Last update: August 2019
Short version
We want to bring you clarity and transparency about ibizaestateofmind. We know that legal texts are important but cumbersome, to make it easier for you, we tell you briefly who we are, what services we can offer you and what you can or cannot do:
Who are we?
Ibizaestateofmind is the company that manages this website. Our headquarters are in Calle Guadiana nº4, Sant Jordi de Ses Salines, 07817 (Ibiza). Ibiza Estate of Mind is responsible for the management of the data with CIF B16507956.
What services do we offer?
We provide a space for you to look for property for sale or rent, whether it is a flat, a room in a shared flat or a garage, to give you a few examples. We also offer other services related to the real estate sector, such as property valuations, to give you a complete experience.
What can and can't you do at ibizaestateofmind?
You can browse the Web, register to save searches and favorites, as well as hire other additional services.
You may not harm third parties or ibizaestateofmind, do acts contrary to the law, use automatic mechanisms to copy or extract our content, make fraudulent contacts or use the passwords of others without their permission.
Who owns the content of the website?
Ibizaestateofmind is the owner of all the content, images, brands, logos, videos, texts etc that appear in the Web (or is of third parties that have given us their permission). In addition, by sharing material on ibizaestateofmind, you authorize us to continue using it.
Now what?
Index
- Object and general information
- Access and acceptance of the General Conditions
- Minors
- Conditions of use and responsibility for the use of the website
- Additional services
- Intellectual and Industrial Property
- Responsibility of ibizaestateofmind
- Contracting with third parties through the Web
- Links or hyperlinks to the Web
- Protection of personal data
- Duration and term
- Applicable Law and Jurisdiction
1. Purpose and general information
From ibizaestateofmind. (hereinafter, "ibizaestateofmind", "us" or "we"), we make available these terms and conditions (hereinafter, "General Conditions") that regulate:
- The access, use, navigation or registration, to the website located under the domain www.ibizaestateofmind.com and its respective sub-domains, owned by ibizaestateofmind (hereinafter the "Web")
- The downloading and use of any information, text, images or other content ("Content") that you may access from the Web.
Our goal is for you to learn more about what we do, how our website works, and the services we offer. In ibizaestateofmind we value our users, and the trust you place in us when using our services or accessing the Web is fundamental. Therefore, we want to return that trust by providing you with information about our services, in a simple and easy to understand way.
What is www.ibizaestateofmind.com?
Our website, hosted under the domain www.ibizaestateofmind.com and its sub-domains, contains a technological platform that we make available to our users so that they can publish property sales or rentals, or search for a property, (hereinafter, the "Services").
Ibizaestateofmind is limited to facilitating contact between those users who offer property and those who are looking for it. In this context, we offer some additional related services (from now on, the "Additional Services"). You can obtain more information about our Additional Services in Clause 6 of these General Conditions.
Who is Ibizaestateofmind?
Ibizaestateofmind:
- Tax Identification Number (CIF): B16507956
- Address: Calle Guadiana nº4, 07817 - Sant Jordi de Ses Salines, Spain
- Phone number:+34 637 15 64 99
You can contact us at any time by sending an email to info@ibizaestateofmind.com or by contacting us through our website.
2. Access and Acceptance of the General Conditions
When you access or use the Web, you do so under your sole and exclusive responsibility by granting yourself the condition of user (hereinafter, "User" or "Users") and it is assumed that you have read, understood and expressly accept to comply with these General Conditions in the version published at any time. In the event that you use Services that require registration, either as a private individual or as a professional, you will become a registered user (hereinafter, "Registered User" or "Registered Users"), and it also implies that you accept the particular conditions that may replace, complete, and/or modify these General Conditions (hereinafter, "Particular Conditions") as applicable in each case. You can obtain more detailed information about our Additional Services in Clause 6 of these General Conditions.
At any time we reserve the right to extend, modify, replace and/or cancel our Services and/or these General Conditions, without prior notice and without giving rise to any liability or compensation on the part of ibizaestateofmind. We will do our best to notify you of any changes to the General Conditions, in particular, if you are a Registered User, we will notify you of any changes to the General Conditions by email to the email address you provided during registration. We will also update the "last updated date" located at the top of these General Conditions. However, we encourage you to review these Terms and Conditions frequently so that you are aware of any changes we may have made.
If you access the Web or use the Services after any change is made to the General Conditions, you will be expressly accepting the new General Conditions.
