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Hospitalityseeker.com™ is a marketplace platform (hereinafter “the Portal”) based on internet technology. Hospitalityseeker.com™ is managed by Hotel Seeker S.r.l., which has a sole stakeholder and whose registered offices are at Via Crocefisso 5, 20122 Milan, Italy, Milan Company Register N° 08090640965, Economic and Administrative Index (R.E.A.) N° 2002329, fully paid-up capital €10,000.00, tax and VAT number 08090640965 (hereinafter referred to as “the Operator”).


The Portal offers its users the possibility to publish notices, information and advertisements about sale and purchase and investment opportunities in real estate property and businesses, specifically in the tourist-hotel, hospitality and catering sectors, and to promote services and products for professional users at the General Terms and Conditions of Use herein.


Whereas


A.    In order to access the Functions provided on the Portal, Users must open an account on the Portal.


B.    By registering on the User Registration field of the Portal, Users represent they have read and accept these General Terms and Conditions of Use, including the obligations and commitments pertaining to privacy and data protection pursuant to Italian Legislative Decree (Decreto Legislativo) N° 196 dated 30 June 2003, so-called data protection law (Codice in materia di protezione dei dati personali) and, as such, that they will fully comply with and meet the obligations herein. If users do not register on the Portal they will not be able to use the functions provided on the Portal (hereinafter the “Functions”, see articles 1.2.5 below.


C.    When registering, Users must insert information about the following:


1.    Real estate property and hotel businesses, hospitality property, tourist and catering property;
2.    Goods and services supplier.


The information provided under points 1) and 2) above is to advertise, promote and market real estate property, hotels, goods and services.


D.    The parties hereto acknowledge that the Portal is merely an internet tool, that is it is not and shall not be a party to, and thus it is not involved in any way in, any agreements, of whatever nature, entered into by users of the Portal, specifically pertaining to the sale of real estate property and businesses or the sale of goods or services between users of the Portal.


E.    The parties acknowledge that the Portal does not act – whether on its own account or vicariously – as an intermediary, as defined by Italian law N° 253 dated 21 March 1958, law N° 39 dated 3 February 1989 and law N° 57 dated 5 March 2001 as currently in force.


F.    The Operator may block, suspend and/or cancel any account, change the functions on the Portal and amend these General Terms and Conditions of Use and its privacy policy; in the event large changes are made to the General Terms and Conditions of Use and the privacy policy the Operator will make all such changes visible on the Portal, encourage users to read them and allow them to rescind the contract with it if they do not want to accept such changes by asking for the account to be cancelled. Failure to send such request will, to all effects, be deemed acceptance of the changes to these General Terms and Conditions of Use (see Art. 2.2 herein).


G.    The Operator is the only owner/proprietor of the intellectual property, the registered trademarks, the Portal domain names and the know-how deriving, whether directly or indirectly, from the foregoing both currently and in the future.

 


The Parties Hereto Agree As Follows


1.    General aspects and definitions


1.1.    The recitals are an integral and essential part of these General Terms and Conditions of Use.


1.2.    The terms and expressions herein shall have the following meaning:


1.2.1.     Account: the User authentication system. An Account is necessary for Users to be able to access the Functions; each User must open an Account by registering on the Portal. Each account is made up of a User ID and a Password.


1.2.1.1.    Accounts may differ and at present they can be classified under ten (10) categories:

Sellers; Buyers; Lessors; Managers; Investors; Advisors; Financing; Contract; Developers; Agents/Brokers.

1.2.1.2.    When registering, Users can choose the kind of Account depending on their needs and the profile they want within the marketplace.


1.2.1.3.    An account must be managed by the User only and cannot be transferred to/used by anyone else.


1.2.1.4.    The Operator may change, add to and/or cancel the kinds of existing Accounts and even put them under categories; in any case, said changes will be made without any changes to the Functions of already existing Accounts.


1.2.1.5.    It is strictly forbidden for anyone under eighteen years of age (18) to register and use an Account.


1.2.2.    Username and Password: the alphanumeric code created by a User to gain access to the Portal and to use its Functions.


1.2.3.     Registration: the procedure, free of charge, by which Users:


1.2.3.1.    Select the most suitable Registration category from those available on the Portal;


1.2.3.2.    Provide and insert their personal data so that an Account can be created;


1.2.3.3.    Insert alphanumeric codes to give them access to the Portal;


1.2.3.4.    Confirm the data supplied by following the instructions the Portal will send them by e-mail, namely an e-mail confirming that they have supplied the Data and, at the same time,  that they have accepted these General Terms and Conditions of Use and the Privacy Policy.


