Terms & Conditions
Releaz is an innovative real estate technology platform hosting an end-to-end marketplace enabling people owning real estate properties (“Property Owner(s)“) to sale-and-leaseback their properties, with predefined terms while retaining a fixed price buy-back option, to people who are interested in buying real estate properties (“Investor(s)“). You don’t have to be a Property Owner or an Investor to use these Services – you can also use our Services to access and view the general information of the platform (Homepage & Marketplace) and other data and information made available to visitors of the Site (the “Visitors”). Property Owners, Investors and Visitors are collectively referred to as “Users” or “you”. Certain Terms apply only to Property Owners and Investors, as noted herein.
- Binding Contract
By registering for and/or using the Services in any manner, including, but not limited to, visiting or browsing the Site, you agree that you have read and agreed to be bound by these Terms and all other terms and conditions, operating rules, policies, and procedures that may be published from time to time through the Services by us or otherwise provided to you in connection with the Services, each of which is incorporated by reference into these Terms.
These Terms apply to all Users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. If you are accepting these Terms on behalf of a company, you represent that you have the authority to do so.
We reserve the right, in our sole and absolute discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use. If you don’t agree to be bound by the modified Terms, then you are not permitted to use any of the Services anymore.
1.2 Eligibility, Registration and Feedback
You represent and warrant that you are an individual person at least 18 years of age and capable of forming a binding contract. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are not eligible for using the Services if you violate any provision of these Terms as determined in our sole discretion.
If you want to use certain features of the Services, we may require you to register for an account on the Services (the “Account“) or log in via Facebook Connect or Google account or another authentication mechanism (a “Third Party Account”). If you choose the Third Party Account option we’ll create your Account by extracting from your Third Party Account certain personal information, such as your name and email address and other personal information that your privacy settings on the Third Party Account permit us to access. Your Third Party Account may not allow you to the full functionality of the Services and additional information may be necessary to take advantage of all Services.
You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, outdated or incomplete, or Releaz has reasonable grounds to suspect that such information is inaccurate, outdated or incomplete, Releaz may deny you to use the Services, areas requiring registration and/or suspend or terminate your Account, at its sole discretion.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
We welcome feedback, comments, questions, suggestions, improvements, concerns and the like regarding the Services (collectively, “Feedback“). You may deliver Feedback to us by email, including through [email protected], phone calls, interviews, texts, chat, surveys, or other communication tools or systems currently used or to be used in the future. You agree that you exclusively own any Feedback and grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without compensation or attribution to you or any third party.
2. GENERAL TERMS APPLICABLE TO ALL USERS
For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, works of authorship of any kind, interactive features and information or materials that are posted, generated, provided, or otherwise made accessible on or through the Services. For the purposes of the present, “Content” also includes all User Content (as defined below).
- User Content – Use Rights
All Content added, created, uploaded, submitted, distributed, or posted to the Site by users, including listings of properties (the “Listings”) posted by Property Owners (collectively “User Content“), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you and you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Releaz on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You hereby grant to Releaz a non-exclusive, transferable, sublicenseable, worldwide, perpetual, royalty-free license to (i) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you or to other Users; and (ii) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute (without attribution to you) any Content we obtain from your property manager.
You can remove your User Content, including a Listing, by requesting to us its deletion and pay any applicable delisting fees. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Releaz Services to the extent permitted by law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Releaz may add, delete, modify any User Content including add, modify, delete Content from the Listings of properties or the Property Owner’s and Investor’s Dashboards so as to enrich the Content of the Listings or make it more accurate. You acknowledge and agree that although Releaz use its reasonable efforts to make this Content accurate, (i) there may be inaccuracies in the Content added by Releaz and (ii) your access and use of the Content is at your own risk and Releaz disclaims all liability relating to any inaccuracies. You are responsible in constantly checking and validating the Content related to you.
- Releaz’s Content – Use Rights
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms, we grant each user of the Services a non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. A fee for the use of certain Releazs’ content may be required to be paid. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.
