|
“CASA.SAPO – NATIONAL REAL ESTATE PORTAL" CLASSIFIED ADS SERVICE
GENERAL CONDITIONS OF USE AND PRIVACY
1. INTRODUCTION
These Particular Conditions regulate the utilization of the web service of classifieds
present at the URL http://www.casasapo.es, http://anunciosbr.casa.sapo.pt, http://casa.sapo.ao,
http://casa.sapo.cv, http://casa.sapo.mz, hereinafter referred as “CASASAPO”, that
Janela Digital, Informática e Telecomunicações, S.A., hereinafter referred as “Janela
Digital”, makes available to internet users.
By accessing the Classifieds Service of CASASAPO, the service Users, hereinafter
referred as “Users”, state that they agree and fully accept the General Conditions
of Use of CASASAPO Portal, as well as these Particular Conditions.
These Particular Conditions of Use are not applicable to the Classifieds web service
existing at URL http://casa.sapo.pt .
To the users, it is asked that, before they make their registration with CASASAPO
Portal, they accept these Particular Conditions, by clicking the button existing
at the end of this text, with the following:
“I accept the General Conditions of Use of Casa.Sapo and the Particular Conditions
of Use of the Classifieds Section of CASASAPO, of which I have perfect knowledge.”
Janela Digital reserves itself the right of changing unilaterally, at any time and without previous warning, the presentation and configuration of the Classifieds section of CASASAPO Portal, as well as the Services and the requested conditions for it’s utilization. We will notify the users of any changes that may take place, using for this effect any area of CASASAPO or the sending of messages for the electronic address of the users.
2. DESCRIPTION OF THE SERVICE
2.1. Service Subject
The Service, for the purpose of these Particular Conditions Terms and Conditions,
consists of the concession of space in the web pages of the service of classifieds
of CASASAPO portal, for the advertising of real estate classifieds online, allowing
the insertion, elimination and visualization of the classifieds by the Users.
The mentioned Service is characterized by the publication and management of classified
ads of real estate properties by the Users, these being the ones who proceed to
the description of the real estate property through the filling of fields, mandatory
or optional, related with several characteristics of the property (business purpose,
property type, floors, location, net area, gross area, price, features, among others.)
2.2. Available services at Classifieds
Users, to proceed to ad insertion, need to fill all fields signaled as mandatory relatively to the property’s description,
introducing up to 20 pictures of the property or of its plan. Failing to fill the
mandatory fields cuts the possibility of advance to the following form, stopping
the operation of classified insertion.
Ad management by the Users allows them to eliminate the content at any time, access
the list of inserted ads (active and inactive) and statistics, where they can consult
visualization and clicks of their classified, manage contacts, and know the remaining
time of advertising. It is only allowed one property for each classified.
The country selected at step 1.3, Localization, determines the national portal where
the Classified will be advertised. Classified will not be advertised in any of the
other national portals.
- If User selects “Spain”, classified will be advertised at http://www.casasapo.es
- If the User selects “”, the ad will be published in http://anunciosbr.casa.sapo.pt
- If User selects “Angola”, classified will be adverstised at http://casa.sapo.ao
- If User selects “Cape Verde”, classified will be advertised at htpp://casa.sapo.cv
- If User selects “Mozambique”, classified will be advertised at http://casa.sapo.mz
2.2.1. Advertising
The service includes the following functionalities:
a) Possibility of insert pictures/images of the property (up to 20 pictures per
ad; each photo can not exceed 3 Mb.)
b) Option to insert videos of the property (maximum of 3 videos per ad; each video
cannot exceed 20 MB)
c) Publishing on the section “Latest entries” of the main search engine of Casa
Sapo portal. This search engines appears at the opening of CASASAPO portal and
will potentially be the most visited by the thousands of CASASAPO portal visitors.
d) Publishing on the Classifieds search engine of CASASAPO portal.
e) Option of immediate sending of the classified to real estate professionals acting
in the surrounding area, which will contain User’s name and telephone number, as
well as the type of business (rent, holiday rent, sale, etc.), municipality, property
category and advertised price);
f) Warnings (by e-mail) about the expiration date of the classified;
g) Warnings (by e-mail) about the expiration date of the classified;
h) Possibility of automatic renovation.
i) Premium packs also include exportation service to a Network of Portals, which
can be consulted in http://casa.sapo.pt/Classificados/Extras.aspx
3. REGISTRY ON THE CASASAPO CLASSIFIEDS SERVICE
To use the CASASAPO Classifieds service, Users must register at CASASAPO portal.