1.2.4.     Data: herein the term data shall mean:


1.2.4.1.    Name and last name of a person, date and place of birth, home address, tax number; e-mail address; telephone and fax number(s).


1.2.4.2.    Name of the legal entity; registered offices; tax number; VAT number; e-mail address; telephone and Telefax number(s).


1.2.4.3.    Any other information supplied by Users, such as regarding real estate property and company management.


1.2.5.     Functions: all the tools and functions as a whole provided by the Portal, using web and mobile web technology and interfaces, that Users will be allowed to use, as an example only and not exhaustive thereto:


1.2.5.1.    Publication of Content;


1.2.5.2.    One way and two way communication between Users;


1.2.5.3.    Sending and receiving data between Users;


1.2.5.4.    Sending and receiving data between Users and the Operator;


1.2.5.5.    Ability of Users to see Content on the Portal.


1.2.6.    Content: the information, images, sounds, videos, messages, digital notices that Users may post on the Portal.


1.2.7.    Subscriptions or Memberships: the non-refundable fee Users have to pay in order to be able to access the services supplied on the Portal and to use the Functions. Such fee must be paid by bank transfer or by some form of online payment using a bank or non-bank payment system.



2.    Effectiveness and duration of these General Terms and Conditions of Use


2.1.    These General Terms and Conditions of Use shall come into force when a User registers on the Portal, thereby dividing the effectiveness of this agreement between the User and the Operator.


2.2.    Users may rescind the agreement governed by these General Terms and Conditions of Use at any time by simply asking the Operator to cancel their Account. Cancellation will take effect immediately, except for those ongoing Accounts governed by articles 3, 4, 6, 9, 10, 11, 12 and 13 herein.


2.3.    The services provided by the Portal may only be used by Users that have Registered on the Portal.


2.4.    Upon registering, Users:


2.4.1.    Warrant that the personal and legal data provided are true and correct and that they will be fully liable under current laws, with particular reference to art. 76 of Presidential Decree (D.P.R.) N° 445 dated 20 December 2000 as currently in force.


2.4.2.    In particular, upon registering, Users represent that they are at least eighteen years old.


2.5.    These General Terms and Conditions of Use are indefinite. Users may rescind the agreement by asking the Operator to cancel their Account, without prejudice to the Users liabilities during the time the agreement is in force.


2.6.    The Data on the Account are personal and shall not be assigned to anyone else. Users shall be responsible for keeping the information about their Account, for any accidental loss thereof and for any improper use by anyone no matter how such persons come into contact with Users’ personal data.


2.7.    The Operator shall not be bound in any way to check and ensure the personal data provided by a User are true and correct; the Operator may, however, check – if he deems it necessary and at his unquestionable decision – that the personal data provided by a User and the information posted on the Account are true and correct in order to ensure that the ownership of the real estate property published on the Portal is true and correct.


2.8.    No individual or entity may open more than one Account.


2.9.    If a User is registered within a specific category, pursuant to article 1.2.1.1) and wants to register with another category among those available, said User must inform the Operator of such need and the Operator will proceed to cancel the original Account to enable the User to register under the new category.


2.10.    All Users shall be responsible for how their Account is used and shall inform the Operator of any unauthorised use of their Account by anyone other than themselves.


2.11.    The Operator shall not in any way be held liable for any use of Users’ Data by any unauthorised persons.


2.12.    If the Operator discovers any information or actions that could compromise the true and correct nature of a User’s personal data the Operator may cancel the Account without giving the User notice thereof.



3.    Use of the Account


3.1.    When using their Account, Users must fully comply with the way the Operator has designed the Functions to be used;


3.2.    Users shall amend their Accounts in order to guarantee the Data provided are true, correct and complete;


3.3.    Users may decide not to use the Functions provided on the Portal by asking the Operator to cancel their Account;


3.4.    If Users do not use their Account or do not log onto the Portal for more than 180 days the Operator shall have the right to cancel the Account;


3.5.    Users shall not use crawler, bot, spider or any other automatic system or any other automatic tool designed to collect manual procedures in order to monitor or copy the web pages about the Functions, the Data and/or Content posted on the Portal;


3.6.    Users shall not change, duplicate, copy, adapt or in any way use the Functions of the Portal or the content thereof for commercial purposes without the Operator’s express permission;


3.7.    Users shall not do anything to damage, block, slow down and/or make the Operator’s IT system heavier, including the Portal host servers or the Portal IT access network;


3.8.    Users shall not do anything whether directly or indirectly aimed at hacking, phishing, cloning defacing, spamming, code injection, reverse engineering or harvesting the Portal or the Accounts.Anyone caught doing any of the foregoing will be reported to the competent authorities and the communication and postal police and will be sued in pertinent criminal, civil and administrative courts.



