I. Website terms of use
1. General aspects
This set of Terms and Conditions ("Terms and Conditions") governs the relations between TerraNet S.R.L, Bd. Moscova 17/4, MD-2068, Chișinău, Moldova ("the Company") and the persons using ("the User") the websites land.n46.net ("the Site").
Accessing and using the Site, including any of its component pages or sections, or any Service provided through the Site, may only be done in accordance with this set of Terms and Conditions, which include the Data Privacy Policy and the Cookies Policy.
For the use of the area dedicated to corporate clients, this is complemented by the provisions of the Terms and Conditions applicable to real estate agencies for that section, plus the commercial contract established between the involved parties.
The Company only provides the technical prerequisites in the form of databases, through which the information (announcements) is transmitted, without exercising any influence over the content of the announcements.
The Company is not involved in the relationship between the seller and the interested purchasing party or the buyer, neither as an intermediary, nor as a contractual party or representative of a contractual party.
Contracts negotiated as a result of an announcement published on the Site will be concluded and executed without the participation of the Company.
FOR THE USE OF THE SERVICES, WE MAY REQUEST THE USER TO EXPRESS THEIR AGREEMENT REGARDING THIS SET OF TERMS AND CONDITIONS THROUGH A SPECIFIC ACTION, WHICH HAS THE MEANING OF AN UNEQUIVOCAL CONSENT (E.G. CHECKING THE SPECIFIC BOX "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS"). BY CHECKING A CERTAIN BOX, THE USER:
- A) EXPRESSLY AGREES TO COMPLY WITH ALL THE CLAUSES OF THIS SET OF TERMS AND CONDITIONS, AS WELL AS ANY OTHER SPECIFIC TERMS AND CONDITIONS APPLICABLE TO THE SERVICES
- B) ACKNOWLEDGES THE CONDITIONS FOR PROCESSING PERSONAL DATA ACCORDING TO THE PRIVACY POLICY, WHICH IS AN INTEGRAL PART OF THIS SET OF TERMS AND CONDITIONS
To ensure compliance with the conditions for access and use of the Services, Users must verify the terms and conditions of use at the time of each access to the Site. Even if you omit to review the terms and conditions but use the Site, we will consider that you have accepted this set of Terms and Conditions (including any updates to them).
If you do not agree with the provisions of this set of Terms and Conditions (including any updates thereto), please do not use, or as applicable, cease using the Site.
2. Description of services
In accordance with these Terms and Conditions, the Company has the obligation to provide a registration form for announcements, and to ensure access to the announcements in the Site's databases via the Internet for the period of time agreed upon with the User.
The Site promotes the announcements inserted by users through various methods, particularly by including them in other web pages or other online and printed environments, as well as through advertising carried out by references to these announcements in various newsletter-type emails.
Users have the possibility to use the Site and its functions only within the limits of the current state of technology.
The Company reserves the right to temporarily restrict the possibilities of inserting and accessing announcements if this is necessary due to capacity limits, for the purpose of maintaining the safety and integrity of the servers or for implementing technical measures, and if this serves a correct and proper, or improved, execution of the due contractual services (maintenance work).
In particular, due to technical reasons, it is understood that activated announcements cannot be accessed or can only be accessed to a limited extent (unexpected system errors).
Users have free access to most of the Services offered by the Company, with the exception of the announcement publication service, for which Users only have access following registration, authentication, and payment for this Service. Also, logging into the account allows access to additional features of the Site.
Other services that will be implemented over time within the portal are subject to the same conditions, unless they have distinctly formulated conditions of use.
Any material posted on the Site by the User (in any format) may be subject to moderation, before or after upload, in the event that we detect a violation of the terms and conditions.
The User agrees to the transmission of the announcements published on the Site to other sites in order to benefit from greater exposure. The additional exposure is achieved through the following networks: Google, Facebook, Instagram. For this purpose, the User gives their consent regarding the transmission of the public text of the announcement, the photographs attached to the announcement, as well as the contact details published on that respective announcement.
