General Terms and Conditions of habitania.com
Date: June 8, 2024
Table of contents
- Purpose and general information
- Access and acceptance of the General Terms and Conditions
- Minors
- Terms and conditions of use and liability for using the website
- Intellectual and industrial property
- How do we organise the results?
- Liability of the owner of the Webbsite
- Contracting or contacting third parties
- Links or hyperlinks to the Website
- Personal data protection
- Duration and term
- Applicable law and jurisdiction
- Information in compliance with the Digital Service Regulation
1. Purpose and general information
We provide you below with the general terms and conditions, (hereinafter referred to as the «General Terms and Conditions«), which govern the following:
- Accessing, using, browsing or signing up to the website located under the domain: www.habitania.com, (hereinafter referred to as the «Website«), owned by Idealista, S.A.U., (hereinafter referred to as «idealista«, «us» or «we»).
- Downloading and using any information, text, images or other content that you can access through the Website.
Our aim is to provide you with a better understanding of what we do and how our Website works. At idealista we value our users and the trust you place in us by accessing our Website is fundamental. We would therefore like to reward your trust by providing you with all the information available about the use of our Website in a way that is simple and easy to understand.
What is www.habitania.com?
Our website, hosted under the domain www.habitania.com, is a technological aggregation platform that we make available to users so that they can view listings of properties for sale or rent posted on other platforms, applications or websites, (hereinafter referred to as the «Source Platform(s)«).
On the Website, idealista merely adds the listings posted on the Source Platform(s) that may or may not belong to idealista. Please note that in order to establish any kind of contact between the users offering a property and those looking for one, it will be necessary to go to the Source Platform where the corresponding listing has been posted. For the avoidance of doubts, idealista does not take part in any way in the transactions that could be carried out from such contacts. We are not a real estate agency nor are we involved in selling or renting properties.
Likewise, if you detect a listing with illegal or inappropriate content, we recommend that you inform the advertiser or the Source Platform, since the deactivation of such listing on the Source Platform will also lead to its immediate removal from our Website. idealista, as the owner of this Website, is not responsible nor does it accept any liability with third parties for such content from the Source Platforms, (including, but not limited to, any liability with respect to the transaction, purchases, rentals, offers or agreements, if the advertiser does not authorise performing the transaction or the legal or physical status of advertised goods or services).
Who is the owner of the Website?
idealista is the owner of this Website and the company’s identification details are as follows:
- Company name: Idealista, S.A.U.
- Spanish Tax Identification Code (NIF): A-82505660.
- Recorded in the Companies Registry of Madrid in Volume 15111, Book 0, Folio 60, Section 8, Sheet M-252416.
- Registered office: Plaza de las Cortes 2, 5º, 28014 – Madrid, Spain
- Telephone numbers: +34 91 701 40 30/+34 902 55 98 58
You can contact us at any time by sending a letter by post to the aforementioned address or a message by email to info@habitania.com.
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2. Access and acceptance of the General Terms and Conditions
By accessing or using the Website, you do so under your sole and exclusive responsibility, being granted the status of user, (hereinafter referred to as the «User(s)«) and it implies that you have read, understand and expressly agree to comply unreservedly with these General Terms and Conditions according to its latest published version.
We reserve the right to extend, modify and replace these General Terms and Conditions at any time. We will make all possible efforts to notify you of any changes made to the General Terms and Conditions. We will also update the “date of last update” at the upper part of these General Terms and Conditions. However, we advise you to review these General Terms and Conditions frequently so that you can find out any changes we may have made. To the extent of the legal limitations, idealista will not be held liable for any changes made to the General Terms and Conditions.
If you access the Website after any change has been made to the General Terms and Conditions, you will be expressly accepting the new General Terms and Conditions. If you do not agree to these General Terms and Conditions or any changes that may have been made to them, you must stop using the Website. By continuing to use it, you accept the General Terms and Conditions.
For the avoidance of doubts, these General Terms and Conditions are applicable to both private and professional Users. However, none of the provisions in these General Terms and Conditions will affect the legally acknowledged rights held by consumers and users.
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3. Minors
This Website is intended for use by persons over 18 years old. By accessing or using our Website, you represent and guarantee that you are over 18 years of age.
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4. Terms and conditions of use and liability for using the website
Your use of the Website must fulfil these General Terms and Conditions, the law in force from time to time, morality, good customs and public order.
You may not make use that is unlawful, inappropriate or in any way that infringes the provisions in these General Conditions. In order to make your browsing and use of our Website easier, we provide you with a list below of what you can or cannot do:
You can:
- Access and browse the Website without needing to sign up and it will be free of charge.
