GENERAL TERMS OF USE OF REALO
With these terms of use of Realo (referred to as the "Terms of Use"), we inform our visitors and registered users (referred to as "you(r)" or similar expression) on what terms and conditions they can access and use our website, application or any other platform (collectively referred to as the "Platform") through which we offer our services, products and information (collectively referred to as the "Products").
The Terms of Use should be read together with our Privacy Statement (which tells you what personal data we collect from and about you and for what purposes) and our Cookie Statement (which tells you how we use cookies on the Platform and for what purposes). The Terms of Use, the Privacy Statement and the Cookie Statement form a binding agreement between you and our company, and are collectively referred to as the "Terms".
When you use one or more of the Products offered on or through our Platform, in addition to the Terms you will be bound by additional specific terms and conditions applicable to that/those specific Product(s), if any. These will be communicated to you when these Products are ordered.
For reasons of legibility, the Terms of Use are structured as follows:
- Part A:General information
- Part BConditions relating to the use of the Platform
- Part C:Conditions relating to the use of the Products
- Part D:Specific conditions for the use of Products
- Part E:Your additional rights as a consumer
- Part F:Important other legal provisions
Important: For some Products, you may use our Platform in your capacity as a consumer. In that case, some specific provisions apply to you. Thus, when entering into a subscription (where possible), as a consumer you are not able to invoke a right of withdrawal, but you can of course cancel your subscription at the end of each period. At the end of your chosen subscription period, the subscription is automatically renewed for the same period. However, at the end of each period for which you have subscribed, you have the right to cancel your subscription. A cancellation must be made before the end of the billing period, otherwise the period will be extended by the same term as the then-current period. After the tacit renewal, as a consumer, you may terminate the agreement at any time without compensation, subject to the notice period provided herein, which may not exceed two months. Termination in accordance with the Terms of Use can be done via your account or by contacting us at info@realo.be. For more specific information in relation to this, please see Part E of these Terms of Use. Of course, please also read the other provisions of these Terms of Use below, which also apply to you as a consumer.
Part A: General information
1. Who are we and how can you contact us?
1.1 The Platform is operated by Realo NV, with address at Poel 16, 9000 Ghent, Belgium and with company/BTW number (BE) 0543.772.595 (referred to as "we", "us", "the company" or similar expression).
1.2 You can contact us by email at info@realo.be. For questions specifically about privacy, you can also email us at privacy@realo.be. See also the "About" section on our Platform. Following you contacting us, we will make every effort to follow up on your query promptly.
2. Applicability of the Terms
2.1 Please read the Terms carefully and make sure you understand them before using the Platform, and if applicable, our Products. The Conditions contain important clauses. In the event that you do not understand or agree with the Terms, please refrain from further accessing or using our Platform and/or our Products, and contact us using the contact details above.
2.2 By using the Platform and/or our Products, you confirm that you have read, understood and accepted the Terms. In some cases, you will also be asked to explicitly accept the Terms before you can take a certain action (e.g. ordering a Product). In doing so, you expressly agree that ticking a checkbox counts as your informed, specific, free and complete consent such as a signature to agree to contractual documents.
2.3 You can print a copy of the Terms to keep in your personal file, but you can also view the Terms online whenever you want.
3. Services and Products offered on the Platform
3.1 The Platform aims to give consumers and professionals access to all kinds of real estate data. This can range from properties for sale or rent, to gaining in-depth insights into real estate information. Some of the content on our Platform is accessible for free and can be accessed by any visitor (registered or unregistered). Other Products, on the other hand, are subject to paying the relevant prices.
3.2 Your use of the Platform includes (where relevant, depending on the functionalities offered on each Platform), inter alia, accessing and browsing the Platform, looking up and consulting the above-mentioned information, clicking through on third-party links, registering as a user (and having access to all functionalities associated with it), ordering payable Products, subscribing to our newsletter and various other forms of communication (see your account), and any other form of use as offered on the Platform.
Part B: Conditions relating to the use of the Platform
4. Access to the Platform
4.1 We offer the possibility to use the Platform as a non-registered visitor or as a registered user. This right of use is personal, limited (as described in the Terms), non-exclusive, non-transferable and temporary. The right of use is granted to you subject to your full compliance with the Terms. However, to access certain Products, we will always ask you to register as a user.
4.2 The Platform is offered in Dutch, French, Spanish and English. Our communication with you will also be in one of these languages chosen by you. As a user, you can always change your language settings in your personal account.