The Company cannot control the way announcements are displayed on affiliated sites, but it will make efforts to ensure the greatest possible exposure.
3. Registration of the User account
Registering a User account on the Site is free of charge. This document, "Terms and Conditions", represents the contract between the User and the Company; the contract enters into force at the moment of registration on the Site and replaces any other prior oral or written understanding or agreement. The only rights of the User are those expressly provided for in the contract, as well as in these terms and conditions, and shall be understood to be used by a person with full exercise capacity.
Only legal entities and individuals holding full exercise capacity can create a User account on the Site. For the avoidance of any doubt, the Site is not intended for minors, and use, including the creation of a User account for these categories of persons, is not permitted.
The Company provides the User with two methods of account registration: via email or by connecting a Google account. In order to connect a Google account, the user must accept the connection conditions displayed by Google, as they are expressed on that respective platform, understanding that the personal data retrieved by this platform will be processed on its own behalf. The information that a User must provide to create the User account must be complete and correct. Registration requires a valid email address. The User may choose a personal password which must be kept secret and must not be disclosed to third parties.
If the information provided during the creation of the User account changes subsequently, the User is obliged to promptly update the respective information contained in the User account.
Each User can create a single User account on the Site. It is forbidden to simultaneously register more than one User account. Circumvention of this provision is not permitted, and the Company has the right to restrict duplicated accounts. The User account is not transferable.
The Company reserves the right to delete User accounts that have been inactive for a period of 12 months.
The Company reserves the right to delete User accounts whose email address has not been confirmed within 30 minutes of the account creation. Confirmation that the email address on which the account was created belongs to the User can be done by accessing the links specifically included in the emails announcing the creation of the account and requesting its confirmation. Along with the deletion of the account, all content existing at that time in the account will also be deleted. This may include: personal information, announcements saved in the account, saved searches, announcements paid for publication on the site, but not limited to these. Without a valid and confirmed email address, the account cannot function at optimal parameters and, furthermore, it prevents the use of the personal email address by unauthorized persons.
When sending a contact form for a property, the User is presented with the entire set of Terms and Conditions to be read and has the option to accept its provisions or not. Only if they agree with the Terms and Conditions and only after expressing this agreement will the Company create an unconfirmed account on the email address entered in the form. After replying to this email address confirmation message, a notification containing a link to the received message will be sent to the User via email. Upon accessing this link, the User has the right to set their own password and to confirm their account, where they will be able to see the received message along with the history of all conversations held through the Site.
The Company is not liable for erroneous information entered by users, for the lack of full capacity to conclude legal acts, and, in general, it is not liable for any information entered by the User that does not correspond to reality.
4. Insertion and extension of announcements
Publishing a real estate announcement on the Site is free of charge.
A User can place announcements only if they are registered. Abusive use, in particular by using multiple User accounts, gives the Company the right to delete listings and to terminate the user contract under exceptional circumstances.
Modifications made to the content of an announcement are free of charge and can be carried out as many times as needed. It is not permitted to modify the fields that uniquely define the announcement. These fields are highlighted by a specific icon indicating that the field is locked.
An announcement can be deleted at any time (if it has expired or was never activated) or stopped from being displayed by the User. If an announcement is deleted by the User, no refund of the amount already paid is granted. If an announcement is stopped, it will no longer be displayed on the Site. The announcement can only be started within the paid period and will be displayed on the Site until the expiration of the originally paid period.
5. Deletion of announcements, restriction, unilateral termination and other measures
The Company may take the following measures if there are sufficient indications that a User has violated the legal provisions, the rights of third parties, or these Terms and Conditions, or if the Company possesses any other legitimate interest:
- deletion of announcements or other contents inserted on the Site;
- delaying the publication of announcements or other contents inserted on the Site;
- issuing warnings to Users;
- limiting or restricting (temporarily or permanently) the use of the Site.