- Be redirected to the Source Platforms to contact the advertisers of the properties that interest you.
You cannot:
- Introduce, share, disseminate or publish in any way unlawful, violent, obscene, defamatory content or content that violates the rights of third parties or infringes applicable regulations, (in terms of advertising, competition or data protection, among others), or any content that is false, inaccurate, fraudulent or that could in any way mislead its recipients.
- Use the Website for unlawful purposes or for the resale, transfer or disposal for the use or benefit of any other person or enterprise.
- Cause damage to the IT systems owned by idealista or third parties or introduce or spread computer viruses or any other kind of harmful system that could damage the IT systems.
- Carry out acts that in any way could infringe idealista’s intellectual property rights and/or harm idealista’s reputation or that of third parties.
- Access, control or copy any information included on the Website using any kind of robot, spider, scraper or other automatic means or manual process to do so for any purpose, without our express written consent.
- Bypass or circumvent other measures used to prevent or limit access to this Website.
- Take any action that imposes or that could impose, in our opinion, an unreasonable or disproportionately heavy burden on our infrastructure.
- Set up a link to content on the Website for any purpose without our express written consent.
- Replicate, display or otherwise include any content from this Website on any other website without our prior written consent.
What happens if you carry out any of these actions?
If you carry out any of these actions, you will be held liable for any damages that could be caused as a result of a direct or indirect breach of these General Terms and Conditions and you agree to hold idealista harmless. We may remove, block or restrict any content that infringes the provisions in these Terms and Conditions. In addition, in the event of a breach and after prior notice, when appropriate, we reserve the right to suspend or restrict access and use of our Website, without this resulting in any compensation whatsoever.
What happens if you notice someone else carrying out any of these actions?
If you observe a use that infringes these General Terms and Conditions or if you become aware that a right of idealista or third parties is being violated, please inform us as soon as possible by sending an e-mail to info@habitania.com, using the forms provided for this purpose on the Website or by calling our customer support service.
In addition, if you belong to a law enforcement body or act in the name and on behalf of an authority, you can ask us for information or report any improper or unlawful action by sending us an email directly to autoridades@habitania.com.
We take all reports of illegal or inappropriate content very seriously. We immediately thoroughly analyse the incident as soon as we receive a report, whether from other Users or from the competent authorities.
If you send is a report in this respect and provide us with your data, we undertake to notify you as soon as possible of our final decision and any measures we could take related to the content or action reported. If you do not agree with our decision, please let us know by sending your reasons for this to the email address we used to notify you. Please bear in mind that the deadline for doing so is 6 months counted from the date we send you the notification. You can also contact any certified independent dispute resolution body or you may take direct legal action pursuant to the provisions in Clause 11 of these General Terms and Conditions.
Which tools does idealista use to detect illegal or inappropriate conduct?
Maintaining a secure and respectful environment for all the Users is a priority for us. This is why, in addition to the aforementioned contact points for reporting any illegal or inappropriate content on the Website, we have our own machine learning tools and a team of professionals who are responsible for ensuring the quality and compliance of the content posted on the Website with the laws in force and our policies.
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5. Intellectual and industrial property
Through these General Terms and Conditions, you acknowledge and accept that all the rights regarding the materials and elements posted on the Website, (including, but not limited to, drawings, texts, graphics, maps, photographs, images, audio material, video material, distinctive signs, logos, trade marks, trade names, domains, software etc.) belong to idealista or, when appropriate, to third parties who have granted their consent to their assignment to idealista, we hence hold all the necessary rights and licenses for their use.
Under no circumstances does the fact that we allow you to access, use, browse and/or download material from our Website imply that we waive, transfer or grant any licenses or assignment of our rights or that you acquire ownership of them. As a User, you are only entitled to a right to strictly personal and private use solely in order to benefit from the Website services. Therefore, you cannot manipulate any identifying element of idealista or the respective owners. In particular, the use of any material or elements from the Website for partial or full inclusion on other websites or apps without our prior written consent is prohibited. The use of any element or information in such a way that could give the impression that it belongs to or is associated with the User is also prohibited.
In particular, it is not permitted to re-sell, deep link, use, copy, monitor, (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without our prior written consent.
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6. How do we organise the results?
On our Website, search results are presented in order of how recently they have been added, i.e. the most recent search results appear first. Any other criteria for organisation that could be observed on the Source Platform are determined by its owner. In such cases, we recommend directly contacting such owner to obtain detailed information about the specific parameters used for its organisation.
