Please read these terms and conditions (“Terms of Use”) carefully as they apply to your use of www.micasamo.com (“Website”) and the service provided (“Service”) by Micasamo Realty SL (“Micasamo”). By using the Website and/or the Service in any manner you agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Website and/or Service. If you do not agree to these Terms of Use, you must not use the Website.
The Website is operated on behalf of Micasamo, a company limited by shares (trading as Micasamo), registered in Spain under company number: CIF: B-01832419 and whose registered office is at Bellavista Business Centre, Office 6, La Manga Club, Murcia, 30389, Spain.
The term “you” refers to any user of the Website. The term “your” shall be interpreted accordingly. Use of the Website includes accessing, browsing or registering to use the Website.
By using the Website you agree to comply with and be bound by these Terms of Use which, together with the Privacy Policy (available at https://www.micasamo.com/privacy-policy), Cookie Policy (available at https://www.micasamo.com/cookie-policy), and all other rules, policies and procedures and any additional terms and conditions that Micasamo may publish from time to time on the Website.
Micasamo may revise these Terms of Use from time to time by updating this page. The revised Terms of Use will take effect from when you next use the Website and/or Service after they are published and your continued use of the Website constitutes your acceptance of any changes. Micasamo may also impose limits on certain features of the Website and/or Services and/or restrict your access to parts or all of the Website and/or Service without notice or liability to you.
You may not use the Website or Service if you are below the age of 18 or if you are otherwise unable to form a legally binding contract. Micasamo may, in its sole discretion (and without being required to give a reason), refuse to offer the Service to any person or entity and change the eligibility criteria for access to the Website at any time. If you no longer meet the eligibility criteria for the Website your access may be suspended or terminated without notice or liability to you.
1. SUMMARY OF SERVICE
Micasamo sources properties in Spain which are available for purchase. Micasamo invites prospective sellers of such property to use the Website as a platform to advertise their property for sale. The majority of property featuring on the Website is exclusively advertised on the Website. Micasamo engages licensed brokers, management companies or other specialist third parties in the relevant territory to carry out an inspection of each property before it is presented on the Website. The purpose of the inspections is to verify that properties appearing on the Website (“Micasamo Properties”) are in a rentable condition and are not encumbered by outstanding debts, charges and/or liens. Micasamo provides information on the Website in relation to each Micasamo Property to help prospective buyers assess the potential merits of purchasing a Micasamo Property. Registered users of the Website are able to Reserve (as defined in the Micasamo Agreement) a Micasamo Property subject to the terms and conditions of the Micasamo Agreement (as defined below) while a formal offer to purchase is made. Micasamo assists buyers of Micasamo Property by introducing them to and/or engaging on their behalf, third party professionals and specialists in the relevant territory who are able to provide legal and/or banking and/or administrative services and other services related to the acquisition, management and sale of property.
2. ACCESS
2.1. You may be able to access parts of the Website without having to register any details with Micasamo. However, from time to time certain areas of the Website may be accessible only if you are a registered user.
2.2. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2.3. Micasamo makes reasonable efforts to ensure that the Website is available 24 hours a day throughout each year, however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond the control of Micasamo; required updating, maintenance or repair or any decision taken by Micasamo to suspend the Website or any part of it. Micasamo may suspend, withdraw, discontinue or change all or any part of the Website without notice. Micasamo will not be liable to you if for any reason the Website is unavailable at any time or for any period or permanently.
2.4. Where possible Micasamo will try to give you advance warning of maintenance issues but shall not be obliged to do so.
3. RULES AND CONDUCT
3.1. You may not use the Website or Service for any purpose that is prohibited by the Terms of Use or Applicable Law (including the jurisdiction you are in when you access the Website). The Website and Service are provided only for your own personal, non-commercial use. You shall not use the Website or Service in any way or permit any third party using your account to use the Website in any way that:
3.1.1. breaches any Applicable Law;
3.1.2. is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
3.1.3. is intended to harm or potentially harm any person;
3.1.4. constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters.
