Terms & Conditions

TERMS & CONDITIONS

COLIVIFY
Calle Mayor 76
28013 Madrid (Spain)
Email

Managing Firm: Simulación Técnica S.L.

Contact our customer service:
Phone/WhatsApp number: +34 695140706

For online dispute resolution: Madrid (Spain) court

Colivify does not participate in dispute resolution proceedings before a consumer arbitration board

1. Purpose and general information

Colivify (Simulation Tecnica group, hereinafter, “Colivify“, “us” or “we“) make these terms and conditions (hereinafter, the “General Conditions“) available to you, which regulate:

The access, use, browsing and registration on the website located under the domain name www.colivify.com and its respective subdomains, or mobile applications, owned by Simulacion Tecnica (hereinafter, the ‘Website‘).
The downloading and use of any information, text, images or other content that you can access from the Website.

Our aim is for you to learn more about what we do, how our Website works, and the services we offer. At colivify.com, we value our users, and the trust you place in us, when using our services or accessing the Website is fundamental. That is why we want to repay your trust by providing you with information about our services in a way that is simple and easy to understand.

What is www.colivify.com?

Our website, hosted under the domain www.colivify.com, and its subdomains contain a technological platform that we make available to our users, so that they can book, rent or search for a property or menu, and whose main service is hospitality (hereinafter, the ‘Main Services‘).

Colivify.com simply rents its property. In this context, we offer some additional related services (hereinafter referred to as the ‘Additional Services‘ and, together with the ‘Main Services‘, the ‘Services‘). You can find more information about our Additional Services in Clause 5 of these General Conditions.

2. Access to and acceptance of the General Conditions

By accessing or using the Website and Apps, you do so under your sole and exclusive responsibility, where you are given the status of user (hereinafter, ‘User‘ or ‘Users‘), which implies that you have read, understood and expressly agreed to comply fully with these General Conditions in the version published at any given time.

In the event that you use Services that require registration, either for individual or professional use, you will become a registered User (hereinafter, ‘Registered User‘ or ‘Registered Users‘), which also entails that you accept the particular conditions that may replace, complete and/or modify these General Conditions (hereinafter, the ‘Specific Conditions‘), as applicable 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 without this giving rise to any liability or compensation on the part of idealista. 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 email at the email address you provided to us when registering. We will also update the ‘date of last update’ at the top of these General Conditions. However, we advise you to check these General Conditions frequently to keep up to date with any changes we may have made.

If you access the Website and Apps or use the Services after any change is made to the General Conditions, you expressly accept the new General Conditions.

If you do not agree to these General Conditions or any modifications that may be made to these General Conditions, you should stop using the Website and Apps or the Services. By continuing to use them, you agree to the General Conditions.

For clarification purposes, these General Conditions and the Specific Conditions, if applicable, shall apply to both individual and professional Users.

3. Minors

The Services offered by colivify are not for children under the age of 18. By accessing or using our Website and Apps or Services, you state and guarantee that you are at least 18 years of age.

4. Terms of use and responsibility for use of the Website and Apps

Your use of the Website and Apps must respect these General Conditions and, where applicable, the Specific Conditions, the law in force at any given time, morality, good customs and public order.

You may not make any unlawful or improper use or in breach of any of the clauses of these General Conditions or the Specific Conditions, where applicable. To make it easier for you to navigate and use our Website and Apps, here is a list of what you can and cannot do:

You can

Access and browse the Website and Apps without registering and free of charge.
Should you decide to register, use our 2-step login system with verification, to strengthen the security of your account and ensure that no one else can access it without your consent.
Receive alerts on new properties and save properties that may interest you as favourites.
Contact us about the properties you are interested in.

You cannot:

Enter, share, disseminate or publish:
- Content of a racist, xenophobic, obscene or denigrating nature.
- Content that incites criminal, terrorist, violent or defamatory acts due to age, sex, religious beliefs or any other kind.
- Content that violates the fundamental rights of third parties in any way.
- Information that constitutes unlawful or unfair advertising.
- Content that violates the secrecy of communications and/or the applicable regulations on personal data protection.
- False, inaccurate or fraudulent content that could mislead the recipients of such information.
Use the Website and Apps for any unlawful purpose, nor for resale, transfer or disposal for the use or benefit of any other person or entity.
Cause damage to the computer systems of colivify or third parties, or introduce or disseminate computer viruses or any other type of harmful system that may cause damage to computer systems.
Conduct acts that involve an infringement of our intellectual property rights and/or damage to the reputation of colivify or third parties.
Use the identity and/or login codes or password of a third party Registered User without their consent.
Access, monitor or copy any information contained in the Website and Apps by using any robot, spider, scraper or other automatic means or manual process for any purpose whatsoever, without our express written permission.
Violate the restrictions of the robot exclusion checkers included in the Website and Apps, or bypass or circumvent other measures employed to prevent or limit access to the Website and Apps.
Take any action that imposes or may impose, in our judgement, an unreasonable or disproportionately large burden on our infrastructure.
Link to any content on the Website and Apps for any purpose whatsoever and without our express written permission.
Replicate, mirror or otherwise incorporate any content from the Website and Apps on any other website without our prior written permission.

