ALL USERS MUST AGREE TO THESE TERMS.
General
1.1 www.iEXITi.com is an online venue where real estate agents acting for clients with residential real estate are able to conduct transparent digital sale events. Users may be agents, owners, bidders or viewers. iEXITi enables persons that meet the pre-registration requirements to participate in digital property sale and if successful enter into a legally binding contract to purchase residential real estate.
1.2 These Terms of Use, the Privacy Policy located at https://www.iexiti.com/privacy (Privacy Policy)
1.3 www.iEXITi.com is operated by iEXITi (iEXITi, we, us or our) in conjunction with its local partners.
1.4 Please read the Terms carefully. By using iEXITi or accessing any pages or materials contained in iEXITi, you agree to be bound by the Terms. If you do not accept the Terms, you are not permitted to use iEXITi and must refrain from using it.
1.5 In the Terms, User refers to any person other than iEXITi using www.iEXITi.com (including Registered Users).
1.6 Any complaints, questions or claims relating to the iEXITi website can be directed to admin@iEXITi.com.
User Registration
2.1 Registration may be required to use iEXITi. Registration is not completed until you have submitted the registration form and iEXITi has confirmed registration as a registered user (Registered User) by sending you your login information to your account (User Account). All information supplied by you upon registration must be true, complete and accurate information (User Data). You must maintain and promptly update your User Data as appropriate from time to time.
2.2 iEXITi will use your email address as your user name and therefore when registering as a user, you must provide a genuine email address. Users must not impersonate another living person or Registered User.
2.3 iEXITi may refuse your registration where iEXITi considers your suggested user name or password to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.
2.4 iEXITi reserves the right to refuse suggested usernames at its sole discretion and does not have to provide any reasons for such refusal.
2.5 Registered Users may provide a business name or a company name, which is to be associated with the User Account. Registered Users acknowledge and agree that where a business name or company name is associated with their User Account, the Terms are considered to be a contract with the Registered User as an individual (not the business or company) and Registered Users remain solely responsible for all activity undertaken in respect of their User Account.
2.6 We may, at our absolute discretion, refuse to register a person or corporate entity as a Registered User.
2.7 Without limiting iEXITi's other rights under the Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your User Account and to refuse any and all current or future use of iEXITi (or any portion of it).
2.8 You agree not to assign, transfer or sublicense your rights as a Registered User of iEXITi. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity in conjunction with your use of iEXITi.
Your Obligations
3.1 You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your User Account. If you become aware of any unauthorised use of your User Account, you should notify iEXITi immediately by email: admin@iEXITi.com.
3.2 You agree that you will not, directly or indirectly:
-hack into or insert malicious code, including viruses, trojans, worms, logic bombs or other harmful or destructive code or data, into the Website or any operating system, including through password mining, phishing or other means;
-use automated scripting tools or software in connection with the Website;
-circumvent the Website’s structure, presentation or navigational function so as to obtain information that iEXITi has chosen not to make publicly available through the Website;
-attempt to modify, reverse engineer or reverse-assemble any part of the Website;
-use the Website to supply another service, or to obtain information which you either incorporate into your own service or product to enhance your service or product or your business in any way, such as to create potential customer lists or property lists. Any commercial use of the Website beyond what is expressly approved in these Terms requires the prior written approval of iEXITi.
IMPORTANT – YOUR ACKNOWLEDGEMENTS
4.1 You acknowledge and agree that:
- iEXITi is not responsible nor guarantees the sale or renting out of any real estate property you list on iEXITi.com; and
oiEXITi is not responsible for any loss or damage arising from the misuse, improper use, or unauthorised use of your username and/or Password for the Website
- iEXITi will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
oYou are responsible for keeping the details of your user account confidential and secure and you are responsible for all use and activity carried out under your user account.
oYou must not share your username, password or with any other person or authorise any other person to use the iEXITi platform.
oYou must not use the iEXITi platform in any manner which could damage, disable, overburden, or impair the iEXITi platform or interfere with any other party's use and enjoyment of the LMS
oYou must not use the iEXITi platform in any manner or for any purpose which is contrary to these terms
4.2 iEXITi reserves the right to make changes to iEXITi platform without notice to you and at any time. iEXITi retain complete control over iEXITi platform and may alter, amend or cease the operation of iEXITi platform at any time in our sole discretion.
