Welcome to Bella Islas, we are a company based in Mallorca. These Buyer Terms of Service regulate the use and access of www.bellaislas.com media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Website”). For the sake of convenience, the term “Services” shall be included in the term “Website” wherever used throughout this document unless specified otherwise.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Bella Islas (hereinafter referred to as “Bella Islas”, “we”, “us”, or “our”) and you the user who wishes to utilize the Website to search for real estate and contact relevant persons or Agents to affect the same in accordance with the specified terms (hereinafter referred to as (“Buyer”, “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
As a Buyer, you will be able to view and search for real estate listed (“Listings”) by the agents registered (“Agents”) on the Website. The Listings may contain real estate for rent and/or sale. The Listings contain properties listed by the Agents on the behalf of the owners of such properties with their consent. You shall be able to access exclusive features and information by registering an Account with us including without limits, get notified of and view new real estate Listings posted by the Agents first, price drop alerts, save properties of interest as “favourites”, contact the Agents via the contact details provided by us, and search for Agents registered with us.
Bella Islas solely acts an intermediary to connect the Agent and the Buyer. All transactions which take place between the Buyers and the Agent are personal to the abovementioned parties (“Relevant Agreement”). Under no circumstances is Bella Islas a party to such Relevant Agreement for the sale/ purchase/ rent etc. of real estate provided in the Listings or otherwise unless specified in writing explicitly by us. We shall under no circumstances be made a party to such Relevant Agreement between the Agent and the Buyer without our explicit consent in writing.
4.1 To use our Website, you must:
4.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law;
4.1.2 complete the registration process;
4.1.3 agree to our Terms; and
4.1.4 provide true, complete, and up to date legal and contact information
4.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
4.1.6 By using Website, you represent and warrant that you will use Website only for non-commercial purposes.
4.1.7 By using Website, you represent and warrant that you meet all the requirements listed above and that you won’t use Website in a way that violates any laws or regulations. Bella Islas may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
4.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Website. If you do not meet any of the conditions stated herein, you shall not access/use the Website and must cease to be a user.
To provide you with the Website as mentioned in these Terms it is required that we collect your basic information which may include your name, address, email, date of birth (“Personal data”). You agree that your Personal data is collected by us through your consent.
The Term begins as soon as you access the Website and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” these Terms.
7.1 To access the Website, you need to register for a user account on the Website (“Account”). For continuous access to our Website, it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
7.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
7.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
7.4 You must notify us immediately on our Website of any change in your eligibility to use the Website, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Website or through a request made on our Website.
7.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
Subject to the Terms, Bella Islas gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Website (and other items displayed on the Website for download) only for purposes of using the Website in accordance with these Terms. It is expressly prohibited without the prior express permission from Bella Islas to use, reproduce, modify, distribute, or store any Content for purposes other than using the Website consistent with these Terms.
9.1 The Website contains Intellectual Property of Bella Islas in the form of content, graphics, videos, audios, text and any other digital content (“Website Content”). This is an agreement for the use of Website, and you are not granted a license to any Website Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Website; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Website; or (vii) allow third parties to gain access to the Website or to Website Content in any manner other than as expressly permitted in this Buyer Terms of Service.
9.2 You acknowledge and agree that the Website, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Website, are the property of the Bella Islas or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Bella Islas. Your use of the Website confers no title or ownership in the Website or the Marks and is not a sale of any rights in the Website or the Marks. All ownership rights remain in Bella Islas or its third-party suppliers, as the case may be.
9.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Website (“Content”). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Website to you and other users of the Website. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
9.4 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Bella Islas and you hereby irrevocably transfer and assign to Bella Islas such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
9.5 It is our policy to limit access to our Website of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Website infringes any copyright that you own or control, please contact us using the information provided in Section 19 of these Buyer Terms of Service.
The Website provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Website. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
We reserve the right to terminate your access to all or any part of the Website at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Website. Any such termination shall immediately revoke the license granted under Section 8, and you shall effective immediately be prohibited from accessing or using the Website or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release Bella Islas and its affiliates as well as all other users of the Website from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Website, including any disputes which may arise between users and the acts or omissions of third parties.
THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF WEBSITE IS AT THE USER’S SOLE RISK. THE WEBSITE IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. Bella Islas, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE WEBSITE IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE WEBSITE IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE WEBSITE PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE WEBSITE SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE WEBSITE.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Website; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Website) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
THE USE OF THE WEBSITE OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE WEBSITE FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE BUYER TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE BUYER TERMS OF SERVICE. NOTHING IN THESE BUYER TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Spain applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in Mallorca with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Website (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Website. We may also do so by sending you a notice via email, via the Website, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Website without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Website after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Website going forward. Your use of the Website is subject to the Terms in effect at the time of such use.
18.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Website. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Website. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18.2 Relationship of the parties. You and Bella Islas are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
18.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
18.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
18.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Buyer Terms of Service. Notices to us shall be sent by email to firstname.lastname@example.org. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
18.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
18.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
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