What happens if you do any of these actions?

If you engage in any of these behaviours, you will be liable for any damages that may arise as a result of a direct or indirect breach of these General Conditions or the Specific Conditions, and you agree to hold Colivify harmless. Furthermore, in the event of breach, we reserve the right to unilaterally cancel, at our sole discretion and without prior notice, the access, use and/or registration of our Website and Apps and our Services to any User or Registered User, without giving rise in any case to any compensation whatsoever.

What happens if you detect someone else is doing it?

If you observe a use that violates these General Conditions or the Specific Conditions or if you become aware that a right of Colivify or third parties is being violated, we ask you to please notify us through the forms provided on the Website and Apps or by telephone.

5. Additional Services

As we mentioned at the beginning of these General Conditions, apart from the use of the Website and Apps and the Main Services that help you to look for properties for rent, we also offer a series of Additional Services, which can be provided directly by us or by other companies (from the same group or not) with which we collaborate. Specifically, we offer you serviced properties on request:

Room service: meals, laundry and housekeeping
Private transfers provided by third-party operators
Suitecase storage
Pet accessories
Maintenance and assistance service for all our clients

Please note that these Additional Services may be subject to Specific Conditions that differ from these General Conditions.

6. Intellectual and industrial property

6.1. Materials and information contained on the Website and Apps

Through these General Conditions, you acknowledge and accept that all rights regarding the material and elements appearing on the Website (including, but not limited to, drawings, text, graphics, maps, photographs, images, audio material, video material, distinguishing marks, logos, trademarks, trade names, domains, software etc.) belong to colivify or, where appropriate, to third parties who have consented to the transfer of the same to colivify, consequently, we have all the necessary rights and licenses for the use of such.

The fact that we allow you to access, use, browse, utilise and/or download material from our Website and Apps in no way implies that we waive, transmit or grant any licenses or transfer of our rights, or that you acquire ownership thereof. As a User or a Registered User, you only have the right to strictly personal and private use, solely in order to benefit from the Service. Consequently, you cannot manipulate any identifying element from colivify 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 so as to give the impression that it belongs to or is associated with the User or Registered User is likewise prohibited.

Specifically, 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 for any commercial or competitive activity without our prior written permission.

6.2. Material contained and stored on colivify/tools

All rights to the materials and items contained in the colivify/tools software are and shall remain the property of colivify or its third-party licensors (as applicable). Nothing in the General Conditions or Specific Conditions may be interpreted as a transfer to Professional Clients of any image, intellectual or industrial property rights over the aforesaid materials and items of colivify.

Without prejudice to the above, by using the Colivify/tools software, you grant a worldwide, non-exclusive, irrevocable, royalty-free, transferable and sub-licensable license to colivify 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 colivify, in order to:

(a) provide you with the Services you have contracted with us; and

(b) optimise, adjust, aggregate, evaluate, analyse, report and obtain information to improve and develop our Services, as well as any other service, product or technology that colivify provides or may develop and provide, provided that colivify does not disclose for this purpose any information that identifies or could reasonably be expected to identify any party outside colivify, Professional Client, its brands or its own customers.

Nothing in this clause affects colivify’s obligations regarding personal data protection, in accordance with the provisions of the Privacy Policy.

Bear in mind that the price that may appear on Colivify for a given property will be the price at which it was advertised and may or may not coincide with the final price at which it was rented.

Finally, remember that the fact that a property is visible on colivify does not imply that it has been or is available for rent. If a property is available, we will inform you specifically.

7. Responsibility of colivify

Our responsibility is that which is legally established by Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, which states that, in general, we cannot be held liable for the information published at the request of Users.

Although we make every effort to ensure that the content published is correct, we are under no obligation to exercise prior control over the truthfulness, accuracy, legality, relevance or appropriateness of the material published on the Website and Apps, given that it is stored at the request of Users. However, in the event of detecting or suspecting any unlawful act or any act contrary to these General Conditions or the Specific Conditions, we will act with due diligence to remove the information concerned or make access to it impossible in accordance with the regulations in force.