4.3 Property information and other material available through iEXITi platform is submitted by other Registered Users. iEXITi platform and its local partners do not check the accuracy or completeness of this information and are not responsible for the accuracy or completeness of information submitted by Registered Users. You should undertake such inquires and investigations as are necessary to confirm that the information is accurate and complete before making any decisions relating to that information.
Terms and Conditions relating to iEXITi
5.1 A person (Bidder or Buyers Agent) must not use iEXITi platform to submit bids on a Property sale conducted by iEXITi platform unless:
- the Bidder (Client of the Buyers Agent) is a Registered iEXITi User;
- the Bidder (Client of the Buyers Agent) is willing and able to enter into a contract to purchase the Property at the price specified in the Bidder’s (Client of the Buyers Agent) bid in accordance with the iEXITi Conditions (relevant to the Property); and
-the Bidder (Client of the Buyers Agent) complies with the iEXITi Terms & Conditions (relevant to the Property).
5.2 Each User acknowledges that:
-a person is not eligible to bid at a iEXITi property sale unless they have registered with the iEXITi including agreeing to be bound by the iEXITi Conditions for the ‘property’;
-by bidding at a iEXITi property sale, a User on behalf their Client makes an offer to purchase which if accepted will constitute a legally binding contract to purchase the Property from the Owner in accordance with iEXITi Conditions and other iEXITi property sale Materials read subject to any Special Conditions submitted by the User prior to the iEXITi property sale and acknowledged by the Agent on behalf of the Owner as forming the basis of the User’s bidding terms;
-the User accepts responsibility for any bidding activity on their registered device using their access code regardless of the manner in which the bid was made; and
-their use of iEXITi (at any time, but particularly during a iEXITi property sale) may be subject to interruption or delay and due to the nature of the internet and mobile phone communications iEXITi does not make any warranty that iEXITi will be error free, without interruption or delay or free from defects.
Content
6.1 You must not add any content to iEXITi:
-unless you hold all necessary rights, licences and consents to do so;
-that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
-that is or could reasonably be considered to be misleading or deceptive, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
-that would bring us, or iEXITi, into disrepute; or
-that infringes the intellectual property rights or other rights of any person.
6.2 iEXITi updates iEXITi platform regularly, however iEXITi makes no representation as to the accuracy or completeness of any information or services of iEXITi. All information and services are provided on the basis that you undertake the responsibility for assessing, at your own risk.
Promotion
7.1 iEXITi and its local partners may use information available through iEXITi (including details of properties that have been sold and information about Users including (business name, logo, images or other media) as part of the services and/or other marketing materials relating to iEXITi, except where the relevant User has requested that the information is not used for such purposes.
Intellectual Property Rights
Generally
8.1 Nothing in the Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we and our licensors own all intellectual property rights in iEXITi.
8.2 We grant you a non-exclusive, non-transferable licence to use iEXITi, on a device owned or controlled by you and in accordance with the Terms as amended from to time to time.
Copyright
8.3 All content included on the iEXITi platform such as, but not limited to, text, images, software, artwork, photographs, text, images, video, audio and logos is the property of iEXITi or its licensors and other content suppliers. iEXITi is our (or our licensors) copyright property and is protected by Spanish and International copyright laws. You may not in any form or means adapt, reproduce, communicate or publish any part of it without written consent from us.
Trade marks
8.4 All trade marks, trade names, branding and get-up (trade dress) on the iEXITi website belong to iEXITi or its licensors. iEXITi does not give you any licence or right to use them.
Links to External Websites
9.1 On occasion, iEXITi website may be linked to one or more external websites or resources operated by unrelated external websites or an external website may provide a link back to the iEXITi website. These links are provided for your convenience only.
