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Medhead.com Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION

Medhead.com provides only an online advertising portal which allows the public and estate agents to publicise properties for sale or rent. The properties listed are not owned by Medhead.com. The sellers, or people acting on their behalf, have provided all the information displayed and they are responsible for providing  correct information. Medhead.com does not monitor or change the property details submitted and is not responsible for any errors or misleading property discriptions. Buyers contact owners or owners agents directly to find out more information, arrange viewings and negotiate any sale or rental.

Medhead.com Terms and Conditions govern your relationship with Medhead Web S.L. (Medhead, we or us), are made up of:

  • General Terms and Conditions governing use of the Medhead.com Internet Site
  • Service Terms and Conditions governing use of the Medhead.com Internet Site

Please read the Terms and Conditions carefully as they affect your rights and liabilities under Spanish law. If you do not agree to the Terms and Conditions, please do not register with or use the Medhead.com Internet Site.

Please note that to use some of the services provided on the Site, you may be required to register as an authorised user of the Site.

The Site is owned and operated by Medhead Web S.L. (company number B18798876); a company registered in Spain whose registered office is at 36, Marina Del Este, Almuñeca, Granada, Spain 18690.

If you have any queries, please contact Customer Services on 0034 958 618464 (10am to 2.30 Monday to Friday;  opening hours on Bank Holidays may vary) or  email  This email address is being protected from spam bots, you need Javascript enabled to view it

THE TERMS & CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Medhead.com General terms and conditions

"We" are Medhead Web S.L., company number B18798876.

These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".

 Definitions 

These Terms and Conditions of use will have the following meanings unless the context requires otherwise:

  • "Liability" means the Liability for damages, proceedings, actions, awards, expenses and any other losses and or liabilities
  • "Intellectual Property Rights" means all patents, trademarks (whether registered or not), logos, graphics, photographs, animations, videos and text appearing on the www.medhead.com web site.
  • "Site" means www.medhead.com (or other such URL that may be used from time to time to host the site)
  • “Company” means Medhead Web S.L., registered in Spain, trading as medhead.com
Use of medhead.com

1.    The Site is provided for your personal use subject to these General Terms and Conditions. By using the Site you agree to be bound by these General Terms and Conditions. If you do not agree to be bound by these Terms, you may not use this Site.

Amendments

2.    We may update the General Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new General Terms and Conditions you should not continue to use the medhead.com Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new General Terms and Conditions.

Registration

3.    To register with medhead.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal profile.

Password and security

4.    When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. It is your responsibility to log out of the Site in order to protect your information particularly if you are using a shared computer. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately and change your password immediately. If Medhead has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account in accordance with paragraph 17 below.

Affiliates and Referral Partners.

5.    Disclaimer- These terms and conditions shall apply to all affiliate partners (Affiliates).

6.    Affiliates shall be paid a commission, currently, 40% of the received medhead.com advertising ad space payment bearing the affiliate’s unique code.  The net amount payable will be this commission minus Sales tax, Bank Transfer transaction charges and shipping costs. Commission payment will not be paid unless, and until, the ad space payment has been received by us.  Commission payments will be made monthly following the achievement of a minimum commission value of 100€. A sixty day payment window will apply.  Both the commission rate and the minimum commission value may be changed from time to time.

7.    It is unlawful to represent your company as Medhead. No unsolicited bulk email shall be used to market medhead.com services or it’s advertised properties. Affiliates, Referral Partners or Agents are NOT employees of Medhead and are responsible for payment of their own local, country, or state taxes.  Medhead guarantees no specific income from this venture.

Limitation of liability

8.    Medhead shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any advertisment. Medhead will not negociate for or on customers behalf and shall not be liable for any outcome of transactions or negociations.

Excluded Services

9.    The services provided by the Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual property

10. The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Medhead Web.S.L. All content included on the web site, such as graphics, icons, logos, images, digital downloads, data compilations, and software is the property of Medhead.Web S.L. or suppliers of our software either purchased  or licensed to Medhead Web S.L..and is protected by international copyright law.

11. No licence is granted to you in these General Terms and Conditions to use any trade mark of Medhead or medhead.com with or without limitation.