3.2 You also agree not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms of Use.
3.3. Additionally, you shall not: (i) take any action that interferes with, damages or disrupts, or may interfere with, damage or disrupt (as determined by Micasamo in its sole discretion) any equipment or network or software or hardware owned or used by Micasamo or any third party; (ii) interfere or attempt to interfere with the proper working of the Website or Service; (iii) bypass any measures Micasamo may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
3.4. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the extent Applicable Laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
3.5. Any Content which you add, create, upload, submit, distribute or post to the Website (“Submissions”) must:
3.5.1. be accurate (where it state facts);
3.5.2. be genuinely held (where they state opinions); and
3.5.3 comply with Applicable Law.
3.6. Content must not:
3.6.1. contain any material which is defamatory of any person;
3.6.2. contain any material which is obscene, offensive, hateful or inflammatory;
3.6.3. contain any sexually explicit material;
3.6.4. promote violence;
3.6.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.6.6. infringe any copyright, database right or trade mark of any other person;
3.6.7. be likely to deceive any person;
3.6.8. be made in breach of any legal duty owed to a third party;
3.6.9. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.6.10. be likely to harass, upset, embarrass, alarm or annoy any other person;
3.6.11. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
3.6.12. give the impression that it emanates from Micasamo, if this is not the case.
3.7. When you give Micasamo content you grant Micasamo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), licence to use, display, distribute and reproduce such Content in whole or in part in any media, including via our partners’ websites.
3.8. You warrant that all Content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify Micasamo and keep Micasamo indemnified against any claim against Micasamo by any third party in relation to any such infringement.
4. REGISTERING ON THIS WEBSITE
4.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken by you or any third party when logged into the Website with your chosen username and password.
4.2. By registering on the Website you undertake:
4.2.1. that all the information you provide to Micasamo is true, accurate, current and complete in all respects;
4.2.2. to notify Micasamo immediately of any changes to the information provided on registration;
4.2.3. that you are 18 years old or over;
4.2.4. to only use the Website using your own username and password;
4.2.5. to keep your username and password safe and confidential and not disclose either to any person or permit any other person to use them;
4.2.6. to change your password immediately upon discovering or suspecting that it has been compromised and promptly notify Micasamo of the same;
4.3. You authorise Micasamo to transmit your name, address and other personal information supplied by you (included updated information) to third parties in order to obtain information about you from third parties so that Micasamo may authenticate your identity and eligibility to use the Website.
4.4. Micasamo reserves the right to refuse registration of, or cancel, a username and domain in its sole discretion.
4.5. Registering with Micasamo is free. However, Micasamo does charge registered users who enter into the Micasamo Agreement a fee for the supply of services in accordance with and subject to the terms and conditions of the Micasamo Agreement (“Service Fee”).
5. ROLE OF MICASAMO
5.1. Micasamo helps facilitate the sale and purchase of Micasamo Property and provides Services in respect thereof. However, Micasamo is neither the buyer nor the seller of Micasamo Property. The contract formed at the completion of a sale of Micasamo Property is solely between the buyer and seller. Micasamo is not a party to this contract nor assumes any responsibility arising out of or in connection with it. The seller is responsible for the sale of the Micasamo Property and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
5.2. Micasamo is not liable for your interactions or dealings with any organisations and/or individuals (“Affiliates”) found on or through the Website or Service. Micasamo does not oversee, regulate or guarantee the performance and/or delivery of services which are offered or performed by Affiliates and are not responsible for any damage or loss incurred as a result of any dealings between you and Affiliates or any other third party. Micasamo is under no obligation to become involved in disputes between you and Affiliates or any third party. In the event of a dispute, you release Micasamo, Micasamo’s officers, employees, agents and successors from claims, damages and demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
5.3. Micasamo shall not be liable for the actions of users of the Website (including but not limited to buyers and sellers of Micasamo Property). Micasamo reserves the right to remove a property posting from the Website for any reason.
6. CONTENT
6.1. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Micasamo, or from the copyright holder identified in such Content’s copyright notice.
