Terms & Conditions

Introduction

These Terms of Use ("Terms") govern your access to and use of Homiberia's website (homiberia.com), mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Homiberia is a real estate platform that connects buyers, sellers, and agents with premium property listings. We provide real estate services, market insights, and digital tools to facilitate property transactions.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Homiberia ("Homiberia," "we," "us," or "our").

1. Scope of Services

Homiberia provides real estate brokerage services, property listings, marketing, and related real estate services through our website and applications. The Services are available to individuals and businesses seeking to buy, sell, or rent real estate in Europe.

2. Website and Service Use

By using our website and Services, you agree to:

• Use the website and Services for lawful purposes only.
• Browse property listings, market insights, and agent services in compliance with applicable laws.
• Use provided tools (e.g., search filters, contact forms) solely for real estate purposes.
• Provide accurate and truthful information when submitting inquiries or listings.
• You must not:

  • Interfere with the operation or security of the website.
  • Use automated systems (such as bots, scrapers, or crawlers) to access or collect information from the website without prior authorization.
  • Upload or distribute any content that is harmful, offensive, misleading, or violates applicable laws.
  • Attempt to gain unauthorized access to any portion of our website or Services.

Homiberia reserves the right to suspend or terminate access to users who violate these conditions.

3. User Eligibility

By using our Services, you confirm that:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding contract.
• You will provide accurate and complete information when using our Services.
• You will comply with all applicable laws and regulations, including Portuguese and EU data protection laws.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Ensuring that the information you provide is accurate and up to date.
• Immediately notifying Homiberia of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if we detect suspicious or fraudulent activity.

5. Property Listings and Transactions

Homiberia provides a platform for property listings and real estate transactions. However, we do not guarantee the accuracy, completeness, or reliability of listings. All property transactions are subject to separate agreements between buyers, sellers, agents, and third-party service providers.

6. Agent Responsibilities

Homiberia agents and co-agents have the following responsibilities:

• Provide professional real estate services in accordance with Portuguese law and industry best practices.
• Accurately represent property listings and ensure transparency in transactions.
• Assist buyers and sellers with negotiations, paperwork, and other transaction-related processes.
• Maintain confidentiality of client information and adhere to Homiberia’s ethical standards.
• Avoid conflicts of interest and disclose any potential conflicts to clients.
• Homiberia is not liable for disputes between buyers, sellers, or agents

7. Seller Responsibilities

Sellers who list properties with Homiberia agree to:

• Provide accurate and complete information about the property, including legal ownership, dimensions, and any encumbrances.
• Ensure that the property is legally available for sale and not subject to undisclosed restrictions.
• Cooperate with Homiberia agents and co-agents in scheduling property viewings and negotiations.
• Adhere to all applicable laws regarding property disclosures, including informing buyers of any known defects or legal issues.
• Honor agreements made with potential buyers and act in good faith during transactions.
• Homiberia is not liable for disputes between buyers, sellers, or agents

8. Buyer Responsibilities

Buyers engaging with Homiberia Services agree to:

• Provide accurate financial information and disclose any conditions affecting their ability to purchase a property.
• Conduct due diligence on properties of interest, including reviewing legal documents and obtaining inspections if necessary.
• Work with Homiberia agents and co-agents in a professional and timely manner.
• Comply with the terms of any purchase agreements entered into with sellers.
• Adhere to all financial and contractual obligations as per the agreements made during the transaction.
• Homiberia is not liable for disputes between buyers, sellers, or agents

9. Co-Agents

Homiberia works with a network of independent co-agents who assist in the marketing and sale of properties. These co-agents are not employees of Homiberia but operate under agreements that define their responsibilities and limitations. By using our Services, you acknowledge that:

• Co-agents may facilitate property viewings, negotiations, and transactions.
• Homiberia retains control over digital property listings, while co-agents may market properties through their own networks.
• Co-agents are subject to Homiberia’s quality standards and ethical guidelines but operate independently.
• Homiberia is not responsible for any unauthorized representations or commitments made by co-agents outside of our agreements.

If you engage with a co-agent, any disputes or claims arising from that relationship should be addressed directly with the co-agent. Homiberia may assist in dispute resolution at its sole discretion.

10. User Conduct

When using our Services, you agree not to:

• Use the Services for any unlawful or fraudulent purpose.
• Post false, misleading, or deceptive information.
• Engage in spamming, hacking, or unauthorized access.
• Infringe on the intellectual property rights of Homiberia or third parties.
• Harass, abuse, or harm other users.

11. Intellectual Property

All content on our Services, including text, images, trademarks, logos, and software, is owned by Homiberia or licensed to us. You may not reproduce, distribute, or modify any content without prior written permission from Homiberia.

12. Pricing & Fees

• Browsing Homiberia’s website is free for users.
• Certain premium services, advertising options, or listing enhancements may incur fees.
• Payments for premium services are non-refundable unless otherwise stated.

13. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

14. Third-Party Services

Our Services may include links to third-party websites or services (e.g., financial services, mortgage calculators). Homiberia is not responsible for the content, security, or privacy practices of third-party sites. Your interactions with third parties are at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, Homiberia shall not be liable for any:

• Indirect, incidental, or consequential damages arising from your use of our Services.
• Errors, omissions, or inaccuracies in property listings.
• Unauthorized access to or use of your account.
• Any disputes or transactions between users and third parties.
• Users are responsible for conducting due diligence before making any real estate decisions.
• We are not responsible for financial losses, legal disputes, or damages arising from property transactions.
• Homiberia does not guarantee the availability, accuracy, or condition of listed properties.

16. Dispute Resolution

16.1 Governing Law and Jurisdiction

These Terms shall be governed and interpreted in accordance with the laws of Portugal. You agree that any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Faro, Portugal.

16.2 Mediation and Arbitration

Before initiating legal proceedings, parties are encouraged to resolve disputes amicably. If a resolution cannot be reached, the parties agree to first attempt mediation. If mediation is unsuccessful, disputes shall be settled through arbitration in accordance with Portuguese arbitration laws unless otherwise agreed in writing.

16.3 Consumer Dispute Resolution

If you are a consumer, you may use the alternative dispute resolution mechanisms provided under Portuguese law, such as the CIAB consumer arbitration center.

17. Modifications to Terms

Homiberia reserves the right to update these Terms at any time. We will notify users of significant changes by posting an updated version on our website. Continued use of our Services after changes take effect constitutes acceptance of the new Terms.

18. Amendments to Terms

• Homiberia may update these Terms & Conditions at any time.
• Continued use of the website after updates means you accept the revised terms.

19. Termination

Homiberia may suspend or terminate your access to the Services if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law.

20. Contact Information

If you have any questions about these Terms, please contact us:

Homiberia Legal Department

Homiberia, LDA
Estrada de vale rabelho
8200-428 Albufeira
Portugal

legal@homiberia.com