GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM "LOBA SELECTION"
LOBAREALTY, Sociedade Unipessoal, LDA. ("LOBA"), with registered office at Rua D. João V, 24, LEAP Center - Espaço Amoreiras, Piso-1, 1.03, 1250-091 Lisboa, with a share capital of 5,000.00€ (five thousand euros), registered with the Commercial Registry Office of Lisbon under the sole registration and taxpayer number 513 812 512 and holder of Real Estate License 12061 and owner of the trademark "LOBA House Hunting".
Natural or legal person who submits a property for sale or to rent on the Platform.
Natural or legal person who refers a property to a Client through the functionality provided on the Platform.
Natural or legal person who shows interest and/or completes the deal to buy or rent the property promoted by the User through the Platform.
The amount the User intends to sell or rent the property for, which does not include LOBA’s Fee. This can be subjet t negotiation between the parties.
The fee due to LOBA by the Client (buyer or tenant) upon the completion of the deal.
The referral fee paid by LOBA to the person that recommended the property to the final Client (buyer or tenant).
LOBA is the owner of the domain www.loba.house, under which it operates a service platform ("Platform") that is subject to the following General Terms and Conditions of Use:
1.1. Under the Platform, LOBA provides information regarding services provided in the scope of the search and selection of real estate properties available for sale or to rent, and also provides a list of properties on the market in a separate section (called "LOBA Selection").
2.1. The publication of properties on LOBA Selection depends on the verification of the following requirements:
a) The User declares to have legal capacity to adhere to these General Terms and Conditions and guarantees that it will not exercise any right for unlawful purposes;
b) The property in question has an energy certificate in force;
c) All real estate documentation relating to the property has been checked and is compliant.
3.1. The User is responsible for submitting to the Platform the property he/she intends to sell or rent and for providing LOBA all the information necessary and useful to complete a deal.
3.2. LOBA is responsible for evaluating the quality of the property and the images that have been provided by the User. If deemed necessary, LOBA shall recommend to the User a professional photographer to collect new images, and the cost of photography and editing services shall be born by the User.
3.3. LOBA is responsible for examining the documentation of the property.
3.4. LOBA reserves the right to refuse to publish on the Platform any property submitted to it based on non-compliance with eligibility criteria, such as an excessive price requested by the User, quantity or low quality of the images provided or insufficiency of information provided.
3.5. LOBA receives contacts from potential Clients, and shall provide them, in this scope, all the information that may prove necessary for the completion of a deal intended by the User.
3.6. If necessary, LOBA shall contact the User for the purpose of requesting and scheduling visits to the property with each potential Client.
3.7. In the case referred to in the previous paragraph, the visit to the property may or may not be carried out with the assistance of a LOBA consultant.
- (Image and data reproduction)
4.1. By submitting his/her property on the Platform, the User authorises LOBA to reproduce images (photo and/or video) of the property and detailed information thereon, in order to conclude the intended deal and to advertise the property on any online and offline media chosen by LOBA for the same purposes, as well as to place the watermark of LOBA to avoid these photographs being used by third parties.
4.2. The User is responsible for informing LOBA that he/she does not authorise the publication of the property on the website. In this case, LOBA shall create a link with restricted access, only accessible to qualified Clients who show an interest in properties with the characteristics of the property in question.
5.1. The success fee for the conclusion of a deal is published on the web page of the property and is payable to LOBA by the Client who completes the purchase or rental of the property.
5.2. The remuneration provided for in the previous paragraph shall be payable to LOBA on the date of conclusion of the final legal transaction, either by the signing of a sale and purchase agreement or a lease agreement.
5.3. The remuneration provided for in this clause shall also be payable to LOBA if a deal mediated by it is to be effected without its intervention up to one (1) year after the term of this Agreement and the buyer or lessee has been found through the Platform during the term thereof.
5.4. The right to remuneration provided for in this clause is not due in cases where a legal or conventional pre-emptive right may be exercised over the property in question, provided that it is substantiated.
6.1. The services provided by LOBA to the User under this Agreement require exclusivity in the mediation for a minimum period of six (6) months.
6.2. The exclusive contracting referred to in the previous paragraph means that the User is prevented from advertising his/her property through any other website, agency, platform, or personally, and is obliged to pass on the contact of any interested party to LOBA.
- (Termination or breach)
7.1. Upon early termination or breach of the Agreement by the User, he/she shall pay LOBA an amount corresponding to 2% of the advertised price of the property, in case of sell; or the ammount corresponding to the advertised monthly rent, in case of rental.
7.2. The comission described in the previous point is subjet to VAT at the legal rate in force.
7.3. Without prejudice to the provisions of the preceding paragraph, termination of this Agreement shall not affect LOBA’s obligation to continue working any potential deal in progress with a Client.