4.3 You are solely responsible for taking all technical and other measures to access and use the Platform.
4.4 You are responsible for compliance with the Terms for all persons who use your internet connection or device to access and use our Platform. Professional users are responsible for the use of the Platform by their employees, associates, agents or representatives (collectively, the "Personnel") and the compliance by Personnel with the present Terms. The professional user acknowledges and accepts that Realo will always be able to hold the professional user fully liable for actions taken by the Personnel on the Platform and/or in connection with compliance with these Terms.
5. Using our Platform
5.1 You can use the Platform as a visitor without an account and without owing any fee. You can also register as a user on the Platform without paying a fee. However, some Products are paying and you may order them either on a one-off basis or on a subscription basis. The applicable fees and prices are listed on the Platform and clearly indicated before ordering.
5.2 Free use of the Platform is intended for non-systematic searches for use internally in your organisation or for you personally. It is not allowed to use searches on the Platform commercially.
5.3 Payable Products are mainly intended for professional use, although in some cases it is possible to order some of these Products as a consumer. The use of payable Products is in any case always limited to an internal, normal and, where relevant, professional use of the Products for the purposes for which they are intended, to the exclusion of other forms of use and always in accordance with the provisions set out in the Terms and Conditions.
6. Registering on the Platform and membership
6.1 We offer you the opportunity to register on our Platform by entering your details (depending also on whether you are a real estate professional). Registering gives you access to additional services / functionalities. Your information upon registration will be processed in line with our Privacy Statement. You must provide accurate, correct and non-misleading information about yourself. Change your details as soon as they change.
6.2 You may only register once, so you may not use another name for an additional registration. Each account is personal and can only be used by one person. You may not pass on your account details to others, not even within the organisation you work for. Should we determine that this is the case, we reserve the right to suspend and/or terminate your account, as well as to claim the applicable fees from you.
6.3 You must immediately notify us through info@realo.be of any unauthorised use, loss or other unauthorised disclosure of your account (details) or any other breach of security. We also request that you log out at the end of each session.
6.4 We have the right to refuse any membership application. Your membership starts only after receiving a confirmation e-mail from us. You can cancel your membership at any time via your account settings. Neither cancellation by you nor cancellation by us entitles you to any compensation.
6.5 We reserve the right to deactivate, disable or suspend your account if we believe that these Terms have not been complied with (or are at risk of not being complied with) or if we believe that we, you or other users are exposed to a security, commercial or other risk. We may do so without prior notice, but we will always endeavour to notify you hereof. After such termination or suspension, you will not be able to re-register or use our services unless you are notified that the suspension has been lifted.
6.6 You agree to take reasonable precautions when communicating with other users of the Platform, especially when you decide to visit a property.
7. Notifications and service messages
7.1 You agree that we may send you important notifications on the Platform, mobile apps or via email. Please also note that when you leave your details to our Platform by any means (e.g. via email, via contact form, via order), we consider you to be our customer and we may therefore also send you information about Realo and the services and products it offers, via the details provided by you (e.g. email, phone number, social media account, etc.).
7.2 Your contact details must be correct to receive important notifications. For service messages or service notifications, we may also place a banner on the Platform to notify you of certain changes, such as changes to the Terms.
7.3 We may also notify you by sending an email to an email address associated with your account. You also agree that we may contact you through your account or by other means, including email, mobile number or telephone in connection with your account or our Products.
7.4 Please check in your settings what messages you receive from Realo. You agree that we have no liability in relation to or as a result of your failure to provide correct contact or other details, including, but not limited to, failure to receive important information.
7.5 For more information on the processing of your personal data, see our Privacy Statement.
8. Posting of own content on the Platform
8.1 Certain functionalities on the Platform allow you to share certain won content with the other visitors and users of the Platform, such as, for example, posting a property for sale or rental (hereinafter together "Own Content"). When you post Own Content on our Platform, we expect you to take into account certain obligations:
(a) First and foremost, it is your full responsibility and guarantee to ensure that all Own Content posted is correct, complete and not misleading. Likewise, you warrant that you have all rights to post the Own Content on the Platform.
(b)You are solely responsible for the Own Content you upload on our Platform.
(c) In all cases, we expect you to comply with applicable laws and regulations when posting Own Content and, consequently, not to post Own Content that is, for example (but obviously without being exhaustive), illegal, contrary to morals or decency, misleading, defamatory, untruthful or otherwise dishonest, infringing on the confidential nature of the information (such as trade secrets, protected information, etc.), violating the rights of third parties (e.g. intellectual property rights), etc.