4.    Advertising of sale and purchase or lease opportunities for real estate property and for businesses


4.1.    Users that want to place an advertisement on the Portal offering one or more sale and purchase or lease opportunities for real estate property and/or for businesses must – having first opened an Account by registering on the Portal – take out either a Subscription or a Membership. The Subscription or Membership gives Users the right to use the services offered on the Portal at the terms and conditions set forth in the description of each Subscription or Membership. As an example only and not exhaustive thereto, the length of Subscriptions or Memberships, given in days, varies and a maximum number of sale and purchase opportunities can be advertised on the Portal, with specific advertising characteristics (e.g. sale and purchase opportunities “highlighted”, or “view priority” enabled for sale and purchase opportunities among the opportunities available).


4.2.    As an example only and not exhaustive thereto, Users that want to advertise one or more sale and purchase or lease opportunities on the Portal must state specifically that they are the true owner of the asset on sale and, in any case, that they have been duly authorised by the person(s), entity(ies) or owner(s) of the asset(s) on sale having received a non-gratuitous mandate, a gratuitous mandate, a representational mandate, a sale and purchase mandate or a written or verbal appointment thereto.


4.3.    Users that want to use the sale and purchase or lease opportunity advertisement service must first decide which Subscription or Membership they want, then fill in the specific online form. By taking out a Subscription Users agree to these General Terms and Conditions of Use.


4.4.    All Subscriptions and Memberships must be paid for. Payment may be made either by bank transfer or by using the online payment systems Paypal Inc. and Banca Sella S.p.A., both of which the Portal provides.


4.5.    Users will not be able to post advertisements regarding sale and purchase or lease opportunities until the Operator has received due payment for the service. The Operator shall not be held liable for any delay or malfunction that is not directly caused by it, such as late payment owing to bank and non-bank payment systems.


4.6.    Insertion of sale and purchase or lease opportunities requires Users to fill in an online form with both mandatory and non-mandatory fields. Users may insert some audio descriptive items to support the advertising and even attach files as long as the content of the foregoing is not forbidden, offensive, does not comply with due rules and laws or is even morally offensive.


4.7.    The Operator will check all advertising material to ensure it complies with the principles of art. 3.6 herein and only then proceed to post the sale and purchase or lease opportunity on the Portal. The Operator has the right to decide not to publish a sale and purchase opportunity and to ask Users and obtain from them changes to the information contained in the descriptive part of the advertisement so that the Operator can proceed to publish the advertisement thereafter.


4.8.    As regards descriptive material about a sale and purchase or lease opportunity, User can insert a set number of images of the property and/or business to be sold. Users shall not insert obscene images or images that are morally unsuitable, harmful to the reputation of the Operator or other Users or not relevant to the sale and purchase or lease opportunity. In any case, all advertising material will be subject to the Operator’s unquestionable approval.


4.9.    By way of inserting images, text and information in the various digital forms the User represents that such material is not protected by any copyright and that the User possesses all the legal rights to use such material. Likewise, the User shall hold the Operator harmless against consequences that could arise out of or in connection with any improper and/or non-authorised use of material that is protected by copyright, as an example only and not exhaustive thereto, claims by the owner of the copyright on the material published on the portal.


4.10.    When the Operator has published a sale and purchase opportunity the User may ask the Operator to temporarily black-out the advertisement on the Portal, thereby disabling it; it is understood, however, that the publication period shall not be affected and shall continue to run pursuant to the duration of the Subscription taken out and the User shall not seek an extension to the duration of said Subscription.


4.11.    Users may ask the Operator to remove their advertisement from the Portal and replace it with another one, which shall in any case be subject to the Operator’s approval before it is published on the Portal.


4.12.    Without prejudice to the foregoing, the Operator shall not be liable for any damage caused, whether directly or indirectly, under a contract and/or not, to assets or not, by Users to other Users and/or third parties pertaining to the content of the advertising material.



5.    Free assessment of real estate property and businesses


5.1.    The Portal offers a professional service for the assessment of real estate property and of businesses, specifically for hotel buildings, hospitality properties as well as businesses that are managed in the foregoing kinds of property.


5.2.    The service allows Users to insert information about their hospitality property, the size of the hotel or other hospitality property, how the hotel or hospitality property is managed and how profitable the hotel or hospitality property is.


