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TERMS AND CONDITIONS OF USE OF “HOMMING”.

These General Terms and Conditions (hereinafter referred to as the “T&CG”) govern the download, access, navigation and use of the HOMMING mobile application and the https://www.homming.com/ website (hereinafter collectively referred to as the “Platform”). These T&CG are intended exclusively for registered users of the Platform. The same shall apply to each of the types of users listed and developed in this document as appropriate. In the case of Users natural persons or legal persons, may be applicable or not the clauses of these T&CG for consumers and users.

INFORMATION AND ACCESS

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, we detail below the details of the owner of the Platform:
  • Owner: HOMMINGCLOUD, S.L. (hereinafter, “HOMMING”).
  • VAT ID: B-87881439
  • Registered Office: C/ Raimundo Fernández Villaverde, nº 49, 8º D, 28003, Madrid.
We call “Users” of the Platform any person who registers with or uses the Platform. Any person may register or use the Platform provided that he/she accepts the T&CG together with all other policies and principles governing the Platform and detailed below. HOMMING provides the Platform to bring both the User acting as the owner of existing leased properties on the Platform (hereinafter the “User” and/or “Owner User”) and the tenant and tenant User in such properties (hereinafter the “Tenant User”) closer together and to enable the management of the properties in a more efficient manner. On the other hand, the management of the properties contained in the Platform will be carried out by the manager (hereinafter the “Manager”), which is a natural or legal person who will be responsible for the management of the properties. In addition, in the Platform may intervene suppliers (hereinafter “User” and / or “User Supplier”) carrying out maintenance work, incidents, cleaning, and all those that were necessary. The aforementioned users may be referred to collectively as “Users”. The registration in the Platform for the User Tenant, Supplier and Owner is free of charge according to the conditions stipulated in these T&CG. It is expressly stated that HOMMING only makes available to all its Users, through the Platform, a virtual linking space for the management of the rental of real estate (hereinafter the “Service”). In the event that one or more Users or any third party initiates any type of claim or legal action against any User, each and every one of those involved in such claims or actions exempt HOMMING and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact from all liability. The User knows and accepts that when carrying out operations with other Users or third parties, he/she does so at his/her own risk and that he/she will make an evaluation of the risks incurred when contracting the services offered by the Platform, keeping due proportion between the risk and the means selected. The agreement and linkage between the Users does not create any partnership, mandate, franchise, or employment relationship between HOMMING and the Users. Users acknowledge and agree that HOMMING is not a party to any transaction, nor does it have any control over the quality, safety or legality of the services requested, the truthfulness or accuracy of the profiles created. The T&CG, as well as the Privacy Policies and/or information on the Platform apply to all Users of the Platform from the first moment they enter the Platform. These T&CG are mandatory, binding and apply to all activities carried out on the Platform. If Users do not fully accept these T&CG and the Privacy Policy, they should not use the Platform. Users are responsible for ensuring that all persons accessing the Platform through their internet connection are aware of the T&CG and that they comply with them.

2. HOMMING STATEMENT

HOMMING declares and declares that it makes available the Service of a technological Platform which allows the Users of the same, to be linked immediately being able to approach the service administration and management of rentals online. The Users declare that such intervention and/or linking through the Platform shall not configure for the Users any type of employment relationship with HOMMING.

3. ACCEPTANCE OF TERMS AND CONDITIONS

By accepting the T&CG, Users agree to act at all times in accordance with the provisions set forth in the clauses of this legal text. In case of not agreeing with all or part of these T&CG, Users must refrain from installing and using the Platform. The service provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) Special Terms and Conditions that may be published on the Platform (iii) the laws in force and applicable, sectorial regulations and general criteria and practices. By accepting these T&CG, Users represent that they are over 18 years of age and have full capacity to understand and accept the content of these T&CG. HOMMING reserves the right to modify the presentation, configuration and content of the Platform, as well as the conditions required for its access and/or use. Access and use of the content and services after the entry into force of its modifications or changes in the conditions imply acceptance of them.