(d) You must ensure that the Own Content you post is free of errors, viruses, worms, Trojan horses, or other harmful content.
(e) You accept that the Own Content you post on the Platform will be publicly available and consultable by the visitors and users of the Platform (subject to their usage rights on the Platform). You therefore warrant that you have the right to make such Own Content publicly available.
8.2 We do not assume any obligation to verify or filter the Own Content, but we do reserve the right (without obligation) to make random verifications. If we believe that certain Own Content violates the Terms or applicable law, we reserve the right to remove such content, as well as to take action against the person(s) concerned (including filing a complaint with the relevant authorities). We also reserve the right to take action regarding Own Content when we receive comments or complaints about it from third parties. Anyone is free to contact us regarding certain Own Content using the procedure provided in that sense (either via our contact details or via the "Report a Problem" functionality).
8.3 You fully indemnify us against all claims that might be introduced against us based on, and for all costs and liabilities arising for us from, the Own Content and/or non-compliance with these Terms and applicable law.
8.4 Naturally, you may only post Own Content if you are the full owner of the rights or have been granted the unconditional right to post such information on the Platform. You may also only post Own Content for an organisation if that organisation agrees to it and you must comply with all applicable rules of that organisation. Again, you fully indemnify us for all claims that may be made against us based on, and all costs and liabilities incurred by us as a result of, a breach of this provision.
8.5 You acknowledge and accept that the termination of your membership in line with these Terms, for whatever reason, means that we have the right to remove some or all of your Own Content.
9. How (not) to use our Platform
9.1 You may only use our Platform for lawful and permitted purposes, as also specified in the Terms. You may not use our Platform:
(a) to sell goods or services other than real estate property or to distribute promotional material other than relating to real estate property without our prior and express consent;
(b) in violation of laws and regulations applicable to you;
(c) in an unlawful or fraudulent manner;
(d) with the aim of causing or attempting to cause harm in any way to other legal or natural persons and entities or our company;
(e) to probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or breach security or authentication measures on the Platform;
(f) to take any action that would cause an unreasonable or disproportionate burden on the infrastructure of the Platform or our systems or networks;
(g) to interfere with the proper operation or functions of the Platform;
(h) for knowingly transmitting data, sending or uploading material that contains viruses, Trojan horses, worms, time-bombs, spyware, cancelbots, adware or other harmful programmes or similar computer code designed to adversely affect the operation of computer software or hardware.
9.2 You also agree:
(a) not to reproduce, duplicate, copy, create derivative works from, use for reverse engineering purposes or otherwise use any part of our Platform (including its content) in violation of the provisions of the Terms;
(b) not to use the Platform to build or maintain a product or service that competes with the Platform;
(c) not to reproduce or circumvent the navigational structure or presentation of the services offered through the Platform;
(d) not to gain unauthorised access to, interfere with, cause interference with, or damage: any part or component of our Platform, any equipment or network on which our Platform is stored or through which it is made available, or any software used in the provision of our Platform.
10. Intellectual property rights
10.1 Apart from Own Content, we are the owner or licensee of all intellectual and/or industrial property rights contained in our Platform (including trademarks, logos, graphics, photographs, animations, videos, text as well as other content made available through our Platform) and the underlying programming language (collectively, "Intellectual Rights"). This protection includes our trademarks, our copyrights and our database rights (where and if applicable).
10.2 You do not acquire any rights to our Intellectual Rights other than the limited rights of use expressly provided in these Terms. Thus, our Intellectual Rights cannot be reproduced, used, published, distributed, sold or displayed without the express, prior and written consent of our company. You will also refrain from taking any action that could harm, limit or affect our rights.
10.3 We may further use and commercially exploit any suggestions, feedback or know-how we receive from customers when offering our Platform and/or our Products. We do not owe any compensation for this.
10.4 You warrant that the information about your home or your profile was published by you and that you are the sole author on that profile. You grant Realo a non-exclusive and transferable right, unlimited in time, to use, process, translate or modify on the Platform any data you shared with other members through the Platform, - including but not limited to text, photographs, images, drawings, photo descriptions, etc. - to use, process, translate or modify on the Platform.
11. Links to the Platform and links on the Platform
11.1 In principle, you are free to link to our Platform. Linking to our Platform must always be done fairly and legally and must not damage our reputation nor misuse it. In any event, we do not permit links in such a way as to suggest or imply any form of association or approval on our part where none exists.
