1. PURPOSE AND GENERAL INFORMATION
1.1 PURPOSE
The purpose of these general terms and conditions (hereinafter referred to as “General Terms and Conditions”) is to define the terms and conditions of use of the website available at the URL address https://riadm17-marrakech.com/
1.2 GENERAL INFORMATION
Riad M-17 is the owner of this website (hereinafter referred to as the “Website”) whose company details are as follows :
Registered company name: Riad M-17 Maroc sarl
Registered office: La Marina de Casablanca Tour Crystal 2- 11éme étage
Dar-el-Beida
20000 Casablanca, Maroc
E-mail address: hello@riadm17-marrakech.com
1.3 CONTACT DETAILS
The user has the possibility of contacting the Company:
– By post addressed to the address indicated in article 1.2 above;
– By e-mail using the contact form available at the URL: https://riadm17-marrakech.com/contact
2. DEFINITIONS
For the purposes of these General Terms and Conditions, capitalised terms have the following meaning:
2.1 “Partners”: means real estate professionals who have entered into a contract with the Company for the publication of advertisements for the rental and/or sale of properties on the Website.
2.2 “Website”: means the interactive electronic service published and operated by the Company, accessible in particular at the URL addres https://riadm17-marrakech.com/.
2.3 “Services”: means the services provided by the Company on its Website and described in article 4 of the General Terms and Conditions.
2.4 “Company”: means the Riad M-17 S.L. company.
2.5 “User”: means any natural person accessing the Website for strictly private use.
3. SCOPE, ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS
3.1 The purpose of these General Terms and Conditions is to define the conditions under which the User benefits from the Services provided by the Company through its Website.
All the Services provided by the Company and made available to the User are detailed on the Company’s Website.
3.2 Subscription, access to and use of the Services implies unrestricted and unreserved acceptance by the User of these General Terms and Conditions.
3.3 As these General Terms and Conditions may be subject to change, the applicable terms and conditions are those in force and accessible on the Company’s Website on the date of access to the Website by the User.
4. ACCESS TO AND AVAILABILITY OF THE SERVICES
4.1 ACCESS TO THE SERVICES
The Services are freely and exclusively accessible online on the Company’s Website.
4.2 AVAILABILITY OF THE SERVICES
The Company makes reasonable efforts to make its Services available 24 hours a day, 7 days a week, irrespective of maintenance operations on such Services and/or Servers and/or the Website. In this respect, the Company has only an obligation of means and not of result.
The Company reserves the right to modify, interrupt, at any time, temporarily or permanently all or part of the Services without prior notice to Users and without right to compensation.
5. WARRANTIES – LIABILITY – FORCE MAJEURE
5.1 USER WARRANTIES
By accessing the Company’s Website, the User represents, warrants and undertakes to:
to access and use the Website and the Services in good faith, in a reasonable manner, not contrary to the General Terms and Conditions and for strictly personal and non-commercial use;
not to use any device or software other than those provided by the Company to
– i) affect or attempt to affect the proper functioning of the Website and/or the Services provided by the Website
– ii) extract, modify, consult, even in cache or temporary memory, or for individual use, all or part of the Website;
not to access and/or use the Website and/or the Services provided by the Company on the Website for illicit purposes and/or with the aim of causing damage to the reputation and image of the Company or, more generally, to infringe the rights, in particular the intellectual and industrial property rights of the Company and/or third parties;
not to directly or indirectly commercialize the Services and/or access to the Services and/or access to the Website;
not to reuse all or part of the Website and the Services contained therein, in particular for commercial and/or collective purposes and/or for personal use in a form and/or means not authorized by the Company;
not to exploit the Services provided by the Company or the data to which it may have access through such Services and/or the Website for direct or indirect commercial purposes and/or for personal purposes in a form and/or means not authorized by the Company;
not to reproduce or represent all or part of the Website for private purposes, beyond the legal exceptions provided for, in particular, by Royal Legislative Decree 1/1996 of April 12, 1996, approving the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the subject (hereinafter, the “Intellectual Property Law”), or for direct or indirect marketing, in particular to third parties;
not to restrict access to and use of the Website and/or the Services;
not to modify, even in the intermediate or temporary memory, any mention or element of the Services and/or the content of the Website;
the elements of the Site are protected by the Intellectual Property Law.
not to use and/or exploit the electronic and/or postal contact details of other Users of the Website for the purpose of sending mass e-mail requests or “spamming”.