5.3.    Upon receiving such information the Operator will proceed to estimate the probable market price of the property and/or hospitality business.


5.4.    Having terminated the assessment the Operator will inform the User of the result of the assessment by e-mail.


5.5.    With respect to the foregoing service Users acknowledge and represent that:


5.5.1.    They have read and accept these General Terms and Conditions of Use;


5.5.2.    They shall use the assessment service only for their personal purposes and not for commercial ends;


5.5.3.    They have read and accept the description of the service, the goals of the service, the restrictions on its application and usage as set forth in the description of service;


5.5.4.    They shall hold the Operator harmless for any consequences whether current on in the future that may arise out of or in connection with using such assessment whether for personal or for professional ends.


5.5.5.    They shall hold the Operator totally harmless for any consequences, claims for damages or any kind of damage arising out of or in connection with the knowledge, use, dissemination or disclosure to third parties of such assessment and to immediately inform the Operator of anything or any circumstances that could in any way be damaging to the Operator as a consequence of the knowledge, use, dissemination or disclosure to third parties of such assessment.



6.    Customer Relationship Management function (so-called CRM)


6.1.    The Portal is equipped with a Customer Relationship Management function (hereinafter CRM) that allows registered Users with a Subscription to contact and be contacted by other Users of the Portal.


6.2.    By accepting these General Terms and Conditions of Use, Users acknowledge and specifically agree to the following:


6.2.1.     Contacts between Users shall only be for activities that do not conflict with the subject matter of these General Terms and Conditions of Use and, in any case, do not breach any current rules, regulations or laws;


6.2.2.     The Operator is not in any way aware of any communication between Users, the nature or reason for such communication and that it is not in any way party to any agreements, contacts, whether written or verbal, or services of any nature, whether against payment or otherwise, between Users following any contacts between said Users as a consequence of contacts made using the Portal;


6.2.3.     The Operator shall not be held liable for any reason whatsoever for any sort of agreement between Users for which the subject matter is real estate property, businesses or services advertised on the Portal since the role of the Operator is merely to act as a tool;


6.2.4.     Users shall specifically hold the Operator harmless against any consequences that could arise out of or in connection with any agreements or contracts entered into or signed between Users and hereby acknowledge that the Operator is not part to any kind of agreement or contract whatsoever;


6.2.5.     Users agree hereto, and thus do not oppose, the fact that their personal data and that of other Users will be visible to other Users of the Portal so that they can be contacted by said other Users by way of the Portal;


6.2.6.    Furthermore, Users acknowledge that the Operator may make their personal data visible to other Users of the Portal so that said other Users can contact them by way of the Portal;


6.2.7.     Any use of personal data provided by Users of the Portal shall be done at the complete responsibility of the Users of the data and the Operator shall be held harmless for any use of Users’ personal data that does not comply with the laws pursuant to point B herein (Legislative Decree N° 196 dated 30 June 2003, so-called data protection law (Codice in materia di protezione dei dati personali);


6.2.8.     To such aim, each User hereby acknowledges that they shall not hold the  Operator liable for any reason whatsoever for any kind of damage whether direct and/or indirect, to assets and/or non-assets that may be deemed caused by access, use and enjoyment of the Functions pursuant to Art. 6 and thereafter;


6.2.9.     Users shall not at any time contact other Users by any other means other than by way of the Portal;


6.2.10.    Users are specifically forbidden from using the contacts made by way of the Portal for any ends other than those herein and that do not comply with these General Terms and Conditions of Use;


6.2.11.    Without prejudice to the foregoing, the Operator shall not be held liable for any damage, whether direct or indirect, contractual and/or non-contractual, to assets or non-assets, caused by any User to other Users and/or third parties pertaining to any contacts between said Users.



7.    Professional service: “Ask the Experts”


7.1.    The Portal offers a professional service for information and requests for in-depth analysis mainly about specific issues related to investments in hotels and in hospitality and tourist properties.


7.2.    The service allows Users to ask the Operator specific questions about such investments.


7.3.    Upon receiving such enquiries the Operator shall proceed to prepare an answer, which it will send to the enquirer by e-mail.


7.4.    With respect to this service Users acknowledge and represent:


7.4.1.    They have read and accept these General Terms and conditions of Use;


7.4.2.    They have read and accept the description of the service, the goals of the service, the restrictions on its application and usage, as set forth in the description of the service;


7.4.3.    They shall hold the Operator harmless for any consequences whether current on in the future that may arise out of or in connection with using such information and in-depth analysis whether for personal or for professional ends.


