TERMS AND CONDITIONS OF USE

1. GENERAL INFORMATION


These conditions of use (the " Conditions of Use ") regulate the access and use of the website hosted under the domain name https://tiko.es/ (the " Website ") as well as the contents and services that the owner of the Website makes available to its users (the " Users ").

Likewise, these Conditions of Use establish, together with the Privacy and Cookies Policy, regarding the management of personal data of Users, the terms and conditions by which the Website is governed (the " Terms and Conditions ") ).

In compliance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following identification data of the owner of the Website is exposed:

TIKO REAL ESTATE TECHNOLOGIES, SL, a company of Spanish nationality, domiciled in Madrid, Paseo de la Habana 28, 1° D, 28036, duly registered in the Mercantile Registry of Madrid, Volume 36,461, Folio 36, Sheet number M-655,085 and provided with NIF B-87.925.947 (" TIKO "). The contact email is: [email protected]


2. ACCEPTANCE


Access to the Website or its use by the User necessarily implies, and without reservation, knowledge and acceptance of these Terms and Conditions, therefore, it is recommended that the User read them carefully in case of use of the Website.

Access and use of the Website is prohibited for Users under eighteen (18) years of age. Therefore, by accepting these Terms of Use, the User acknowledges that they are a person with sufficient capacity to acquire the obligations arising from their actions and that they have read, understand and accept their content.

TIKO reserves the right to modify the Terms and Conditions at any time, in which case they will be effective and applicable to all Users of the Website.

TIKO reserves the right to deny access to the Website to any natural or legal entity at any time.


3. SERVICES


3.1. What does TIKO do?


TIKO is a company dedicated to the direct acquisition of real estate from individuals, which it subsequently reforms and sells to third parties. Tiko greatly simplifies the sales process because it takes care of all the necessary paperwork and is able to complete the purchase quickly once the offer is accepted.


3.2. How does TIKO work?


Through the Website, Users interested in selling their apartment must complete a basic form with the following information in order to obtain an offer from TIKO for the acquisition of the property:

  • Address and zip code of the property we wish to sell.
  • Personal data of the seller: Name and surnames, email and telephone number.
  • Number of bedrooms and bathrooms, and link to advertisement on real estate portal (if applicable)

Subsequently, the TIKO team will contact the User, through the contact telephone number or the email address provided, in order to verify the data and explain the procedure. With all this information and through its technology (algorithms that use information from similar properties on the market), TIKO will carry out an analysis of the property. Subsequently, TIKO will give the user an answer as to whether or not they can make an offer for their home, depending on its characteristics.

If the owner accepts the offer within seven (7) calendar days after it is sent, TIKO's technical team will go to the property to carry out a technical inspection of it and to check its condition.

Subsequently, they will go to the notary to sign the sale and TIKO will give the seller the final price set by the parties in a single payment.


4. INTELLECTUAL AND INDUSTRIAL PROPERTY


All the information contained in the Website, including its graphic design and source code, are protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, and the rest of the regulations that regulate Intellectual Property.


These rights belong exclusively to TIKO or its licensors, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the Website and in general any act of of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.) as well as of the databases and the software necessary for the visualization or operation of the same and of any object that according to current legislation is protected by intellectual property regulations.


Users may not under any circumstances exploit or use commercially, directly or indirectly, in whole or in part, any of the contents that make up the Website without the prior written authorization of its owner.


Authorization for the use of any content on the Website can be requested from the email address [email protected] The provisions of the preceding paragraphs will not imply in any case the assumption of responsibility by TIKO for the content, nor may it generate the right to compensation for Users or third parties.


Trademarks, trade names, store signs, denominations, logos, slogans or any type of distinctive sign shown on the Website and belonging to TIKO, and very specifically, the word "TIKO" may not be used without prior written authorization. by TIKO.


TIKO expressly reserves any civil and criminal actions, by virtue of Spanish and foreign legislation, that may correspond to it as a consequence of the violation of the peaceful possession and/or unauthorized use of industrial and intellectual property rights.


5. TECHNOLOGICAL LIMITATIONS


We inform the User that, as a result of carrying out maintenance work, in certain cases there may be temporary interruptions to the Website.


We also inform the User that, in addition to those indicated above, there is a wide variety of factors that may affect the Website and/or its quality, such as, by way of example, but not limitation: environmental conditions, network saturation, connectivity, third-party software, etc.


