General user terms
1 Use of the Qlupa.es website.
Please note Qlupa Property Agents reserve the right to change or withdraw any offers without prior notice. All properties advertised are subject to availability. Qlupa advertises and market properties for sale or rent and accepts no liability for any inaccurate information shown. All property advertisements do not constitute property particulars and legal contracts and any liabilities are the full responsibility of “Both Parties” the buyer and seller. We recommend seeking professional legal guidance and representation before entering into any contractual rental agreement or sale purchase.
1.1 These terms apply only to those parts of the Qlupa.es website which do not require a digital certificate or other security device or measure for access; references to “website” below shall be construed accordingly.
1.2 This website is made available by Qlupa Any party accessing or browsing this website or downloading or using any information, data, text, images, video or audio or any other materials available from V Factor Limited via or generated on, posted or uploaded to the website (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the website (“User”) may only do so subject to: (1) the terms and conditions set out below, (2) any additional instructions, terms or conditions on the website that apply to particular Content or Services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency), and (3) the privacy statement available on www.qlupa.es, together referred to as the “General Website Terms”. Access to or use of this website or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the General Website Terms.
1.3 If the User accesses the website or receives or uses Content or Services on behalf of any other party (including anybody corporate), that party shall also be bound by the General Website Terms as if that party were a User. The User warrants and represents that he is authorised by any such party to bind that party to the General Website Terms.
2 Status of General Website Terms
2.1 The General Website Terms shall not affect or form part of, the terms of any contract of carriage with Qlupa.
3 Copyrights/Other Rights
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by Qlupa via the website, vests in Qlupa or its licensor.
3.2 The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with Qlupa and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from Qlupa. The User may not: (1) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (3) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
3.3 The User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website (“User Materials”). The User hereby irrevocably authorises Qlupa and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 Qlupa does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the website will not infringe rights of third parties.
4 Errors
4.1 Qlupa will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Qlupa records held on Qlupa computer systems or (2) information received from a party other than Qlupa. Qlupa does not warrant that the Content is accurate, sufficient, error-free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case Qlupa makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
4.2 Except as set out in the General Website Terms, Qlupa shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Right or other rights of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless Qlupa and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Qlupa to compromise or settle a claim), and all legal costs or other expenses, suffered by Qlupa or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 4.3.
5 Hyperlinked websites
5.1 The website may contain certain links or references to websites operated by third parties. Qlupa makes no warranties or representations whatsoever regarding any third party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and Qlupa does not have any control over the content or operation of such website. Qlupa does not endorse any third party website and does not accept any responsibility for the existence, operation, content or use of such website.
5.2 A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User: (1) may link to, but may not, unless with Qlupa prior written agreement, replicate in any way any Content appearing on the website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than Qlupa (3) may not present misleading or false information about Qlupa, its services or Content; (4) may not misrepresent Qlupa relationship with the linking User (or any third party); (5) may not create any implication or inference than Qlupa endorses the linking User or its services (or any third party); (6) may not use or reproduce Qlupa logo, trademarks or name; (7) may not provide or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, discriminatory, pornographic or inappropriate in any other way; (8) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and (9) must clearly indicate that the Qlupa website is operated by V Factor Limited and is not controlled by or otherwise associated or connected with the linked website, and that Qlupa terms and conditions apply in relation to any use of the Qlupa website.
5.3 Any User must immediately on request remove any link placed on or to any area of this website. The User shall not permit any third party aggregation of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
6 Security
6.1 The User agrees to comply with any reasonable instructions Qlupa may issue regarding the website’s security.
6.2 The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of V Factor Limited or any other users of the website, or any Qlupa customers or associated or affiliated companies, being compromised.
6.3 Both the User and Qlupa shall each take all reasonable precautions to ensure that communications through the website and its own systems are not affected by computer viruses or other destructive or disruptive components and to ensure no such components are transmitted to or via Qlupa or the website.
7 Liability
7.1 The total liability of Qlupa, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the General Website Terms and/or the website, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed €50 (Euro €50).
7.2 The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 7.1 are brought against Qlupa, its affiliates, associates or agents.
7.3 The User is advised to obtain, if he considers appropriate, insurance cover at his cost, in particular for any loss exceeding the limit set out in clause 7.1 above.