7.4.4.    They shall hold the Operator totally harmless for any consequences, claims for damages or any kind of damage arising out of or in connection with the knowledge, use, dissemination or disclosure to third parties of such information or in-depth analysis and to immediately inform the Operator of anything or any circumstances that could in any way be damaging to the Operator as a consequence of said knowledge, use, dissemination or disclosure to third parties of such information or in-depth analysis.



8.    Professional services provided by the Operator against a fee


8.1.    The Operator provides the professional service set forth on the Portal, as an example only and not exhaustive thereto, Feasibility Studies on Hotels, Assessment of a Hotel’s value, Market Research, Support services to Select Hotel Operators and Hotel Managers, Support services to Select Hotel Franchises, Architecture and Hotel Design, Support in Negotiating Lease Contracts and Hotel Management Contracts.


8.2.    All the contracts governing the professional services the Operator offers its Users and Clients will be drawn up directly and exclusively between the Operator and those Users and Clients that apply for such services.


8.3.    Upon receiving a written request for such services from Users and Clients the Operator will inform them how the services will be provided, the terms and conditions thereof, the timeframe and the cost of such services by way of a specific written contact, without prejudice to the effectiveness to these General and Terms and conditions of Use.

 


9.    Agents


9.1.    Agents, namely all those professional operators whose activities are governed by art. 1742 and following of the Italian Civil Code, may also use the Functions.


9.2.    This category of professional can Register on the Portal in exactly the same was as any other professional operator.


9.3.    Agents can choose the Registration profile that best fits them based on their objective for using the Portal.


9.4.    Before registering on the Portal, Agents must be registered with their local Chamber of Commerce Association of Business Brokers, as provided for by Law N° 39 dated 1989, as added to and amended thereafter.


9.5.    In any case the terms and conditions set forth in arts. 2, 3 and 5 of these General Terms and Conditions of Use shall be valid for this category of professional operator.

 



10.    Brokers


10.1.    Brokers, namely all those professional operators whose activities are governed by Art. 1754 and following of the Italian Civil Code, may also use the Functions.


10.2.    This category of professional can Register on the Portal in exactly the same was as any other professional operator.


10.3.    Brokers can choose the Registration profile that best fits them based on their objective for using the Portal.


10.4.    Before registering on the Portal, Brokers must be registered with their local Chamber of Commerce Association of Business Brokers, as provided for by Law N° 39 dated 1989, as added to and amended thereafter. With specific reference to European Union Directive 2006/123/CE and, thus, the consequent abolition of the role pursuant to art. 2 of Law N° 39 dated 3 February 1989, as currently applicable, before registering on the Portal a Broker must be registered on the specifically created special section of the Company Register for Real Estate Broker or Economic and Administrative Index (R.E.A.) for individuals.


10.5.    Without prejudice to the terms and conditions of art. 3 herein, before a Broker can use the service to advertise real estate sale and purchase opportunities on the Portal it must first have due right to advertise such real estate and business sale and purchase opportunities.


10.6.    The User specifically represents that it is qualified and licensed to work as a real estate broker and specifically undertakes to inform the Operator of anything or any events that may cause it to lose its qualification or have it suspended and to stop using the Functions of the Portal.


10.7.    Brokers’ obligations:


10.7.1.     Real estate brokers that have registered on the Portal must:


10.7.1.1.    Inform the Operator of any change to their legal qualification or right to practice as a real estate broker;


10.7.1.2.    Represent that all the data, information, documents and anything else they have posted on the portal is true;


10.7.1.3.    Ensure that the alphanumeric Username and Password required for Registration and authentication on the Portal will be kept safe, used correctly and not divulged to third parties and, as such, shall accept liable for any non-authorised access to the Portal, any operations that are not permitted and in any case that do not comply with these General Terms and Conditions of Use;


10.7.1.4.    Use the services provided by the Operator based on the “Agent” User status in compliance with these General Terms and Conditions of Use;


10.7.1.5.    In any case, they shall hold the Operator harmless for any damage, whether tangible and/or intangible, to assets and/or non-assets, that may arise out of or in connection with such Brokers’ misuse of the Portal, namely any damage that may be caused by Brokers’ being in contact with other Users and/or third parties;


10.7.2.    In any case the terms and conditions set forth in arts. 2, 3 and 5 of these General Terms and Conditions of Use shall be valid for this category of professional.



11.    Subscription or Membership


11.1.    The Portal allows Users to access some Functions upon taking out a paid Subscription, namely that the Operator will only provide a User with such services and Functions if said User has paid the due fee for that Subscription.