In case of breach of any of these obligations, and without this enumeration being limiting, the User acknowledges and agrees that the Company shall have the right to unilaterally deny the User access to all or part of the Website without prior notice.
5.2 WARRANTIES OF THE COMPANY
The Company makes available to the User, through its Website, access to a certain number of Services intended to assist him/her in his/her real estate project.
The User is fully aware that the Company cannot guarantee the results of the information provided:
to the advertisements for rental and/or sale of real estate that he/she wishes to consult on the Website;
to the answers that will be provided to you following your requests for information or updates concerning the real estate Partners who have published advertisements for the rental and/or sale of real estate;
to real estate financing offers made to you by credit institutions or brokers you have contacted through the Web Site;
and, in general, to the particular needs of the user.
The Company cannot guarantee the quality of the approximate estimates of real estate that you will have made through the Services accessible on the Website and with a view to offering your real estate for sale.
The Company declines all responsibility for the reliability and/or the relevance of the information provided by real estate Partners and/or credit institutions on the Website, as such information is placed online and distributed under their sole responsibility.
The Company shall act with the ordinary diligence required to put Users in contact with the real estate Partners and the credit institutions associated with the Company that offer their Services through the Website.
The Company also does not guarantee the conclusion of a contractual relationship between the User and such real estate Partners and/or associated credit institutions.
Finally, since the Company does not operate as a credit institution and limits its intervention to merely putting the User in contact with its real estate Partners and with the credit institutions or brokers associated with its Website, the Company cannot be held responsible for:
– the quality of the advice given by the real estate Partners and/or credit institutions to the User once he/she has been contacted through the Services;
– the positive or negative response, tacit or express, of a partner lending institution or an intermediary to the User’s request for financing;
– the correct execution of the real estate loan concluded between a credit institution or an associated intermediary and the User;
– the absolute legality of the financing solutions offered by a partner credit institution;
– the non-compliance by the credit institution with the User’s choices regarding the processing of his personal data.
5.3 EXCLUSION AND LIMITATION OF LIABILITY
The User is solely responsible for the use made of the Website and the Services accessed from the Website.
The Company shall in no event be liable in the context of any proceedings brought against the User who has been guilty of non-compliant use of the Website and/or the Services it offers.
The User acknowledges and agrees in this regard that he/she shall be personally liable for any claim or proceeding brought against the Company as a result of his/her non-compliant use of the Services and/or the Website.
The Website may contain hyperlinks to third party websites. In this regard, given the evanescent nature of the content that may be disseminated, the Company shall not be liable in the event that the content of such third-party Internet sites contravenes the legal and/or regulatory provisions in force.
In any case, the Company shall not be liable:
– in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including the User, the causes of which stem in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
– in the event of use of the Services by a User under conditions which do not comply with the General Terms and Conditions;
– within the limits of applicable law, for any consequential damages, including loss of profits, data or any other loss of intangible property, even if the Company has been informed of the possibility of such damages, which may occur due to
– (i) the use of or the inability to use the Services
– (ii) as a result of access to such Services by an unauthorized User.
The Company shall not be liable for any malfunction, whatever its nature, of the User’s computer equipment or Internet access connection when accessing the Website and, in general, the Services.
In particular, the Company cannot guarantee to the User of the Services:
that there will be no problems with the speed of access to the Website and/or the speed of buffering of the User’s computer of the videos accessible through the Services that the User may encounter.
the quality of the texts, information, descriptions and photographs attached to the advertisements for the rental and/or sale of properties published by the User and/or the Real Estate Partners and accessible through their Services;
5.4 FORCE MAJEURE
The Company may not be held liable if the performance of one of its obligations is prevented or delayed by a case of force majeure, as defined by the jurisprudence of the Spanish courts, and in particular by natural disasters, fire, malfunction or interruption of the telecommunications network or the electricity network. Likewise, apart from the cases expressly mentioned in the law, and where expressly stated in the General Conditions, the Company shall not be liable for those events which could not have been foreseen or which, if foreseen, were unavoidable.
