Article 1 : Introduction
1.1. Shelterr.com the website (hereinafter " Shelterr.com " or " Website ") is operated by the REP Holding S.à.r.l, Boulevard de la Foire 1, L – 1528 Luxembourg,
The website is intended for publication of online ads for the sale and rental of property such as houses and apartments located around the world.
1.2. These terms and conditions are intended to define the services offered by Shelterr and related legal effects. The user of the service offered by Shelterr acknowledges to have read and accepted without reservation, these terms and conditions. Shelterr reserves the right to change without notice these terms and conditions (including the provisions traits access to the services). Any modification of these terms will come into force within eight days. The website user is therefore invited to consult these terms regularly.
Article 2 : Publication of a real estate ad and password
2.1. Users are free to inspect the contents of Shelterr.com and ads without identifying themselves through a password. Users who wish to publish an ad or interact with other users must first open an account and fill out a form on their personal data. This personal account is protected by a password that is determined by the user. It is up to the user to ensure the preservation of their username and password. The user is solely responsible for the information published on its behalf and disclosure of their password to third parties.
2.2. Publishing properties on Shelterr.com is a free service. The service of online publishing, however, is not free if the ads were uploaded through an external software management system. Shelterr invoices to the advertiser at the end of each month , the amount charged by the software plus a 5% interest on the amount charged. The amount charged by the software is a fixed amount per on-line ad , the interest in itself consists of the administrative and management fees related to the interface between the software and Shelterr.
2.4. Shelterr also offers paid services to private and professional users. These services, however, are not required to ensure the proper implementation and management of online publications on the platform. Private and professional users of the platform will be informed at every activity of these services, hereby offering users a more comprehensive management interface, additional features, and active advertising services on the platform.
Article 3 : Personal Data and Privacy
3.2. User data may also be used for marketing, advertising and statistic purpose, that is to say, to keep users informed of our services, promotions, and the arrival of new partners. This data could possibly be transmitted to other companies for a marketing and statistic use as well. Users can easily and freely oppose to such use of their data, as well as obtain the modification or deletion of data concerning themselves, by sending an e-mail to [email protected] or a letter to the following address: REP Holding S.à.r.l, Boulevard de la Foire 1, L – 1528 Luxembourg,. At any time, the user can proceed to the immediate deletion of his account on the website.
3.3. Additional information regarding the protection of privacy can be obtained on request from the Commission on the Protection of Privacy by email to [email protected]
Article 4 : Intellectual Property Rights
4.1. All content on this website - including logos, text, offers, images, graphics, and database, belongs exclusively Shelterr, and is protected by copyright and the rights of the producer of a database.
4.2. Shelterr grants users the right to consult the publications on the website within the limits set by these Terms and Conditions.
4.3. Any copying, translation, adaptation, modification, or use whatsoever of any of the protected elements of the website or mobile application, is strictly prohibited without the prior written consent of Shelterr, and give rise to prosecution.
Article 5 : Responsibilities
5.1. The service proposed by Shelterr consists of making available to its users information on offers of real estate transactions for exchange, and facilitate contacts between them. Through this activity, Shelterr performs the role of intermediary, and cannot be considered as a party in transactions between users. As such, Shelterr could not in any way be held liable for damage caused to a user in connection with the sale or lease of property.
5.2. The announcements on the website do not constitute "offers to sell " under civil law.
5.3. Shelterr offers no guarantee and is not responsible for the accuracy, usefulness, sustainability, appropriateness or the potentially offensive nature of information published via the online service. Shelterr is not responsible for the deletion of data contained on its website. Shelterr is not responsible for omissions or incorrect information posted by users. People who posted the ad are solely responsible for the accuracy of the data included in their ads. Neither Shelterr nor the person who posted the ad can be held responsible if the property is no longer available when a user views the ad. Shelterr invites its users to always make direct contact with the person who posted the ad (individual, real estate professional, realtor, notary) to confirm that the goods advertised is still available, and to obtain any additional information on the property and price. Shelter's responsibility can never be questioned because of the content posted by third parties.
5.4. Shelterr could in no way be held responsible for damages caused to users by computer viruses. Users are required to install software on their computers with anti -virus protection before connecting to the website. Users are required to log onto the website via a secure network, and can not hold Shelterr responsible for the use of a non- secure network.
5.5. Shelterr is not required to check the reliability of external links on its website and cannot be held responsible for the content of the sites to which these links lead.