11.2.    Subscriptions or Memberships differ depending on the kind of Functions, the services provided, the duration of the Subscription and the price.


11.3.    Users may pay for a Subscription or Membership by bank transfer to be sent to Hotel Seeker S.r.l., Via Crocefisso 5, 20122 Milano, Italy, duly registered with the Milan Company Register 08090640965, Economic and Administrative Index (R.E.A.) N° 2002329, VAT N° 08090640965, IBAN IT95N0326801603052447142710, held with Banca Sella S.p.A., Milano or by online payment using Paypal Inc. and Banca Sella S.p.A., as provided on the Portal.


11.4.    Subscriptions or Memberships last for 180, 360 days. Subscriptions or Memberships will start on the day the Operator receives confirmation from Users that payment has been made; certain delays in starting the Subscription may be attributed to the Operator for reasons that are not directly its fault, as an example only and not exhaustive thereto, late notification of payment arrival by the online payment circuit.


11.5.    The Subscription prices given on the Portal are in euros (€) and, unless otherwise specified, do not include VAT. Subscription prices may be revised and amended from time to time; if so, such revisions and changes will be posted on the Portal.


11.6.    Subscriptions or Memberships allow subscribers to use the services and Functions associated with the Account they have opened on the Portal. How much the services and Functions are used is at the discretion of Users, namely there is no requirement for Users to actually use the Portal, the services provided and the enabled Functions while their Subscription is running. Access to the services and the Functions on the Portal will end when a User’s Subscription expires.


11.7.    Subscriptions or Memberships may be renewed using the same online subscription procedure, or by sending the Operator a written application. The Subscription renewal procedure does not require Users to insert information that they have already inserted, thus Users merely need to ask the Operator to renew their subscription.


11.8.    Subscriptions or Memberships may be Upgraded, namely subscribers may decide to change their Subscription category to a higher one with different services and functions. The Upgrade does not need Users to insert data that was previously inserted, thus it is only a request by Users to have their Subscriptions Upgraded and the Operator to do so.


11.9.    Users’ requests to take out a Subscription or Membership are conditional on their having Registered on the Portal, which the Operator may, at its unquestionable judgment, reject for any reason and without any need to explain why. In such event, Users have the right to reimbursement of the entire sum paid for the Subscription.


11.10.    The extent to which the service and Functions provided under a Subscription are actually used will not affect the starting date and the expiry date of a Subscription for which a User has paid. Whether or not Users use their Subscription, the duration of the Subscription will not change and it shall continue to be counted in days pursuant to article 10.4.


11.11.    Users may send the Operator a written request to cancel their Subscription or Membership for any reason; the Operator shall not reimburse the subscription fee for such cancellation. Likewise, the Operator shall not reimburse the Subscription fee if Users rarely use or do not use the services and Functions provided on the Portal while their Subscription is running and for which said Users have paid.



12.    Assignment, use and management of Content


12.1.    The Portal hosts Content that is owned by both the Operator and the Users. The Portal is protected by current copyright laws and international agreements. The Content on the Portal is protected as a collective work or a collection of works pursuant to both domestic copyright laws and international copyright agreements.


12.2.    Users warrant that they will not copy, divulge or modify the Content on the Portal without the specific written agreement from the Operator. Users shall not do anything to dismantle, decompile or remove source codes or do anything to obtain the Portal’s source codes.


12.3.    Users warrant they will not reproduce, copy, sell, resell or capitalise on any Content on the Portal except their own Content.


12.4.    By placing Content on the Portal, Users give, thus in so doing representing they have the right thereto, to the Operator an indefinite, non-exclusive, irrevocable, free-of-charge, sub-licensable and transferable license, valid throughout the world, to use such Content as and how it wants (for example, the right to distribute it, make it public, transform it and make it accessible to the public).


12.5.    The Operator reserves the right to remove the Content from the Portal at its unquestionable judgment if it considers that any claims, actions or facts that these General Terms and Conditions of Use or the rights of third parties have been breached are grounded.