4. ACCEPTANCE OF THE SPECIAL CONDITIONS

Access to certain content and the use of services may be subject to certain special conditions, which, depending on the case, will replace, complete and/or modify these T&CG and, in case of contradiction, the terms of the special conditions will prevail over the General Conditions. Before using, and/or requesting such specific services offered through the HOMMING Platform, Users shall carefully read the particular conditions created, as the case may be, for this purpose by HOMMING. The use, reservation and/or request of such specific services, implies the acceptance of the particular conditions that regulate them in the version published by HOMMING at the time of such use, reservation and/or contracting through the Platform.

5. SERVICES

The Platform has been developed by HOMMING with the purpose of providing a service that allows Users to link immediately and thus be able to meet the corresponding needs. According to the type of User to whom these T&CG apply, there are several services available, which are described below.

5.1 Services for the Tenant User

The Tenant User will be able to access through the Platform to all the necessary information corresponding to the same one. From there you can navigate and investigate in depth about its operation. The services for the Tenant User that HOMMING provides through the Platform are the following:
  • a. Finding the Owner User: The Tenant User will be able to use the Platform and access its services. To do so, he/she must receive an invitation from the Manager. The following situations are distinguished in such cases:
    • – The Tenant User is already registered on the Platform: In this case the Tenant User once he/she has received the corresponding invitation in his/her email address, will be able to access his/her profile on the Platform itself and view and interact with the Manager.
    • – The Tenant User is not registered on the Platform: In this case, the Tenant User must register and register on the Platform beforehand to be able to access the invitation of the corresponding property that has been sent by the Manager.
  • b. Tenant User profile menu: The Tenant User, once registered on the Platform, will be able to access a menu through which he/she can manage his/her profile, rectify or expand his/her data.
  • c. Services: Users may access free of charge to the Services section, which allows contacting professionals or companies engaged in different areas such as masonry, plumbing, electricity, etc. to obtain quotes for the provision of the same.Users who require such services must complete a form describing the specific needs of the case so that HOMMING can send such information to the corresponding companies or professionals, providing an estimate, and if the Users finally decide to hire any of the services, they must pay the corresponding amounts.
  • d. Evaluation of the Users: The Users may carry out reciprocal valuations on HOMMING’s own Platform about issues related to leasing such as recommendations, of tenants or properties, state of the properties, furniture, etc.The aforementioned evaluations are made by the Users themselves, reflecting their opinions and not those of HOMMING, since the latter does not verify in any case the accuracy or veracity of the same, and in any case the Managers who make the evaluations must make them in a way that is adjusted to reality and may not in any case make slanderous or libelous evaluations or those that violate the rights of the Users.
  • e. Messaging: Users may send messages to other Users of the Platform itself with which it is related, such as Managers.
  • f. Communication of incidents: The Tenant User may communicate through the Platform all existing incidents with respect to the properties on which he/she has an invitation. Specifically, the Tenant User may:
    • – Add new incidents.
    • – Delete incidents that have been added.
    • – Finalize the current incidents that you have added.
    • – View the status of the incidents opened by the Tenant User.
    • – To know the supplier assigned to the incident whenever it has been possible to share this information.
    • – Know the status of the incident you opened and download the attached evidences.
    • – Check the deadline of the incidences.
    • – To consult the budgets of the incidences.
    • – Delete an ongoing, completed or rejected request.
  • g. List of properties: The Tenant User will be able to access the list of properties to which he/she has been invited and has accepted the invitation and of which he/she is a tenant. Within the specific property, the Tenant User will be able to access details of the property, invoices or settlements.