5.6. Shelterr reserves the right at any time and without notice, to suspend the access to its website for technical reasons or otherwise, and to unilaterally terminate its services. The suspension or termination of its activities would not give rise to any liability of any account whatsoever.
5.7. The information published by users may be modified or adapted by Shelterr, among other things for technical reasons.
5.8. Users agree to not provide false or fictitious information in the publication of an advertisement or during the exchange of information with other users. Advertisers agree to not post messages or images which infringe rights of third parties or which are contrary to public order and morality. Users also agree to not use the Website for illegal purposes, including undermining the reputation of others and Shelterr, in violation of intellectual property rights of others, or that infringe their privacy. Registration to the website implies being over 18 years old and to have the legal capacity to enter a contract. On Shelterr.com users can also report an ad that would not be accurate. Shelterr then reserves the right to remove this ad after thoroughly checking it’s authenticity within 24 hours after notification.
5.9. Users must hold all rights and require approvals before publishing ads on a property. Users ensure any compliance with their local legislation before publishing on the website.
5.10. Shelterr can locate the property on a map. Plans, maps, geographic data and mapping are the exclusive property of Google. These plans may not be reproduced or used for an other purpose than to make a real estate research on shelterr.com. A copy of the data can only be used for private reason. Shelterr is using an API for the location of the property on a map, which is owned by Google. It can therefore not be held responsible for the operation of plans, maps, and geographic data. It may be that these plans contain errors or inaccuracies. Shelterr cannot be held responsible for such errors or inaccuracies being a third party service. We invite users to contact us at [email protected] for any problem arising on a map or a plan used by shelterr.
Article 6 : Access to the website and links to third party websites
Shelterr reserves the right to deny access to its web site to any person to violate these terms. In case Shelterr provided a link to another site, it could not be regarded as issuing or approving and authorizing such websites or content. Shelterr could also not be held responsible for the validity of the link, the site content, or the accuracy of data on the site. Only the operators of the site are held responsible for the compliance with applicable laws and in force on their website.
Terms and conditions
Users who wish to buy the services of the site state have full legal capacity. They must read and accept these terms and conditions for accessing and or purchasing services from this site. The user agrees to these terms and conditions, and agrees to be legally bonded thereto. This agreement is subject to change at any time. Changes are effective when posted on this site without notice upon each subscriber. Any person under legal age or with particular disability within the meaning of Article 1123 of the Civil Code, can in no way buy through the site, by bank transfer, mail, fax or telephone. Consultation of supply and services is then the responsibility of their legal representative. This legal representative must respect the presented stipulations.
These conditions apply worldwide for the online ale, by mail, by fax and by telephone . They aim to define the terms of sale between Shelterr and the user ordering services. They regulate all the steps necessary for placing the order and ensure the tracking of this order between the contracting parties. The parties agree that their relations will be exclusively governed by this contract, excluding any conditions previously available on the site.
Article 7 : Services
The user has the option to place an order either online, by credit card, bank transfer, mail, fax, phone, or directly from the documents provided by a Shelterr sales representative. The order can not be registered unless the user has clearly been identified. Any order implies acceptance of these terms of sale, and the acceptance of the price and the description of services as they are found on the website. Shelterr agrees to fulfill orders received only within the limits of the availability of services. Within 24 hours after placing your order online, Shelterr sends an email to the address you have provided, to confirm your order.
Article 8 : Payement
You can pay with Visa, MasterCard, or bank transfer. Upon validation of the order, a wide selection of payment methods is offered, tailored to your lifestyle and needs. All our payments are completely secure: the server is in encrypted mode and all information conveyed is encrypted. No personal information shall be shared on the website.
8.1. By CREDIT CARD : You specify your Visa card or Mastercard, the check number and the expiration date. Sampling occurs after billing your services as agreed with your bank. In some cases, the Card-Reader (Web banking security tool) from your bank will ask you for more information in order to increase the security of the transaction. The subscriber's credit card will be billed immediately after purchase. After purchasing, the subscriber will receive an email notification with all payment details. The final contract between the client and Shelterr stands once the order is submitted. All orders will be processed immediately. All issues related to orders will be processed within two business days. We recommend you to print out transaction data and general conditions of sale and keep them in an easily accessible place.
8.2. By TRANSFER : The sale of the service is definitively concluded after a period of 24 hours after taking the service. This payment is subject to the prior approval of Shelterr who can refuse the order, in particular case of non-payment of a previous debt. On the Internet, payment by bank transfer after receipt is reserved for the customers who used this method of payment with Shelterr.