12.6.    The following Content is specifically forbidden:


12.6.1.    Illicit, harmful, threatening, abusive, bothersome, defamatory and/or slanderous, vulgar, obscene, detrimental to other people’s privacy, racist, xenophobic, classist or however reprehensible;


12.6.2.    Images, text or any other content that is aimed at exploiting sex or violence, including publication of pornographic or child pornographic images, prostitution or any other sexual invitation and links to adult websites;


12.6.3.    Content that is intended to promote or incite criminal activities including paedophilia, fraud, internet crime, drug trafficking, persecutory conduct, gambling, money laundering, theft and illegal trade, financial crime and usury;


12.6.4.    Content that is, at the Operator’s unquestionable judgment, potentially harmful, in whatever form, to the Operator’s reputation and/or to any third party;


12.6.5.    Any code, virus, malware, trojan, file or program that contain codes specifically written to block, destroy or limit the functioning of the Operator’s software, hardware, IT systems or machinery;


12.7.    By posting their Content on the Portal, Users specifically represent they are not breaching the rights of any third party, including, for example, intellectual property rights, copyright on intellectual property and trademarks.


12.8.    It is the responsibility of Users to prove that their Content is not protected by any intellectual and/or industrial property laws, with specific reference to copyright.


12.9.    The Operator reserves the right to remove from the Portal – at its unquestionable judgment – any Content that could in any way breach these General Terms and Conditions of Use and the rights of third parties.


12.10.    Without prejudice to the foregoing, the Operator shall not be held liable for any damage caused, whether directly or indirectly, under a contract and/or not, whether to assets or not, by Users to other Users and/or third parties pertaining to the Content.


12.11.    The Operator shall not be held liable for any divulgation, copying, changing, revising or tampering of sensitive, private or confidential Content regarding Users.

 

 13.    DEM – Direct Email Marketing Campaigns Service

 

13.1   The Operator supplies a paid service, named Direct Email Marketing Campaign, (hereinafter “DEM Campaign”) consisitng of the use of a tool for massive email sending, towards email databases composed by owned email adresses, appropriately selected, enclosing sellers, buyers, investors, entrapreneurs, firms, landlords, hotel companies, professional third parties as real estate brokers, developers, freelance professionals, financing subjects, hotel contract companies.

With reference to this paid service, the Registred User ackwnoledges and agrees to the following:

 

13.1    The ownership of contacts database is solely and exclusively entitled to the Operator, being not makable over – entirely nor in part - and not identifyable in its own single identity.

 

13.2   The data trasmssion and sending of communications towards the above referred database is conducted solely and exclusively by the Operator, who has the right to define means, timing and costs associated to the data trasmission and sending.

 

13.3     The contents of these communications might be agreed periodically with Clients who intend to buy the above mentioned service. These contents might have information and promotional goals, and not exclusively, may refer to sales and purchases, leases and investments of hotel, hospitality and tourist assets and businesses.

 

13.4     The Operator has the right to produce statistical reports related to the data trasmission and sending of these communications, and whereas he might consider it suitable, to share these statistical information with Clients buying this service.

 

13.5      The Operator complies with the Italian Legislative Decree N° 196 dated 30 June 2003, so-called data protection law, Codice in materia di protezione dei Dati personali.

  

14.    Investment Memorandum Editing Service

 

14.1   The Operator supplies a paid service, named Investment Memorandum Editing Service, (hereinafter “Memorandum”) consisting of the drafting and editing of a professional document for financial communication including images, texts, informations and other contents, ragarding also owned and/or leased real estate properties by the User. The Memorandum is edited by using graphic software tools and drafted in a Adobe .pdf file format. The editing of this document, with aim of promoting and communicating towards potential buyers, managers, investors and professional third parties is subject to the sending of material owned by the User, who transfers associated rights of use to the specific aim of Memorandum editing. 

 

With reference to this paid service, the Registred User ackwnoledges and agrees to the following:

 

14.2   The ownership of the source file of this document edited in different formats from the Adobe .pdf’ format is solely attributed to the Operator, is not transferable and is regulated by the current copyright laws.

 

14.3   Production procedures of the Memorandum foresee the interaction between the Operator who requests to the User – through a specific format – the availability of some digital material, like images, real estate details, plans, and other data related to the contents of the Memorandum. Being unavailable and not supplied this requested material, it is not possible to edit the Memorandum, and the User cannot take any position against of it in any case, without having supplied the requested material.

 

14.4    The User has the right to choose the graphic format adoptable for the editing of the Memorandum among these ones made available by the Operator. Once the choice about the selected format has been communicated to the Operator, the Operator edits the Memorandum and make it available to the User in a draft version. The User has the right to ask for amendments by 3 (three) days, being these requests for amendments adressable to the Operator for a maximum 2 (two) times, who receives the requests and apply them to the edited document. The Operator has the right to oppose to the User’ requests, exceeding the requests admitted and/or facing unmotivated or unadressable requests. At the end of this process or subsequent the conclusion of the second interaction for changes, the Memorandum is considered final and not amendable.

