Termos e Condições

Effective as of 5th of May 2017

Thank you for choosing MIPARO. MIPARO´s Terms of Service Agreement explains the terms and conditions under which you are able to list real-estate properties on the MIPARO’s website. Please read this Terms of Service document carefully, and keep a copy of it for your reference. The effective version of our terms of use can be found on our website.

BY SUBSCRIBING TO USE OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY MIPARO YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH MIPARO AB, 559087-4920, Rörgatan 4, 75221 Uppsala Sweden. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

By using our services or accessing our site, you agree with our general Terms of Use and consent to our Privacy Policy and Cookie Policy. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and MIPARO AB. In case of any contradiction between the two, rules of this agreement shall prevail over these Terms.

Definitions

The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:

Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document.

Site’ refers to the website of the MIPARO.

Agent/You’ refers to real-estate agent that subscribes to use our Services.

We/Us/MIPARO’ refers to MIPARO AB, the Site, and their developers and affiliates.

Party/Parties’ refers to either MIPARO AB or you when used in singular form, and to both MIPARO AB and you when used in plural form.

Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Agents.

Outside source’ refers to any application, website, natural or legal entity other than MIPARO, the Site or their affiliates.

Content’ refers to all images, text, audio and video data or any other information located on the Site, other platforms including social media, or otherwise provided by Agents.

Services’ refers to all services delivered through the Site.

Use of the Services

Eligibility

By subscribing to the Services you confirm that you are licensed by the relevant government or statutory authority (either as an agent or as a registered builder or developer) and


  1. (I) you will remain licensed at all times;

  2. (II) you are currently complying and will continue to comply with the terms of any license.

By using our Services, or by providing your information for other purposes, you confirm that you


  1. (I) have full legal capacity to enter into a binding relation,

  2. (II) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms,

  3. (III) that you have available funds necessary for the requested Service,

  4. (IV) that you will not use Services contrary to these Terms or applicable laws.

Registration

When subscribing to our Services, Agents are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current, and complete. You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform MIPARO immediately.

Services are available to you upon registration on the Site and payment of the subscription fee. By subscribing to the Service, you agree to become a subscriber for the period you have selected. A full list of subscription plans and pricing is available on the Site. MIPARO reserves the right to amend subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Site. Any changes to the pricing will not affect Agent’s current subscription period and will become effective upon subscription renewal.All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you have selected. If you would like to discontinue automatic renewal, you may log in to the Site and turn off auto-renewal.

We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:


  1. (I) The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,

  2. (II) We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,

  3. (III) Your order is placed pursuant to previous credit card dispute.

We may offer a free trial period for using the Site. During this period you will be able to use full functionality of the Site. Any unused portion of a free trial period, if offered, will be forfeited when the Agent purchases a subscription.

Contact

We may contact you using the available contact information provided by you, for any matters relating to the Services (Service e-mails).These e-mails do not constitute “unsolicited commercial e-mail advertisements, ” and you are not able to opt-out of receiving them. We may also inform you through e-mail about news, promotions, special offers and/or other topics of interest related to the MIPARO and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

MIPARO’s role and control of information

Please note that MIPARO is a provider of the Site and not a real estate - or letting agency. MIPARO is not a lender, mortgage broker, loan originator, loan processor or underwriter. MIPARO does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions. MIPARO acts as a repository of the Content. Any Content made available through or resulted from the usage of Services does not necessarily represent our views or opinion. We do not provide any warranty as to the accuracy of the Content, legal status, or its fitness for a particular purpose. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MIPARO is not liable in respect of the information that is published on our site by Agents, whether it is published directly by Agents or published through synchronization of Agent’s information.

Even though we are not obligated to control and/or adjust the information published on our site we have the right to do so under any circumstance.

Inappropriate or offensive language

When you provide MIPARO with the Content, you agree that you will not upload, post, or otherwise make available to MIPARO Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties. MIPARO has the right, but is not obligated, to delete and/or correct inappropriate or offensive language that is published on our site. Please note that MIPARO does not take any responsibility for the content that is published on our site by advertisers and Agents. MIPARO does not pre-screen the content, so you hereby agree that you may be exposed to content that may be objectionable by third-parties and that you use the Site and the Services at your own risk.