6. INCIDENTS – TECHNICAL ASSISTANCE
For any information of a technical nature or relating to the operation of the Services accessible through the Website, the User is invited to refer to the section entitled “Contact” accessible on the Website and/or to send his/her request to the following e-mail address. hello@riadm17-marrakech.com
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1 COPYRIGHT ON THE COMPANY’S WEBSITE
The Company is the owner or licensee of the intellectual property rights to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of the Intellectual Property Law, any representation, reproduction, modification, distortion and/or exploitation of all or part of the Website and/or its content and/or the Services, by any process and on any medium whatsoever, without the express prior authorization of the Company, is prohibited and constitutes an act of copyright infringement.
Furthermore, any unauthorized use of the Website and/or its contents and/or the Services shall engage the User’s criminal and civil liability for copyright infringement.
The Company intends to disclose the Website and the Services only for the purpose of providing access to them on the Internet, and this:
– (i) from a computer or equivalent terminal with access to one or more telecommunications networks that allow access to the Internet and Internet web browsers (such as Google Chrome, Mozilla Firefox, Opera, Safari, and so on);
– (ii) a telephone terminal with access to a telecommunications network that allows access to the Internet (EDGE, 3G, 4G, etc.);
Any other use of the Website and/or the Services is considered as of right reserved to the Company and constitutes a breach of its right to use the Website and/or the Services.
7.2 TRADEMARKS, LOGOS AND DISTINCTIVE SIGNS
The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of the Company and/or its business partners mentioned on the Website, which allow access to the Services made available by the Company, constitute distinctive signs that may not be used without the prior and express authorization of their owner.
Therefore, any representation and/or reproduction and/or partial or total exploitation of these distinctive signs, as well as the usurpation of the Company’s name, trade name and domain name, are prohibited and constitute an infringement of the trademark, in accordance with the provisions of Law 17/2001 of December 7, 2001 on Trademarks (hereinafter “Trademark Law”), which engage the civil or, where appropriate, criminal liability of the infringer.
7.3 DATABASES AND SUI GENERIS RIGHT
The User irrevocably acknowledges that the Website and the Services consist of one or more databases made available by the Company in its capacity as producer of such databases within the meaning of Article 12 of the Intellectual Property Law.
Therefore, in accordance with the provisions of the first chapter of the first part of the same Code, the User is prohibited:
the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services on another support, by any means and in any form, including for the purpose of use or consultation by a means and/or process(es) not authorized by the Company;
reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services, in any form, including by means of a hypertext link, means and/or process(es) not authorized by the Company;
the creation, publication, maintenance, updating, importing, exporting, making available to third parties, free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more of the Company’s databases;
the display on a screen by a process or means of communication other than those by which the Company intends to disseminate the Website and the specified Services;
in general, any extraction, use, storage, storage, reproduction, representation or conservation, direct or indirect, partial or total, even in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of the Company’s databases, committed by one of the processes mentioned above, including by a means not authorized by the Company, is strictly prohibited.
7.4 CONTENT OF THE SERVICES
The User acknowledges and accepts that access to the Website and the Services made available by the Company does not imply any transfer or concession of intellectual and industrial property rights (in particular, copyright) or other rights to the User.
Access to the Services is limited exclusively to the private and personal use of the User under the conditions and limits defined in the General Terms and Conditions and in accordance with the provisions of the Intellectual Property and Trademark Laws.
Thus, the User acknowledges and accepts that the private and personal use granted by the Company for access to its Services excludes, in particular, access to the Services with a view to a collective use of their content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether free of charge or for remuneration, of all or part of the Website, the Services or their content.
7.5 HYPERLINKS
The hypertext links accessible on the Website, allowing access to the Services, to other websites and generally to all resources available on the Internet do not engage the Company’s responsibility.
The User may under no circumstances establish deep links to web pages of the Website, allowing access to the Services, by any technical procedure aimed at circumventing the User’s identification field or proceeding to the extraction of all or part of the contents of the Services made available by the Company. The technique known as “framing” (as well as the usurpation of the Company’s name, trade name and domain name, which may engage the civil or, where appropriate, criminal liability of its author) is prohibited, unless expressly authorized in writing by the Company.