Disclaimer

TERMS OF USE

General Terms and Conditions of Qualis BV, established in Drunen, registered with the Chamber of Commerce for Midden-Brabant (Netherlands) under number 17152335, insofar as they relate to the use – in the broadest sense of the word – of the website www.qualisrealty.es.

 

1. Definitions

In these general terms and conditions, the following definitions apply:

• Website: the website www.qualisrealty.es.
• Qualis: the operator of the website.
• User: a user of the website.
• Seller: a user who offers a property for sale on the website.
• Advertiser: a user who has submitted an advertisement to Qualis for publication on the website.

 

2. Applicability

2.1
By visiting the website, a user agrees to the General Terms and Conditions of Qualis.

2.2
Any reference by a user to their own general terms and conditions is expressly rejected by Qualis.

2.3
The annulment and/or invalidity of any provision of these terms shall not affect the validity of the remaining provisions. Invalid or annulled provisions shall be converted into valid provisions, taking into account as far as possible the purpose and intent of the original provisions.

 

3. Use

3.1
Qualis enables users to view the property listings on the website and also offers users/sellers the opportunity to list a property for sale on its website.

3.2
The seller is themselves responsible for the sale of a property offered for sale.

3.3
Qualis merely seeks to bring sellers and buyers together. Qualis is not involved in negotiations and/or transactions between buyers and sellers. Qualis is not a party to any agreement concluded between a seller and a buyer through use of the website, unless Qualis itself offers a property for sale on the website.

3.4
Qualis cannot verify the accuracy (and/or completeness) of the listings and/or the authority of sellers/buyers to sell/buy a property.

3.5
The user is aware of the Cookie policy.

 

4. Due care

4.1
Every user/advertiser/seller of the website must conduct themselves as a careful internet user may be expected to.

4.2
Qualis reserves the right to remove information from the website without prior notice. Furthermore, Qualis reserves the right to deny a user/advertiser/seller access to the website without giving reasons.

 

5. Liability and indemnification

5.1
Qualis accepts no liability for any unavailability/inaccessibility of the website.

5.2
Furthermore, Qualis is not responsible/liable for the content (and/or completeness) of its website, nor of websites connected in any way to the Qualis website. Qualis is also not liable for damage arising from or related to the use of material available on the website.

5.3
In any event, Qualis's liability is limited to the direct damage suffered by a user/advertiser/seller and, at most, to the amount that Qualis has charged or will charge a user/advertiser/seller for the use and/or placement of advertisements/real estate on the website.

5.4
Qualis is never liable for indirect damage suffered by a user/advertiser/seller, including consequential damage and loss of profit.

5.5
The user/advertiser/seller indemnifies Qualis and its affiliates against all damage resulting from third-party claims that are directly or indirectly related to the use of the website.

 

6. Payment and placement

6.1
An advertisement will be placed on the website by Qualis for an agreed period after payment of the agreed amount. When a property is sold, the seller will remove the listed property themselves. A sold property will remain on the website for a maximum of one year, after which it will automatically disappear from the website but remain findable by search engines.

 

7. Termination

7.1
If a user/advertiser/seller fails to fulfil one or more of their obligations, whether not at all, not on time or not properly, is declared bankrupt, applies for (provisional) suspension of payments, proceeds to liquidate their business, or when attachment is levied on their assets, Qualis has the right to suspend the provision of services or to terminate the agreement in whole or in part by written notice without prior default notice, at its discretion and always reserving any right to compensation for costs and damages.

7.2
In the event of partial termination, a user/advertiser/seller cannot claim reversal of services already performed by Qualis and is obliged to pay for services already performed by Qualis up to that point.

 

8. Intellectual property

8.1
A user/advertiser/seller is not permitted to infringe the intellectual property rights of Qualis and/or third parties.

8.2
The user/advertiser/seller indemnifies Qualis against all third-party claims for alleged infringement of a third party's intellectual property rights as a result of (causing) the placement/publication of data/material on the website.

 

9. Applicable law and choice of forum

9.1
Dutch law applies exclusively to all offers and agreements to which these terms apply.

9.2
All disputes relating to the legal relationship between Qualis and a user shall be submitted exclusively to the court of Qualis's place of business, unless mandatory law provides otherwise.