11.2 Through our Platform, we may link to third-party platforms and/or content (e.g. the website of a real estate agent, a social network, etc.). These links are purely informative and allow you to consult or request information from third parties. Of course, we do not take any responsibility for the content of those platforms and/or third-party content as we do not have any control over them. Such links should not be interpreted as an endorsement by us of these linked websites. Please also note that these platforms and/or third-party content may be (and often will be) subject to own contractual terms (terms of use, privacy terms, etc.); it is your own responsibility to read these third-party contractual terms and determine whether you agree to them.
Part C: Conditions relating to the use of the Products
12. Ordering Products and subscription plans
12.1 Some Products can be purchased on a one-off basis. For some Products you can also enter into a paying subscription. With each purchase, you will be asked to provide certain information, depending on the Product selected. The conditions for the purchase of each Product are further described on the Platform.
12.2 We only allow the following people to purchase our Products:
(a) persons who are at least 18 years of age (or, if that age is higher, the age prescribed by the law in your country); and
(b) if you register on behalf of a company or legal entity, those persons who guarantee to be authorised by that legal entity to represent it validly.
12.3 If you do not meet the criteria set out in clause 12.2, you cannot order our Products. Any successful attempt to circumvent this will result in the immediate termination of any subscription you have entered into with us. Furthermore, in the event of such an attempt (successful or otherwise), we reserve all our legal rights (including the right to claim damages and block you from further use of the Platform).
12.4 When you subscribe to our Products, you must comply with all applicable laws and regulations applicable to you and we will not be liable or responsible if you act in violation of such laws or regulations.
12.5 As part of our customer management efforts, we will archive the contract we have with you. Nevertheless, we strongly recommend that you also keep the documentation related to your orders in your personal file.
12.6 During the process of purchasing a one-off Product and/or subscribing to one of our Products, we allow you to easily correct any mistakes you may have made during this process. At the final step of your purchase, you will need to complete your details and you will be redirected to the payment page. We strongly recommend that you check in detail all the information you have provided and the selected Products. If you want to change your personal information afterwards, you can always do so via your account.
12.7 It is your obligation, for which you incidentally accept full responsibility, to ensure that all information provided during the ordering process is true, complete and accurate. Any errors or changes must be communicated to us as soon as possible, in which case we reserve the right to cancel the contract.
12.8 After placing an order, you will receive an e-mail from us confirming that we have received your order. You can also check your orders in your account.
13. Price and payment
13.1 For one-off purchases, we always ask for payment in advance. If this is not done (successfully), the transaction will not be able to be completed. When concluding a subscription, applicable amounts are always charged in advance for the relevant subscription period, unless otherwise agreed between us. Access to and use of Products under a subscription plan is conditional upon your full and timely payment of all applicable fees.
13.2 For professional customers, the price always excludes VAT (unless explicitly stated otherwise). For consumers, the price is always inclusive of VAT. Payments are definitively acquired and non-refundable.
13.3 Invoices, unless otherwise provided, are payable to our company within 14 calendar days of invoice date. Where relevant, and for professionals, any late payment will be subject to late payment interest at the rate of twelve per cent (12%) per annum (calculated pro rata) (for a consumer, this is limited to the statutory interest) on the invoice amount plus the increase (see below) which will apply automatically as from the expiry of the payment period. In addition, you will be liable for all additional costs we have to incur to collect the invoice amount, calculated at ten percent (10%) of the invoice amount and this with a minimum of EUR 200 per unpaid invoice and without prejudice to our right to recover additional costs and damages. For consumers, we will first issue a reminder (free of charge), in line with the relevant legal provisions, and the applicable late payment interest and additional damages will be calculated on the basis of the outstanding amount and according to the applicable thresholds under applicable law (e.g. amount due is less than EUR 150,00: EUR 20,00; balance due is more than EUR 150,00 but less than EUR 500,00: EUR 30,00, plus 10% of the amount due between EUR 150,01 and EUR 500,00; etc.).
13.4 Any protest against our invoices must reach us within fourteen (14) calendar days of your receipt of the invoice to allow prompt follow-up. Otherwise, the invoice is deemed irrevocably accepted by you (unless consumer legislation gives you more rights as a consumer).
13.5 You accept that we have the right to send you our invoices electronically. However, you thereby acknowledge that you yourself are responsible for the appropriate storage and safekeeping of our (electronic) invoices and for compliance with all other legal requirements relating thereto.