On the registering procedure, Users insert email address, name, telephone, Country
of Residence and password, having immediate access to all services. Simultaneously,
users will receive an e-mail with their Username and Password, which will be requested
in future accesses to the Service. Users may, at any time, change their password.
The registry is valid for the national portals http://www.casasapo.es, http://casa.sapo.ao,
http://casa.sapo.cv e http://casa.sapo.mz.
4. PRICING
a) Prices and conditions applicable to the Service of publishing and management
of Classifieds at CASASAPO may be changed unilaterally and without previous warning
by Janela Digital.
b) The prices and conditions applicable will be shown at the area “Pricing”, at
the Classifieds section homepage, as well as during the insertion process of the
classified, allowing Users to choose their option, having all information required
to make their option, before payment and publishing the classified.
c) To the Service, applies always the prices and conditions valid by the date of
subscription by the User, and until the end of the advertising period acquired.
Any changes to the prices and conditions of the Service, occurred after the adjudication
by the User and during contract period, will not reflect on the contract, but only
if the Users intends to renew the service.
d) Prices and conditions may vary, according to the different URL http://www.casasapo.es,
http://brasil.casa.sapo.pt/, http://casa.sapo.ao, http://casa.sapo.cv or http://casa.sapo.mz
5. PAYMENTS
You may choose between the following means of payment:
5.1. Automatic (online) throught VISA system of payments.
Payment mean, by UNICRE, allowing integration with international VISA system.
5.2 ATM or Home Banking
This mean of payment generates a reference, which, jointly with company number of Janela Digital and the amount to pay, allow payment in an ATM machine or at Home Banking (the data are shown at Order Note.) Valid only in Portugal. Janela Digital is not responsible by eventual failures of payments made at ATM or at the Home Banking of Users' Bank.
5.3. Cheque (send by mail at Janela Digital, S.A., Parque Tecnológico de Óbidos,
Rua da Criatividade, Lote 6, 2510-216 Óbidos – PORTUGAL), with associated Order
Note – which indicates the type of classified, the type of payment, the subscribed
services at the advertising period of the classified.
In case of payment by cheque, it will be sent to the Users the respective receipt. For any questions related to cheque payment, Users cancontact Janela Digital at the telephone (+ 351) 262 840 465 (Call to national fixed network), in week days from 9 Am until 13 Pm - 14 Am until 19 Am, or drop us a line at classificados@janeladigital.com. 5.4 Paypal System Through a PayPal account, you can safely make payments, using your PayPal balance, credit card or bank account.
6. ACTIVATION/PUBLISHING CLASSIFIEDS
The inserted classified by the Users will be published online at CASASAPO after
the validation of payment made by the User and the evaluation of the classified’s
content.
a) Validation of payment • In the case of automatic payments, this validation occurs as soon as Janela Digital gets confirmation of good payment by the VISA system. In most cases, this confirmation is automatic, but matters related with VISA system or the intervening banks may make this operation longer. • In the case of ATM or Home Banking payment, the validation occurs after the confirmation of making the payment by UNICRE, which may take up to 2 week days. • In the case of cheque payments, this validation occurs after reception and good charging of the cheque. • The non confirmation of the payment implies that the Service will not be activated.
b) Option to insert videos of the property (maximum of 3 videos per ad; each video
cannot exceed 20 MB)
• The ad will only be placed online after being filled all mandatory fields and if the ad does not have, in the text or the pictures, any words or images that may, at Janela Digital’s own and single discretion, be obscene, pornographic, threatening or, in any kind of way, originate civil or criminal responsibility by the law. When possible, Janela Digital will notify the Users, by e-mail, of the missing elements, or will invite Users to change the classified’s content when it violate the stablished editorial or publishing principles. • It will not be published any kind of pictures that violate rights of privacy, publicity or registered trademarks, namely having logos identifying companies, trademarks os services. • The ad can be published on SUPERCASA • In private listings you may be asked for documentation to prove that you own the property.
7. REIMBURSEMENTS
No refunds will be made to Users after the purchase of a plan to advertise the ad, highlights, advertising or any other product.
8. ELIMINATION AND CHANGING OF CLASSIFIEDS / PERSONAL DATA
Users can eliminate the Classified, a possibility that should be used after the
conclusion of the business intended for the related property. The elimination of
the classified does not entitle the User to any reimbursement nor to the replacement
of the classified by another, in the remaining advertising period of the initially
published classified.
