Hotopics Unipessoal Lda. (hereinafter, "Hotopics" or "we") place(s) these terms and conditions at your disposal (hereinafter the "General Conditions") which regulate:
Our goal is for you to learn more about what we do, how our Website and Apps work, and the services we offer. Hotopics values its users, and their trust in us when using our services or accessing the Website and Apps is fundamental. That's why we want to repay that trust by providing our users with information about our services in a simple and easy-to-understand way.
Our website, hosted under the domain www.privatemarkets.ptand its subdomains, contains a technology platform that we make available to our users so they can search for a property (hereinafter the "Main Service").
Hotopics facilitates the contact between users offering properties and those looking for properties. Hotopics can intervene in any transactions that may arise from such contacts. Hotopics holds a real estate agency license, and we are involved in selling and/or renting properties.
Hotopics is the owner of this Website and the Apps, with the following corporate information:
You can contact us anytime via the postal address above or by emailing us at info@privatemarkets.pt.
When accessing or using the Website and Apps, you are doing so under your sole and exclusive responsibility and assume the status of the user (hereinafter, “User" or “Users"), which implies that you have read and that you understand and unreservedly accept these General Conditions in their latest published version. If you use Services requiring registration, whether as a private user or professional user, you will become a registered user (hereinafter, “Registered User" or “Registered Users"). This likewise implies that you accept any specific conditions that may replace, add to and/or modify these General Conditions (hereinafter, “Specific Conditions") as they apply in each case.
We reserve the right to extend, modify, replace and/or cancel our Services and/or these General Conditions at any time, without prior notice and without giving rise to any liability or right to compensation on the part of Hotopics. We will do our best to notify you of any changes to the General Conditions. In particular, if you are a Registered User, we will notify you of any changes to the General Conditions by emailing the email address you provided during your registration. We will also change the “latest update" date at the top of these General Conditions. However, we advise you to review these General Conditions frequently to be aware of any changes we may have made.
If you access the Website and Apps or use the Services after any change to the General Conditions, you will be expressly accepting the new General Conditions.
If you do not agree with these General Conditions or any changes that may be made to them, you should stop using the Website and Apps and the Services. If you continue to use them, you accept the General Conditions.
For the sake of clarification, these General Conditions and, if applicable, the Specific Conditions will apply to both private Users and professional Users.
The Services provided by Hotopics are not intended for minors under 18. By accessing or using our Website, apps, or Services, you state and warrant that you are 18 years old or over.
Any use of the Website and Apps must always comply with these General Conditions and the Specific Conditions, where applicable, as well as currently applicable law, good morals, decency and public order.
You may not use any of the above unlawfully, inappropriately or in any way that contravenes any provision in these General Conditions or the Specific Conditions, where applicable. To facilitate your browsing and use of our Website and Apps, here is a list of what you may and may not do
Engage in any of these behaviours. You will be liable for any damages arising from such direct or indirect breach of these General Conditions or the Specific Conditions and you agree to indemnify and hold Hotopics harmless.
Furthermore, in the event of a breach, we reserve the right to cancel unilaterally, at our sole discretion and without prior notice, the access to, use of and/or registration on our Website and Apps and Services of any User or Registered User, without this in any way constituting grounds for any form of compensation.
If you become aware of any use contrary to these General Conditions or the Specific Conditions or if you become aware that any infringement on the rights of Hotopics or third parties is occurring, we ask you to inform us using the forms provided on the Website and Apps or by telephone
Through these General Conditions, you acknowledge and accept that all rights regarding the material and elements appearing on the Website and Apps (including, but not limited to, drawings, text, graphics, maps, photographs, images, audio material, video material, distinguishing marks, logos, trademarks, trade names, domains, software etc.) are the property of Hotopics or, where appropriate, of third parties who have consented to the transfer thereof to Hotopics, consequently, we have all the necessary rights and licences for the use thereof.
The fact that we allow you to access, use, browse, and/or download material from our Website and Apps in no way means that we waive, transmit or grant any licences or transfer of our rights, or that you acquire ownership thereof. As a User or a Registered User, you are only entitled to a personal and private use right, solely in order to benefit from the Service. Consequently, you cannot manipulate any identifying element from Hotopics or the respective owners. In particular, the use of any material or elements from the Website and Apps for inclusion in whole or in part on other websites or apps without our prior written permission is prohibited. The use of any element or information in such a way that it would give the impression that they belong to or are associated with the User or Registered User is likewise prohibited.
In particular, it is not permitted to re-sell, deep link, use, copy, monitor (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our Website and Apps for any commercial or competing activity without our prior written permission.
When using the Services, the materials and information you post on our Website and Apps (including the media viewer integration service generated outside Hotopics) must respect the image rights, data protection, and intellectual and industrial property rights that may exist on them. Therefore, the user acknowledges and undertakes to assume sole responsibility for any liability or damages that may arise from them.
By disclosing, posting or sharing information, non-personal data, photographs or any other material with us, you are granting us a licence with worldwide effect for the maximum period of protection permitted by law and with the possibility of sublicensing such information to related companies and third parties.
In particular, you authorise us to:
Likewise, if you are a photographer and use and/or access our Website and Apps to upload photos, videos and property plans that are the result of your work or service, by disclosing or publishing information, non-personal data, photographs or any other material through Hotopics, you are granting us a licence with worldwide effect, for the maximum period of protection permitted by law and with the possibility of sublicensing this information to related companies and third parties. In this regard, you also acknowledge that Hotopics has the right to disclose all or part of the content of the listings for advertising campaigns, promotion of the Website and Apps, blogs, etc.
