Terms and Conditions - Casavo Management S.r.l.
- Overview; Scope of application
- The following terms and conditions (“General Terms and Conditions“) govern the use of the services (“Services“) offered by Casavo Management S.p.A., 10 Via Elia Lombardini, 20143 Milano (Italy), registered with the Register of Companies of Milano under no. 10053290960, REA no. MI-2501133 (“Casavo“,”we“), through the website https://casavo.com/ (“Website“), and, where applicable, through the Casavo mobile application (“App“), to users interested in buying or selling real estate (“Users“, or in the singular “User“, as well as “you“). It is understood that any additional services, such as the “Casavo Visite” application, are governed by specific terms and conditions to which reference is made.
- The General Terms and Conditions set forth herein also apply to services provided by other companies of the Casavo group, which will be involved from time to time in providing the Services. This includes in particular the local Casavo branches in the countries where the User’s property is located. Agreements with such companies, especially those relating to real estate contracts, shall be subject to additional terms and conditions to be agreed between the User and the other companies of the Casavo group (“Casavo Group“).
- The User’s terms and conditions shall not apply, including if not expressly refused by Casavo. Any different, conflicting or additional General Terms and Conditions of the User are to be considered applicable only to the extent that Casavo has expressly accepted their application in writing.
- Casavo offers its Services both to businesses and to individuals acting in the performance of their profession, as well as to consumers. Access to certain Services (such as, for example, the Doris Platform) is reserved for Users who are real estate agents and who use the Services in the performance of their business activities. The Website or the App specify for each Service whether it is reserved for specific categories of Users.
- Casavo makes available to Users some Services for the sale and purchase of real estate, as well as a number of complementary services, as described below.
- For the purposes of providing the Services and to optimize the User’s experience, Casavo may make use of other companies of the Casavo Group or of third parties.
- Casavo is interested in assessing the purchase of real estate from individuals who have legal capacity, as well as from legal entities. Only persons of legal age can use the Services. The use of the Services by minors is permitted on condition that theirs parents or guardian state and/or express such intention, in accordance with the laws in force. In the case of legal entities, any statements must be made by a person with the necessary authority to represent the legal entity.
- Unless otherwise and expressly specified, the use of the Services accessible through the Website and the App is free of charge. However, the use of the Internet, of Apps, computers or mobile devices to access and browse the Internet may involve costs for Users and the obligation to pay fees to Internet or telephony service providers, according to the agreements entered into with them.
- Users are not required to register in order to use the Website and the App. If, however, you want to use certain Services, such as the online valuation of your property, we will ask you for some personal data and specific information, as specified in detail in Article 3 hereinafter. If you intend to sell your property, we will ask you to provide us with additional preliminary information prior to undertaking any buying and selling activity as specified in detail in Article 4 hereinafter.
- Valuation of the property
- Through the property valuation service (available here) interested Users receive a free and non-binding valuation of their property.
- The information listed in the previous paragraph is used by Casavo in order to consider a purchase of the property. If we are interested in the property, we will proceed in accordance with the provisions of the following Article 4 of these General Terms and Conditions. If we are not interested in the property or if the property is located in an area where we do not offer our services, all the information regarding the property shall be transferred to Casavo’s commercial partners (e.g. agencies, real estate franchisees, etc.), provided that the user has consented to the processing of data by third parties.
- Purchase and sale procedure
- All relevant information of a property shall be processed by Casavo. Following your request for valuation, if you are interested in receiving a purchase offer for your property, Casavo shall carry out a free inspection of the property to check that the property is consistent with the information provided and is compatible with Casavo investment policies; Casavo will also take photographs and perform all activities that are necessary for the purchase. If we are interested, you will receive a binding offer subject to the condition precedent that a successful due diligence be performed by Casavo on the property. If the outcome is successful, Casavo shall confirm its offer (or modify it if, following the due diligence, any discrepancies is found with respect to the information provided) and proceed with the transaction. In this case, we will ask you to sign a private agreement to be authenticated by a notary of the place where your property is located. In particular, a date for release of the property and other necessary details shall be agreed in said agreement, in accordance with the applicable laws and regulations.
- Once you have entered the requested information, we will send you an acknowledgement of receipt to the e-mail address you provided. Your entering the information shall be considered as an invitation to Casavo to formulate a purchase proposal in the manner described above. However, we reserve the right not to follow up with a request, and in any case no right exists, nor will any right arise for you to enter into an agreement with us or with any other company of the Casavo Group.
