Website Terms of use

This website ( www.PropExtra.com ) is wholly owned and operated by ReSales Andalucia SL, CC Guadalmina 4, Edif 2, Local 86, San Pedro de Alcantara (Málaga) Spain with CIF number B92950096, hereinafter ‘ReSales Andalucia’, ‘we’, or ‘our’. By registering for an account to access and use this site, you agree to comply with and be bound by these Terms of Use together with our Privacy Policy.

ReSales Andalucia reserves the right to amend these Terms of Use from time to time. Any changes will be posted here on the website. Your continued use of the website after posting will constitute your acceptance of, and agreement to, any changes, so please check back here regularly.

If you do not agree to these Terms of Use you must not access or use this website.


Registering a User Account for this Website

To register for an account to use the website, you must be 18 years of age or over, and:

        • Provide your name and a valid email address

        • Create a password for your account

An email will be sent to you containing a link to verify your email address.

We reserve the right to send you customer service emails related to your account from time to time.

Maintaining Your Account

When you have logged into the website using your email address and password, you can maintain your account via the drop-down menu beside your name in the top-right hand corner of the screen. In this area you can:

       • Change your email and password

       • View any property searches or alerts you have saved

       • View any property details you have saved

       • View any enquiries you have sent to estate agents

You are fully responsible for maintaining your account and login details. Your password will not be stored. If you forget your password, use the Forget Password link on the login page.

Registering an Enquiry for a Property of Interest

When you fill out a Contact This Agency form, your details and message will be forwarded directly to the relevant estate agency for their attention. The estate agent will be fully responsible for replying to your enquiry and safeguarding your data.

The Contact This Agency form is provided for the sole purpose of making a property enquiry, you agree that when using the contact form, you message will not contain inappropriate content, slander, spam, or be used as a vehicle to market your own services or products to the estate agent.

Reported misuse of the contact form will result in immediate cancellation of your user account.

Once your data has been passed to an estate agent, it will be your responsibility to organise the removal of your data from their records should this become your intention.

Your responsibilities

Your responsibilities related to using this website are:

       • Maintaining your user account login details secret. You agree that any person to whom your username or password is disclosed is authorised to act as your agent while using this Website and you will be responsible for any and all activity conducted using your password. You will take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account.

       • You are responsible for obtaining any professional or specialist advice prior to taking, or refraining from, any action on the basis of the content on our site or information received from a third party estate agent. ReSales Andalucia are not estate agents, we are providing a platform/showcase for third party estate agents to display their property portfolios. The estate agents are responsible for the accuracy of the data they display on this website and for the additional information they might provide you relating to their properties.

       • You will be fully responsible for all communications you conduct with the estate agent(s); we will not intervene or participate in any communications or property transactions you might enter into.

       • You recognise and agree that the property details contained in this website are provided in good faith; however, the details are provided by third party agents and as such we do not guarantee the veracity of the information. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability any information or content contained therein.

       • You understand that we make no representations, warranties or guarantees, whether express or implied about the property details. We are also not giving you any advice (investment, financial or otherwise) in respect of any content on this Website or recommending or endorsing any properties, products or content.

       • You will not conduct yourself in an offensive or abusive manner whilst using this Website.

You agree not to:

       • Use this Website other than for your own personal use or as an agent to list your clients’ properties for sale or for rent;

       • Use this Website in any manner that is illegal, immoral or harmful to us or to the estate agents using this website (including to commit or facilitate the commitment of any fraud);

       • Use any automated software to view our Websites without consent and to only access our Website manually;

       • Attempt to copy our data our reverse engineer our processes;

       • Use this Website in breach of these stipulated Terms of Use;

       • Remove or alter any copyright notices that appear on our Websites;

       • Publish any material that may encourage a breach of any relevant laws or regulations;

       • interfere with any other user’s enjoyment of our Website;

       • Transmit materials protected by copyright without the permission of the owner; or

       • Transmit any material designed to interrupt, damage, destroy or limit the functionality of our Websites.

We reserve the right to suspend and/or terminate access to this Website without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use.

Personal details you provide

Any personal data that you provide by filling out forms on this website is governed by our Privacy Policy.

Estate Agents

An estate agent who wishes to display their sale or rental property listings on this website:

       • Must be an active estate agent whose main business is on the Costa del Sol (Spain), either as a company or self-employed individual.

       • Must have a current subscription to ReSales Online, either a Network or Standalone account. See www.propextra.com/advertise for sign-up details and specific terms and conditions.

       • Property listings to be uploaded to this website must be located on the Costa del Sol (Spain).

       • Property listings must meet the ReSales Online Terms and Conditions for publishing to PropExtra.

       • We reserve the right to refuse to upload property listings that do not meet the above-mentioned terms.

       • In the future we will allow properties from all over Spain to be published. We will announce this early in 2017

Note that PropExtra will only display properties that have been listed by an estate agent, members of the public cannot list their properties directly on this website.

Disclaimer and liability

The Website (including all content on it) is provided by us on an "as is" and "as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. We accept no responsibility and make no representations, guarantees, or warranties that the Websites will operate continuously, without interruptions or be fault-free. We may need to make the Websites unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Any statistical or location-related information provided on this Website are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publically available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on our Website is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as financial advisors, surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our statistical or location-related information.

Property descriptions and other information provided on our website are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. The property advert pages on our website do not constitute property particulars and these should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Spanish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

       • use of, or inability to use, our site; or

       • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

       • loss of profits, sales, business, or revenue;

       • business interruption;

       • loss of anticipated savings;

       • loss of business opportunity, goodwill or reputation; or

       • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your password or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Viruses

You are responsible for configuring your information technology, computer programme and platform in order to access this Website. We do not guarantee that this Website will be secure or free from bugs or viruses, you should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it or any website linked to it.

Intellectual Property

ReSales Andalucia are the owners of the intellectual property rights in this Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the ‘look and feel’ and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Website, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating data or content in this Website. Any such practice is prohibited and shall be a breach of these Terms of Use.

You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website.

Third Parties

This Website allows you to make property enquiries directly with the third party estate agent that listed the property for sale or rent on this website. Once you have initiated contact with a third party estate agent(s) you release us from any liability arising from disputes with that agent. We have no control over the information, advice, products or services they may offer you and we are not responsible for any actions or claims made by the estate agents or their staff.

Governing Law

These Terms of Use are governed by Spanish law and the contract between you and us is made in Spain. Any disputes will be settled in the courts of Málaga, Spain, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

General

You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you. Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control. Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you nor we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.