In case of non-payment or late payment of the invoice, all the debts in respect of Shelterr become payable by right. The amount due will be increased as of right and without prior formal contractual interest up to 12% per year and a lump sum of 15% with a minimum of 40 €. The debtor is also obliged to pay all fees - both judicial and extra - which will emanate from the recovery of an unpaid bill. The extrajudicial collection costs are fixed in an amount equal to 15% of the total amount due, with a minimum of 120 €. There are no refunds for services purchased on the website of Shelterr.com.
The site may impose periodic subscription fees during the initial registration for the subscription to the service. The user is responsible for these charges under the terms and conditions of the site. It is possible that the billing is done automatically and periodically recurrently. In accordance with the terms and conditions of the site, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time and for a similar or different amount, unless notice of cancellation is received from the user. As long as this agreement is not canceled in accordance with the terms hereof, the user authorizes Shelterr to charge the user, via the payment method chosen by the user, to pay for the cost of the current membership. The user also authorizes Shelterr to charge the payment method chosen by the user to any and all additional purchases of services provided on the site.
8.3. By ELECTRONIC RECEPTION : Users will receive a receipt by e-mail during the initial subscription. The user can request a copy of the expense account of their membership to the site, Applications should be addressed directly to shelterr.com.
8.4. CANCELLATION : At any time and without cause, subscription to the service may be terminated by either Shelterr.com or the user, upon notification of the other party by electronic or conventional mail, chat or phone. Users are responsible for costs incurred up to the date of termination. Using the online form to cancel your membership, as opposed to contacting Customer Service by phone or chat, can result into the immediate loss of access to the site.
8.5. REFUND : Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used memberships. The cancellation of all future recurring billing may be requested pursuant to the preceding article (Cancellation). Shelterr reserves the right to grant a refund or a credit toward the purchase on site at its discretion. The decision to pay a charge does not entail the obligation to issue additional future payments. If Shelterr issues a refund for any reason, it will be credited solely to the payment method used in the original transaction. Reimbursement will not be made in cash, by check or other payment mechanism. All chargebacks are thoroughly investigated and may prevent future purchases on shelterr.com in order to prevent future fraudulent transactions on the subscriber’s card.
8.6. AUTHORIZATION TO USE : Site users are allowed to a single access right to access the service or content on the site. This access rights shall be granted exclusively to a user. All access rights are issued for personal use and should not be used for commercial purposes or by any third party. Commercial use of this site or its contents is strictly prohibited unless authorized by the website. No information or materials available on the site may be transferred to another person or entity.
8.7. SIGNATURE AND PROOF : Any user of the website who does not hold a client number must follow a registration procedure allowing him to obtain his customer number. In all cases, the final validation of the order implies acceptance by the user, of the service in its entirety and of the price indicated. This validation stands as a signature and hereafter makes the user responsible for every action taken on the website. The user has the right to notify Shelterr, without incurring a penalty and without giving reasons, to renounce the purchase within 24 hours from the time of service initiation.
8.8. LIABILITY AND DURATION : Shelterr acknowledges, for all stages of accessing the website, the order process service and subsequent services, an obligation of means. Responsibility for Shelterr can be incurred for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses or any other incident of force majeure, in accordance with jurisprudence. These conditions apply throughout the duration of the use of the service as proposed by Shelterr.
8.9. EVIDENCE AND FILING : The records securely stored in computer systems of Shelterr and its partners, will be considered as proof of communication, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable support so as to correspond to a faithful and durable copy.
8.10. MISCELLANEOUS : The services sold by Shelterr conform to the description and presentation on commercial media or on the website. Despite all our efforts, errors may have crept in. Except in cases of contractual or legal provision to the contrary, all operations between Shelterr and the user, not contested within 7 days of taking possession of the service, can not give rise to a claim.
Article 9 : Invalidity
The possible invalidity of any provision of these Terms shall not cause the invalidity of other contractual provisions.
Article 10 : Applicable law and jurisdiction
10.1. These Terms and Conditions are governed exclusively by Luxembourg law.
10.2. Any dispute relating to the execution or interpretation of these Terms and Conditions subject to the exclusive jurisdiction of the courts of Brussels.
Article 11 : Contact
Users are invited to send their questions and complaints to REP Holding S.à.r.l, Boulevard de la Foire 1, L – 1528 Luxembourg,
© 2014, Shelterr