Last Update: July, 2017
Purpose and Overview
iyasta.com, is making these terms and conditions (“General Conditions”) available to you. These govern the access to, use, browsing and, where relevant, registration, of the website held under the domain iyasta.com well as its respective subdomains, as well as the downloading and use of any information, text, images or other content (hereinafter, the “Content”) that you might access from the Website.
iyasta.com its subdomains, contains a technology platform that we make available to our users so they can publish listings for the sale or rent of property or search for a property ((hereinafter the “Services”). iyasta.com is limited to facilitating contact between users offering properties and those who are looking for properties. iyasta.com does not have any involvement in any transactions that may arise from such contact. We are not an estate agent, nor are we involved in selling and/or renting properties. We are only a simple intermediary, aiming to facilitate contact between people looking for property and advertisers.
In order to comply with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the general information data of this website is indicated below: The iyasta.com portal Is owned by Abraham Bernal Vázquez with NIF: 51458286H and tax address in Arroyo de la Renga nº 5 28411 Moralzarzal, Madrid.
Please feel free to contact us at any time, by post using the above-mentioned address, by sending us an email to [email protected] or by contacting us through our website.
Access and Acceptance of the General Conditions
When accessing or using the Website and/or our Services, you receive the status of being a User and it is assumed that you have read, understand and unreservedly accept these General Conditions. In the event that you use additional services requiring registration, you will become a Registered UserThis likewise assumes that you accept the specific conditions that replace, add to and/or modify these General Conditions.
Access to or use of the Website and our Services is carried out under your sole and exclusive responsibility. If you do not agree with these General Conditions or with any changes that may be made to them, you will need to stop using the Website as well as the Services. If you continue to use them, it means that you accept the General Conditions.
Prescription and cancellation of service
At iyasta.com we reserve the right to extend, modify, replace and/or cancel our Services at any time and without prior notice, without this giving rise to any liability or compensation whatsoever.
You agree that iyasta.com,in its sole discretion, has the right (but not the obligation) to remove or disable User’s account, or cancel access or Service’s use (or part thereof) by the User, immediately and without notice. It also iyasta.com can remove and discard Content within the Service,at the moment believes that you have acted contrary to these Conditions. Added to that, the User agrees that iyasta.com not be liable to the user himself or to a third party for cancellation of your access to the Service. Further, you agree not to attempt to use the Service after the cancellation byiyasta.com. Notwithstanding the foregoing. iyasta.com will answer any query, from users or not, in order to obtain an adequate use of the Service.
Limitation of liability
IN NO EVENT SHALL iyasta.com BE LIABLE FOR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR CANCELLATION OF THE WEBSITE OR SERVICE iyasta.com.
The Services provided by iyasta.com are not intended for minors under 18 years old. By accessing or using our Website and Services, ou state and guarantee that you are 18 years old or over.
Conditions of use and responsibility for use of the Website
Your use of the Website must at all times comply with these General Conditions, applicable law, good morals, decency and public order.
You may not use any of the above unlawfully, inappropriately or in any way that contravenes any provision in these General Conditions.
- Access and browse the Website without needing to register, completely free of charge.
- Register in order to receive new property listings or save property that may be of interest as a favourite, or to publish a property.
- Contact advertisers regarding property you are interested in.
- List property for sale or rent that you own.
- Disseminate or publish content that is racist, xenophobic, obscene, derogatory or that incites, involves, or promotes criminal, violent or defamatory acts on the grounds of age, gender, religion, beliefs, or that involves the defence of terrorism.
- Carry out acts which infringe on the rights of others in any way.
- Publish content that propose situations that go against people’s dignity.
- Use the Website for illicit or commercial purposes, for the purpose of making a profit, or for the resale, transfer or disposal for the use or benefit of any other person or entity.
- Cause damage to IT systems owned by iyasta.com or third parties, or introduce or spread computer viruses or anything else that could damage the IT systems.
- Carry out acts infringing on our Intellectual and Industrial Property rights, or the rights of third parties.