Likewise, TIKO may eliminate, limit or prevent access to its Website when technical difficulties arise due to events or circumstances beyond TIKO's control that, at its discretion, reduce or annul the security levels or standards adopted for the proper functioning of the Website.


Through the following email address you can contact us to report any errors you detect, as well as comments and suggestions: [email protected]


6. PROHIBITED USES AND RESPONSIBILITIES


The User acknowledges and accepts that he uses the Website at all times at his own risk and responsibility, for which TIKO is not responsible for any misuse, improper use or use contrary to these Terms and Conditions that he may make of them. The User agrees not to use the Website or the services negligently, for fraudulent purposes or for the purpose of infringing the Law.


Consequently, the User will refrain from using the Website to carry out any illicit activity. In particular, but without limitation, the User will refrain from using the Website to:


  1. Impersonate the identity of other Users or third parties;
  2. False operations;
  3. data falsification; Y
  4. Any conduct that involves a fraudulent act.


The User will not carry out any activity that may cause damage or harm to any third party, as well as to TIKO and the operation and/or development of the Website.

In no case will TIKO be responsible for:


  1. Losses, damages or losses of any kind that arise from accessing and using the Website, including, but not limited to those produced in computer systems or those caused by the introduction of viruses and/or computer attacks.
  2. The damages that Users may suffer due to inappropriate use of the Website, and due to falls, interruptions, absence or defect in telecommunications.
  3. The veracity, integrity or updating of the information that is not of its own elaboration.
  4. Of the information indicated by another source or of that contained in other websites through a hyperlink from the Website.
  5. Of the possible discrepancies that, on a transitory basis, may arise between the version of your printed documents and the electronic version of the same published on your Website.


In any case, TIKO will only be liable for those damages that the User may suffer as a result of a malicious act, or manifestly negligent on our part, in relation to access to the Website, the provision of our services, as well as the use of our services. content, tools and functionalities.


7. THIRD PARTY LINKS


TIKO does not assume any responsibility derived from the links that make it possible, through the Website, for the User to access features and services offered by third parties, provided that they are unrelated to the Website. Therefore, TIKO is not responsible for the information contained therein or for any effects that may arise from said information.


If any User or third party observes that such links may be contrary to law, morality or public order, they must inform TIKO via email: [email protected]


8. CONFIDENTIALITY AND DATA PROTECTION


By virtue of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, all personal data provided through the corresponding forms during the use of the Website will be treated as provided in the Privacy Policy of the Website, located at the URL https://tiko.es/politica-de-privacidad .


9. COOKIE POLICY


Cookies are small data files that are stored in the terminal of the User visiting the Website and that contain certain information about the visit to the Website. The Website uses cookies solely for the purpose of facilitating the User's navigation and without it being possible in any case to associate such cookies with the User's specific personal data or identify the User through them.


However, the User has the possibility, existing in most web browsers, to disable cookies. For this reason, we inform the User that we use our own and third-party cookies to improve their experience and our services, analyzing their navigation through the Website. By using and browsing the Website we consider that you accept its use. You can obtain more information in our Cookies Policy: https://tiko.es/politica-de-cookies.


10. MODIFICATIONS


TIKO reserves the right to revise these Conditions at any time for legal reasons, for technical reasons, for changes in the services offered by TIKO or for strategic decisions of the company. In this case, the changes in the Conditions of use of the Website will be published before they occur. If the User is not satisfied with the changes, they must stop using the Website and unsubscribe as a User. The use of the Website after the notification of the changes will imply their acceptance by the User.


11. CONTACT AND WRITTEN COMMUNICATIONS


The applicable regulations require that part of the information or communications that TIKO sends to the User be in writing. By accepting these Terms of Use, the User accepts that most of TIKO's communications are electronic. TIKO will contact the User by email. The User agrees to use this electronic means of communication and acknowledges that all notifications, information and other communications that TIKO sends electronically comply with the legal requirements of being in writing.


For any query or incident, complaint or claim related to the Website, the User may contact TIKO by sending an email to the following address [email protected]


12. JURISDICTION AND APPLICABLE LAW


The operation and use of the Website, as well as these Terms of Use are governed by Spanish law. To the extent permitted by law, TIKO and the User, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid capital (Spain).


In compliance with the provisions of Directive 2013/11/EU of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, and Regulation 524/2013 of the Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters, we inform all Users that they may carry out their consumer claims through the online platform for online conflict resolution which can be accessed through the following link http://ec.europa.eu/consumers/odr/ .



Updated in May 2020.