 

14.5     The Operator makes available the Memorandum produced to the User by adding it in the Portal, from where it is possible to download the document in digital Adobe .pdf format. 

 

14.6    Once the Memorandum document has been downloaded in the agreed file format, the ownership of it – and all associated rights – is transferred to the User, who acquires full property rights of it.

 

 15.    Advertising Service in Specialised Media

 

15.1   The Operator supplies a paid service, named Advertising Service in Specialised Media, (hereinafter “Advertising”) consisting in the inclusion of the property offered for sale or lease by the User and already inserted in the Portal, into the advertising spaces bought by the Operator in the specialised national and international media, press or magazine.

 

With reference to this paid service, the Registred User ackwnoledges and agrees to the following:

 

15.2   The choice and the selection of the media (press, newspaper or magazine) is based exclusively on the Operator’ decision, who has the possibility to communicate it to the User who bought the Advertising service. In no cases the User can influence the selection of the media made by the Operator. The User has the possibility, shall the Operator indicates different media, to communicate his/her preference about the selected media, among these ones indicated by the Operator.

 

15.3    The inclusion of the property offered for sale or lease can be associated to images and texts edited within the advertising space bought by the Operator, who decides with full autonomy dimensions, size, format, colors and texts of the space dedicated to the subject property.

 

15.4   The Operator has the right to enclose one or more properties within the Advertising space bought, settling autonomously the number of properties to be enclosed in the Advertising space to be published.

 

15.5    The Operator has full autonomy in planning the purchase of Advertising spaces, the timing and dates of publishing of the bought spaces. The Operator, shall consider it appropriate, can communicate the timing and dates planned for publishing the Advertising in the selected media, the User being unable in any case to oppose to these selected dates.

 

15.6    The User has the option to include his/her own contact details in order to be contacted directly by the audience who read the Advertising space on the selected media. Should be the case, the User communicates in advance this will by specifying the contact details to be enclosed in the Advertising. In case of non-communication, the Operator has the right to enclose his own contact details and commits, should the Operator be contacted by the audience, to communicate these contacts to the User, by referring the third party' contact details, when available and disclosed.

 

  

16.    Limitation of Liability

  

16.1.    The Operator shall not in any way be held liable for damage, bias and/or burden whether directly or indirectly, arising out of or in connection with the use of the Portal and its Functions by Users.

 

16.2.    Though the Operator constantly endeavours to provide its services in the best way possible it does not represent in any way that the Portal and its Functions are faultless, that the hardware and software are fully compatible and that there are no bugs or such like.

 

16.3.    The Operator shall not in any way be held liable for any technical breakdowns and/or malfunctions on the telephone line and network, hosting services, IT hardware and software equipment, problems with internet access provided by the internet provider, software such as e-mail software, sound reproduction and digital video reproduction.

 

16.4.    In the event of a malfunction, or if the Portal Functions malfunction –  which either the Operator and/or Users detect – the Operator undertakes to take prompt action to get the service working correctly. However, the Operator does not represent that the Functions will never malfunction and cause delays, faults, errors, omission, interruptions, cancellations, glitches, destruction, theft, changes in the functioning and the ability for Users to communicate with one another.

 

16.5.    Each User shall hold the Operator, its administrators, employees and free-lance staff harmless against any claims, risk of having to pay damages, indemnity and/or any other liability including legal charges brought against them by other Users and/or third parties regarding the use of the Functions and the posting and publication of Content on the Portal.

 

 17.    Miscellaneous

 

17.1.    These General Terms and Conditions of Use constitute the only, and exclusive, agreement between the Operator and Users in relation to the use of the Portal and its functions.

 

17.2.    Any amendments to these General Terms and Conditions of Use must be put in writing.

 

17.3.    These General Terms and Conditions of Use shall continue to be in force, even after Users have cancelled their Account, for all those matters that generate obligations that shall remain in force even after they have lost their effect on third parties.

 

17.4.    All communication between the Parties hereto under these General Terms and Conditions of Use shall be made in writing, unless otherwise decided, and sent to:

 

Hotel Seeker S.r.l. with a sole stakeholder

Via Crocefisso 5

Postal Code 20122, Milan, Italy.

  

18.    Law and Venue

 

18.1.    Any disputes arising out of or in connection with these General Terms and Conditions of Use, its existence, validity, effectiveness, application, interpretation, execution, resolution and/or assignment shall be governed by Italian law and the decisions of the Milan courts of law.

 

18.2.    These General Terms and Conditions of Use are governed by and comply with Italian laws, rules and regulations.

 

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