Without limiting the foregoing, no real estate broker, salesperson, agent or similar state licensed real estate professional may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the Investors or Property Owners of any properties listed on the Services.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
- Third Party’s Content
We may display Content that is owned by a third party or licensed to us by a third party (“Third-Party Content“). For example, we may display technical and legal information in relation to properties or valuation rates etc. that are offered by a third party (e.g. engineer, valuer, lawyer etc.). Releaz does not claim any ownership rights in the Third-Party Content. We provide the Third-Party Content only as a convenience and you shall not publish or distribute any of the Third-Party Content. Our provision of the Third-Party Content does not mean that we have endorsed the third parties or the Third-Party Content that they have provided. Your use of the Third-Party Content is at your own risk and Releaz disclaims all liability relating to your interaction with the Third-Party Content or the applicable third parties. Releaz may share personally identifiable information you provide to us via the Services and financial and other information we have about you with third-parties so that the third parties may personalize the Third-Party Content that they provide to you. We will comply with applicable legal requirements, including requirements to obtain your consent before we share such information with third parties, in connection with how we share this information.
- Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to remove, edit, block, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all.
2.2 Rules of Conduct
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your Account and deletion of any Listings. You acknowledge and agree that we may terminate any Account or delete any Listings at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
b. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
iii. uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about any User Content which is not yours;
iv. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information or information about the Properties;
v. results in the creation or operation of multiple user accounts;
vi.is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
vii. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
viii. contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
ix. is designed or intended to obtain password, Account, or private information from any User;
x. impersonates any person or entity, including any of our employees, representatives, or users;
xi. includes anyone’s identification documents or sensitive financial information.
xii. includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. You shall not: (i) manipulate the price or description of any Listing without proper authorization; (ii) interfere with other users’ Listings; (iii) recruit, solicit, or encourage any other User to use third party services or websites that are competitive to ours; (iv) USE THE SERVICES TO FIND A LISTING, PROPERTY OWNER, INVESTOR, AND THEN COMPLETE A TRANSACTION INDEPENDENT OF THE SERVICES IN ORDER TO CIRCUMVENT THE OBLIGATION TO PAY ANY FEES RELATED TO THE PROVISION OF OUR SERVICES.
f. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
g. If for any reason the Service is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Releaz corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Releaz reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service.
2.3 Payment processing
Electronic payments may be required to be performed through our platform with regard to certain transactions such as the payment of the deposit for the booking of a property or the payment of an amount for the purchase of a property, the fees of Releaz and any other payments that may be required from time to time in relation to the use of the Services or the purchase of a property.
Payments can be made by Visa, MasterCard, Affinity Card, PayPal and American Express (the “Card(s)”). To minimise the possibility of unauthorized access or disclosure and to endure payment is made safely, your Card details will be encrypted. When you make a payment, you must provide us with complete and accurate payment information. Authority for payment must be given at the time the order for payment is made. By clicking “PAY NOW” you are confirming that you are the legitimate holder of the Card and you wish to procced with the transaction. The amount authorized by You will be charged upon confirmation that the payment has been made. When you make a payment, you should receive an acknowledgement e-mail confirming your payment. Payment obligations are non-cancellable.
Cards are subject to validation checks and authorization by your Card issuer but if your Card issuer fails to authorise payment to us, we may not be able to form a contract with you. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If you are entitled to a refund under these terms and conditions we will credit that refund to the Card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
Very occasionally, we may need to refuse or cancel a payment or close or freeze an account (even if we have previously confirmed your order) – e.g. if we notice something unusual with respect to the payment or the account.
2.4 Third Party Services
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the Site (including, without limitation, sites and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
2.5 Location-Based Services
We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the “Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
2.6 Intellectual Property Policy
a. The Company has adopted the following general policy toward copyright infringement in accordance with the applicable laws.
b. Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
c. Please contact the Designated Agent to send the Notification of Claimed Infringement for the Company at [email protected].
3. SPECIFIC TERMS APPLICABLE TO PROPERTY OWNERS
Releaz offers a technology service and platform via the Services through which Property Owners and Investors of real estate properties may connect. Property Owners may sign up with the Services and advertise a list of real estate properties that are for sale by posting “Listings”. The real estate properties included in the Listings are collectively referred to as “Properties” or individually, a “Property”. Investors can browse the Listings and express their interest in buying or make a bid for purchasing a Property included in a Listing. As described below, Releaz may act as the Property Owner’s and the Investor’s real estate agent or broker in connection with the sale of Property included in a Listing. Releaz also offers Users the ability to use tools made available through the Site to analyze a Property and create a dashboard to organize the User’s information.