All rights in the materials and elements contained in the Hotopics/tools software are and will remain the property of Hotopics or its third party licensors (as the case may be). Nothing that is set forth in the General Conditions or Specific Conditions can be interpreted as an assignment in favour of the Professional Clients of any image, intellectual or industrial property rights over the materials and elements of Hotopics mentioned above.
All rights to the information stored by the Professional Clients in Hotopics/tools remain the property of the Professional Clients or their third party licensors.
Notwithstanding the foregoing, by using the Hotopics/tools software, you are granting a worldwide, non-exclusive, irrevocable, royalty-free, transferable and sublicensable license to Hotopics to use, copy, store, archive, modify, extract, display, distribute, transmit, transfer, make available, reuse, download and create, among other things, derivative works and data, from any non-personal information you have stored on Hotopics/tools, for the purpose of:
(a) provide you with the Services you have contracted; and
(b) optimise, adjust, aggregate, evaluate, analyse, inform and obtain information to improve and develop our Services, as well as any other service, product or technology that Hotopics provides or may develop and provide, provided that Hotopics does not disclose for this purpose any information that identifies or that may be reasonably likely to identify any party unrelated to Hotopics, the Professional Client, their brands or their own customers.
The provisions of this section in no way affect the obligations of Hotopics regarding personal data protection, in accordance with the provisions of the Privacy Policy.
Our liability is that legally established by Decree-Law no. 7/2004, of 7 January, on Electronic Commerce in the Internal Market and the Processing of Personal Data, which states that, in general, we cannot be held liable for information published at Users' request.
Although we strive to ensure that the content posted is correct, we have no obligation to exercise prior control over the truthfulness, accuracy, lawfulness, relevance or suitability of the material published on the Website and Apps, as it is stored at the request of Users. Notwithstanding this, in the event of detection or suspicion of any fact that is illicit or contrary to these General Conditions or the Specific Conditions, we will act with due diligence to remove the affected information or make it impossible to access it in accordance with current applicable law.
Hotopics will not bear any liability for damages or losses that may arise from the relationship between Users as a result of their contacts or negotiations.
The Additional Services are governed by the terms set out in the Specific Conditions, and Hotopics, in relation thereto, bears the responsibility that corresponds to it by law or under the contractual terms and conditions. In relation to the advanced electronic signature service, Hotopics will not be liable under any circumstances for documents that are not suitable for signature, uploaded, published or sent to other recipients by Users, or that have not been signed in a valid and/or appropriate manner, in accordance with the criteria provided for in the applicable law and in these General Conditions.
Access to and use of the Website and Apps requires a device or computer hardware and an Internet connection, so you agree that the associated costs will be entirely at your own risk.
We are not responsible for the existence of any encumbrances, charges, pledges, mortgages, foreclosures or any other encumbrances that may affect the properties advertised on our Website and Apps, so you agree to indemnify and hold Hotopics harmless from any liability or damages in this regard.
We are not responsible for the accuracy, completeness, truthfulness, lawfulness, or suitability of the information, materials, and/or content available on the websites of third parties that you may access through links on our Website and Apps
On the Website and App, you can contract some of our Services, such as listing your properties if you are a Private Advertiser, and pay them directly by credit or debit card (Visa, MasterCard, American Express, etc.). These means of payment are subject to the controls and authorisations of the corresponding issuing entities (card issuers or payment accounts), so if these entities do not authorise the payment, Hotopics cannot continue with the transaction, which will be automatically cancelled.
For payment by credit or debit card, Hotopics has installed an e-commerce payment platform provided by banks authorised for this purpose. All data provided to Hotopics for this purpose will be duly encrypted to ensure maximum security and confidentiality, being stored on a secure server certified according to the "Secure Socket Layer" (SSL) protocol.
At Hotopics we are concerned about the integrity of the Website and Apps when they are accessed or viewed from any setting created exclusively by third parties. In this regard, you must explicitly request and ensure you have Hotopics's express written permission before deep linking or framing this Website or any of its contents. If you wish to do this, when contacting Hotopics to request permission you will need to include: a) your full name, email address and telephone number, b) the name of your company, c) the address or addresses of the website where the proposed deep linking or framing will appear, d) specific information on the deep linking or framing involved, including the content or pages of the website with which you want to establish the deep linking or framing.
You must not link our Website or Apps to any other website containing inappropriate, defamatory or unlawful information, material or themes, or material or information that infringes on any third party's rights, including any intellectual or industrial property rights. Likewise, you may not set up any kind of framing that allows the Website or Apps to be viewed through an address other than that of the actual Website and Apps in such a way that or that could create errors or confuse or mislead users as regards the true source of the items or services being displayed, or that involves an act of unfair competition (e.g. that can be used to exploit Hotopics's reputation and prestige, or otherwise, contrary to current law).
We may process your personal data when you access the Website and/or use the Services. You can get detailed information about how and why we process your data in our Privacy Policy.
We also inform you that we may use cookies when you browse the Website and Apps. You can get detailed information about our use of cookies in our Cookie Policy.
Access to the Website and Apps and Services is, in principle, indefinitely.
Both the User and Hotopics may terminate the relationship without prior notice.
However, a different duration and the need for prior notice may be outlined in the Specific Conditions, in the contract signed by Professional Clients or in the applicable law. Any clause of these General Conditions that is or that becomes illegal, invalid or unenforceable will be excluded and deemed inapplicable, being replaced by another clause that resembles it as closely as possible, without this negatively affecting the User, and without giving rise to any compensation whatsoever. In this case, the remaining provisions shall not be altered.
These General Conditions are subject to Portuguese law. Any dispute that may arise in relation to the use of the Website and Apps shall, to the maximum extent permitted by applicable law, be submitted to and resolved by the Courts and Tribunals of Lisbon.
We know that reading this all the way to the end is no easy task, so we thank you for your attention.