- Use the identity and/or access keys or password belonging to another Registered User without their consent.
- Republish images.
- Publish images that are not relevant to the listing.
- Use false emails address to listing properties
- Make any false or fraudulent contact.
- To store or in any way collect information or personal data of third parties without their consent.
- Violate the restrictions contained in any notice on the exclusion of robots included on this Website, or bypass or circumvent other measures used to prevent or limit access to this Website.
- Take any action that imposes or that may impose an unreasonable or disproportionately large load on our infrastructure.
- Use the Website and Servicescontrary to these General Conditions.
- If you carry out any of the above-mentioned actions, you will be liable for any damages arising from such direct or indirect breach of these General Conditions, and you agree to hold iyasta.comharmless. In the event that these General Conditions are breached, we reserve the right to unilaterally cancel, at our sole discretion and without prior notice, any User’s access to, use and/or registration for our Website and Services without this in any way giving rise to any form of compensation.
You likewise undertake to inform iyasta.com if you observe any unauthorised use of the Website, if you become aware that any infringement on the rights of iyasta.com or third parties is occurring or if any other use contrary to these General Conditions
is taking place.
Through these General Conditions,you acknowledge and accept that all rights regarding the material and elements appearing on the Website (including, but not limited to, drawings, text, graphics, maps, photographs, images, audio material, video material, distinguishing marks, logos, trademarks, trade names, domains, etc.) belong to iyasta.com, or, where appropriate, to third parties who have consented to the transfer of the same to iyasta.com, consequently, we have all the necessary rights and licenses for the use of such.
The fact that we allow you to access, use, browse, utilise and/or download material from our Website n no way implies that we waive, transmit or grant any licenses or transfer of our rights, or that you acquire ownership thereof. As a User, or a Registered User you only have the right to strictly personal and private use, solely in order to benefit from the Service. onsequently, you cannot manipulate any identifying element from iyasta.com or the respective owners.
Any liabilities or damages that may arise from any use contrary to these General Conditions will be your sole responsibility, and you commit to holding iyasta.com harmless.
Our responsibility is none other than that legally established by Spanish Law 34/2002 of 11th July on Information Society and Electronic Commerce Services (hereinafter, “LSSI” for its abbreviation in Spanish) that states, generally, we cannot be responsible for the information published at the request of Users.
Therefore, assimple intermediary service providers, we have no obligation to exercise prior controls over the veracity, accuracy, lawfulness, completeness, appropriateness or suitability of the information or material published on the Website as this is information stored at the request of Users. However, if for any reason we become aware of any unlawful actions or actions contrary to these General Conditions, we will act with due diligence to remove the relevant information or make it impossible to access in accordance with current regulations.
iyasta.com assumes no kind of liability for damages that may arise in connection with the relationship between users arising from their contact or negotiations.
Access to and use of the Website requires computer equipment or a computing device and an Internet connection. Through these General Conditions you acknowledge and accept that the costs associated with such devices will be borne by you and will not be assumed by us under any circumstances whatsoever.
ALikewise, we are not liable for any charges, encumbrance, claims, conflicts, mortgages, rates, repossessions, census or any other charges that could affect the properties listed on our Website and you agree to hold iyasta.com harmless with respect to any liability or damages thereby arising.
- Contracting with third parties through the Website
You acknowledge and accept that any contractual or non-contractual relationship, as appropriate, that you formalise with any Advertisere, User, Registered User or third party through our Website or ourServices, will be carried out solely and exclusively between you and the other party in question. iyasta.com will not be part of, or assume any liability whatsoever for such a relationship or for any damages that might arise from it.
Therefore, we advise you to proceed with caution when contacting and contracting any strong>Advertisere, User, Registered User or third party through our Website. If you have any concerns or suspicions that any kind of unlawful activity, fraud or any other actions contrary to theseGeneral Conditionsare being carried out, we advise you not to formalise any kind of contract and get in touch with us as soon as you become aware of any of the above activity, and we will do everything possible to help resolve the situation.