Limitations

12. You may not use the Site for any of the following purposes:

  • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
  • gaining unauthorised access to other computer systems
  • interfering with any other person's use or enjoyment of the Site
  • breaching any laws concerning the use of public telecommunications networks
  • interfering or disrupting networks or web sites connected to the Site
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

13. Medhead reserves the right to refuse to post material on the Site or to remove material already posted on the Site.

Indemnity

14. You agree to indemnify and hold Medhead and its employees and agents harmless from and against all liabilities, losses, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

  • any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice
  • any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and..
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
Availability of the medhead.com Site

15. Although Medhead’s aim is to offer you the best service possible, Medhead makes no promise that the services at the Site will meet your requirements. Medhead cannot guarantee that the service will be fault free. If a technical fault occurs in the service you should report it to the Web Master by email at This email address is being protected from spam bots, you need Javascript enabled to view it and we will attempt to correct the fault as soon as we reasonably can.

16. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Medhead will attempt to restore the service as soon as it reasonably can.

Medhead’s right to suspend or cancel your registration

17. Medhead may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these General Terms and Conditions.

18. You can cancel this agreement at any time by informing us in writing. If you do so, you must cease using the Site. The suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities.

Medhead’s liability

19. The Site is provided by Medhead Web.S.L. without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

20. The Site provides content from other Internet sites or resources and while Medhead tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Medhead will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the medhead.com Site. If Medhead is informed of any inaccuracies in the material provided by Medhead on the Site we will attempt to correct the inaccuracies within a resonable time period.

21. In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the Site with any of your equipment, software or telecommunications links
  • technical problems including errors or interruptions of the Site
  • unsuitability, unreliability or inaccuracy of the Site
  • inadequacy of the Site to meet your requirements

22. To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the medhead.com Site.

Third Party Websites

23. As a benifit to Medhead customers, the Site includes links to other web sites or material which are beyond its control. Medhead is not responsible for content on the Internet or World Wide Web pages.

Advertising and Promotions

24. Part of the Site may contain advertising and promotional material. Advertisers and Promoters are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising or promotions.

Applicable Law

25. These General Terms and Conditions shall be governed by and construed in accordance with the laws of Spain and any disputes will be decided only by the Spanish courts.

International Use

26. If you choose to access this site from locations outside Spain, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

27. You may not assign, sub-license or otherwise transfer any of your rights under these General Terms and Conditions.

28. If any provision of these General Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these General Terms and Conditions, which shall remain in full force and effect.

29. If you breach these General Terms and Conditions and Medhead ignores this, Medhead will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the General Terms and Conditions.

30. Medhead shall not be responsible for any breach of these General Terms and Conditions caused by circumstances beyond its control.

31. A person who is not a party to these General Terms and Conditions shall have no right under the Contract.

Severance:

32. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

Medhead Property Market - Service Terms and Conditions

These Service Terms and Conditions are made up of three parts:

  • Part 1: terms and conditions applicable only to sellers, landlords and landlords agents
  • Part 2: terms and conditions applicable only to buyers and tenants
  • Part 3: terms and conditions in General, applicable to all users of the medhead.com Site.

Part 1: TERMS AND CONDITIONS ONLY FOR SELLERS AND RENTAL LANDLORDS AND LANDLORDS AGENTS

1.    The Site provides only an online advertising service: you pick the material for the advert, you may receive emails and telephone calls from potential buyers, you arrange the viewings, you negotiate the sale or rental.  Therefore, there is no guarantee that the property will sell or rent.

2.    The asking price for sale or rental is controled by you the advertiser, you may edit your asking price at any time, medhead shall not assist nor be responsible for any valuations.

3.    You are responsible for making sure that you have the full legal right to dispose of the whole or part of the property advertised.

4.    You are responsible for ensuring that you have all necessary permissions for any material submitted to the Site to describe the property (including the text and photographs).

5.    Potential buyers will rely on the property information in the advert. The property information you submit for an advert on the Site must be accurate and not misleading. All advertisments are translated into different languages. It is your responsibility to ensure the accuracy of the property information you submit and that the advert is suitable for your needs.

6.    Each advert is subject to an ad space fee. We will not display your advert until we receive payment of the correct fee from you.