13.6 You expressly waive, to the extent permissible by applicable law, your right to apply compensation or set-off. This clause does not apply to consumers.
14. Term and notice
14.1 The following rules shall apply to our Products, unless otherwise provided by the parties (e.g. in an order form) and/or in the special conditions applicable to the specific Product.
14.2 At the end of your chosen subscription period, the subscription is automatically renewed for the same period.
14.3 At the end of each cycle for which you have subscribed, you have the right to cancel your subscription. Cancellation must be done before the end of the billing period, otherwise the period will be extended by the same term as the current period (and this for all team members, where applicable). You can cancel the renewal of your subscription in your personal page, but of course you can also do so by contacting us via support@realo.com or via our customer service.
14.4 After the tacit renewal, as a consumer you may terminate the contract at any time without compensation, subject to the notice period stipulated herein, which may not exceed two months.
14.4 We reserve the right to deny you access to the Platform at any time and with immediate effect in case of violations of the Terms (this without prejudice to our right to any additional damages).
15. Important conditions relating to the use of our Products
15.1 The Platform contains Products that you may view and consult on or through the Platform (e.g. information on properties for sale or rent), or order through the Platform (e.g. ordering a report or listing a property). The Platform also allows to upload Own Content under the conditions provided herein (e.g. offering a property for sale). For all these forms of the various Products we offer, we try to provide information that may be useful to you. However, the provision of this information is always done expressly on the basis of an obligation of means (and not an obligation of result).
15.2 Some of our Products are established and compiled by us, other Products or information are provided by third parties.
(a) Where we compile the information in our Products ourselves, this will always be done to the best of our ability (obligation of means and not of result) and based on information made available to us by public sources. Some forms of information we provide are based on mathematical algorithms and models where it always remains a subjective assessment based on available information. These algorithms and models are our trade secrets and we have no obligation to disclose them. Although it is our intention to provide the most accurate information possible at all times, please note that this information may be inaccurate, incomplete or not up-to-date. Therefore, we do not (and cannot) guarantee that this information, and our Products based on it, will be complete, correct, and up-to-date at all times.
(b) The information provided by third parties (e.g. Own Content posted by a user, such as information on properties for sale or rent) is issued on the responsibility of those third parties. We only facilitate access to this information via the Platform. We therefore do not give any guarantee that this information is complete, correct, and up-to-date.
15.3 The information on the Platform is therefore offered on an “as is” basis. We do not guarantee the reliability, accuracy, completeness or suitability of this information or our Products for your specific purpose. It is your responsibility to determine the extent to which the Products meet your objectives or needs. Nor do we control the quality, compatibility or safety of our members or the truthfulness, accuracy or completeness of our members' postings on the Platform. You are aware that, notwithstanding the prohibitions set out in these Terms of Use, material on the Platform may be inaccurate or misleading.
15.4 In view of what precedes, the information we make available through our Platform and Products is therefore only one source of information that you can take into account for your specific purposes. It cannot be considered legal, financial or other professional advice. Furthermore, you should not use the Products as the sole source of information but should always consult other sources for your specific purposes or decision making. The reference to our Products in a commercial context (e.g. as a condition for entering into an agreement, a partnership, etc.) is therefore solely and always at your own responsibility.
15.5 Should you, as a customer or third party, consider that the information displayed on our Platform or in our Products is incorrect, you can always contact us using the contact details included in section 1 of these Terms of Use. We will then consider to the best of our ability whether that query can be addressed, but without prejudice to the automatic nature of our algorithms and mathematical models which we maintain to the best of our ability.
16. Platform availability
16.1 While we make reasonable efforts to make and keep the Platform (including its content and Own Content) available to you, we do not warrant or guarantee that the Platform, including any content provided on or through the Platform, will be accessible at all times or that access will not be interrupted. We therefore accept no liability if the Platform, or parts of the Platform, is/are temporarily unavailable or limited in access for any reason.
16.2 You also accept that we may carry out maintenance to the Platform from time to time, which may result in the Platform being wholly or partially unavailable. We will of course endeavour to keep this unavailability to a minimum.
16.3 We take reasonable steps to ensure that the Platform is operational and bug-free. However, the nature of the internet and software (products) prevent that we are able to guarantee continuous and error-free operation. We therefore do not (and cannot) guarantee that our Platform, or any functionalities thereof, will be free from errors or defects.
16.4 Nor are we liable for any loss or damage caused by any form of malware (virus, DDOS attack, or other technologically harmful material) that may infect your computer equipment, computer programmes, data or other material as a result of your use of our Platform.