6.2. You shall not sell, license, rent, reverse engineer (save to the extent permitted by applicable law) any Content consisting of downloadable software or otherwise use or exploit any Content for commercial use or in any way that violates any third party rights.
6.3. Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you.
6.4. Micasamo does not guarantee the authenticity or accuracy of any Content. You acknowledge that all Content accessed by you using the Website is accessed and relied upon at your own risk and you will be solely responsible for any damage or loss that you or any third party may suffer resulting from accessing or relying on Content.
6.5. You acknowledge that the Intellectual Property Rights in the Content shall remain with Micasamo or its licensors.
6.6. No licence is granted to you to use any of Micasamo’s trade marks.
7. DISCLAIMER
7.1. It shall be your responsibility to ensure that any properties, services or information available through the Website meet your specific requirements.
7.2. Micasamo attempts to ensure that the information available on the Website is accurate. However, Micasamo does not guarantee the accuracy or completeness of material on the Website. Micasamo use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. Micasamo makes no commitment to ensure that such material is correct or up to date.
7.3. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
7.4. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and Micasamo makes no warranties or guarantees, whether express or implied unless otherwise expressly stated in these Terms of Use or required by law in relation to the information, materials, Content or services found or offered on the Website.
7.5. Micasamo will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Website and Micasamo accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
7.6. You must bear the risk associated with the use of the internet. In particular, Micasamo will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted on the Website or from any website linked to it.
8. SUSPENDING OR TERMINATING YOUR ACCESS
8.1. Micasamo reserves the right to terminate or suspend your access to the Website immediately and without notice to you if:
8.1.1. you breach any of the terms of these Terms of Use, Privacy Policy, Cookie Policy or other rules, conditions or restrictions posted on the Website (repeatedly or otherwise);
8.1.2. you are impersonating any other person or entity;
8.1.3. when requested by Micasamo to do so, you fail to provide Micasamo within a reasonable time with sufficient information to enable Micasamo to determine the accuracy and validity of any information supplied by you, or your identity;
8.1.4. Micasamo suspects you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website;
8.1.5. if Micasamo otherwise determines to withdraw your access to the Website.
9. REVIEWS
9.1. You acknowledge that any review, feedback or rating which you leave may be published by Micasamo on the Website and you agree that it may be displayed for as long as Micasamo considers appropriate and that the Content may be syndicated to Micasamo publications or marketing materials.
9.2. You undertake that any review, feedback or rating that you write shall comply with the terms of these Terms of Use.
9.3. You agree to indemnify and hold Micasamo harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of Intellectual Property Rights.
9.4. You grant Micasamo a non-exclusive, royalty-free, worldwide license to use or edit any reviews posted by you.
9.5. Micasamo reserves the right to publish, edit or remove any reviews without notifying you.
10. LINKING TO THE WEBSITE
10.1. You must not create a link to the Website from another website, document or any other source without first obtaining Micasamo prior written consent and such consent if given may be subject to such conditions as Micasamo determines and such consent if given may be withdrawn at any time.
10.2. Micasamo have not reviewed sites linked to the Website and is not responsible for the content or accuracy of any off-Website pages or any other sites linked to the Website (including without limitation websites linked through advertisements or through any search engines).
11. PERSONAL DATA AND COOKIES
11.1. In using the Website you may provide Micasamo with “personal data” as defined in the Data Protection Act 1998. You have certain rights in this personal data. By using this Website you grant Micasamo the consent to use your personal data in accordance with the Privacy Policy [insert hyperlink].
11.2. In using the Website you grant to Micasamo the consent to undertake cross-border transfers of your personal data globally in accordance with the Privacy Policy.
11.3. Your use of the Website may be subject to use by Micasamo of “cookies”, which are text files placed on your computer to temporarily store information. Micasamo’s use of cookies is subject to its Cookie Policy [insert hyperlink].
11.4. Micasamo may store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. For a complete description of how Micasamo use and protect your personal information, see the Privacy Policy. If you object to your information being transferred or used in this way please do not use the Service.