7.    When you publish your property you give us permission to re-publish your advert, without further charge to you, via any media channel in any media format for any appropriate activities connected with Medhead Web S.L

8.    Payments made by Bank Transfer may delay the advertisment being displayed on the Site for a period until payment confirmation is received by us.

9.    Any communications between you and any potential buyer or tenant are direct andMedhead is not in any way involved in any property transaction that you may enter into with any potential buyer or tenant. The contact details which you provide to medhead.com must be correct and kept up to date at all times.

10. Potential buyers and tenants can enter into negotiations with you directly using the questions and anwers on-line tool. The tool is only a message centre between you and the potential buyer or tennant. Only after you have anwered a question shall the question and it’s return answer be published on the medhead.com site.

11. If you have more than one prospective buyer or tenant you alone must choose whether to proceed with the sale or rental of the property. Medhead shall not act, advise, nor be responsible for the total transaction. Once a successful sale or a long term rental has been achieved it is in your interest to remove the advertisment from the Site. Should offers received be withdrawn you may re-activate your advertisment for the time period left of your ad space. It is your responsibility to remember the Medhead reference number relating to your property and for its re- ativation.

Part 2: TERMS AND CONDITIONS ONLY FOR BUYERS AND LONG TERM TENANTS.

1.    It is your responsibility to check the property corresponds with the advert.

2.    We recommend you view the property and obtain advice from a licensed conveyancer/solicitor and a surveyor before committing to any purchase or lease.

3.    Any communications between you and any potential seller, landlord or landlord’s agent are direct and Medhead is not in any way involved in any transaction that you may enter into with any potential seller, landlord or landlord’s agent.

4.    You are responsible for attending viewings for the property which you arrange with the advertising seller or sellers agent.

5.    You may enter into negotiations, ask questions directly with the owner or agent using the Site’s Question & Answer tool.  The tool is only a message centre between you and the owner or landlord or landlord’s agent. Medhead will not keep historic archives of questions and answers and will not enter into or be liable for any disputes.

6.    The Site accepts listings that are submitted by online property sites and portals. You will know an advert has been submitted by an online property site or portal because it will display the property portal's logo. When you click on an advert submitted by an online property site or portal you will leave the Site and be re-directed to that site or portal. Once re-directed to the site or portal, Medhead has no responsibilities to you in relation to that site or portal and separate terms and conditions will apply.

Part 3: TERMS AND CONDITIONS IN GENERAL

1.    We may update the Service Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the medhead.com Site. The changes will apply to the use of the Site service after we have given notice. If you do not wish to accept the new Service Terms and Conditions you should not continue to use the Site  service. If you continue to use the Site service after the date on which the change comes into effect, your use of the Site service indicates your agreement to be bound by the new Service Terms and Conditions.

2.    If we reasonably believe that you may be in breach of these Service Terms and Conditions we can immediately suspend your use of the medhead.com Site.

3.    You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the medhead.com Site.

4.    The suspension or cancellation of your right to use the Site service shall not affect either party's rights or liabilities.

5.    You will compensate us for any claims against us or expenses incurred by us if you breach these Service Terms and Conditions or the General Terms and Conditions.

6.    If Medhead is in breach of these Service Terms and Conditions, we will only be responsible for any losses that you suffer as a direct result to the extent that they are a foreseeable consequence to both of us at the time you register with medhead .com. Our liability to you in connection with any single property listed will not exceed the total price paid or payable by you for advertising that property on medhead.com.

7.    You may not use any contact details displayed on the Site to undertake any illigal or immoral activity

8.    The medhead Site includes material which is beyond its control. Medhead is not responsible for material provided by third parties.

9.    You may not transfer any of your rights under these Service Terms and Conditions to any other person.

10. We may transfer our rights under these Service Terms and Conditions to another business where we reasonably believe your rights will not be affected.

11. If you breach these Service Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Service Terms and Conditions.

12. We shall not be responsible for any breach of these Service Terms and Conditions caused by circumstances beyond our  control.

13. Except as expressly set out in these Service Terms and Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

14. When ordering from the Site we accept orders for adverts only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Internet Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.

15. These Service Terms and Conditions are subject to Spanish law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in Spain.

 
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