5.2 Owner User Services

In order to access the services of the Platform, the Owner User must have been invited to the Platform by the Manager. The services for the Owner User that HOMMING provides through the Platform are as follows:
    • Finding the Tenant User: The Owner User will be able to use the Platform and access its services. To do so, he/she must receive an invitation from the Manager. The following situations may differ:
      • The Owner User is already registered on the Platform: In this case the Owner User once he/she has received the corresponding invitation in his/her email address, will be able to log in and access his/her profile on the Platform itself.
      • The Owner User is not registered on the Platform: In such an event, the Manager will send an invitation to the Owner User to register and register on the Platform.
    • Owner User profile menu: The Owner User, once registered on the Platform, will be able to access a menu through which he/she can manage his/her profile, rectify or expand his/her data.
    • Properties: the Owner User will be able to access to a list with the information of his properties in reading mode. He/she will not be able to add contracts, tenants, rooms, garages, storage rooms, certificates or insurances. He/she will be able to attach additional documents, search and filter the properties. Specifically, the Owner User will be able to:
      • To know the details of the properties such as contracts, energy certificates, insurance, additional documents, etc.
      • Movements: The Owner User will be able to see all the movements of the properties and download the evidences.
      • Collections: The Owner User will be able to check and consult all the collections of his properties, as well as download his invoices.
      • Settlements: The Owner User will be able to consult all the liquidations of his properties and will be able to download the invoices related to the liquidations issued to him.
      • Reports: the Owner User will be able to consult the graphs contained in the Platform and download the corresponding reports.
    • Messaging: Users may send messages to other Users of the Platform with whom they are related, such as Managers.
    • Incidents: The Owner User may communicate through the Platform all existing incidents with respect to the properties on which he/she has an invitation. Specifically, the User Owner may:
      • View the status of the incidents opened by the Tenant User.
      • Consult and download the evidence provided.
      • Finalize the current incidents that you have added.
      • Check the deadline of the incidences.
    • Accounting: The Owner User will be able to access all the reports and accounting metrics about the different existing properties.
    • Notifications: The Owner User may access and view notifications in the corresponding section of the Platform.
    • Contact with the Manager: The User Owner will have contact with the Manager for various issues such as the issuance of the latter for the invoice of its services, the management of the properties with the same, or other issues necessary for the provision of services enabled by the Platform.
It is expressly stated that HOMMING does not participate in any way, either directly or indirectly, in the contracting and agreement of economic retribution agreed between the Manager and the User Owner and these exonerate HOMMING from all responsibility for any dispute between them or third party claims. Likewise, HOMMING is not responsible in any way for the bad practices in which the Manager may incur with the use of the Platform.

5.3 Services for the Manager

In order to access the services of the Platform, the Manager must have previously registered in the Platform. The services for the Manager that HOMMING provides through the Platform are the following:
  • Ads: The Manager will be able to configure his account through the Platform itself and synchronize the various existing channels for the management of property rentals and which are integrated in HOMMING.The Manager will be able to view all the channels and portals available to him, as well as add or delete them.
  • To publish announcements: The Manager, will be able to carry out the publication of announcements. To do so, he/she must complete the form that appears on the Platform and which contains the fields to be filled in with the data and characteristics of the property, the Manager will be able to publish the ad in all the Platforms associated to HOMMING.
  • Calendar: The Manager will be able to manage from the Platform issues such as visits to the properties, maintenance and cleaning of the same, payment forecasts or similar.
  • Lead management: The Manager, once the real estate ads have been published, will be the one who, through the Platform, will manage the leads that are received. He/she will have to fill in a form with the data required by the Platform about the specific lead, the leads will be listed and the Platform will show the Manager the relevant questions about each one of them. Each of the leads may be converted into a Tenant User in the event that a lease is formalized; in no case shall the decision to convert a lead into a Tenant User be made by HOMMING. The Platform will only provide estimates based on the data available to it, and it is recommended to review the information. The decision is independent of the recommendation made by HOMMING.
  • Messaging: Users may send messages to other Users of the Platform with whom they are related, such as Tenant Users.
  • Generation of documents and signatures: The Manager may share the contract with the Tenant User by uploading it to the Platform, or create one from the Platform by filling in the indicated fields.With regard to the signature, the contract will be sent by e-mail to the address with which the Users have registered on the Platform. Subsequently, the same will be added once it has been signed with the corresponding documents.
  • Contact with the User Owner: The Manager will have contact with the User Owner for various issues such as the issuance of the latter for the invoice for their services, the management of the property with the same, or other issues necessary for the provision of services that allows the Platform.