3.1 Services to Property Owners – Fees
Releaz may offer to the Property Owners the following services:
(a) The opportunity to sign up for our Services and register their Property with our platform in order to be viewed by potential Investors.
(b) The opportunity to sell their Property by receiving up to 90% cash of the Property’s fair market value while at the same time retaining the use of their Property by choosing the fixed nominal rent that they wish to pay each month, as well as, the opportunity to buy their Property back at a fixed price within a 5-year period or just move out at any point without any obligation.
(c) Fair market valuation of their Property by independent valuers.
(d) Legal and technical due diligence of their Property by independent lawyers and engineers.
(e) Professional photography and presentation pack (including 360 views and floorplans) of their Property.
(f) Seamless transactional experience with full transparency and monitoring of the process through their platform dashboard.
(the “Property Owners’ Services”)
For the provision of the Services under (a) and (b) above Releaz shall receive by any Property Owner a fee of 2% of the transaction value, i.e. the amount paid for the sale of the Property (the “Transaction Value”), plus VAT, in case that the Property is finally sold to an Investor on the occasion of the Listing, even if the transaction is not finally completed thought the platform.
For the provision of Services under (d) to (f) above, Releaz shall receive the amount of 250 € plus 1€ per square metre, (the “Listing Fee”). The relevant Listing Fee shall be paid to Releaz.
Services under (c) are provided to Property Owners by Releaz for free.
If you are a Property Owner and you wish to receive the abovementioned Services by Releaz you shall enter into a relevant agreement with Releaz which will be presented to you via the Services (the “Listing Agreement”). The Listing Agreement will specify the terms and conditions under which Releaz will provide you the abovementioned services, as well as the rights and obligations of both Releaz and you. In the event of conflict or inconsistency between these Terms and the Listing Agreement, the Listing agreement shall prevail.
The mere communications or usage of the Site or communication with employees or agents of Releaz does not create any agency relationship between you and Releaz (either as Seller or Buyer Agent) and only an express written agreement between the parties will establish such a relationship.
3.2 Property’ Owners obligations
If you are a User of the Services, by registering for and/or using the Services in any manner, you acknowledge and agree that (i) you are entering into a lawful user-broker relationship with us; (ii) you have a bona fide interest in the purchase or sale of real estate of the type being offered through our Services; (iii) you will only use the information from the Services for your personal, non- commercial use, except in connection with your consideration of the purchase and sale of a Property; and (iv) you will not copy, redistribute, or retransmit any of the data or information provided through the Services except in connection with your consideration of the purchase and sale of a property (v) any information or date you provide us is true, complete and accurate.
Property Owner shall not actively promote the Property through other agents or commercial routes (websites, marketplaces, adds etc.) throughout the Term without the prior approval of Releaz (which can be withheld at its discretion).
The Property Owner shall be obliged not to dispose, in any way other than through our Site, any Property while it is listed in our platform. If such disposal occurs, in breach of this clause, then the Property Owner shall be obliged to pay a break-up fee which is determined in the Listing Agreement.
Property Owner shall be obliged to accept the sale of his Property to an Investor under the terms and conditions of the Listing Agreement.
When you as a Property Owner create a Listing, you will need to submit information to us about the Property, including without limitation, images, general property information etc. You hereby grant a license to Releaz to use such listing information in order to operate the Services. It is important that such information be complete and accurate and we do not verify any such information or User Content you provide to us via the Services for your Listings. We may provide Additional Property Information for Listings. You agree that you are responsible for all Listings you post and for keeping the Listings information current and up to date, including up to the date of sale of a Property included in a Listing. We reserve the right to reject a Listing for any reason in our sole and absolute discretion. We will notify you if we reject your Listing and we may give you an opportunity to amend your Listing into a form that we would publish.
