
- who would post false or illegal ads on the site
- who would harm the reputation of this site
- who would infringe third-party intellectual property rights
- who would use the site illegally
- We also reserve the right to take such persons to court.
Miscellaneous
To the extent permitted by law, these Terms and Conditions and the provision of our services shall be governed by and construed in accordance with the EU laws and any dispute arising out of these general Terms and Conditions and our services shall be subject to the exclusive EU jurisdiction.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.
Last Advice
The Balkanimmo.com website and BalkanIMMO application ‘ are managed by BalkanTopics whose registered office is situated at ======
The sole fact of using the Balkanimmo platform means that you agree in full and irrevocably to the Terms of Use of our platform.
BalkanIMMO reserves the right to amend these terms at any time and without notice. We therefore advise you to consult them regularly.
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