Effective Date: 8 August 2023
1. Purpose, Scope, and General Information
These Terms and Conditions regulate access, use, browsing, and registration on Portolist.com and its sub-domains or mobile applications. The goal is to provide information about our services in a simple and easy-to-understand way. Portolist.com facilitates contact between property owners and potential buyers or renters but does not intervene in any transactions.
2. Access and Acceptance of the General Conditions
By accessing or using the Website, you accept these Terms and Conditions. If you use services requiring registration, you will become a registered user, implying acceptance of any specific conditions that may apply. We may modify these Terms at any time without prior notice.
3. Minors
The Services provided by Portolist are not intended for minors under the age of 18. By accessing or using our Website and Services, you state and warrant that you are 18 years old or over.
4. Terms of Use and Responsibility
Your use of the Website must comply with these Terms and applicable laws. You may browse the site freely and register for enhanced features. You must not post unlawful content, infringe on others’ rights, or misuse the site in any way. Violations may result in the termination of your access.
5. Posting Listings
To publish a property listing, you must register and ensure all information provided is truthful and accurate. You are responsible for keeping the information up-to-date. Listings must be confirmed periodically to remain active.
6. Indemnification
You agree to indemnify, defend, and hold harmless Cyber Networks LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, violation of these Terms, or any use of the information provided on this Website. This includes, but is not limited to, any claims made by third parties arising from your use of the information, data, or content provided by the Website.
7. Limitation of Liability
In no event shall Cyber Networks LLC be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this Website or the content provided, whether based on contract, tort, strict liability, or otherwise. This includes, but is not limited to, any loss of profits, data, or other intangible losses, even if the Company has been advised of the possibility of such damages.
8. Professional Advice Disclaimer
The content on Portolist.com is for informational purposes only and does not constitute legal, financial, tax, construction, or any other professional advice. Users should seek their own professional advice relevant to their individual circumstances before making any decisions based on the information provided on this Website. The Company disclaims any liability for any decisions made based on the content of the Website.
9. Listing Accuracy and User Conduct
Users listing properties on the Website must provide accurate information to the best of their knowledge, under penalty of perjury. Listings must not contain factual errors or duplicates. If any user is found to have provided false information, the Company reserves the right to close their account. Should the Company request additional or accurate information, users must provide it within 72 hours, or they may face account suspension or banning. To be clear, the company may at its sole discretion close any account it deems problematic or undesirable for the its purpose.
10. Payment Methods
You can contract some of our services, such as listing your properties, and pay directly by credit or debit card (Visa, MasterCard, American Express). Payments are subject to the controls and authorizations of the corresponding issuing entities. If payment is not authorized, the transaction will be automatically canceled. All payment data is encrypted and stored on a secure server certified with SSL protocol.
11. Contracting with Third Parties
You acknowledge and accept that any contractual or non-contractual relationship that you enter into with any advertiser, user, registered user, or third party through our Website or Services will be solely between you and the other party. The Company will not assume any liability for such relationships or any resulting damages. We advise caution and recommend contacting us if you suspect any unlawful activity. If a listing is live without your permission contact us at [email protected] and we will remove it as quickly as possible. If you know who may have put the listing up please provide us with details. Portolist prefers working with brokers who have exclusive relationships with clients rather than multiple listings for similar apartments.
12. Links and Hyperlinks for the Website
You must explicitly request and ensure you have the Company’s express written permission before deep linking or framing this Website or any of its contents. If you wish to do this, you need to include your full name, email address, telephone number, company name, the address of the website where the deep linking or framing will appear, and specific information on the deep linking or framing involved.
You must not link our Website to any other website containing inappropriate, defamatory, or unlawful information, or material that infringes on any third party’s rights. You may not set up any kind of framing that allows the Website to be viewed through an address other than that of the actual Website, which could create errors or confuse users.
13. Personal Data Protection
When you access the Website and/or use the Services, it is possible that we may process your personal data. You can get detailed information about how and why we process your personal data in our Privacy Policy and GDPR sections.
We also hereby inform you that we may use cookies when you browse the Website. You can get detailed information about our use of cookies in our GDPR & Cookie Policy.
14. Intellectual and Industrial Property
All materials on the site, including drawings, text, graphics, maps, photographs, images, audio, video, logos, trademarks, and software, are owned by the Company or licensed to it. You can use these materials for personal, non-commercial purposes only. You cannot use, copy, distribute, or alter these materials without written permission from the Company. By posting content on the Website, you grant the Company a worldwide license to use, reproduce, and distribute your content, even after it is removed from the site.
15. Rules for Posting Listings
By using the services for posting listings, you agree to the following:
- Provide accurate and relevant descriptions, especially about rooms, net/gross/livable area
- Do not post listings which are not yours.
- Do not post duplicate images, or images with watermarks, logos, or text.
- Ensure all multimedia content is relevant to the listing.
- Do not post irrelevant or inappropriate content.
- Limit area photographs.
- Follow specific rules on property types and contact details.
- Do not mislead users or manipulate listings to gain unfair advantages.
16. Duration and Term
Access to the Website and Services is, in principle, for an indefinite period of time. Both the User and the Company may terminate the relationship without prior notice at any time.
However, a different duration and the need for prior notice may be set forth in the Specific Conditions, in the contract signed by Professional Clients or in the applicable law. Any clause of these Terms that is or 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.
17. Applicable Law and Jurisdiction
These Terms and any disputes arising out of or related to the use of this Website shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding related to the use of this Website shall be brought exclusively in the courts located in Delaware.
18. Changes to Terms
The Company reserves the right to modify these Terms at any time without prior notice. Your continued use of the Website constitutes acceptance of the updated Terms.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
20. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to such use.
21. Contact Information
For any questions or concerns regarding these Terms, please contact us at [email protected].
By using Portolist.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.