9. RESPONSIBILITY
a) It is of the exclusive responsibility of the Users all the information that they
make available; Janela Digital refuses all responsibility by eventual non-correspondence
of it to reality or the law.
b) It is the responsibility of the Users the elimination of the classified, after after the conclusion of the business intended for the related property. And before the end of the subscribed period for online advertising of the classified. c) Janela Digital is not responsible if the User’s fails to get any contacts for the business intended, nor by the lack of success of it. d) Janela Digital is not responsible for damages, accidentally or voluntarily caused to Users by third parties or related to the utilization of the CASASAPO Classifieds Service. e) Users are responsible for any damages caused by evil or incorrect utilization of the CASASAPO Classifieds Service, to Janela Digital or third parties, indemnifying accordingly, including legal and attorney’s fees. f) Janela Digital and CASASAPO are not responsible for the User’s fail to receive contacts, requests or other kind of messages sent to the User’s but not received in the User’s e-mail address, indicated for that purpose.
10. APLICATION OF VALUE ADDED TAX (V.A.T.)
a) the verification of the applicable VAT regime to Users established outside of
the territory of the Portuguese Republic, is according nº9 of Article 6 of Código
do IVA:
a) relative to Users established in European Union member-states b) relative to Users established outside the European Union (including “third countries or territories”, in the meaning, respectively, of c) and d) of number 1 of Article 2 of Código do IVA) b) In the case of Users established in European Union member-state, verifying of applicable VAT regime is made through a technical connection (web service) between CASASAPO and VIES (VAT Information Exchange System), available at http://ec.europa.eu/taxation_customs/vies/lang.do?fromWhichPage=vieshome&selectedLanguage=PT (Portuguese). c) If the tax number is not recognized by VIES as a valid one, VAT will be added, by the valid percentage at the time. d) It is of exclusive responsibility of the User the given information relative to his tax number or the State or Territory where he is established, for verification of applicable VAT regime, and accordingly with a) of number 9 of these Terms and Conditions. e) By completing the payment, the User accepts the VAT regime which is applied to him at that moment. f) Janela Digital will not accept a posteriori requests for reimbursement of the amount paid for VAT.
11. VIOLATION OF SERVICE CONDITIONS
In Users violate any of the General Conditions of Use of the CASASAPO Portal, as well as any of these Particular Conditions of Use, Janela Digital retains the right of remove the classified, rescinding the contract, although the rescission may be communicated to the Users, at least three days before the removal, unless when motivated by illegal acts.
12. EXPIRATION AND RENOVATION OF CLASSIFIEDS
a) Users that have introduced a Classified will be notified of the expiration of the respective time of advertising, by e-mail, which will be sent up to 5 days before the end of the advertising period. b) This notification will contain a functionality allowing the renovation and payment of the classified. The Classified will only be renewed if the payment is validated until corresponding expiration date. If payment’s validation is after, the classified will be published again. c) After the end of the advertising period, Users will be notified, by e-mail, that the classified is not online anymore.
13. DURATION, SUSPENSION AND TERM
a) These Particular Conditions of Use are valid for an uncertain period. b) Janela Digital retains the right of cease unilaterally this service, at any time and with a warning of 15 days.
14. NOTIFICATIONS
Users agree to receive notifications related to the Classifieds service or to their relation with Janela Digital, including any changes to these Particular Conditions of Use, to the e-mail address inserted at User’s registry, filled by them, to access the CASASAPO Classifieds service, unless the Users indicate another way of communication, by letter (sent to Janela Digital, S.A., Parque Tecnológico de Óbidos, Rua da Criatividade, Lote 6 2510-216 Óbidos – Portugal), with at least 5 days before the date they pretend the communication way change takes place.
15. LAW
a) To all questions not expressly regulated in these Particular Conditions of Use, is applicable the General Conditions of Use of CASASAPO, and subsidiarily, the Portuguese Law. b) For the resolution of any conflicts resulting of the use of the services described in these Particular Conditions of Use, the Court of Caldas da Rainha will be used, the User's renouncing to any other.
16. ACCEPTATION
The use of the CASASAPO Classifieds Service by the Users implires the knowledge and unconditional acceptance of the General Conditions of Use of the CASASAPO Portal, as well as these Particula Conditions of Use.