8.1. The Platform provides a web page for each property with information regarding price, success fee payable to LOBA and the respective reward to the Referrer.
8.2. The Referrer may refer the property to a potential Client through the form provided on the property page, through which LOBA requests: name of the Referrer, telephone number, email address and, additionally, the public key of his/her wallet in case the Referrer prefers to receive the reward trough smart contract; as well as the name and email address of the Client. The system shall automatically send a proof of referral to the email addresses of the Referrer, the Client and LOBA.
8.3. In order to avoid duplicate referrals of the same property to the same Client, LOBA shall keep track of referrals with date and time, and shall validate the first referral received with the pair property ID plus Client.
8.4. Upon validation of the referral, LOBA shall send to the Referrer a smart contract that will automatically distribute the fee to be paid by the Client as follows:
a) 75% of the fee is payable to LOBA;
b) 25% of the fee is payable to the Referrer;
8.5. At the time of conclusion of the legal transaction between the User and the Client, LOBA shall send to the Client the address of the smart contract to which he/she shall pay the fee, and this contract will automatically pay the fee to the Referrer.
8.6. As an alternative to the previous point, both the payment of the Commission and the payment of the Reward may be made by bank transfer.
9.1. All communications provided for in this Agreement shall be made to the email address of LOBA [email protected].
- (Personal data)
10.1. The User, the Referrer and the Client acknowledge that the personal data provided are adequate, relevant and limited to what is necessary in relation to the purposes for which it will be collected, in accordance with the applicable personal data protection law.
10.2. LOBA shall only store the data collected for as long as necessary to comply with the purposes for which it is collected.
- (Changes to the Platform)
11.1. LOBA reserves the right to, at any time and without prior notice, change the contents and layout of the Platform, as well as to suspend access to it.
11.2. Under no circumstances shall LOBA be liable, to the maximum extent permitted by law, for any damage, loss or injury, either for civil liability, breach of contract or otherwise, related to, arising out or resulting from the use of the Platform or cause by any malfunction, error, omission, interruption, defect, delay in the operational transmission, computer virus or power failure.
- (Restrictions on use)
12.1. User, Referrer and Client undertake not to use the platform for unlawful purposes or that may be in conflict with the terms and conditions of use. They also agree not to use, transfer, distribute or dispose of the information included in the service to compete unfairly with LOBA, and acknowledge that the service has been developed, compiled, prepared, reviewed, selected and designed by LOBA House Hunting.
12.2. User, Referrer and Client also agree to protect LOBA’s intellectual property rights during and after the term of this Agreement, and agree to inform LOBA, in writing and in a timely manner, in case they become aware of any unauthorised use of the service by any third party or any breach of intellectual property rights or other rights that the service may be breaching or vice-versa.
12.3. LOBA does not allow the copy, reproduction, recompilation, or the performance of activities of reverse engineering, distribution, publication, display, execution, modification, import, performance of derivative works, transmission or exploitation of parts of the service, except for the import of content of the service for personal use.
13.1. User, Referrer and Client acknowledge that they are using the Platform at their own risk and responsibility.
13.2. Contracts with third parties through the Platform: the parties involved in real estate business acknowledge and agree that any contractual or non-contractual relationship that they formalise through the Platform is deemed to be solely and exclusively between the User and the Client. Consequently, they agree that LOBA has no liability whatsoever for any damages or losses of any nature caused by their contractual or non-contractual relationships. As part of its business, LOBA shall endeavour all efforts to verify the accuracy of the data provided by the owners of the properties advertised on the Platform. Nevertheless, LOBA does not guarantee the total reliability of such data, since they may contain inaccurate and incorrect information.
13.3. The prices and other information about a property advertised on the Platform do not constitute a contract offer and are published for information purposes only.
14.1. In order to cover the liability arising from its professional activity, LOBA has contracted civil liability insurance with the insurance company AGEAS Portugal, in the amount of €150,000.00 (one hundred and fifty thousand euros), with Policy no. 008410155179.
- (Dispute Resolution)
15.1. Any dispute regarding the interpretation or execution of these Terms and Conditions shall be resolved, preferably, through alternative means of dispute resolution, whose list of Alternative Consumption Dispute Resolution Entities can be found at www.consumidor.pt.
15.2. The provisions of the preceding paragraph do not preclude the right of the User, the Referrer or the Client to submit the dispute to be resolved and finally decided by a judicial court.
15.3. For the purposes of the provisions of the precedent paragraph, they accept that the dispute may be submitted to the exclusive jurisdiction of the District Court of Lisbon, expressly waiving any other.