Part D: Specific conditions for the use of Products
17. Subscription to posting of properties
17.1 Properties are placed based on the data provided to us in the agreed manner. The user is solely responsible for the correctness and completeness of the data provided. In the case of intermediaries (e.g. estate agents), those intermediaries guarantee that they are fully authorised to promote the properties concerned. In the case of an owner, the owner guarantees to have all rights to sell or rent the property.
17.2 The level of availability and performance of the publications may vary according to circumstances and we reserve the right to adjust the mode/place of publication.
17.3 In case of interfacing with real estate brokerage software, the actual consumption of any costs charged by the software supplier to our company will be charged in full on a quarterly basis.
17.4 In addition to the other provisions on liability set out in these Terms of Use, the parties accept that the total liability between the parties for defective or incomplete performance of the agreement is limited to a maximum amount of EUR 5,000.00 in principal, interest and costs, barring fraud or wilful misconduct.
18. Subscription to Realo Seller™ (for professionals only)
18.1 Under this subscription formula, we will forward interested sellers/owners (seller leads, hereinafter "leads") to the real estate office. The availability and performance of these leads may vary and we have the right to change the delivery method and postcodes of the leads. The agreement between us is binding upon our confirmation of the assignment, or by us sending leads to the real estate broker.
18.2 The real estate agency confirms that it has BVI accreditation (or similar accreditation) as well as all other legal requirements related to real estate brokerage and wishes to work with the company to further assist these leads in selling/leasing the property.
18.3 The real estate agency will be eligible to receive leads in the postcodes described in the order form and pays a monthly fee for this. We cannot guarantee that sellers will be forwarded as the agency is always introduced to the seller first and the latter subsequently has to register.
18.4 A forwarded lead must be accepted by the real estate agency, even if it does not turn out to be a good lead. The real estate office will always forward the estimation report free of charge. We can check the quality of service provided by the real estate office at any time.
18.5 Neither party owes exclusivity to each other.
18.6 In addition to the other provisions on liability set out in these Terms of Use, the parties accept that the total liability between the parties for defective or incomplete performance of the agreement is limited to a maximum amount of EUR 5,000.00 in principal, interest and costs, barring fraud or wilful misconduct.
19. Subscription to Realo Valuations & Explorer™ (for professionals only)
19.1 The agreement between our company and the customer is binding after our confirmation of the order. The customer enters into a Valuations subscription where a number of estimates can be made per period. The administrator of a company account can grant multiple users access via the team page so that each user has a personal account. It is not allowed to share or pass on this personal account with other persons.
19.2 There are no limits on report downloads; so you can generate as many estimation reports as you want per address. We use the term 'estimate' as a short term for 'estimation address'. This means we limit usage based on the number of addresses you add, not the number of reports you download.
19.3 Neither party owes exclusivity to each other.
19.4 In addition to the other provisions on liability set out in these Terms of Use, the parties accept that the total liability between the parties for defective or incomplete performance of the agreement is limited to a maximum amount of EUR 5,000.00 in principal, interest and costs, barring fraud or wilful misconduct.
Part E: Your additional rights as a consumer
20. Provisions specific to consumers
20.1 As indicated in these Terms of Use, you may use the Platform and certain Products as a consumer. This only applies if you qualify as a consumer in accordance with the criteria set out in the applicable legislation. If you qualify as a consumer, you must take the following provisions into account, in addition to the other provisions set out in these Terms of Use.
20.2 As a consumer who takes out a subscription, you do not have a right of withdrawal under consumer legislation. As soon as you take out a paying subscription, we will provide you with digital content that is not supplied on a tangible medium. As a consumer, you expressly agree that the execution of our agreement will begin immediately after conclusion of the subscription. This allows you to use our Products immediately. Please be aware, however, that you thereby lose your right of withdrawal. Notwithstanding the above, we would like to remind you that at the end of your subscription, you can simply cancel your subscription.
20.3 We once again inform you that our agreements are entered into for the term as stated in the applicable subscription plan and they are tacitly renewed unless cancelled. In thi respect, see article 14.
Part F: Important other legal provisions
21. Risk allocation
21.1 To the fullest extent permitted by law and given the specific nature of the services and information we make available through our Products, we exclude our liability for any type of damage, costs or any other loss whatsoever when arising out of or in connection with the use of the Platform and/or the Products. However, nothing in these Terms of Use excludes or limits our liability where such exclusion or limitation is not permitted by applicable law, including in case of our wilful misconduct or gross negligence (in case you are using the Platform as a consumer).