5.4 Services for Supplier Users

The benefits for the Provider User that HOMMING provides through the Website are as follows:
  • Offer their services through the Platform: The Manager, always prior invitation to HOMMING to the Provider User, will assign an incident to one of the Provider Users, sending him all the information of the same and providing his services to solve the corresponding incident.The Manager will communicate to the Provider User all the necessary information to solve the corresponding incident informing the specific property in which it has occurred.
  • Calendar: The Supplier User will have access to the calendar of the incidents assigned to him. In addition, he/she will be able to check the deadline for the resolution of the specific incident.
  • Communication with the Manager: The Provider User will be in contact and will be able to communicate with the Manager through the Platform to know the incidents that occur in the properties and the details of the same.
  • Acceptance and completion of the incidents: The Provider User will access the incidents by accepting them and, once he/she goes to the specific property after contacting the Tenant User, he/she will be able to add photos or videos of the incident and will add a quotation. A suggestion will also be added as to who should cover the cost, either the Tenant User or the Landlord User:
    • That the Supplier User directly solves the incident because the estimated budget is lower than an established amount.
    • Prior authorization from the Manager or the User Owner is required.
    It is expressly stated for the record that HOMMING does not participate in any way, either directly or indirectly, in the agreement of economic retribution agreed between the User who must pay for the incident and the User Supplier, and they exonerate HOMMING from any responsibility for any dispute between them or claims from third parties. Likewise, HOMMING is not responsible in any way for the bad practices in which the Provider User may incur.

6. NEED FOR REGISTRATION

In order to use the services of the Platform, it is necessary to accept these T&CG. To register on the Platform, the Manager must create an account, providing his email address, as well as his name, password and credit or debit card. Subsequently, an email will be sent to the email address provided by the Manager where the registration on the Platform will be finalized. All other Users who wish to use the Platform other than the Managers, will need a prior invitation from the same to complete the registration and registration on the Platform. Once the corresponding invitation has been received, an email will be sent to the User’s email address to proceed to the activation of the account in which you must enter a password in duplicate, to detect any typos. In addition, users must provide a series of data when completing the registration on the Platform, namely:
  • Email.
  • Full name.
  • Credit or debit card.
  • Password.
  • City to which it belongs (in the case of Provider Users).
The registration as Users can be done from the HOMMING Platform itself, selecting the type of User. Users guarantee that their data will be accurate, current and truthful. HOMMING cannot guarantee the identity of registered Users, and shall not be liable for improper or unauthorized use of a registered User by third parties.

6.1 Custody of account access codes or passwords

The registered User shall be responsible at all times for the safekeeping of his/her password to access his/her User account, assuming consequently any damages that may arise from its misuse, as well as the transfer, disclosure or loss thereof, and must immediately inform HOMMING in case he/she has reason to believe that his/her access code or password has been used in an unauthorized manner or is susceptible of being used in an unauthorized manner. In any case, the access and/or use of the Platform made under the access code or password of the registered User shall be deemed to have been made by such User, who shall be liable in any case for such access and use.

6.2 User Profile

Once the User has created an access account to the Platform, he/she will have access to a profile where he/she will be able to complete his/her personal data as established in the Platform. HOMMING has the right to request any proof and/or additional data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In cases of disqualification, they will be removed from the Platform, without any right to compensation. HOMMING has the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation and/or indemnification.

7. PAYMENT METHODS AND PRICING POLICIES

HOMMING is a digital Platform and does not participate in the actual contracting between Users. Depending on the type of User in question, a number of specialties are distinguished with respect to payment for the services offered by the Platform.