7.4 Nothing in the General Website Terms shall exclude liability for death or personal injury resulting from negligence or for fraud on the part of Qlupa.
7.5 Except as set out in the General Website Terms, Qlupa, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
8 Miscellaneous
8.1 Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
8.2 Qlupa will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
8.3 The General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against Qlupa arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on Qlupa unless it is in writing and agreed by an authorised representative of Qlupa.
8.4 References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or another electronic form. References in the General Website Terms to the singular include the plural and vice versa.
8.5 Each of the provisions of the General Website Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
8.6 The rights of Qlupa under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
8.7 The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Qlupa prior written consent.
8.8 Subject to clause 2, Qlupa may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the General Website Terms.
8.9 V Factor Limited may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
8.10 Qlupa affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, Qlupa does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
8.11 To the extent that clause 8.10 is not effective to give such benefit to any Relevant Third Party, such Relevant Third Party may enforce such provisions in its own name pursuant to the Contracts (Rights of Third Parties) Act 1999. The General Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Relevant Third Party.
8.13 The General Website Terms shall be subject to English law and any dispute, claim, a matter of construction or interpretation arising out of or relating to the website, including the General Website Terms, shall be subject to the exclusive jurisdiction of the Spanish courts.
9 All property & business listings for sale or rental by private individuals or business
9.1 Please note Qlupa.es or V Factor SL accept no legal responsibility for any of the listings shown in terms of ownership, insurance, guarantee period, returns policy or money transactions in the event of a sale or rental. All legal responsibility is between the ‘buyer’ yourself and the ‘seller’ namely the company or individual “legal owner” shown on the property listing advert displayed via this website. We also accept no responsibility for incorrect or untrue information on any property listings. If looking to purchase a property listed on the site we recommend you consult and the seek the services of a solicitor or lawyer to prepare a legally binding contract of sale and also ensure the property contract deal is as per described. Remember to check all the details before agreeing to the sale and conducting a financial money sale transaction. When dealing with private sellers you are at greater risk with regards to trading standard laws.
9.2 Please note Qlupa.es or V Factor SL accept no legal responsibility for any of the listings shown in terms of ownership, insurance, guarantee period, returns policy or money transactions in the event of a sale. All legal responsibility is between the ‘buyer’ yourself and the ‘seller’ namely the company or individual is shown on the property/business listing advert displayed via this website. We also accept no responsibility for incorrect or untrue information on any property/business advert listings. If looking to purchase a property/business listed on the site we recommend you consult and the seek the services of a solicitor to prepare a legally binding contract of sale and also ensure the property/business is as per described. Remember to check all the details before agreeing to the sale and conducting a financial money sale transaction. When dealing with private sellers you are at greater risk with regards to UK trading standard laws. We always recommend you seek the services of an accountant if purchasing a business to analyse the turnover and profitability is as per described by the vendor. When purchasing a property you should always seek a professional surveyor to examine the buildings prior to exchanging contracts.
11 Do you provide a guarantee or buyer protection?
11.1 No, all contracts and guarantees are between the seller and buyer and not covered by Qlupa Property. We have no liability and recommend speaking with a legal representative before entering into any agreements. Qlupa provides no guarantees to sellers or buyers and is not responsible for transactions with properties listed on this website.
12 Promises, liability and disclaimer for Qlupa
12.1 Qlupa agrees to operate the Site with reasonable care and skill and that Qlupa will use our reasonable endeavours to correct any faults of which Qlupa is aware. To the fullest extent permissible under Applicable Laws, Qlupa disclaims any and all other promises, warranties, conditions, or representations relating to the Site and Our Content, whether express, implied, oral or written.
12.2 Qlupa does not make any promises as to the truth, accuracy, integrity, quality or completeness of Our Content or information that appears on the Site and the Seller should not rely on it being accurate, truthful or complete; Qlupa is not responsible for verifying the ownership of any Seller Content posted or uploaded on the website including advertising listings and products in the MarketPlace.
13 Reservation of rights by Qlupa
13.1 Qlupa solely reserves all rights available to it, if it considers it appropriate, to immediately and without notice to the Seller. This includes halting any transactions via the Site; prevent or restrict access to the Site.
13.2 Take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site.
14 Seller usage agreement of the Qlupa.es website
14.1 The Seller must make sure that all the information provided when it registers (and any changes to that information) is true, accurate, current and complete; update its account as soon as is reasonably practicable if it changes any of its registration details (e.g. email address, postal address).