- All data and additional information provided by the User, especially the information pertaining to the User and the property, must be complete, correct and truthful. You must inform us immediately of any change in the information you provided, such as your address or name. In case of false or incomplete information, Casavo shall be entitled to exclude the User from using the Services and/or to immediately interrupt the purchase procedure, without prejudice to any legal remedies available.
- The User warrants that any information that will be provided by us during the purchase procedure shall be used exclusively by the User and for the purposes governed by these General Terms and Conditions.
- Unless expressly agreed with us, the User may request only one offer for each property. Multiple requests sent for the same property shall be refused.
- Any sale of real estate is subject to notary fees, taxes, duties and further payments to third parties, in accordance with the law in force. You understand and are aware that such payments may become due, and you agree to make such payments to the parties from time to time entitled to receive them, in accordance with the law in force.
- Ads Platform
- The ads platform is a section of the website that is made available by Casavo to Users who are looking to buy a property (“Ads Platform“).
- The purpose of the Ads Platform is to promote the sale of Casavo’s properties and of properties advertised by real estate agents (pursuant to the provisions of Article 6 below) and Casavo assumes no liability for the ads placed by said agents.
- Doris Platform
- Doris is the platform – which can be accessed at the following URL (https://partner.casavo.com/login) – dedicated to real estate agents (natural or legal persons) who wish to collaborate with Casavo or publish their ads for free on the Ads Platform. Access to the Doris Platform is reserved for persons authorized to practice as real estate brokers only while the general public is excluded. The platform is only available for agents who carry on business in the cities where Casavo’s offices are located (i.e. Milano, Turin, Florence, Bologna, Verona, Rome).
- Registration implies entering some information on the activity carried out (city, agency name, company name, VAT number, etc.) and the process is completed with authorization to use the platform after Casavo has checked the information provided. Once the real estate agents have registered in the dedicated section of the Website, they will have to wait to be enabled by Casavo which verifies all the information entered into the Website.
- Real estate agents who have completed the registration and set up their credentials (according to the instructions provided on the Website), will be able to access the platform and publish their ads by filling in a set of predefined and mandatory fields (address of the property, type, layout, surface area, etc.). Real estate agents agree to keep their credentials safe and not to disclose them under any circumstances to unauthorized third parties.
- Before being published, the ads are reviewed by Casavo which checks their quality.
It is understood that Casavo is entitled to permanently or temporarily cancel the ads in the event of breach of the provisions of paragraph 7 below or of other provisions in these General Terms and Conditions, of the laws in force, or – in any case – in order to avoid any detriment to Casavo and/or its subsidiaries.
- In order to use the service and publish real estate ads on the Website and on the App, the real estate agent hereby authorizes Casavo to use all the contents, images, trademarks, logos, videos, texts that are published on the Website and on the App. It is agreed that no consideration shall be due by Casavo to the real estate agent for the above-mentioned authorization.
- Real estate agents declare and warrant that they have received appropriate mandate to sell and promote the properties through the Website and/or the App.
- Real estate agents undertake to comply with the legislation on the protection of personal data and to fulfil the information obligations stipulated in articles 12, 13 and 14 of Regulation (EU) 2016/679.
- Real estate agents undertake not to publish ads or other postings on the Website and/or the App: (i) that are contrary to laws or regulations, public decency, public order or that prejudice the respect and honour of third parties; or (ii) that infringe third-party rights of any kind (including, by way of example, the right to protect one’s image, the right to privacy, as well as intellectual property rights); or (iii) that breach the General Terms and Conditions.
- The real estate agent, being fully and exclusively liable in the event of breach of the provisions of paragraphs 6 and 7 of this Article 6, releases Casavo from any civil, administrative and criminal liability resulting from the publication of ads on the Website and on the App. More specifically, the real estate agent undertakes to indemnify Casavo from any prejudice, loss, damage, liability, cost, charge or expense, including legal fees, that arise from claims or actions brought by third parties, in any venue and for any reason, as a result of ads published by the real estate agent on the Website or the App or of other improper use of the Website or the App.
- Real estate agents can independently modify only the information in the ad that pertains to the non-structural characteristics of the property(e.g., price, description, photos and floor plan). Conversely, for any change in the information in the ads concerning the structural characteristics of the property (g., address, number of rooms, size, etc.), the real estate agent has to write an e-mail to the following address [email protected], specifying the changes to be made. Real estate agents are given the possibility of proposing the sale of some properties to Casavo by filling in the appropriate form.