The Company may delete announcements if they violate this set of Terms and Conditions (in particular the provisions set out in Section 7), the rights of third parties through their content or manner of presentation, or any applicable legal provisions.
The Company may finally and permanently restrict a User's access to the Site if they have repeatedly violated these Terms and Conditions (for the use of the public section) or if they have done so under particularly serious circumstances, or if there are other important reasons.
When a User's access is restricted, they can no longer use the Site and can no longer register a new User account.
Users can unilaterally terminate the user contract at any time. For this purpose, a participant may request the deletion of the User account at any time.
The Company can unilaterally terminate the user contract at any time, with a 15-day unilateral termination notice. The right to restrict access remains unaffected.
6. Price changes / Changes or additions to the Terms and Conditions
The Company has the right to modify the Terms and Conditions for the use of the public section at any time, without disclosing the reasons. The new Terms and Conditions will be communicated to the User before inserting an announcement.
7. Requirements regarding the content and appearance of announcements
The User has the obligation to insert a real estate announcement only in the section provided for that type of property (apartments, houses/villas, plots of land; rentals or sales).
Users have the obligation to provide complete and correct information regarding the promoted property. It is forbidden to enter incorrect information or information that generates confusion in the announcements. Completing the price field is mandatory.
During the insertion process, the User must complete the mandatory fields, and to the extent that they know the additional information requested through the entry form, complete these fields as explicitly as possible.
Advertising for more than one property per announcement is not permitted.
Successive announcements with the same content (duplicate announcements) are not allowed.
Announcements can be illustrated with photographs. The User undertakes to insert into the databases of the Site only those photographs that they are authorized to use without restrictions and which are not encumbered by third-party rights - particularly by third-party intellectual property rights. In this case, the user understands and accepts that the entire legal responsibility towards third parties belongs to them. The photographs used must not mislead and must reflect the current state of the property offered in the announcement. The insertion of images can represent a determining factor in the sale/rental process. It is forbidden to use images that have no connection to the property. It is forbidden to use images showing signs (watermark, logo, name, or others) of other competing real estate websites. (This does not include the websites of real estate agencies that use the Company's services); It is forbidden to enter an image multiple times (duplicate images).
The announcement cannot violate legal provisions or public morals through its wording, content, visual presentation, or intended purpose. It is forbidden to post discriminatory announcements on the criteria of race, nationality, language, religion, sex or sexual orientation, ethnicity, social category, beliefs, age, disabilities, chronic non-contagious diseases, HIV infection, belonging to a disadvantaged category, or any other comparable situations.
In general, it is not permitted to include links to external web pages or to other external sources of information within an announcement.
In addition, it is not permitted to include so-called premium rate phone numbers (value-added services) in announcements, which, when called, result in higher telephone charges for the callers.
Announcements with illegal, immoral content, or content unrelated to the website's theme are not allowed.
Obscene words or any announcements that could harm the interests or image of an individual or legal entity are not allowed.
It is forbidden to use the email addresses from the pages of this website for sending SPAM.
Abuse of any kind regarding the offered service is forbidden.
Announcements that contravene the above will not be published or will be deleted from the database accessible to other Users.
Since the Company does not have the technical capability to verify each announcement prior to publication, it reserves the right to restrict announcements that do not comply with the limits provided for the use of the website when it notices or is informed of the violation.
8. Responsibility for the content of announcements
The User is solely responsible for the content of the announcements. The Company does not check the announcements for correctness or completeness. The Company does not guarantee the correctness or completeness of the announcements.
The Company excludes any warranty and liability for the conformity of the announcements with legal provisions.
The Company specifically excludes any warranty or liability granted to Users deriving from the fact that the sale-purchase contracts negotiated or concluded on the basis of the announcements published on the Site may not be valid under the applicable law, or may result in legal or economic disadvantages for one or both parties to the sale-purchase contract.