7.1 Manager subscriptions

In order to enjoy the Services of the HOMMING Platform, it is necessary that the Manager selects one of the subscriptions or fees contained therein. The amount to be paid by the Manager for the use of HOMMING will always be a monthly price and determined by real estate stipulated in the Platform. Therefore, the payment of the amounts for the use of HOMMING shall be determined solely by the provisions of the Particular Conditions. Each of the subscriptions described in the Platform will provide the Manager with a series of benefits and Services. The prices may be modified depending on multiple causes, however, any modification of the prices will take effect from the date of modification of these, not affecting the subscriptions activated with the price prior to the modification. The subscription will be charged to the debit/credit card provided by the User in the subscription activation process and the proportional part will be charged at that moment. Subsequent charges will be made on the day of the month in which the registration was made, according to the number of properties that have been registered in HOMMING and depending on the selected subscription. The Service offered through the Platform will be paid by the Manager through the payment gateway established in the Platform. The price list does not include Value Added Tax or similar according to the applicable tax jurisdiction, as well as possible discounts and promotions applicable during the payment process. The price list does not include additional prices that may arise due to the services contracted through HOMMING, as well as, among others, photos, 3D videos, inventories, or the corresponding insurance. In the event of a charging error in the order, the Manager must contact HOMMING within 48 hours from the issuance of the payment to request a refund. HOMMING reserves the right to consider the Owner User’s refund request as eligible. By contracting the benefits provided by the HOMMING Platform and/or by accessing the contracting of the services offered through the Platform, the User will be expressly consenting to the use of “Stripe” as the available method for the collection of the corresponding amounts. HOMMING uses a secure payment gateway provided by “Stripe” that guarantees the integrity and security of communications and transactions as set forth in its Terms and Conditions of “Stripe” in each jurisdiction in which it is used, which the User acknowledges and accepts as of right when accepting these T&CG.

7.2 Users Tenants, Owners and Suppliers.

Users will be able to enjoy HOMMING and its services free of charge, unless any of the Services included therein and contracted are paid for. For certain Users, some specifications may be contained in this same point:
  • Tenant UserThe Tenant User may, free of charge:
    • Display new invoices, invoices pending payment and/or contracts pending signature related to the lease, with due date alarms.
    • View lease contract data and download the contract uploaded by the Owner User.
    • Display invoices in an orderly fashion.
    • Instant messaging service with the Tenant User through the “MESSAGES” section.
    • Pay outstanding invoices through the payment gateways available from HOMMING as well as by direct debit.
  • User SupplierThe methods and forms of payment by HOMMING for the service provided through the Platform, will be as detailed in this section, i.e., that the same will be through the two payment methods offered by the User Supplier, and the same will be in concept of:
    • Independent collection between the Parties: In the event that the Provider User provides its services through this payment method, the User may physically pay the price of the service to the Provider User as agreed between the Parties by credit card or cash payment. The Provider User shall be responsible in any case for the collection of the payment for the Services that have been agreed upon. In such case, HOMMING shall not manage or intervene in the transaction between both categories of Users in any way, in any case, the prices shall be those agreed between the Provider User and the Users, which is why HOMMING does not participate in any way in the determination of such prices and the effective provision of the service.