Links or hyperlinks to the Website
You must not link our Website with any other website containing inappropriate, defamatory or illegal information, material or themes, or material or information that infringes on any third party’s rights, including any intellectual or industrial property rights.
Personal Data Protection
We also hereby notify you that we may use “cookies” when you browse the Website. You can get detailed information about our use of “cookies” in our Cookies Policy.
Specific conditions governing the purchase of the advertising service
In order to be able to offer your property on our website through the publication of an advertisement, you must register. In doing so, it guarantees that all the data that it includes are true, accurate, complete and updated. By posting an advertisement, you acknowledge that you are the owner of the property you advertise or are authorized by the same and will be solely responsible for the truthfulness of the published data, so you will respond exclusively to any liability or damage that may arise in this regard.
iyasta.com being only an intermediary, can not be linked more than in the way described in these General Conditions and, as such, the price and other information that appears in the advertisement in relation to the real estate does not constitute a commercial offer by our part.
12.1 General purchase terms
The purpose of this document is to establish the Specific Conditions of Use and On-line Purchase of the ADVERTISING Service (henceforth, the Service) provided by iyasta.com on the Internet website https://iyasta.com (henceforth, the Website).
The use and purchase of the Service entails and records the Advertiser´s express adhesion to and acceptance of these Specific Conditions of on-line Use and Purchase of the Service, as well as the General Conditions of the Website.
12.2 Description of the service
The Service consists of the insertion of advertisements in the on-line website iyasta.com
iyasta.com eserves the right to publish, in full or partially, the Advertiser´s Advertisements on third-party websites in order to promote the website, and on other websites, such as blogs or social networking sites, and the Advertiser shall agree to this condition.
12.3 Service modes.
Free Trial. This mode allows its users to insert an advertisement free of charge, which is published on the web during a trial period.
Paid Advertisements: This mode allows users to listing a number of properties for a certain time, depending on the payment pack chosen. The listings are posted on iyasta.com for the time specified in the pack purchased.
12.4 Service purchase procedure.
The Advertiser can check the packs available, as well as their prices and features from his Registered User profile.
To proceed with the purchase of the Service you must select the pack that best suits your needs and select the means of payment. The payment of contracted services is made by means of payment gateway of security of Stripe or Paypal.
The Advertiser has a period of 7 days to request the cancellation of the service and the refund of the amount of the package purchased. The refund must be requested by email or through the contact form of the website.
Policy of return of payments made through card through the gateway Stripe:
The refund is effective in your bank within 5-10 days once the application for refund by iyasta.com to the Stripe platform is required. Once requested, the refund can not be canceled.
Refunds will be made to the same debit or credit card with which the payment was made. It is not possible to reimburse a charge to a different destination (to another card or bank account). If the charge card has expired or has been canceled, it will be returned to your new card, in case the customer does not have a new card, the bank generally sends the refund to the customer’s bank account.
If the bank does not know what to do with a refund, it will send it to Stripe and they will contact you by email to ask how you would like to pay the refund.
By making a payment on iyasta.com through the Stripe gateway you accept the conditions of use of the Stripe service
Return policy for payments made through the PayPal gateway:
Payments made with the bank account or the PayPal balance will be refunded to the PayPal balance. In case the payment is with bank account the refund could take 6-10 days to be completed since the original payment was made.
Payments made with a debit or credit card will be refunded to the same debit or credit card. Please note that you can usually view the credit card on your card in 3 to 4 business days. However, due to the policies of credit card issuers, repayments can take up to 30 days to appear in the statements.
Payments made with the card and with another source of funds (bank account or the balance of your PayPal account) will be refunded separately to the card and the balance of your PayPal account depending on the source from which each source of payment comes from.
When making a payment on iyasta.com through the PayPal gateway accepts the conditions of use of the Paypal service.