“Additional Property Information” means information about the Properties included in Listings, including, without limitation, valuation estimates, inspections, pest reports, conditions, repairs, cost estimates, financial estimates, neighborhood information, photographs, property management terms, title, permits and lien information, that we may obtain from a variety of sources. Our provision of the Additional Property Information to Users does not in any way mean that we have endorsed or are endorsing the Property Owner or the Property Owner’s Listing or the outcome of any purchase of a Property. You hereby authorize Releaz to act on your behalf, if applicable, to gather the Additional Property Information and you agree to grant Releaz any necessary authorization to do so. You acknowledge that the Additional Property Information made available via the Services is current as of the date that it was generated and Releaz makes no warranties that the Additional Property Information will be accurate or up to date on that date that Users access and view the Additional Property Information.
You acknowledge and agree that unless you, as a Property Owner, have entered into a separate Listing Agreement with Releaz, in which case Releaz’s role, if any, will be addressed in the Listing Agreement, Releaz does not, either directly, or indirectly, act as your real estate agent or broker, contracting agent or other representative. Regardless of whether or not you have entered into a Listing Agreement, if an Investor wants to buy a Property included in your Listing, any contracts and/or Purchase and Sale Agreements that you enter into with the Investor, written or oral, will be between you and the Investor only. You acknowledge and agree that you, and not Releaz, will be responsible for performing the obligations of any contracts with the Investor, and Releaz is not a party to such contracts or Purchase and Sale Agreements and disclaims all liability arising from or related to such contracts. You represent and warrant that you will act in compliance with all applicable laws in connection with Listings you post using the Services and any sale of Properties to Investors.
3.3 Our liability – Disclaimers
We do not endorse any Property Owners and your posting a Listing does not mean you or your Listing is endorsed in any way by us, even if Releaz is acting as a Property Owner’s real estate agent or broker with respect to a particular Listing. We do not guarantee the sale of your Property after its Listing in our Site. We do not routinely conduct background checks on Property Owners, but we reserve the right to do so on a discretionary basis, and you agree to cooperate with us and provide us with all information and execute any forms necessary that we request from you in the event that we decide to conduct a background check on you. We’re not responsible for any damage or harm resulting from your communications or interactions with Investors or other Property Owners, either via the Services or otherwise. Property Owners are not employees, agents or otherwise contractors of Releaz, but are independent people who want to post Listings and connect with Investors.
Except to the extent expressly set forth in a Listing Agreement with Releaz, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of an Investor or other third parties regarding Listings or any Purchase and Sale Agreement you enter into with an Investor for purchase of a Property will be limited to a claim against the particular Investor or other third parties, who caused you harm and you agree not to attempt to make a claim for damages or liability against Releaz, or seek any legal remedy from Releaz with respect to such actions or omissions.
4. SPECIFIC TEMS APPLICABLE TO INVESTORS
4.1 Services to Property Investors – Fees
Releaz may offer to Investors the following services:
(a) Provide an Investor the opportunity to view and select from a pool of Properties, a Property that he wishes to buy and assist him with the whole transaction process from reservation to purchase.
(b) Deliver to Investor all documentation required for his evaluation of the Property.
(c) The opportunity to make bids to the Property Owners for the purchase of their Properties at the prices proposed by the Investor.
(d) Represent the Investor during the whole transaction process.
(the “Investors’ Services”)
If the Property Owner and the Investor enter into a sale and purchase agreement for the sale of a Property (the “Sale and Purchase Agreement”), Releaz shall be entitled to receive by the Investor a fee equal to 2% of the Transaction Value, plus VAT, at the time the Sale and Purchase Agreement is signed.
The provision of services under (d) is optional and Releaz may provide such services to an Investor under a fee which is specified in the Agency Agreement.
If you are an Investor and you wish to receive the abovementioned Services by Releaz you shall enter into a relevant agreement with Releaz which will be presented to you via the Services (the “Agency Agreement ”). The Agency Agreement will specify the terms and conditions under which Releaz will provide you the abovementioned services, as well as the rights and obligations of both Releaz and you. In the event of any conflict or inconsistency between these Terms and the Agency Agreement with respect to Releaz’s role, the Agency Agreement will govern.