8. USE OF THE PLATFORM AND LICENSE OF USE

The User also undertakes to refrain from using the Platform for purposes or effects that are unlawful or contrary to the provisions of the T&CG. HOMMING offers the User access to HOMMING under a limited, non-exclusive, non-sublicensable, non-transferable and revocable license. The use of HOMMING shall at all times be personal and in accordance with the present T&CG. The User, by making use of the benefits provided by the Platform, will be giving HOMMING and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such content, always in accordance with the purposes proposed. The User by using the Platform accepts and understands that HOMMING may keep its content for as long as it needs to complete those purposes for which they were collected. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify HOMMING so that it can proceed to take the appropriate measures. The use of the Platform for purposes other than those set forth in these T&CG is expressly prohibited. Therefore, HOMMING shall not be liable for any improper use or manipulation of the Platform. The Platform may provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to HOMMING or to third parties to which the User may have access. The User assumes responsibility for the use of the Platform and undertakes to make a lawful, diligent, honest and correct use of any information or content accessed through the Platform, and all under the principles of good faith and respecting at all times to the law and these T&CG. By way of example, but not limited to, Users shall not:
  • i. Register or communicate data that are not true, accurate, complete and/or updated, or access the Platform using the name, identification data or passwords of another User or impersonate any person or identity. Likewise, the User is responsible for communicating to HOMMING any modification and/or variation of any of the data communicated to HOMMING.
  • ii. Maliciously or intentionally cause damage or harm that may undermine or alter the Platform, nor introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Platform. The User shall not scan or test the vulnerability of any HOMMING system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by HOMMING to provide services through the Platform.
  • iii. Use the Platform for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.
  • iv. Reproduce, copy, distribute, transform or modify the information and content hosted on the Platform, unless authorized by the owner of the corresponding rights.
  • v. Use the Platform to send, use or reuse material that contains information that is unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening in any way, or in violation of copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any unnecessary annoyance or inconvenience.
  • vi. Download, send or otherwise distribute any content or applications that may violate any applicable law or infringe any rights of any party.
  • vii. Promote or encourage third parties to carry out any of the above practices or contribute to them.
  • viii. Send and/or upload:
    • Material defamatory to any person.
    • Any obscene, offensive, defamatory material.
    • Any sexually explicit material.
    • Any material that promotes violence.
    • Any material that promotes discrimination on the basis of race, sex, religion, national origin, disability, sexual orientation or age.
    • Any copyright, database right or trademark of any other person.
    • The privacy rights of any other person.
    • The personal data of another person, unless you ensure that such person has consented to be bound by these T&CG.
    • Any material that promotes any illegal activity.
    • Threats, abuse, or invasion of another person’s privacy.
    • Content that causes annoyance, inconvenience or unnecessary anxiety
    • Harassment, annoyance, or content that embarrasses, alarms, or annoys any other person.
    • Content by which the identity of another person is impersonated.
Any content that the User uploads and/or sends through the Platform will be considered non-confidential and HOMMING has the right to use, copy and disclose to third parties such content for the purposes provided. HOMMING has the right to disclose the identity of the same to any third party who claims that any content submitted constitutes a violation of their intellectual property rights, or their right to privacy. HOMMING shall not be liable to any third party for the content or accuracy of any content submitted. HOMMING has the right to remove any content or advertisement submitted through the Platform at its sole discretion. HOMMING shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Platform (website and app) including, but not limited to, its programming, editing, compilation and other elements necessary for its operation, designs, logos, texts and/or graphics are property of HOMMING. Users acknowledge that the reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorized reference test results of any of the elements and utilities integrated within the development constitutes an infringement of HOMMING’s intellectual property rights, and consequently, they are obliged not to carry out any of the aforementioned actions. All the contents of the Platform are duly registered and protected by the Intellectual and Industrial Property regulations, as well as being duly registered in the corresponding public registries. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization requires in any case the prior, express and written authorization from HOMMING. The designs, logos, texts and/or graphics not belonging to HOMMING and that may appear on the website or in the application, belong to their respective owners, being themselves responsible for any possible controversy that may arise with respect to the same. Third party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or contents included in the Platform have granted the corresponding authorizations for their reproduction, distribution and making them available to the public.

10. THIRD PARTY APPLICATIONS

HOMMING’s services are integrated with applications, websites and services of third parties (Third Party Applications) to make their products, services and contents available to the Users. These Third Party Applications may have their own Terms and Conditions of Use and Privacy Policies, and Users’ use of them shall be governed by them. Users understand and accept that HOMMING is not responsible for the behavior, characteristics or content of the Third Party Applications used on the Platform, as well as any transaction outside the scope of HOMMING’s activity that may be carried out with the provider of such Third Party Applications.

11. LIABILITY AND WARRANTIES

HOMMING is not responsible for the information, files or any other content posted by Users, nor validates the content that Users or decide to send, so HOMMING will not be responsible, either directly or indirectly, or subsidiarily, for damages of any kind arising from communications made or content included in the Platform. By way of example, HOMMING is not responsible for:
  • The satisfaction of the User’s personal needs or requirements in relation to the resources provided by The Platform.
  • Direct or indirect and/or intangible damages, including personal injuries suffered as a result of misuse of the Platform.
  • Loss of reputation, image, or data, which may occur during the use of the Platform.
  • The lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Platform.
  • Any defect, error or malfunction of the Platform.
Consequently, HOMMING does not guarantee that the use that Users may make of the contents and services included in the Platform, if any, will be in accordance with these Terms and Conditions, nor that they will do so in a diligent manner. HOMMING cannot guarantee the identity of any other User of the Platform. HOMMING reserves the right of admission and exclusion from its Platform at its sole discretion. In particular, any User who does not comply with the rules contained in these Terms and Conditions or makes inappropriate use of the Platform may be excluded from the Platform. HOMMING reserves the right to (i) remove, suspend, edit or modify the content of the Platform at its sole discretion, at any time, without notice and for any reason whatsoever; and (ii) remove, suspend or block any use of the Platform by the User. HOMMING also reserves the right to read, preserve, disclose and access any information it deems reasonably necessary to. (i) comply with applicable law or any judicial or governmental request or requirement, (ii) enforce these T&CG, including the investigation of potential violations thereof, (iii) detect, prevent or manage fraud, security or technical problems, or (iv) respond to requests for User assistance; or (v) protect the rights, property or safety of HOMMING and its Users. However, HOMMING declares that it has taken all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Platform and to prevent the existence and transmission of viruses and other harmful components to Users.