If you do not agree with these Terms and Conditions or with any modification that may be made to them, you must stop using the Website or the Services. If you continue to use them, you will be accepting the General Conditions.
For clarification purposes, these General Conditions and the Special Conditions, where applicable, shall apply to both private and professional users.
3. Minors
The Services offered by ibizaestateofmind are not aimed at children under 18. By accessing or using our Website or Services, you represent and warrant that you are 18 years of age or older.
4. Conditions of use and responsibility for the use of the Web
The use you make of the Website must respect these General Conditions, and, where appropriate, the Special Conditions, the law in force at any given time, morality, good customs and public order.
You may not make any unlawful or improper use or use that fails to comply with any of the provisions of these General Conditions or the Special Conditions, where applicable. To make it easier for you to navigate and use our website, here is a list of what you can and cannot do:
You can:
- Access and browse the Web without the need to register and free of charge (without prejudice to the Additional Services described in Clause 6 of these General Conditions).
- Receive new properties or save properties that may be of interest to you as favourites.
- Advertise for sale or rent property (house, room, storage room, building, garage, premises, office or land) that you own or manage.
- Hire Additional Services related to the property you are advertising or consulting on the Web.
You can't:
- Introduce, share, disseminate or publish
- Content of a racist, xenophobic, obscene or denigrating nature
- Content that incites criminal, terrorist, violent or defamatory acts based on age, gender, religious belief or any other reason.
- Content that infringes the fundamental rights of third parties in any way.
- Information constituting illegal or unfair advertising
- Content that violates the secrecy of communications and/or applicable regulations on the protection of personal data.
- False, inaccurate or fraudulent content that may mislead the recipients of such information.
- Use the Web for illegal purposes, or for resale, transfer or disposition for the use or benefit of any other person or entity.
- Cause damage to the computer systems of ibizaestateofmind or third parties, nor introduce or spread computer viruses or other harmful systems that may cause damage to computer systems.
- Perform acts that involve an injury to our Intellectual Property rights and / or damage to the reputation of ibizaestateofmind or third parties.
- Using the identity and/or login or password of a third party Registered User without their consent.
- Access, control or copy any information contained in this Web site using any robot, spider, scraper or other automatic means or manual process for any purpose, without our express written permission
- Violate the restrictions in the robot exclusion notices on this Web Site, or bypass or circumvent other measures used to prevent or limit access to this Web Site.
- Take any action that imposes or may impose, in our judgment, an unreasonable or disproportionately large burden on our infrastructure.
- Linking to any content on this website for any purpose without our express written permission.
- Replicate, reflect or in any way incorporate any content of this website and Apps into any other website without our prior written permission.
What happens if you do any of these actions?
If you carry out any of these conducts, you will be responsible for any damage that may arise as a result of the breach, direct or indirect, of these General Conditions or the Special Conditions, and you agree to keep ibizaestateofmind free. In case of breach, we reserve the right to cancel unilaterally and under our sole discretion and without prior notice, access, use, and / or registration to our website and services of any user or registered user, without this giving rise in any case to compensation.
What happens if you detect that someone is doing it?
If you observe a use contrary to these General Conditions or the Special Conditions or if you know that a violation of a right of ibizaestateofmind or third parties is taking place, we ask you to inform us through the forms enabled on the Web or through the telephone attention.
5. Additional services
As we mentioned at the beginning of these General Conditions, apart from the use of the Web, we also offer a series of Additional Services. In particular, we offer you:
- Mortgage Advice and Management Service.
- Price estimation service (not official appraisals).
- API
- Photo book, video or virtual tour service.
Please note that these Additional Services may be subject to Specific Conditions that differ from these General Conditions.
6. Intellectual and Industrial Property
6.1. Materials and information contained on the Web
By the present General Conditions, you recognize and accept that all the rights on the materials and elements that appear on the Web (including without limiting character, drawings, texts, graphs, maps, photographs, images, audio, video, distinctive signs, logos, trademarks, commercial names, domains, software etc.) belong to ibizaestateofmind, or in its case, to third parties that have consented to the transfer of the same to ibizaestateofmind, so we have all the rights and licenses necessary for their use.