21.2 In no event shall we be liable to our customers for any indirect or consequential damages, including (but not limited to) loss of opportunity, loss of data, emotional damage, loss of time, loss of opportunity, loss of business, increase in debt and inability to realise expected profits.
21.3 In any event, our (contractual and extra-contractual) liability is limited to direct damage (excluding the damage provided for in article 21.2 above), subject to the following maximum. Our full and integral liability (i.e. not per claim) for those cases attributable to us under the Terms and applicable law shall in any case be limited to an amount equal to the fees paid by the relevant customer to our company in the year in which the harmful event occurs (or in case of harmful events spread over several years, the first year thereof).
21.4 On the other hand, you shall indemnify us as a customer for all costs, losses and damages resulting from any claim that a third party would make against our company as a result of your use of our Products as a customer, your posting of Own Content, or because of a reference to certain information or parameters in our Products, in violation of the Terms and which would allegedly cause damage to the third party in question. You also indemnify us for all costs, losses and damages resulting from your use of the Platform and/or the Products in breach of the Terms.
21.5 We are not responsible or liable for matters or circumstances beyond our control (e.g. internet failures, unavailability of technology networks, delays or malfunctions at third-party suppliers, inaccurate or misleading nature of Own Content, etc.).
21.6 This item 21 is without prejudice to, and is in addition to, the other provisions on liability and risk allocation set out in the Terms.
22. Confidentiality and protection of personal data
22.1 The parties will execute their agreement while respecting the professional secrecy of the real estate agency and its brokers (where relevant). The parties undertake, both during and after the termination of the agreement concluded between them, for a period of 2 years, not to use or disclose any confidential information of which they become aware during the execution of this agreement, unless with the prior and written consent of the person who disclosed such confidential information or of the person from whom they obtained such confidential information. The parties do agree that transaction data relating to a property (e.g. property characteristics, location, posted price, etc.) do not constitute confidential information.
22.2 To a certain extent, we process your personal data as a visitor and user. The way in which we process these and your rights in that respect are further explained in our privacy statement.
22.3 In addition, on the Platform we provide an information document explaining how we collect and process data to make the content on our Platform available to our visitors and users. You can consult that document at any time for further information. In it, we also explain how to contact us should you have any questions.
23. Entire agreement
23.1 Any transaction between you and our company is governed solely and exclusively by the Terms. The application of general and/or special (purchase) conditions of our visitor, user or customer, however named and/or referred to and regardless of whether they regulate circumstances not addressed in these Terms, is hereby expressly rejected. Any express or general principle of law which states (or would have the effect of stating) that in the event of conflicting terms and conditions of the parties, such conflicting terms and conditions shall be deemed void, invalid or unenforceable (e.g. the so-called "knock-out" theory), shall not apply.
23.2 The agreement between the parties as set out in writing contains the entire agreement relating to the use of the Platform and our Products, and supersedes any prior negotiations, discussions and documents.
24. Use of logos
24.1 As a real estate agency, you hereby expressly consent that our company may use the name, logo, photos of the real estate agency or its brokers and publication information relating to the real estate agency and its brokers on the Platform made available to third parties.
25. Binding force and waiver of right
25.1 If one or more provisions (or part thereof) of these Terms should be declared void or unenforceable pursuant to a final decision of a court of competent jurisdiction, the remaining provisions shall retain their binding force and scope without any modification. The parties will then replace the void or unenforceable provision (or part thereof) with a new provision that embodies as much as possible, and to the extent permitted by law, the original intention of the provision declared void or unenforceable.
25.2 Failure by either party to exercise rights in whole or in part cannot be deemed a waiver. Any waiver shall require the party waiving its right to expressly confirm that such right has been waived.
25.3 The rights set out in the Terms are cumulative, i.e. reliance on one right does not exclude the application of another right.
26. Logs and monitoring of Platform usage
26.1 We will log certain activities of our visitors and users (each a “Log”) for evidence purposes and to detect and resolve any problems that may arise.
26.2 By using the Platform, you agree that we may use Logs for audit and evidence purposes (e.g. information provided during registration, activities on the Platform, etc.). The parties accept the evidential value of the Logs and that they may be used in a dispute and/or to verify your compliance with the Terms.
26.3 The rights set out in the clauses 26.1 and 26.2 expressly do not affect the legal means of proof on which a party (acting as a consumer or non-consumer) may rely.