11.3 Legal responsibilities of the User before HOMMING.

  • In no event shall HOMMING be liable for any damages and/or losses of any kind that Users may suffer as a result of or in connection with the contracting between them.
  • HOMMING consists solely of offering a Platform that facilitates the management of leases between Users in order to perform the linking service between the Parties. Furthermore, by accepting the service provided by the HOMMING Platform, the User accepts and acknowledges that HOMMING is not responsible for any act committed by the Users and/or third parties. The Users accept that they must be aware of and approve that by using the services offered by the Platform they must assume under their sole responsibility, the risks that this entails.

11.2 Suspension and cancellation of services

HOMMING may temporarily suspend, without prior notice, access to the Platform for maintenance, repair, update or improvement operations. In particular, HOMMING reserves the right to eliminate, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances beyond HOMMING’s control that, in its opinion, diminish or annul the standard security levels adopted for the proper functioning of the Platform. HOMMING is not responsible for the lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform. HOMMING also assumes no liability for the cancellation or suspension of services on the Platform for reasons not attributable to it. In any case, HOMMING undertakes to solve any problems that may arise and to offer all necessary support to the User to reach a quick and satisfactory solution to the incident.

11.3 Force majeure

HOMMING is not responsible for cases of force majeure, understood as the failure, suspension or interruption of services or use of the Platform, as a result of blockage of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the control of HOMMING that prevent the normal use of the Platform.

11.4 Hyperlinks

The Platform may contain hyperlinks that allow the User to access third-party platforms or websites. HOMMING assumes no responsibility for the content, information or services that may appear on such platforms, which are offered exclusively for information purposes by HOMMING, and in no case imply any relationship, acceptance or endorsement between HOMMING and the persons or entities holding such content or owners of the sites where they are located. In these cases, HOMMING shall not be responsible for establishing the General and Particular Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, shall not be held responsible for them. HOMMING has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites to which links may be established from the Platform. Consequently, HOMMING cannot assume any type of responsibility for any aspect related to the web pages to which a link may be established from the Platform, specifically, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general. However, in the event that HOMMING becomes aware that the activity or information referred to from such links is unlawful, criminal or may damage property or rights of a third party, it will act with due diligence to remove or disable the corresponding link as soon as possible.

12. INDEMNITY

Users shall hold harmless, defend and indemnify HOMMING from any damages, liability and costs that may arise as a result of a third party claim against HOMMING, and/or its officers and/or representative and/or employee from any charges, actions or claims, including, but not limited to reasonable legal fees, resulting from any material they have provided to HOMMING through any misuse of the services HOMMING provides or in violation of these T&CG. HOMMING will promptly notify them of any claim, action or proceeding through the data they themselves have provided at the time of registration for the services that the HOMMING Platform offers. By accepting these T&CG, the Users acknowledge and accept that HOMMING has no direct or indirect responsibility in relation to the services contracted between the Owner User and each User and/or with third parties.

13. DURATION, SAFEGUARDING AND MODIFICATIONS

The conditions that are published at the time the User accesses the HOMMING Platform are understood to be in force. If any provision of these T&CG is declared inapplicable or invalid, such provision shall be limited or eliminated to the minimum extent necessary for the remaining conditions and obligations to remain in full force and effect and binding. HOMMING may delete, modify or replace the contents of this document at any time, by publishing or sending a notice through the Platform or by e-mail, without the possibility for the User to claim any compensation.

14. DATA PROTECTION

HOMMING respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation. For more information about HOMMING’s privacy policy, please visit the following link: https://www.homming.com/privacidad

15. LANGUAGE

HOMMING may translate these Terms and Conditions or any other policy that may be published on the Platform. The English version shall prevail in case of conflict with other translations.