The fact that we allow you to access, use, browse, utilize and/or download materials from our website does not in any way imply that we waive, or that we are transmitting or granting a license or assignment of our rights, or that you acquire title to them. As a User, or as a Registered User, you only have the right to a strictly personal and private use, exclusively for the purpose of enjoying the Service. Consequently, you can not manipulate any element of identification of ibizaestateofmind or the respective owners. In particular, it is forbidden to use any material or elements of the Web for inclusion, in whole or in part, on other websites or apps of others without our prior written consent, and use any element or information so that it gives the impression that they belong or are associated with the User or Registered User.
In particular, you may not resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, store or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without our prior written permission.
7. Responsibility of ibizaestateofmind
Our responsibility is that legally established by Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (hereinafter, "LSSI") which indicates that in general, we cannot be responsible for the information published at the request of Users.
Although we make our best efforts to ensure that the contents published are correct, we are not obliged to exercise prior control over the truthfulness, accuracy, legality, relevance or adequacy of the materials published on the Web since it is stored at the request of the Users. However, if we detect or suspect any illegal act or act contrary to these General Conditions or the Special Conditions, we will act with due diligence to remove the information concerned or make it impossible to access it in accordance with current regulations.
Ibizaestateofmind will not assume any type of responsibility for damages or prejudices that could derive from the relation between users on the occasion of their contacts or negotiations.
The additional services will be regulated according to their specific conditions, with ibizaestateofmind assuming the responsibility that legally corresponds to them.
Access to and use of the Web requires a computer device or equipment and an Internet connection and you agree that the associated costs will be borne by you.
We are not responsible for the existence of any charge, lien, right, conflict, mortgage, incidence, seizure or census that could affect the properties advertised on our website, and you agree to hold ibizaestaofmind harmless from any liability or damage in this regard.
We are not responsible for the accuracy, completeness, truthfulness, legality or adequacy of the information, materials and/or content available on the websites of third parties that you may access through the links available on our website.
8. Contracting with third parties through the Web
You acknowledge and accept that any contractual or extra-contractual relationship that you formalize with any User, Registered User or third party through our Web or our Services, will be carried out solely and exclusively between you. Ibizaestateofmind will not form part of, nor assume any responsibility for, any damages that may arise from such a relationship.
Therefore, we recommend that you act with caution when contacting or contracting with any User, Registered User or third party through our Web. If you have any doubts or suspicions that any illicit activity, fraud or any conduct contrary to these General Conditions is being carried out, we advise you not to formalise any payment or contract and to contact us (from the "You have seen an error" form) as soon as you detect it. We will do our best to help you solve it.
9. Links or hyperlinks to the Web
From ibizaestateofmind we care about the integrity of this website when it is accessed or viewed from any area created exclusively by third parties. In this sense, you must request express written permission from ibizaestateofmind before linking in depth or framing this website or any of its contents. If you wish to do so, when contacting ibizaestateofmind to request permission you must include: a) name, email address and telephone number, b) the name of your company, c) the address(es) of the web page where the proposed in-depth or framed link will appear and d) specific details of the contemplated in-depth or framed link, including the content or pages of the web site to which you wish to establish the in-depth or framed link.
You must not link our website to any other website that contains inappropriate, defamatory or illegal topics, materials or information that violate any rights of third parties, including intellectual or industrial property rights. Nor do we allow the establishment of any kind of frames that allow the display of the Web through a different address that may mislead or deceive users about the true origin of the elements or services that are displayed, or involves an act of unfair competition (eg can serve to take advantage of the reputation and prestige of ibizaestateofmind, or otherwise, is contrary to existing legislation).
10. Protection of Personal Data
When you access the Website and/or use the Additional Services and Features, we may process your personal data. You can obtain detailed information on the form and purpose for which we will treat your data by consulting our Privacy Policy
We also inform you that we may use "cookies" when you browse the Website. You can obtain detailed information about our use of cookies by referring to our Cookie Policy.
11. Duration and term
Access to the Web and Services is, in principle, for an indefinite period.
Both the User and ibizaestateofmind can end the relationship, without prior notice.
However, a different duration and need for prior notice may be established for some cases in the Specific Conditions, in the contract signed by professional advertisers or in the applicable legislation. Any clause of these General Conditions that is or becomes illegal, invalid or unenforceable will be excluded, being replaced by another that is as similar as possible, without affecting the User, and without giving rise to any compensation. In this case, the rest of the provisions or sections will not be affected.
12. Applicable Law and Jurisdiction
These General Conditions are subject to the laws of Spain. Any conflict that may arise will be submitted to and resolved by the courts of the city of Madrid, or by those of the User's domicile.