12.6 Limitation of liability
The Advertiser racknowledges and accepts that iyasta.com´s maximum liability with respect to the Advertiser that may be derived from the insertion of Advertisements in the Website is the following: if the Advertisement is not inserted in the form and according to the agreed terms, for technical reasons or reasons of any other nature, or for any other reason, the maximum liability is limited to the subsequent reinsertion of the Advertisement and, if that is not possible or if iyasta.com so decides, the reimbursement of the proportional part of the price per Advertisement actually paid by the Advertiser.
In no case shall iyasta.com be liable for damages of any other nature, whether they are real, indirect or of any other type, nor for the loss of profit that the Advertiser may have incurred due to the failure to publish any Advertisement punctually and/or correctly.
iyasta.com shall not be liable for delays, incorrect publication nor failure to publish that are the result of events or circumstances beyond its control, including, for expository purposes and by no means limited to government action, fire, flood, insurrection, earthquake, technical fault, riot, explosion, embargo, legal or illegal strike, shortage of personnel or materials, transport interruption of any type, delay in work or any other circumstance beyond the control of iyasta.com.
12.7 Advertiser´s declarations and guarantees/compensations
The insertion of Advertisements in the Website is done in consideration of these declarations and guarantees made by the Advertiser.
The contents and information published on our website in the use of the Services shall respect the rights of image and intellectual and industrial property that may exist on them. If you bring any material that violates or infringes on the rights of image or intellectual or industrial property of third parties, or that in any way violates these General Conditions, you will be solely responsible for any damages and / or liability that may arise.
Moreover, by the mere fact of uploading, posting or otherwise sharing information, non-personal data, images or any other material with us, we authorize its reproduction, distribution, transformation and public communication. In addition, it authorizes us to add watermarks of iyasta.com in order to prevent those photographs from being published by unauthorized third parties.
The Advertiser shall be the only party responsible, with respect to Website Users and third parties, for the text and information contained in the Advertisement. Thus, for expository and by no means limiting purposes, iyasta.com shall not be directly, indirectly nor collaterally liable for damages of any nature that may be derived, for Website users and/or third parties, from the lack of truthfulness, accuracy, and/or authenticity, or legality of the data or information contained in the Advertisement inserted.
In any case, theAdvertiser agrees to compensate iyasta.com , as soon as it is required to do so, for all the expenses, costs, damages and losses of any type (including solicitors´fees, even if their involvement is not mandatory) incurred by iyasta.com as the result of any claim, real or imminent, of any type, relative to the publication or communication to the public of the advertisement or of its content, including those based on the violation of industrial or intellectual property rights, slander, defamation, failure to comply with the duty of confidentiality, disclosure of secrets, non-fulfilment of any legal or regulatory duty and/or of illicit, false or deceptive advertising..
- Repeated advertisements can be deleted.
- Generic advertisements that ad more than one property, without description or have photographs that do not refer to the advertised property, can be deleted.
- Advertisements without a contact phone, email or without photographs can also be deleted.
- The description of the property can not contain contact details, as well as telephone, address, mail .. for this we have a contact form enabled in your User profile.
- At the time of filling out the registration form you must provide the real data as well as a real contact email.
- Once the contracted time for the publication of your ad has expired, it will be withdrawn and will remain accessible only from your profile without being visible to other User on the Web until you make payment for a new pack, at which point you can make it visible again your advertisement. The property can be removed from your profile if after 15 days you have not hired and a new pack.
Term and Duration
Access to the Website and Services is, in principle, indefinite, unless otherwise provided in any Clause of these General Conditions, the Specific Conditions o en la legislación aplicable.or applicable law. However, both the User as well as iyasta.com may end the relationship without prior notice at any time. Any Clause of these General Conditions that is or that becomes illegal, invalid or unenforceable will be excluded and deemed inapplicable, being replaced by another clause that resembles it as closely as possible, without this negatively affecting the User, and without giving rise to any compensation whatsoever. In this case, the remaining provisions or clauses are not affected and will remain in full force.
Applicable Law and Jurisdiction
These General Conditions are subject to the laws of Spain. Any dispute arising will be submitted to and resolved, to the maximum extent permitted under applicable law, by the Courts where the holder’s domicile is, or, where appropriate, by the Courts where the user lives.