4.2 Investor’s obligations
You agree that the Property Owner will require you to enter into a Purchase and Sale Agreement in order to purchase a Property that the Property Owner has listed and you agree to accept any terms, conditions, rules and restrictions imposed by the Property Owner as well as Releaz platform such as the lease of the Property by the Property Owner and the option of the Property Owner to buy back the Property within five years. You acknowledge and agree that you, and not Releaz, will be responsible for performing the obligations of any agreements with the Property Owner, and that Reeaz is not a party to such agreements or the Purchase and Sale Agreement and disclaims all liability arising from or related to such contracts.
Investor shall pay any expenses, costs and taxes in respect of the Sale and Purchase Agreement including, without limitation, the real estate transfer tax, the Land Registry cost and the notary public fees.
4.3 Our liability – Disclaimers
We do not endorse any Property Owner or Property Owner’s Listings. We don’t have an obligation to conduct background checks on any Property Owner, but we might do so on a discretionary basis. Releaz is not responsible for any damage or harm resulting from your communication or interaction with Property Owners or other Investors. We may, on Property Owner’s behalf, provide Additional Property Information to Investors via the Services about a Property Owner’s Listing. Releaz makes no representation that the Additional Property Information provided is accurate or complete.
With respect to a Property which an Investor desires to purchase, Investor represents that he has reviewed and understands all information available on the Site with regard to such Property. Investor also understands that any estimated financial information displayed on the Site are based upon third party information which has been obtained by Releaz. Investor further understands that any such financial information may not be accurate or complete and relies on such information at its own risk.
INVESTOR ACKNOWLEDGES THAT WITH RESPECT TO ESTIMATES, FORECASTS AND PROJECTIONS DISPLAYED ON THE SITE, (i) NO ASSURANCE CAN BE GIVEN REGARDING THE ACCURACY OR APPROPRIATENESS OF THE ASSUMPTIONS AND JUDGMENTS MADE, OR THE METHODOLOGIES USED AND SUCH ESTIMATES, FORECASTS AND PROJECTIONS ARE FORWARD- LOOKING STATEMENTS AND INVOLVE RISKS AND UNCERTAINTIES THAT MAY CAUSE ACTUAL RESULTS TO BE MATERIALLY DIFFERENT FROM THE ESTIMATES, FORECASTS AND PROJECTIONS. ACCORDINGLY, INVESTOR SHOULD RELY ON SUCH ESTIMATES, FORECASTS AND PROJECTIONS AT ITS OWN RISK.
Investor understands and acknowledges (i) that investing in real estate is risky and unpredictable; (ii) that the real estate industry has its ups and downs; and (iii) that the Property you purchase might not be able to result in a positive cash flow (iv) that the Property Owner may not pay the rent he has committed to pay and/or may not buy back his Property. Investor further understands and acknowledges that the value of any Property purchased may decline after you buy it and that future property values are unpredictable and may go down. Investor also acknowledges and agrees that Releaz is not an investment or tax advisor and you must make your own investment and tax decisions either alone or with the assistance of professional investment and tax advisors.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Property Owner or other third parties regarding Listings or any Purchase and Sale Agreement you enter into with a Property Owner for purchase of a Property, will be limited to a claim against the particular Property Owner or other third parties who directly caused you harm and you agree not to attempt to make a claim for damages or liability against Releaz, or seek any legal remedy from Releaz with respect to such actions or omissions. For additional terms regarding liability, please also refer to the paragraphs hereinbelow entitled “Indemnity” and “Limitation of Liability”.
In case that Investor proceeds to any action which may result in failure to complete the transaction due to his fault while he has already made a reservation for a Property, he shall be obliged to pay to Releaz a fee which is determined in the Agency Agreement.
5. WARRANTY DISCLAIMER
5.1 No Fiduciary Duty
Unless we have signed a written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
5.2 No responsibility
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE CONTENT, LISTINGS AND ANY USER CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
- Disclaimers regarding Services
WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
WE DO NOT ASSUME RESPONSIBILITY FOR ANY ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE SERVICES. RELEAZ DOES NOT PROVIDE REAL ESTATE, FINANCIAL, BUSINESS, ACCOUNTING, TAX OR LEGAL ADVICE. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
- Disclaimers regarding Content
You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice.
If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.