Colivify accepts no liability whatsoever for any damage or prejudice that may arise from the relationship between Users as a result of their contacts or negotiations.

The Additional Services shall be regulated in accordance with their Specific Conditions, and colivify shall assume, in relation to the same, the responsibility that corresponds to it legally or contractually. Regarding the advanced electronic signature service, colivify shall not be liable under any circumstance for documents unsuitable for signature, uploaded, published or sent to other recipients by Users; or that have not been signed validly and/or properly, in accordance with the criteria established in applicable regulations and in these General Conditions.

Access to and use of the Website and Apps requires a computer device or equipment and an internet connection and you agree that you will bear the associated costs.

We are not responsible for the existence of any liens, encumbrances, rights, disputes, mortgages, incidents, seizures or redeemable loan that may affect the properties advertised on our website and Apps, and you agree to hold colivify harmless from any liability or damage in this regard.

We are not responsible for the accuracy, completeness, truthfulness, legality or suitability of the information, materials and/or content available on third-party websites that you may access through links available on our Website and Apps.

8. Payment methods on theWebsite and Apps

On the Website and Apps you can contract some of our Services and pay for them directly by credit or debit card (Visa, Mastercard, American Express, etc.) or even with Bizum in certain cases. These payment methods are subject to verification and authorisation by the issuing entities (issuers of the cards or payment accounts), and therefore, if these entities do not authorise the payment, colivify will not continue with the transaction, which will be automatically cancelled.

For payment by credit or debit card, colivify has installed an e-commerce payment gateway provided by banks authorised to do so. All data provided to colivify for this purpose is duly encrypted to guarantee maximum security and confidentiality, and is stored on a secure server certified according to Secure Socket Layer (SSL) protocol.

9. Contracting with third parties through the Website and Apps

You acknowledge and accept that any contractual or extra-contractual relations that you enter into with any advertiser, User, Registered User or third party through our Website and Apps or our Services will be solely and exclusively between you. Colivify will not form part of, nor assume any responsibility for any damages that may arise from this relationship.

Therefore, we recommend that you exercise caution when contacting or contracting with any advertiser, User, Registered User or third party through our Website and Apps. If you have any doubts or suspect that any unlawful activity, fraud or conduct contrary to these General Conditions is taking place, we advise you not to make payment or enter into any contract and to contact us, as soon as you detect it. We will do our best to help you resolve it.

10. Links or hyperlinks to the Website and Apps

At colivify 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 request the express written permission of colivify, before linking to or framing this Website or any of its contents. If you wish to do so, when contacting colivify to request permission you must include: a) name, email address and phone number, b) your company name, c) the address(es) of the website where the proposed deep linking or framing will appear, and d) specific details of the considered deep linking or framing, including the content or pages of the website to which you wish to deep link or frame.

You must not link our Website and Apps to any other website that contains inappropriate, defamatory, unlawful or inappropriate subject matter, material or information, or material or information that violates any third-party rights, including intellectual property rights. Nor do we permit the establishment of any type of frames that allow the viewing of the Website and Apps through a different address that may mislead or deceive Users as to the true origin of the items or Services that are displayed, or that may constitute an act of unfair competition (e.g. may serve to take advantage of the reputation and prestige of colivify, or in any other way that may violate current legislation).

11. Personal data protection

By accessing the Website and Apps and/or using the Services, we may process your personal data. You can obtain detailed information on how and for what purpose we will process your data by viewing our Privacy Policy.

We also inform you that we may use cookies when you browse the Website and Apps. You can obtain detailed information on our use of cookies by viewing our Cookie Policy.

12. Duration and term

Access to the Website and Apps and the Services is, in principle, for an indefinite period of time.

Both the User and colivify may terminate the relationship without notice.

However, a different duration and need for prior notice may be established in the Specific Conditions, in the contract signed with us or in applicable legislation. Any clause of these General Conditions that is or becomes illegal, invalid or unenforceable shall be excluded and replaced by a clause that is as similar as possible, without affecting the User, and without giving rise to any compensation whatsoever. In this case, the remaining provisions or paragraphs remain unaffected.

13. Applicable law and jurisdiction

These General Conditions are subject to the laws of Spain. Any conflict that may arise shall be submitted to and resolved by the Courts and Tribunals of the city of Madrid.

We know that reading it all the way through has taken up a lot of your time, so thank you.