16. OUT-OF-COURT DISPUTE RESOLUTION

For the resolution of any discrepancy, question or claim arising directly or indirectly from the interpretation or execution of these T&CG, the parties waive their own jurisdiction and submit to the jurisdiction of the Courts and Tribunals of the city of the User’s domicile. Pursuant to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, HOMMING informs you that, in case of dispute, Users residing in the European Union may resort to the “Online Dispute Resolution Platform” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by HOMMING. The User can access the “Online Platform for Dispute Resolution” through the following link: http://ec.europa.eu/consumers/odr/

17. DISPUTE RESOLUTION – LAW AND JURISDICTION

The parties undertake to agree in good faith their intention to resolve any dispute regarding these TACG. HOMMING’s TACG are subject to Spanish law. The parties submit to the Courts and Tribunals of Madrid Capital.

Annex to the Personal Data Processor

1º- That HOMMING (TREATMENT CONTROLLER) and the user (TREATMENT CONTROLLER) are linked by a commercial relationship for the provision of real estate rental management services. 2º- That for the rendering of such service it is necessary for the TREATMENT CONTROLLER to have access to personal data from the following files/processes related to:
  • Customers
These processing operations are the responsibility of the FILE RESPONSIBLE, so it assumes the functions and obligations that Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, stipulates for Processors. 3º – Both parties acknowledge compliance with all obligations arising from the Community and international regulations on data protection, especially those relating to the right to information, consent and duty of secrecy, as well as the adoption of technical and organizational security measures to ensure the security of personal data. 4º – That, in compliance with article 28 of the RGPD, both parties freely and spontaneously agree to regulate this access and processing of personal data in accordance with the following stipulations:
  1. OBJECT
By means of these stipulations, the TREATMENT CONTROLLER is authorized to process, on behalf of the TREATMENT CONTROLLER, the personal data necessary to provide the service described above during the term of their contractual relationship. For the execution of the services derived from the fulfillment of the object of this assignment, the CONTROLLER OF THE PROCESSING, makes available to the PROCESSOR OF THE PROCESSING, the information described below:
  • Customers
Identification data: Name, Surname, NIF / DNI, Address, Telephone, E-mail, Image, Signature – Personal characteristics: Marital status, Date and place of birth, Age, Nationality, etc. – Bank details: IBAN / Bank account
  1. OBLIGATIONS OF THE DATA CONTROLLER
It corresponds to the PERSON RESPONSIBLE FOR THE TREATMENT:
  1. Deliver to the data processor the data referred to in clause 1 of this document.
  2. Conduct a personal data protection impact assessment of the processing operations to be carried out by the processor.
  3. Carry out the appropriate prior consultations.
  4. Ensure, prior to and throughout the processing, the compliance of the processor with Regulation (EU) 2016/679.
  5. Oversee treatment, including conducting inspections and audits.
RESPONSIBILITY OF THE DATA PROCESSOR
  1. The TREATMENT PROCESSOR shall be held responsible for the processing in the event that he/she uses the data for another purpose, communicates them or uses them in breach of this contract. In such cases, the TREATMENT PROCESSOR shall be liable for the infringements personally incurred.
  2. The TREATMENT CONTROLLER shall indemnify the TREATMENT CONTROLLER for damages, of any nature, that may result from the breach of the obligations under this contract.
  3. By way of example, and not limited to, such compensation shall include moral damages and image, advertising costs or of any other nature that may result for its reparation. The TREATMENT PROCESSOR shall also be liable for any compensation that, as a result of its non-compliance, it may have to pay to third parties.
  4. The responsibility of the TREATMENT CONTROLLER shall also include, in addition, the amount of any administrative sanction and/or condemnatory judicial resolution that may result against the TREATMENT CONTROLLER, as a result of the TREATMENT CONTROLLER’s non-compliance with the regulations and obligations required in this contract. The compensation shall include, in addition to the amount of the sanction and/or judicial resolution, the interest for delay, legal costs and the amount of the defense of the TREATMENT CONTROLLER in any process in which it could be sued for any of the causes previously stated.