II. PRIVACY POLICY
CASASAPO Portal only uses data that are necessary to the correct use of it’s services, according to explicit indications at the website and User’s options
1. PERSONAL DATA, PRIVACY AND SECURITY
a) By registering at CASASAPO Portal and using the Service, Users insert personal
data, like name, e-mail adress or telephone number. Janela Digital protects all
the information inserted, according to Portuguese Law and this Privacy Policy.
b) Users do consent the gathering and electronic treatment of their data, authorizing
Janela Digital to put these data in an appropriate database. Janela Digital is responsible
for the protection of this database and the data existing in it.
c) Personal data ceded by Users are to the execution of the Classifieds service
of CASASAPO Portal, namely to the publishing and advertising of real estate classifieds
and it’s visualization.
d) Users can, at any time, consult and change, through Internet, their personal
data, ceded to Janela Digital, as well as delete, correct or complete it, and can
request their data not to be the target of direct marketing activities or any kind
of commercial prospection by third parties.
e) Users also have the right to request that changes made to their personal data,
ceded to Janela Digital, to be notified to third parties to whom their data have
been communicated; Janela Digital will make those notifications, unless they turn
up to be completely impossible.
f) The possibility of changing their data does not include changing data inserted
in the classified of the real estate property after it’s publishing online; the
classified will remain unchanged for the duration of the advertising period (3,
4, 8, 26 or 52 weeks).
2. DATA TREATMENT
Users expressly consent and authorize Janela Digital, Informática e Comunicações
S.A., Tax Number n.º 504 512 501, based at Parque Tecnológico de Óbidos, Rua da
Criatividade, Lote 6, parish of Santa Maria de Óbidos, municipality of Óbidos, Portugal,
hereinafter referred to as “Janela Digital”, to:
a) Include in the personal data file, which Janela Digital is owner and responsible,
personal data obtained for this Service, for automatized treatment or not, with
the purpose of using it for Classifieds Service, described in the Particular Conditions
of Use, as well as for the update and improving of the service offered in CASASAPO,
now and in the future.
b) Cede or communicate their personal data to real estate professionals, when Users
activate this option.
Users are informed of the revocable character of this consent, as well as, relative to ceded data and according to Law 67/98, of October 26th, (“Law for the Protection of Personal Data”), of their rights of opposing the treatment, information, access, rectification or elimination, which may become effective, by the applicable law, at any of the previously mentioned addresses as well as the base of the person responsible for the treatment, at Parque Tecnológico de Óbidos, Rua da Criatividade, Lote 6, parish of Santa Maria de Óbidos, Portugal, or through the e-mail ca@janeladigital.com . The right of revoking this consent may be exerted partially, the Users being able to oppose themselves, that their data is used for some purpose. Users are also infomed that their data will be treated by Janela Digital in a confidential manner and always according data protection law applicable.
3. CESSION / COMMUNCATION OF DATA
Users expressly consent and authorize Janela Digital to cede or communicate their data to Real Estate Agents and professionals if they activate the option existing at confirmation step. This consent may be revoked by Users at any time, to whom will be assured, by the respective company, relative to ceded data, rights of opposition to treatment, information, access, rectification and elimination, which may become effective, according to applicable law, at any of the previously mentioned addresses as well as the base of the person responsible for the treatment, at Parque Tecnológico de Óbidos, Rua da Criatividade, Lote 6, parish of Santa Maria de Óbidos, Portugal
4. SECURITY MEASURES
Janela Digital informs that has adopted, relative to treatment centers, places, equipments, systems, programs and people intervening in their treatment, adequate security measures, of Personal Data protection and has installed all the means and technical measures possible to avoid accidental or illegal destruction, accidental loss, bad use, change, unauthorized access or steal of Personal Data ceded by Users to Janela Digital. Nonetheless, Users must be aware that data transmission on the internet cannot have full technical reliability, being heterogenous networks, of characteristics and technical capabilities diverses, and so their data may circulate on the network, with the risk of being accessed by unauthorized third parties.
5. COOKIES
Janela digital informs that may send, to Users’ computers, a file, “cookie”, which will register Users activities at the visited webpage for information gathering regarding user’s activities and about the most searched áreas, as well as consumption habits. “Cookie” will also allow to stablish a communication between the server and User’s machine, keeping all data necessary to his identification for the Access to His personal data. Users can configurate their computer to refuse the instalation ofthe “Cookie”. Janela Digital warns that, however, refusal of the Cookie may imply inefficient use of the CASASAPO Classifieds Service. 6. ALTERNATIVE DISPUTE RESOLUTION In the event of a dispute, the consumer may use a Consumer Dispute Resolution body:
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Centro de Informação de Consumo e Arbitragem do Porto
More information available in the Consumer Portal
|
|
|