Infection and viruses

MIPARO does not guarantee that Content from our website is free of infection or viruses such as worms, Trojan horses or other contaminated or destructive properties. We are not liable for any of your damaged or lost data.

Acceptable Use Policy

You agree that you will not misuse our Services. A misuse constitutes any usage, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to any Agent, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

  1. (I) send or otherwise post unauthorized commercial communications (such as spam) on the Site;

  2. (II) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

  3. (III) upload viruses or other malicious code;

  4. (IV) solicit login information or access an account belonging to someone else;

  5. (V) bully, intimidate, or harass any other site user;

  6. (VI) provide any false personal information on the Site, or create an account for anyone other than yourself without permission;

  7. (VII) create more than one personal profile;

  8. (VIII) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

  9. (IX) harass, threaten, embarrass or cause distress or discomfort to another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;

  10. (X) take any action creating a disproportionately large usage load on the Site unless expressly permitted by MIPARO;

  11. (XI) delete, hide, remove or modify any Content or communication of the Site or other individuals other than yourself;

  12. (XII) Encourage participation or promote any contests, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site.

Intellectual property rights

The copyright and all intellectual property rights in this site belong to or are licensed to MIPARO. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, the selection and set up thereof and the software. All rights are reserved.

YOU MAY NOT MODIFY, COPY, TRANSMIT, REPRODUCE, REPUBLISH, STORE (IN WHOLE OR IN PART), FRAME, DISTRIBUTE, SCRAPE, CREATE DERIVATE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITES, PASS-OFF OR LINK TO ANY MATERIAL OR INFORMATION ON OR DOWNLOADED FROM THIS SITE WITHOUT OUR PRIOR WRITTEN CONSENT.YOU MAY NOT SCRAPE ANY CONTENT FROM OUR SITES EITHER AUTOMATICALLY OR MANUALLY IRRESPECTIVE IF SUCH CONSENT IS THEN PRESENTED IN A PUBLIC DOMAIN OR NOT.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Site and any software provided by MIPARO.

MIPARO is under no obligation to provide you with any support, maintenance, or training relating to the Site, Services, or any software provided. Notwithstanding the preceding, should MIPARO elect to provide you with any support, maintenance or training, that support, maintenance or training will be provided at sole discretion and convenience of MIPARO.

Agent’s Content

If you choose to share your content with MIPARO, either by directly uploading it through Site’s interface or API, or by synchronizing your website with MIPARO, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site, social media pages, and on any other marketing material we may create. Whenever you are providing your content, you confirm that content will be true, accurate and complete, that you have necessary rights and authorization to share such content with MIPARO, that usage, display and distribution of such content will not infringe any third-party rights, and that such content is in compliance with our acceptable use policy. You acknowledge that it is your sole responsibility to ensure MIPARO has your correct contact details, including but not limited to street and/or postal address and email address for delivery of leads, notices, notifications and email inquiries from the Site

If you opt in for the synchronization of the content with MIPARO, you hereby understand that this option will cover any and all information available on the website which is being synchronized. We are not responsible for any errors in display of any such content, and if you find that the error has been made, please contact us immediately.In using the Service, you must:

  1. (I) only list real property for sale or lease – the listing of other items (for example, cars or boats) is prohibited

  2. (II) only list properties which are presently available for sale or lease and which you have been authorized to market for sale or lease;

  3. (III) not include any promotional web addresses

  4. (IV) ensure that any photographs or illustrations submitted in respect of property, accurately represent the property in question and are free from borders, watermarks (unless otherwise allowed as an exception by MIPARO), agent location or contact details;

  5. (V) accurately indicate the location of the property being listed – MIPARO reserves the right not to publish an advertisement which does not include accurate details of the property location;

  6. (VI) immediately remove any properties which are no longer for sale or lease (for example properties which have been sold, leased or withdrawn from the market);

  7. (VII) only list each property for sale or lease once on the Service;

  8. (VIII) provideMIPARO in respect of each property at least the minimum amount of information including property type, location, price, description, number of rooms, and at least one photo.

