The term ‘ReSales Online’ or ‘ReSales Andalucia SL’ or ‘us’ or ‘we’ refers to the owner of the website with offices at Centro Comercial Guadalmina 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670 Spain, CIF number B92950096. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Spain.
SOFTWARE LICENCING AGREEMENT:
When signing up to the ReSales Online service, you agree to the Terms and Conditions of this licence which will bind you and your employees. If you do not agree to the terms of this licence, we are unwilling to license the software to you and you will not be able to access the software.
This licence agreement is a legal agreement between you (the Member Agent) and ReSales Andalucia S.L. at Centro Comercial Guadalmina 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670 Spain, CIF number B92950096 for use of the ReSales Online web-based software service.
The purpose of ReSales-Online, a product created by ReSales Andalucia S.L., is to allow its members to list, search for, promote and sell properties on the ReSales-Online property sharing database. ReSales Andalucia S.L. undertakes to keep the database as up-to-date as possible. For this to occur, Member Agents will need to adhere to the conditions as stated in this document.
Both parties recognise themselves and each other capable and with authority to issue and execute this Contract.
Furthermore, The Member Agent agrees to use ReSales-Online solely for the purpose of listing, searching for, promoting or selling properties to their clients.
1. Property Listing
The Member Agent agrees :
- To list properties on ReSales-Online as accurately as possible and keep those properties as up to date as possible.
- To provide no less than one photograph for each property listed and each photograph should be no greater than 200 Kilobytes in size.
- Photographs uploaded to a property listing should be those taken by the listing agent or their staff or provided to the listing agent directly by the property owner or listing source.
- Photographs for ReSales Online cannot contain any of the following:
- Watermarks (eg: company, name, initials, phone number, website, etc.).
- For Sale sign.
- Images of company cars.
- Any other information identifying the listing agency or property owner.
- That it is not acceptable to copy photographs or property descriptions from other Member Agents listings to use for their own listings of the same property.
- That they can only list properties on the Shared database if they have the listing direct from the property owner. Any listings via a 3rd party intermediary will be set to Not Shared and will only be available to the listing agent.
- That they are responsible for the content and accuracy of their own property listings on ReSales-Online and that ReSales Andalucia S.L. is exempt from any liability arising as a consequence of inaccurate content.
- Not to use false information when listing a property (e.g.false photos, prices, property sizes, descriptions, features, or address). Habitual provision of false information could lead to cancellation of service if the property is shared on the Network database.
- To adhere to additional listing conditions that may be specific to their business’ geographical location or local laws. These conditions are available on request by emailing firstname.lastname@example.org.
- That they may display the property listings of other Member Agents (obtained via XML feed, iFrame or Ajax Calls) only on their own website(s), and in accordance with the sharing permissions that have been set by the Listing Agent in the system.
- That they are prohibited from providing details of other Member Agents’ property listings (obtained via XML feed, iFrame or Ajax Calls) to any 3rd party other than for the express purpose of displaying the details on their own website(s).
- Member Agents may only supply their own listings (own property feed) to property portals, other software system, or similar.
- They may provide another Member Agent’s listings to property portals, other software systems, or similar, only in the case that:
- they have the express permission of the individual listing agent(s), and
- the listing agent(s) provides an ‘Own Properties’ feed to the other agent directly.
- Property feeds supplied by ReSales Online are only authorized to be used as in Points 1. i, j, k, l, m. above.
- Improper use of feeds containing property listings of other Member Agents will be deemed as a breach of contract and provide ReSales Andalucia SL with the option to cancel service with the Member Agent.
The Member Agent agrees :
- To set a property to the “sold” status once a property reservation has been taken.
- Not to knowingly inaccurately report the status of any property.
- To report accurately and promptly the status of their properties when so requested by ReSales Andalucia S.L., or any of the ReSales Online Member Agents, either electronically or by any other means.
The Member Agent agrees :
- Access to ReSales Online is given on a pre-paid basis.
- On the day that fees are due a notification bill will be issued.
- In the case of a payment failure by the due date, the Member Agent will be allowed 7 days grace to make a successful payment. If a successful payment is not made within the 7 day grace period, access to ReSales Online will be cut off at end of business on the 7th day.