9. Disclaimer clause
The User releases the Company from any claims of third parties against the Site due to the violation of the rights of these third parties by the User's announcement or by any other use of the Site by the user. Through this, the user also assumes the obligation of bearing the necessary expenses for defending the Company's rights, including any judicial and legal fees. This rule does not apply if and to the extent that the user is not responsible for the violation of rights.
10. Database updates, deletion of announcements
In order to make property searching as interesting and successful as possible, the Company makes every effort to update its databases. Therefore, Users undertake to delete announcements as soon as the offered property has been sold/rented, or if it is no longer available for other reasons.
11. Property searching and system integrity
Users can search for properties exclusively through the search engines provided by the Site. Announcement lists are sorted by default according to commercial criteria (Top Listing), but the user can change the display order of the announcements according to their own interest. The announcements displayed in the results list can be filtered by numerous filtering criteria such as area, price, number of rooms, surface area, etc.
It is not permitted to search for properties by bypassing the usual search engines, particularly by using search programs to access the Site's databases.
The User cannot take any measure that may result in overloading the infrastructure of the Site or which other Users cannot reasonably be expected to tolerate. Users are not permitted to block, overwrite, or modify the content generated by the Site or to create a disruption in any other way.
12. Warranty
In cases of force majeure, the Company will be released from its obligation of execution. All unforeseen events, as well as those events for whose effects related to the execution of the contract neither party is responsible, will be considered force majeure. Such events will include in particular legal measures in strike situations, also when they occur within third-party companies, official measures taken by authorities, the failure of communication networks and portals of other providers, disruptions relating to network operators and other failures, also in the event that such events occur at the level of subcontractors, sub-suppliers and their subcontractors, or operators of sub-nodal data processors. Users cannot have any claim to any compensation for failures for which the Company is not responsible.
13. Limitation of liability
Except for the breach of essential contractual obligations, the Company can be liable for damages to merchants only if and to the extent that the Company acted with intent or gross negligence. In the event of a breach of essential contractual obligations, the Company will be liable for any culpable conduct of its legal representatives, executive directors, or other persons employed by the Company to fulfill its obligations.
Towards consumers, the Company will be held liable only for actions committed with intent or gross negligence. However, in the event of a breach of essential contractual obligations or in the case where the Company is responsible for the impossibility of executing contractual obligations, the Company will be liable for any culpable conduct of its legal representatives, executive directors, or other persons employed by the Company to fulfill its obligations.
Except for the intentional conduct or gross negligence of its legal representatives, executive directors, or other persons employed by the Company in the execution of its obligations, the Company's liability will be quantitatively limited to typical damages foreseeable at the time of concluding the contract.
Liability for the compensation of an indirect damage, in particular for lost profit, will be granted only in the case of intentional conduct or gross negligence of its legal representatives, executive directors, or other persons employed by the Company to execute its obligations, and only on the basis of a final court judgment.
The above exclusions and limitations of liability towards merchants or consumers will not be applicable either in the case of specific warranties granted by the Company, nor in the case of damages resulting from injury to life or health, or the violation of mandatory legal provisions.
14. Copyright and usage rights
All data, information, company logos, texts, programs, and images of announcements inserted on the Site will be subject to the limitations of copyright laws. The User will use only those data, information, company logos, texts, programs, and images that they are authorized to use without restrictions and which are not encumbered by third-party rights - particularly by third-party intellectual property rights. Modification, subsequent processing, and use by third parties in any type of media are not permitted. The rights of Users remain unaffected by this. They can continue to freely dispose of their own data and information.
15. Applicable law and jurisdiction
The rights and obligations of the parties imposed by this agreement, as well as all legal effects produced by this set of Terms and Conditions, will be interpreted and governed by the legislation applicable in Moldova. Any dispute having this agreement as its object will be brought for resolution before the local courts.