Terms and conditions

The following terms and conditions relate to the use of the website. Your entry into the world of rental investment will be subject to further conditions following the signing of a search mandate, then the receipt of a quotation and finally a rental and management mandate.

Masteos Spain SL, with registered office at Diagonal 405 bis, 2nd floor - 08008 Barcelona, Spain, registered under the provisional company number: B09943689 and represented by Mr. Thierry Vignal, as President ("Masteos"), offers an online platform for the search and management of real estate for rental investments (the "Platform").

E-mail address: contact@masteos.com

Telephone Numbers: 0033637124796 - 0032477597283

General Manager: M. Thierry Vignal

Intracommunity VAT number: N/A

Hosting: Webflow

Definitions

In the context of these General Songs, each of the following terms has the meaning specified below:

User Account: means the account created by a User in accordance with Article 5.1 that allows him/her to use the Platform.

General Conditions: refers to the present general conditions of use of the Platform applicable to the Users.

Party(ies): refers to Masteos and/or the User.

Privacy Policy: refers to Masteos' privacy policy which can be consulted here.

User(s): refers to all users of the Platform, consumers as defined in the Consumer Code.

2. Object

2.1. These General Terms and Conditions regulate (i) the conditions of access and use of the Platform that Masteos makes available to the User and (ii) the rights and obligations of Masteos and the Users detailed below.

2.2. These General Terms and Conditions and the Privacy Policy form an indivisible unit and prevail over any other document, and therefore constitute the entire terms and conditions agreed between the User and Masteos. They supersede all previous documents, prior agreements and communications, even oral or of any other nature.

3. Duration

3.1. These General Conditions are contracted for an indefinite period of time.

3.2. It becomes effective on the date of acceptance by the User.

4. Agreement and modification

4.1. When the user creates his User account on the Platform, the General Conditions are communicated to him. For consultation purposes will be available at any time thereafter through the Platform.

4.2. By checking the box "I accept the General Terms and Conditions of Use" and then clicking on the box "Continue", the User acknowledges having read and accepted all the General Terms and Conditions.

4.3. Any access and/or use of the Platform implies the unreserved acceptance of these General Conditions, as well as the fulfillment of each and every one of them .  

4.4. The User certifies that he/she has the necessary legal capacity to accept the General Conditions and undertakes to abide by them. If the User accepts the General Conditions on behalf of a legal entity, the User declares that he/she has the necessary right and authority to do so.

4.5. In the event of a partial or total modification of General Conditions due to the needs of the Platform or its evolution, Masteos shall inform the User by means of a notification. If the User does not terminate the General Conditions in accordance with Article 11.1 within seven (7) days of notification, it shall be deemed to have accepted them.

5. Access and use of the Platform

5.1. Access to the Platform

5.1.1. The platform is available through the URL address www.masteos.com (or any other that may replace it).

5.1.2. The functionalities of the Platform are available to Users through a User Account accessible through a login portal that requires the entry of a confidential identifier and password.

5.1.3. Before using the functionalities of the Platform, the User must complete his User Account by means of the form required on the corresponding page of the Platform.

5.1.4. The requested data are collected in order to create a User Account and to make the Platform available.

5.1.5. The User acknowledges that he/she has the necessary knowledge and resources to access and use the Platform.

5.1.6. The User declares to know that to access the Platform must have Internet access or a subscription that allows access to it, which must have previously subscribed with a provider of your choice, at your expense.

5.1.7. The User acknowledges in particular:

- that the quality and reliability of transmissions are conditioned by the network infrastructures through which they are transmitted, and that they are of an unpredictable nature, which may result in network saturation, preventing the User from accessing the Platform;                                                      

- that it is the User's responsibility to ensure the security of its computer terminal, as well as its own data, software or any other equipment at its disposal, in particular against any virus contamination or attempted intrusion that it may have suffered;

- that any equipment connected to the Platform is and remains its sole responsibility, in particular in the event of damage resulting directly or indirectly from its connection to the Platform.

5.2. Use of the Platform

5.2.1. The User is solely responsible for the use that may be made of his User Account, and therefore undertakes to maintain strict confidentiality of his user name and password.

5.2.2. In order to use the services offered on the Platform, the User must fill in all the necessary data in accordance with the data collection procedures.

5.2.3. Masteos will present an advisor to the user so that the user can take full advantage of Masteos services.

5.2.4. In case the User wants to receive information or position on a property advertised on the Platform, he/she must contact or request to be contacted by a Masteos advisor according to the procedure described on the Platform.

6. Personal Information

Data collected whose nature is "personal information" as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data will be processed in accordance with the Privacy Policy.

7. Economic conditions

7.1. The User is granted the use of the Platform free of charge.

7.2. Any other service provided by Masteos to the User (property search order, work order, etc.) shall be subject to a separate agreement.

8. Obligations of the Parties

8.1. Obligations of Masteos

8.1.1. Masteos undertakes to use its best efforts to (i) allow access to the Platform 24 hours a day, 7 days a week and (ii) ensure its proper functioning, without this implying any obligation of results for Masteos.