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7. Liability of the owner of the Website
Our liability is legally stipulated in Act 34 of 11 July 2002 on information society services and e-commerce and Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 (Digital Services Regulation), which state that, in general terms, we cannot be held liable for information posted on the Source Platforms at the Users’ request or that we display on the Website in an aggregated manner.
Although we make our best efforts to ensure that the content of our Website is correct, we are under no obligation to conduct any prior control over the truthfulness, accuracy, legality, relevance or appropriateness of the materials posted on the Website, obtained from the Source Platforms or posted, when appropriate, by Users. However, in the event of detecting or suspecting any unlawful act or any act that infringes these General Terms and Conditions, we will act with due diligence to remove the information in question or make access to it impossible in accordance with the regulations in force.
idealista also accepts no liability whatsoever for any damage or harm that could be caused to Users as a result of their contacts or negotiations on the Source Platforms. We are not responsible for the existence of any liens, encumbrances, rights, disputes, mortgages, incidents, seizures or ground rents that could affect the properties advertised and posted on our Website and you agree to hold idealista harmless from any liability or damage in this respect.
Under no circumstances are we responsible for the accuracy, completeness, truthfulness, lawfulness or appropriateness of the information, materials and/or content available on the Source Platforms or any other third-party websites that you could access through links available on our Website.
Lastly, access to and use of the Website requires a computer device or equipment and an internet connection and you agree that you will bear the costs incurred for such purpose.
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8. Contracting or contacting third parties
You acknowledge and accept that any contractual or non-contractual relationship that you enter into with any User, advertiser or third party that you have contacted on the Source Platform or, when appropriate, through our Website, will be solely and exclusively between you and the other party in question. idealista will not be a party or accept any liability for any damages that could be caused due to such relationship.
We therefore recommend that you exercise caution when contacting or contracting with any User, advertiser or third party on the Source Platform or through our Website. If you have any doubts or suspect that any unlawful activity, fraud or conduct is taking place that infringes these General Terms and Conditions, we advise you not to make payment or enter into any agreement and to contact either the Source Platform, as appropriate. We will do our best to help you handle any such situation.
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9. Links or hyperlinks to the Website
We are concerned about the integrity of this Website when it is accessed or viewed from any area solely created by third parties. In this respect, you must obtain idealista’s express written consent before deep linking or framing this Website or any of its content. If you wish to do so, when contacting idealista to request its consent, you must include: a) your name, email address and phone number, b) the name of your company, c) the website address (es) where the proposed deep linking or framing is posted, and d) specific details of the deep linking or framing in question, including the content or pages of the website to which you wish to deep link or frame.
You must not link our Website with any other website that contains inappropriate, defamatory or illegal topics, nor materials or information that violate the rights of third parties, including intellectual or industrial property rights. We neither allow any type of frames to be established that allow the Website to be viewed through a different address that could mislead or deceive users about the true origin of the elements or services that are shown or that implies unfair competition, (e.g. if it is used to take advantage of the reputation and prestige of idealista or, in any other way, if it infringes the law in force).
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10. Personal data protection
We will process your personal data when you access the Website. You can obtain detailed information about how and for what purpose we will process your data by viewing our Privacy Policy.
In particular, we inform you that we may use cookies when you browse the Website. You can obtain detailed information about our use of cookies by viewing our Cookie Policy.
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11. Duration and term
Access to the Website is, in principle, for an indefinite term.
Both the User and idealista may terminate the relationship at any time, according to the provisions in these General Terms and Conditions.
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12. Applicable law and jurisdiction
These General Terms and Conditions are subject to Spanish law. Any clause in these General Terms and Conditions that is or becomes illegal, null and void or unenforceable will be excluded and replaced by a clause that is as similar as possible as the one that is illegal, null and void or unenforceable, without this affecting the User and without resulting in any compensation whatsoever being applicable. In such case, the other provisions and sections shall remain unchanged.
Any dispute that may arise shall be submitted to and settled by the Courts and Tribunals of the city of Madrid or by those of the User’s place of residence.
Notwithstanding the foregoing, if you are a consumer and user residing in the EEA, you can also use the European Commission’s Online Dispute Resolution (ODR) platform online to settle any consumer disputes at: https://ec.europa.eu/consumers/odr. For the avoidance of doubts, idealista undertakes no commitment or obligation to use an alternative dispute resolution body to settle disputes with consumers.
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13. Information in compliance with the Digital Service Regulation
August 2024: habitania.com has 11554 visits and 6000 active recipients per month*.
(*)Average for the last six months calculated from numbers taken from similarweb.com. For clarification purposes, the number of visits and active recipients (i.e., de-duplicated audience) may include non-EU traffic.
We would like to thank you for your kind attention because we know that reading this all the way through has taken up a lot of your time.