4. Refund Policy
Since ReSales Online is offering a web-based service we do not issue refunds once the payment has been taken and access is provided. As a Member Agent you are responsible for understanding this upon completing a payment transaction. Usage of the ReSales Online system is the Member Agent’s own responsibility and failure to login to the system is not grounds for a refund.
5. Data Protection
- In fulfilment of the LOPD we would inform you that the present contract will be incorporated in the CLIENTS’ file of Resales Andalucia, S.L. for purposes of administration, invoicing, and to allow its members to list, search for, promote and sell properties on the ReSales-Online property sharing database. The rights of access, rectification, cancellation and opposition can be exercised by writing to Resales Andalucia, S.L. at Centro Comercial Guadalmina, 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670, Spain.
- Only non-sensitive information will be shared among agencies on the system.
- ReSales Andalucía undertakes to protect all sensitive information contained within ReSales-Online in accordance with the Spanish law – La Ley Orgánica 15/1999 de 13 de Diciembre de Protección de Datos de Carácter Personal (LOPD). Addresses, client and key holder information, directions and any other sensitive property information will only be made available to the Agency which listed the property.
- The Member Agent agrees to exclude ReSales Andalucia S.L. and all its employees from any liabilities arising from any dispute between the Member Agency and any other party.
- ReSales Andalucia S.L. is not responsible for the content of ReSales-Online. The content is provided by the members and while ReSales Andalucia S.L. will do its best to ensure its accuracy, this cannot be guaranteed. If any errors or omissions in property listings occur, then ReSales Andalucia S.L. is excluded from any liabilities that may arise.
- The Member agent agrees to use the ReSales-Online database expressly for the use of selling, searching for, promoting and listing properties. Any other use of the software will be deemed a breach of contract.
- The software is only used on computers authorized by ReSales-Online.
- The Member agent agrees that use of the software will be withdrawn immediately upon termination of this contract no matter what the cause of termination may be.
- The Member Agent releases ReSales Andalucia S.L. from all liability in the case of system or access problems. However, ReSales Andalucia S.L. will do its best to provide a running system for its Member Agents.
- ReSales Andalucia S.L. reserves the right to monitor and log user actions in the system.
- The Member Agent authorises ReSales Andalucia S.L. to produce these logs in the case of any dispute involving ReSales Andalucia S.L. and any of the Member Agents.
- The Member agent agrees to not use any external software to access Resales Online data.
- Any additional data related to properties listed on the database that has been acquired from external data sources (i.e. from sources other than our clients or from system usage logs) remains the sole property of ReSales Andalucia SL. ReSales Andalucia SL reserves the exclusive right to use this data as well as the right to grant or deny access to this data to any entity.
- The Member Agent agrees that their agency owns all user content contributed to the system via their agency's user accounts, but hereby grants and agrees to grant Resales Andalucia SL a non-exclusive, worldwide license to use, copy, cache, modify, translate, publish, display, distribute, store, and create derivative works of such user content (“Content license”) in order to provide and promote the services.
- This contract has been agreed upon by both parties and both parties agree that this contract remains in effect until cancelled in writing by either party.
- If a Member Agent wishes to cancel this contract, they may do so at any time, by informing ReSales Andalucia S.L. in writing.
- If ReSales Andalucia S.L. wishes to cancel this contract due to breach of contract, they may do so by informing the Member Agent in writing.
- This contract is governed by its own clauses, by the conditions of collaboration established, accepted and signed by the parties in this document, and by default, by the Commercial Laws of Spain, other pertinent Laws and mercantile practices and Civil Code of Spain. In the event of dispute, both parties agree to refer to a lawyer appointed by the College of Lawyers of Málaga (Colegio de Abogados de Málaga) and to be bound by the decision of said lawyer.
- Breach of any of the conditions of this contract provides ReSales Andalucia SL with the option to cancel this contract.
- Cancellation of service requests can be made at any time and must be submitted either by email to email@example.com or by writing to ReSales Andalucia SL, Centro Comercial Guadalmina 4, Edificio 2, Local 86, San Pedro de Alcantara, Málaga 29670 Spain and must contain the date that you wish to terminate service.
- On the day of receipt of your cancellation request, your account will be set to expire on the date that you have specified. No refunds will be issued.