- On the basis of separate agreements in place between Casavo and the real estate agents, data of previous sales may be made available by real estate agents on the Doris Platform (e., data on the property and sale price). Any personal data shall be anonymised by the real estate agents.
- Casavo reserves the right to prevent or prohibit or suspend, at any time and without notice, access to the Doris Platform, both to real estate agents for the publication of ads, and to Users for use of those ads.
- User obligations; Rights of Use; Third Party Rights
- To the extent that the User provides Casavo with content relating to the property (such as images, texts, information etc., collectively defined as the “Content“), the User shall be exclusively liable for the information provided and its accuracy. The User grants Casavo the non-exclusive right to use the Content without geographical limitations and through all the means of communication that Casavo wishes to use (including but not limited to, Internet and electronic communication networks, through any fixed or mobile device), such right being granted in order to enable the User to use the services offered by Casavo for the entire period in which the User wishes to use the services as well as to enable Casavo to provide those services, including the right to reproduce, distribute, exhibit, publicly display (including the right to make available online), modify and combine the Content (or any part thereof) with other content and communication materials, to analyse and assess the Content and data (including the right to analyse data and texts, for market research purposes, as well as the right to transfer or assign such rights to companies of the Casavo Group or to third parties). These rights shall survive even after expiration of the contract with Casavo, in accordance with data retention obligations and in any case to fulfil legal obligations.
- Casavo has the right to keep and use the Content provided by, or on behalf of, the User (including all data relating to the property, raw data, statistical data, metadata, etc.) and shall not link the Content to the User.
- The Users declares being the owner of the entire Content or that he or she has acquired all relevant rights relating to the Content (for example from photographers) and that the use of the Content by the User or by Casavo does not infringe any intellectual property laws in force nor any third-party rights.
- In using our Website, our App and our Services, the User undertakes and warrants that he or she will comply with the laws in force. More specifically, the User:
- shall not disclose any unlawful, illicit, defamatory, pornographic or obscene or otherwise inappropriate information, including information relating to violence, terrorism or hate speech in any form;
- shall respect the laws in force, including on intellectual property and tax matters;
- shall not use the platform and our services to send spam or other illegal advertising.
- Data protection
- Representations and Warranties
- You represent and warrant (i) that you are entitled and have the necessary authorizations to request and use the Services; (ii) that the Services will be used for legitimate business purposes only; (iii) that all the information and personal data provided are complete, truthful and correct; (iv) that you are responsible for your own system requirements (hardware, software, etc.) and your Internet access; (v) that the Content does not contain viruses, Trojan horses, time bombs, logic bombs, cancelbots, and / or other computer programming routines that could even potentially damage or otherwise adversely affect the operation of any computer or network or database, prevent or hinder access to the Website, App or Services or to any data or adversely interfere in any way with Casavo’s business or infrastructure; (vi) that you will not to carry out, directly or indirectly, any spamming, phishing or other contact, impression or marketing activities that are improper, deceptive, or illegal and in any case likely to harass users and connected to any Casavo Website, App or Service; (vii) that you will not modify, translate, decompile, create derivative works of, copy, distribute, disassemble, transmit, send, publish, remove or alter any proprietary notice or label, grant any license or sub-license on, assign, sell, represent, formulate, exploit, rent or lease, place private labels on, grant a warranty relating to the use of, or otherwise commercially use the Website, the App or parts thereof (including any pages, texts, images, descriptions, audiovisual content and works therein reproduced); (viii) that you have understood that any sale or purchase is subject to the execution of a final and binding contract and to the formalities required by the legislation in force;
- The real estate agents and other parties acting as professional Users also declare that they are acting in the course of business and that, therefore, the provisions of Legislative Decree no. 206 of 06 September 2005 (“Consumer Code”) do not apply to the contractual relationship with Casavo;
- Casavo does not warrant:
- that a sales contract will actually be signed following the interest shown in a property;
- the content and results of the online valuation. The online valuation of the properties offered for sale is intended to provide accurate and realistic market prices, based on the algorithm developed by Casavo, but it does not purport to provide an objective price, nor can it be interpreted by the User as Casavo’s undertaking that the estimated price will actually be obtained.