8.1.2. However, access to the Platform may be interrupted without prior notice to Users in the event of force majeure, such as a Platform crash.

8.1.3. The operation of the Platform may be temporarily interrupted for maintenance, updating or development of the Platform - without prior notice outside working hours or at any time in case of absolute necessity; - with 24 hours' notice for any intervention that may exceed (1) hour during working hours.

Masteos also undertakes to do everything in its power to ensure access, consultation and use of the Platform, and to provide Users with reliable tools.

8.2. User Obligations

In order to use the Platform, the User agrees to:

- use the Platform in accordance with its purpose and the General Conditions;

- respect the rights of third parties and, more generally, the legislation applicable to the Platform;

- not take any action that interrupts, destroys, limits or impairs the Platform or that prevents other Users from accessing the Platform, in particular through the use of viruses, codes, programs or malicious files;

- not to use or exploit a User Account for purposes other than those set forth in the General Terms and Conditions.

The User acknowledges that Masteos represents a third party in the relationship between sellers of real estate and the User.

9. Responsibility

In case of breach by the User of the obligations described in the General Conditions, the User shall indemnify Masteos for all damages caused to the company.

10. Force majeure

Masteos may not be held liable or sued in the event that the performance of any of its obligations is prevented or delayed due to force majeure, as ruled by case law and as determined by article 1218 of the French Civil Code.

11. Termination

11.1. The User may terminate the General Terms and Conditions at any time by sending an e-mail to the following address: legal@masteos.com.

11.2. Masteos may terminate its contractual relationship with the User as of right and at any time by removing its access to the Platform, in particular by deleting a User Account, upon compliance with a notice period of one (1) month notified by email to the User.

11.3. In case of infringement of the legislation in force, of breach of any of the obligations set forth in the General Conditions, or more generally, of breach of the General Conditions, Masteos reserves the right to delete a User Account, after a formal prior notice to cease the infringement, such notice having been ineffective for a period of seven days.

12. Intellectual Property

12.1. All intellectual property rights, such as copyrights, related rights, trademark rights, database production rights, relating to the Platform, the structure and contents of the Platform, as well as the Platform itself (the "Elements") are the property of Masteos.

12.2. These Elements are made available to the User for the sole purpose of using the Platform and its services in accordance with the General Terms and Conditions. Masteos grants the User a private, non-exclusive and non-collective right to use the Elements, exclusively for the duration of the contractual relationship, which may not exceed the duration of copyright in France.

Any reproduction, dissemination, destruction, destruction, exploitation, downloading, transmission, extraction, transmission, modification or transformation of all or part of the Elements without the express prior authorization of Masteos is prohibited. Such actions constitute an infringement of intellectual property rights.

12.4. Accordingly, the User expressly agrees to:

- use the Elements in accordance with their purpose and the General Conditions;

- not to infringe the intellectual property rights held by Masteos on the Elements, and its trademarks or any other distinctive sign;

- not to copy, by any process or software, such Elements

- not to reproduce, alter or modify the Elements or elements present in the Platform, without the previous and express consent of Masteos;

- not to extract or reuse for commercial or private purposes, without prior written authorization from Masteos, any substantial or non-material part of the Elements.

13. Hypertext links

13.1. The Platform may contain links that redirect to other websites. The websites to which these hyperlinks refer are, unless otherwise indicated, independent of the Platform and Masteos.

13.2. Masteos can in no case be held responsible for the content of such sites, nor for any damages that may arise from the connection to them, nor for the information contained in them or the transactions that may be carried out in them.

13.3. Any hypertext link, of any nature, allowing access to the Platform or any of its pages or elements, and that has not been provided by the Platform itself, must have the prior written authorization of Masteos.

14. Convention on Notification and Evidence

14.1. The User acknowledges that the recordings and backup copies (including any connection data) made through the Platform (the "Electronic Documents") shall be deemed to have full probative value between the User and Masteos. Therefore, the Electronic Documents (including their date and time stamp) shall be deemed authentic between the Parties in the event of any dispute.

14.2. Within the framework of its contractual relations with Masteos, the User also acknowledges the validity and probative value of the e-mail. Similarly, the notifications sent through the User Account may be invoked by the User as evidence.

15. Divisibility

In the event that one or more provisions of these General Conditions are, for any reason whatsoever, declared invalid in whole or in part by a court decision in a final judgment, the remaining unaffected provisions shall remain in force.

16. Exemption

The fact that Masteos does not enforce a right or a provision of the General Conditions cannot be construed as a waiver to do so in the future.

17. Independence of the Parties

The Parties are independent entities. Neither Party shall be considered an employee, agent, attorney-in-fact, partner or legal representative of the other Party for any purpose and neither Party shall have the right or power to engage in the name and/or on behalf of the other Party.

18. Language

These General Terms and Conditions may be translated into several languages for convenience. In case of inconsistency or contradiction in their interpretation, the French version shall prevail.

19. Applicable Legislation

The General Conditions are written in French and are governed by French law.

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