14.2 Keep its password secure at all times and be fully responsible for all activity, liability and damage resulting from its failure to maintain password confidentiality; and immediately notify Qlupa of any unauthorised use of its password or any breach of security.
14.3 The Seller agrees that Qlupa cannot and will not be liable for any loss or damage arising from the Seller’s failure to keep its password secure; not to provide its username and/or password information to any other party other than Qlupa without Qlupa’s express written permission; and comply with such policies as are notified by Qlupa to the Seller from time to time.
14.4 Agree to help Qlupa maintain the security of the Site, the Seller must keep its registration details private and confidential. If the Seller becomes aware of any misuse or unauthorised use of its registration details, it must inform Qlupa customer services team immediately.
15 Site visitor customer feedback
15.1 The Seller acknowledges and agrees that Customers may leave feedback relating to the Products that it has purchased via the Site. Qlupa is not responsible for checking or editing the Customer Feedback on the Site. The Seller understands that Qlupa does not screen its Users. The Seller therefore consents to the publication of, and authorises Qlupa to publish Customer Feedback, even though such Customer Feedback may be critical or defamatory of the Seller and even though Qlupa may be aware or ought reasonably be aware that such Customer Feedback caused or contributed to the publication of a statement that is defamatory of the Seller.
15.2 The Seller releases Qlupa from and waives all rights against Qlupa in respect of any liability arising out of or in connection with the publication of any defamatory comments about the Seller in such Customer Feedback. Please note any racial, hatred aggressive language will be removed and the person leaving the feedback will be legally pursued. MarketPlace sellers who frequently receive poor customer feedback will be asked to improve during a monitored time a period and assessed.
15.3 If found to be providing a poor service that does not meet our customer care standards you will be removed from the website. if you believe the customer feedback to be malicious or un-true we can investigate the matter with the Qlupa Customer Services team and any legal authorities.
16 Online liability of the website, users and sellers
16.1 Qlupa make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from the Seller’s download of any content, software the Seller uses to download the content, the Site or the servers that make it available. In this respect, the Seller agrees that it is its responsibility to install suitable anti-virus and security software on its computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.
16.2 Any content downloaded or otherwise obtained through the use of the Site is done at its own risk and the Seller will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content; any decision based solely on information obtained from the Internet could be dangerous. Whilst Qlupa hopes that the Seller will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them. Qlupa will not be responsible or liable for any losses related to any business of the Seller including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
16.3 By using the Site the Seller acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly: Qlupa does not make any promises about the availability or accessibility of the Site or promise that the Seller’s access to the Site, the content on it or the services Qlupa provide will be delivered uninterrupted, in a timely manner or error-free. Qlupa is not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Site. It is the Seller’s responsibility to make backup copies of any of the content the Seller posts, uploads or publishes on the Qlupa website in the UK.
17 Financial transactions customer safety and protection
17.1 All financial transactions on www.Qlupa.es are processed via the Paypal or Stripe website for security purposes and the customer’s protection against online fraud. Please visit the the www.paypal.com/uk/home and www.stripe.com/gb websites for information relating to customer security protection including any legal liability in relation to a fraudulent activity or payment insurance cover. If you believe that your card details have been misused via this website or suspect fraudulent activity please notify Qlupa Customer Services immediately who will investigate this matter with PayPal or Stripe.
17.2 For added security all payment transactions are processed via the V Factor Limited bank account registered in the UK at the Royal Bank of Scotland. MarketPlace or Vehicle Sellers never have access to your payment details on this website.
17.3 Please note Qlupa Property is not legally responsible for any 3rd party transactions between buyers and sellers in conjunction with any property purchases or rental agreements. Unless you receive a contract stating in writing that the contractural agreement is directly between yourself and Qlupa property and legally binding paperwork has been provided to document the transaction. Before entering into any property related financial transactions we recommend you seek professional advice and representation.
18 Data Protection 1998 Act compliance
18.1 Seller or buyer personal details including financial data and transactions are never disclosed to any 3rd party and are protected internally via a secure server under the 1998 Data Protection Act. The Data Protection Act (DPA) is a law designed to protect personal data stored on computers or in an organised paper filing system.