  9. (IX) or licensed agents, ensure that all for sale and rental listings for which the agency has been appointed by a vendor or lessor are listed on the Site.

MIPARO may choose not to publish, or may remove once published, any listings which do not comply with the above requirements (or where you have not complied with any of the above requirements).

Third Party Services

The Services may be made available or accessed in connection with third party services and content (including advertising) that MIPARO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. MIPARO does not endorse such third party services and content and in no event shall MIPARO be responsible or liable for any products or services of such third party providers.

Notification of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to MIPARO:

  1. 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. 2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. 3. A description of where the material that you claim is infringing is located on the Site;

  4. 4. Your name, address, telephone number and e-mail address;

  5. 5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. 6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You can send the required information to the info@miparo.com or MIPARO, Rörgatan 11, 75223 Uppsala, Sweden.

Non-Disclosure

For the purpose of this Agreement, Confidential Information refers to any and all information disclosed or exchanged between the parties in relation to the services. Confidential Information does not cover information that was known to either party prior to disclosure or was made available to the public. Parties hereby agree:


  1. (I) to keep Confidential Information in strict confidence,

  2. (II) to undertake all reasonable measures to protect the confidence of Confidential Information,

  3. (III) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent from the other party,

  4. (IV) to use Confidential Information only for the purpose of fulfilling of this Agreement,

  5. (V) to return to another party all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media in which the Confidential Information is stored.

Indemnity

You will indemnify and hold harmless MIPARO, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

Limitation of liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOURSOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MIPARO SERVICE IS TO STOP USING THE MIPARO SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MIPARO, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE MIPARO SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF MIPARO HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MIPAROS AGGREGATED LIABILITY EXCEED THE AMOUNT YOU PAID MIPARO, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

MIPARO, its employees, agents, and its directors do not accept any liability and you hereby agree to release us from any liability arising (whether directly or indirectly) out of the information provided on the Site, or anyone else through our Site, or any errors, in or omissions from information on the Site. MIPARO is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence and, if required by applicable law, gross negligence and for fraud or fraudulent misrepresentation.

Changes

MIPARO MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON OUR WEBSITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. CHANGED TERMS OF SERVICE AGREEMENT WILL NOT AFFECT ANY RIGHT OR OBLIGATION OF YOU OR MIPARO UNTIL EXPIRY OF THE CURRENT SUBSCRIPTION PERIOD. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT ON OUR WEBSITE. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR WEBSITE, FOR AN EXAMPLE EMAIL, MOBILE APPLICATIONS AND SOCIAL MEDIA PLATFORMS SUCH AS FACEBOOK AND TWITTER.

Please check our Terms every time you use our site to ensure you understand them.

Term and Termination

MIPARO may terminate this Agreement by immediate written notice to you if you:


  1. (I) fail to pay any fee under this Agreement by the due date for payment;

  2. (II) breach any provision of this Agreement that is not capable of remedy;

  3. (III) breach any provision of this Agreement that is capable of remedy and you fail to remedy such breach with 14 days’ written notice; or

  4. (IV) become insolvent

You may terminate this Agreement on 30 days’ written notice to MIPARO. MIPARO may terminate this Agreement in its absolute discretion on 30 days’ written notice to you.

On the termination of this Agreement:

  1. (I) you agree to pay all outstanding fees to MIPARO; and
  2. (II) you must return or destroy all MIPARO’s intellectual property in your possession or control including but not limited to any application files.

Termination of this Agreement will not prejudice any accrued rights or liabilities of a party.

Governing Laws and Choice of Forum

This Agreement shall be governed by and construed under the laws of Sweden, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Sweden by the Swedish residents. You agree that if you have any dispute with MIPARO you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the Uppsala District Court.

Final Provisions

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision. Nothing contained in these Terms will be construed to create the relationship of employer and employee, principal and agent, or any other fiduciary relationship.

These Terms made be available on multiple languages, however English version will be considered as the authentic and official version.


For information about how to contact MIPARO, please visit our contact us page.