- Limitation of Liability
- Casavo shall not be liable: (i) for incidental or consequential damage or for damage due to the malfunctioning of applications and in particular for any damage to Users except for conduct directly attributable to Casavo; (ii) for damage suffered by Users due to such errors, viruses and/or operating defects; (iii) for the malfunctioning of the services offered caused by faults in telephone lines, electricity lines, online transmission tools, overloads, interruptions or any cause that is not dependent on Casavo’s conduct; (iv) for use of the Website, the App and the Services by Users or by third parties in breach of applicable laws or regulations; (v) for the contents and services placed on third-party websites that may be accessed by Users through the links placed in the Website or the App;
- These provisions, as well as all the clauses of these General Terms and Conditions containing exclusions or limitations of liability of Casavo or its related parties, must be understood in the widest and most extensive sense possible, but apply only to the extent permitted by the law and regulations applicable in the User’s country of residence. In any case, they do not apply in case of wilful misconduct or gross negligence, when damage consists of an injury to physical integrity or health and in the event that the actions of Casavo or its agents constitute a breach of obligations arising from public order laws and regulations.
- Indemnity clause
By using the Website or the App, Users indemnify and hold harmless Casavo and the other companies of the Casavo Group, as well as their directors, employees and agents against any loss, direct and indirect damage, liability, cost, expense (including legal fees), compensation obligation alleged or claimed by third parties and arising from: (i) the use of and access to the Website, the App or the Services by Users; (ii) the breach by Users of any provision of the General Terms and Conditions; and (iii) the breach by Users of any third-party right, including without limitation any right to privacy, right to the protection of image and likeness or intellectual property right. The indemnification obligations shall survive the period of use of the Website, the App or the Services by Users until all rights and possible related actions have become definitely time-barred. This is without prejudice to what is elsewhere provided in these General Terms and Conditions.
Casavo shall make every reasonable effort to keep the Website or the App operational at all times. However, from time to time, technical difficulties, related for example to the nature of the Internet, could cause an interruption in accessibility to the Website or the App. Furthermore, we reserve the right to limit the availability of the Website or the App (i) if necessary to protect their proper functioning, as well as the security and integrity of our servers, the integrity of rights of Casavo, of Casavo’s licensors, of Users or of third parties, (ii) to perform maintenance on the Website or the App.
Casavo reserves the right to make changes to the Website or the App in order to introduce new Services and/or improve existing Services, their accessibility and/or their operation, possibly also by amending these General Terms and Conditions in accordance with the provisions in Article 18 below.
Casavo reserves the right to inhibit or prohibit or suspend, at any time and without notice, access to the Website or the App.
Users are required to keep confidential any information that has been expressly declared as being confidential, or which is such by its nature, including Casavo’s economic and commercial secrets, and not to make such confidential information accessible to third parties without Casavo’s prior consent.
- Intellectual Property
Users are aware of and accept that the Services may include materials and information protected by copyright, trademarks, patents, trade secrets and other intellectual property rights.
Therefore, Users undertake to respect these rights and not to undermine in any way their exercise by their legitimate owners.
Casavo reserves the right to prevent the use of the Website and the App and the Services by Users who infringe the intellectual property rights of others.
The Website and the App are protected by the laws on copyright, registered trademarks, designs and models, domain names and/or on other industrial and intellectual property rights and are the property of Casavo.
All registered trademarks, service marks, registered names, domain names and any other features of the Casavo trademark or of other trademarks included in the Website or the App are the exclusive property of Casavo or its licensors. The User is not authorized to use the trademarks of Casavo or of third parties published on the Website or the App for personal or commercial use. Furthermore, any use of the contents and images of the Website or the App for promotional or commercial use is prohibited.
- Governing Law
These General Terms and Conditions and the Services provided to Users are governed by Italian law within the limits established by applicable laws.
For any dispute arising from the interpretation, application and execution of these General Terms and Conditions, the Italian Court of the Forum in which the User is resident shall have jurisdiction. If the User does not usually reside in Italy, but in another state of the European Union, the User may, alternatively, also apply to the Courts of the district of the city in which he or she habitually resides.
For any questions, information and clarifications concerning the Website, the App, the Services and / or these General Terms and Conditions, you may contact Casavo at the e-mail address [email protected]
- Amendments to the General Terms and Conditions
Casavo reserves the right, at its sole discretion, without notice and/or communication, to modify the provisions of the General Terms and Conditions at any time; Users will be able to consult them in the most current version on the Website or the App.
Milan, 11 September 2020