- Disclaimers regarding Third Party Content
WE MAKE NO WARRANTY AS TO THE IDENTITY, CHARACTER OR CONDUCT OF PROPERTY OWNERS AND INVESTORS AND ASSUME NO RESONSIBILITY FOR A PROPERTY OWNER’S OR INVESTOR’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS WITH WHOM YOU COMMUNICATE OR INTERACT, AS A RESULT OF YOUR USE OF THE SERVICES – PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. RELEAZ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROPERTY OWNER, INVESTOR, OR OTHER THIRD PARTY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED, CREATED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES, UNLESS TO THE EXTENT REQUIRED TO UPDATE EACH PARTY’S DASHBOARD AND RECEIVE OUR FEES. You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying measurements and square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions, unless agreed otherwise (vii) make no warranty as to the quality and accuracy and proper description of any Listing or the quality of properties. Listings and related information provided from third parties are provided solely as a convenience, and Releaz has not reviewed or confirmed any information originating from sources other than Releaz. All information should be confirmed by you.
WE MAKE NO WARRANTY AS TO THE IDENTITY, CHARACTER, CONDUCT OF ANY THIRD PARTIES INVOLVED IN THE TECHNICAL AND LEGAL DUE DILLIGENCE OF ANY PROPERTY AND ASSUME NO RESONSIBILITY FOR THEIR COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS OR THE ACCURACY OF THEIR FINDINGS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THEM. YOU SHOULD ALWAYS RELY ON INDEPENDEDNT CONSULTANTS WITH RESPECT TO THE ACCURACY OF THE INFORMATION PROVIDED IN THE DUE DILLIGENCE REPORTS ACCOMPANYING ANY LISTINGS. YOUR RELEAZ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SUCH THIRD PARTY.
You shall indemnify, defend and hold harmless Releaz, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with the following, to the extent that they have not be caused based on our wilful misconduct or gross negligence: (i) your access to, use or misuse of the Services, Listings, Content (ii) your User Content; your violation of these Terms; (iv) your non-compliance with applicable law in connection with your posting of Listings and sale of Properties if you are a Property Owner, or your purchase of Properties if you are an Investor; or (v) the acts or omissions of your third party property manager, real estate broker, agent, lender etc., (vi) your breach of your representation and warranties hereunder, (vii) your breach of any contract or other agreement you enter into in relation to our Services or through our Site, (viii) personal injury, property damage or other claims or damages related to the property defects, conditions, legality or suitability, (ix) your interactions or transactions with any other user; (x) infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity; or (xi) any payments due and payable by you to us or any third party in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
7. LIMITATION OF LIABILITY
- Assumption of risk
YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, IS AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY CONTACT YOU HAVE WITH INVESTORS, IF YOU ARE A PROPERTY OWNER, OR ANY CONTACT YOU HAVE WITH PROPERTY OWNERS IF YOU ARE AN INVESTOR, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
ADDITIONALLY, YOUR VISIT OF ANY PROPERTIES AND SURROUNDING PREMISES IS AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING ANY PROPERTIES.
- Limitation of liability
You agree that neither Releaz and its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content or any contractors, directors, and representatives are liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of reports, tools, analyses, agreements, data, information, opinions or other materials accessed through our Services or available through Content, to the extent that these damage or loss have not been caused by our willful misconduct or gross negligence. Additionally, you agree that Releaz is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RELEAZ AND YOU.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
We may terminate your access to all or any part of the Services or the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing deleting your Account in your dashboard and following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability and any other provisions which by their sense and context are intended to survive.
8.3 Entire Agreement and Severability
These Terms, the Listing Agreement and the Agency Agreement are the entire Agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous agreements, communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
8.4 No waiver
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
8.5 Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
No partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by mail, when receipt of such mail by the other party may be proved by any way. Electronic notices addressed to the Company should be sent to [email protected].
8.9 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Greece. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction of the courts of Athens, Greece.
If you have any questions, complaints or claims about these Terms or the Services, you may contact us at [email protected].
These Terms have been written in Greek and English languages. In case of doubt, the Greek text prevails.
Effective Date of Terms: 5/10/ 2021