11.5. Micasamo reserves the right to disclose such information to law enforcement authorities as Micasamo reasonably feels is necessary should you breach these Terms of Use.
12. CANCELLATION
12.1. Where you are required to register with Micasamo, you may cancel such registration at any time by notifying Micasamo at hello@micasamo.com.
12.2. Micasamo may also cancel your registration if you do not visit the Website for an extended period of time, or if Micasamo reasonably believes that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these Terms of Use, or have violated Micasamo’s rights or those of another party.
12.3. Following cancellation Micasamo may retain any information you submitted as part of the registration process, and any transaction information arising from your use of the Website and Service, for such period as may be required by Applicable Laws.
12.4. The provisions of these Terms of Use entitled “Disclaimer”, “Limitation of Liability and Indemnity”, “General” and “Governing Law and Jurisdiction” will survive cancellation of your registration or termination of these Terms of Use.
13. LIMITATION OF LIABILITY AND INDEMNITY
13.1. Notwithstanding any other provision in these Terms of Use, nothing in these Terms of Use will exclude or limit Micasamo’s liability for:
13.1.1. death or personal injury resulting from Micasamo’s negligence;
13.1.2. fraud or fraudulent misrepresentation; or
13.1.3. any other liability that cannot be excluded or limited by English law.
13.2. Micasamo will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with use of, or inability to use, the Website or use of or reliance on any Content displayed on the Website even if such losses are foreseeable or result from a deliberate breach by Micasamo of these Terms of Use or as a result of any action Micasamo has taken in response to your breach of these Terms of Use:
13.2.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
13.2.2. any loss of goodwill or reputation;
13.2.3. any consequential or indirect losses;
13.2.4. any loss of data;
13.2.5. wasted management or office time; or
13.2.6. any other loss or damage of any kind.
13.3. If you buy any goods or services from a third party seller or Affiliate through the Website, the seller’s or Affiliate’s individual liability will be set out in their own terms and conditions.
13.4. You agree to fully indemnify, defend and hold Micasamo, and Micasamo’s officers, directors, and employees, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms of Use by you, or any other liabilities arising out of your use of the Website or any other person accessing the Website using your personal information with your authority.
13.5 This clause 13 does not affect your statutory rights as a consumer.
14. GENERAL
14.1. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these Terms of Use and the remainder of the provision in question will not be affected.
14.2. All contracts are concluded and available in English only.
14.3. If Micasamo fails, at any time to insist upon strict performance of any of your obligations under these Terms of Use, or if Micasamo fails to exercise any of the rights or remedies to which Micasamo is entitled under these Terms of Use, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations under these Terms of Use.
14.4. A waiver by Micasamo of any default shall not constitute a waiver of any other default.
14.5. No waiver by Micasamo of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.6 The Micasamo website has been developed is managed by Paramarq Ltd, UK. The Micasamo website is the copyright of Paramarq.
All property listings are advertisement supplied by Micasmo to Paramarq and do not constitute property particulars.
While Paramarq Limited requests all advertisement details are correct, it does not carry out checks on the information supplied and cannot be held responsible for any inaccuracies. Paramarq recommends seeking independent legal advice prior to any property purchase.
15. GOVERNING LAW AND JURISDICTION
15.1. The Website is controlled and operated in the United Kingdom.
15.2. These Terms of Use will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England.
16. DEFINITIONS
16.1. “Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing
16.1.1. any law, rule or regulation of any country (or political sub-division of a country)
16.1.2. any obligation under any licence in any country (or political sub-division of a country); and
16.1.3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
16.2. “Content” means videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.
16.3. “Intellectual Property Rights” means copyright, trade marks, service marks, trade names and domain names, rights under licences, rights in get-up, rights in goodwill, patents, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether or registered or unregistered.
16.4. “Micasamo Agreement” means an agreement for the supply of services and reservation of Micasamo Property entered into by Micasamo and a registered user of the Website.