27. Anti-discrimination clause
27.1 Anti-discrimination legislation prohibits any form of discrimination based on (among other things) nationality, so-called race, colour, descent, national or ethnic origin, age, sexual orientation, marital status, birth, wealth, religion or belief, political or trade union affiliation, language health condition, disability, physical or genetic characteristic and social origin.
27.2 Users of the Platform must respect anti-discrimination laws and may not use Platform data to discriminate or commission discrimination.
If Platform data is used in violation of anti-discrimination legislation, it can be reported to the Interfederal Centre of Equal Opportunities directly (http://unia.be/nl/discriminatiegronden) or through local contact points (http://unia.be/).
27.4 We also reserve the right to notify this institution of any use made of Platform data in violation of anti-discrimination legislation and to terminate membership in such a case.
27.5 More information on anti-discrimination legislation is available on the website of Unia (http://www.diversiteit.be).
28. Changes to the Terms and Platform
28.1 We reserve the right to change the Terms at any time without prior notice. You can always find the last revision date of the Terms at the end of the relevant document. By continuing to use the Platform with amended Terms, you agree to be bound by the amended Terms. If you do not agree, you must stop using the Platform after the entry into force of the amended Terms.
28.2 If the changes have a negative effect on a service you paid for, you have the right to cancel that service and receive a pro rata refund, provided you notify us within a period of 30 days since the change of the Terms have been announced.
28.3 In any case, we strongly encourage you to consult the Terms from time to time.
28.4 In order to offer new services and functionalities, improve or modify our services and/or respond to changes in regulations or commercial needs, we reserve the right at any time, without prior notice, to modify all or part of the Platform and to change certain of its functionalities, replace them with other functionalities or discontinue them altogether. You will not be entitled to compensation in such case, but we will endeavour to preserve the basic functionality of our Platform.
29. Force majeure
29.1 We are not liable for cases of force majeure that delay or prevent the performance of our agreement with you. Force majeure is any circumstance beyond the reasonable control of our company. Among others, but not limited, are considered force majeure events: strike, natural disasters, flood, fire, occupation, extreme weather conditions, government measures, technical defects, problems with internet supply or network issues, cases of cyber crime such as hacking, problems with our third-party service providers such as hosting providers.
30. Transfer
30.1 We have the right to transfer the agreements with our customers (including the Terms) at any time in the event of a reorganisation and/or restructuring of our business (e.g. in the event of an acquisition, split-off, merger, demerger, investment, etc.). We do not need the consent of our customers for this but will notify them.
31. Interpretation
31.1 The subdivision of the Terms into various titles and sub-titles has been added only for the convenience of the reader. Such subdivisions cannot be used to interpret the clauses (or parts thereof) concerned.
32. Termination of the agreement
32.1 The provisions of the Terms that are intended to survive the termination of our contractual relationship (for whatever reason), will so continue after termination and be in force as such between the parties.
33. Applicable law, competent court and follow-up of complaints
33.1 Belgian law applies to the agreement we have with you, to the exclusion of the referral rules set out in private international law.
33.2 All disputes relating to the use of the Platform, our agreement and the interpretation and performance thereof, shall fall within the exclusive jurisdiction of the competent courts in the judicial district of East Flanders, Ghent Division, Belgium. This is of course without prejudice to any consumer law rules that would provide otherwise.
33.3 Of course, we prefer you to contact us at all times in case of a discussion or complaint, so that we can see if we can resolve the issue amicably. We make every effort to respond to you as quickly as possible.
33.4 Finally, please also note that an online platform has been set up within Europe to handle consumer complaints about online services. If we have not responded appropriately to a complaint, as a consumer you can always use this platform (without obligation, however). You can find this platform and accompanying explanations via this link.
33.5 Immoweb S.A. provides tools to Owners and Sellers to estimate the price of a property and the ability to track changes in this price over time through regular e-mail updates.. An essential part of this service consists in putting the Owners and Sellers in contact with a real estate professional for free . All estimates obtained are for information purposes only. If the term valuate/valuation is used – it should be understood as estimate/estimation. When you have a concrete sales project, Immoweb will bring you in contact with a Real Estate Professional to support you in the refinement of the value of your property. Immoweb S.A. is not responsible and cannot be held liable for the services provided by a Real Estate Professional.
It should be noted that the advice given under this clause is provided for information purposes only and that no rights can be derived in the context of a current sale project or in the context of a future sale project.
© Realo NV – Last modified July 2024