9.2 These links should not be deemed to imply that iEXITi endorses the external website or any content therein.
9.3 iEXITi does not control and is not responsible or liable for any external website or any content, advertising, products or other materials on or available from such external websites.
9.4 Access to external websites is at your own risk.
10. Limitations of Liability, Disclaimers of Warranties and Indemnity
10.1:
-content and materials on www.iEXITi.com are provided ‘as is’ and, to the extent permitted by law, without warranties of any kind, either express or implied;
-we disclaim all warranties, express or implied, including but not limited to implied warranties of acceptable quality and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
-we do not warrant that www.iEXITi.com is secure, free from viruses, bugs, worms, interruption, errors, theft or destruction or that www.iEXITi.com will meet your requirements. We are not responsible for any damage to your computer system which arises in connection with your use of www.iEXITi.com or any linked website. You assume all risks associated with using www.iEXITi.com or any linked website;
-content and material downloaded or otherwise obtained through the use of www.iEXITi.com is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material;
-iEXITi is not a party to any transactions between Users arising through their use of the Website and accepts no liability for those transactions whatsoever; and
-you expressly understand and agree that iEXITi and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including those arising out of, or resulting from:
-the use or the inability to use www.iEXITI.com;
-the use of any material on www.iEXITi.com or any website or websites linked to or accessible from www.iEXITi.com;
-unauthorised access to or alteration of your transmissions or data;
-statements or conduct of any third party on the Website; or
-any other matter relating to www.iEXITi.com.
10.2 Our liability for breach of any consumer guarantee which cannot be lawfully excluded is limited to the supply of the services again or the payment of the cost of having the services supplied again.
10.3 By accessing www.iEXITi.com, you indemnify, hold harmless and, at iEXITi’s option, defend iEXITi and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from or in connection with your use of www.iEXITi.com.
10.4 Our liability to you under or in relation to these Terms is reduced to the extent that your acts or omissions, or those of a third party, contributed to or caused the liability.
11. Privacy
11.1 We undertake to take all due care with any information which you may provide to us when accessing www.iEXITi.com. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
11.2 We do not share or sell any personally identifiable information obtained via www.iEXITi.com to third parties, nor use the personal information otherwise than for its intended use.
11.3 You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy.
11.4 For more information, please review the Privacy Policy or contact us at: admin@iEXITi.com.
12. Termination
12.1 The Terms terminate automatically if, for any reason, we cease to operate www.iEXITI.com.
12.2 We may otherwise terminate the Terms immediately, on notice to you, if you have breached the Terms in any way.
12.3 We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to www.iEXITi.com.
13. Force Majeure
13.1 iEXITI shall not be liable for any delay in performing any of its obligations under the Terms if such delay is caused by circumstances beyond the reasonable control of iEXITi.com and iEXITi shall be entitled to a reasonable extension of time for the performance of such obligations.
14. Amendments
14.1 We may amend these Terms of Use from time to time. If we do, the amended Terms of Use will be published on the Website and, to the extent practicable, we will identify the amendments made since the Terms of Use were last changed. You agree that it is your responsibility to check for updates to our Terms of Use. You further agree that your continued use of www.iEXITi.com is acceptance of our amendments to the Terms of Use.
15. Miscellaneous
15.1 If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
15.2 The Terms will be governed by and interpreted in accordance with the laws Spain.
15.3 You agree to the jurisdiction of the courts of Spain to determine any dispute arising out of the Terms.
16. Real Estate Agent's Warranties
16.1 You warrant that listing a property:
- you are a Real Estate Agent;
- you will comply with all applicable laws in each jurisdiction in respect of the sale or renting of the Property;
- you have obtained all necessary documents from the property owner;
- and you will maintain all necessary records as required by the applicable laws in each jurisdiction.
17. Subscriptions.
17.1 All prices are plus 21% IVA (VAT)
17.2 There are no tie in contracts beyond the real estate agencies Payment Period.
17.3 No cancellation fees.
17.4 No refunds.
17.5 No joining or setup fee.
ALL USERS MUST AGREE TO THESE TERMS.
