Terms & Conditions

These Website Terms of Use (the "Terms") are the legally binding terms on which access to the website located at https://mimove.com and its subdomains (the "Website") is granted to users ("you", "your"). Access to the Website constitutes your acceptance of these Terms, which are in force from the date of your first access to the Website. If you do not accept these Terms, you must not use the Website.

Please read clause 2 and clause 4 with particular care. They explain that MiMove is an advertising platform rather than an estate agent, and what happens to the details you submit when you enquire about a property.

1. Who we are

The Website is operated by Mimove Franchise, S.L. ("MiMove", "we", "us", "our"), a company incorporated in Spain on 17 March 2016, with tax identification number CIF B87532180 and VAT number ESB87532180, and registered office at Calle Evaristo San Miguel 22, 28008 Madrid, Spain. Mimove Franchise, S.L. is the company you contract with when you use the Website and the company that issues our invoices.

Mimove Franchise, S.L. is wholly owned by Mimove International AB, a company incorporated in Sweden with registration number 559479-7317 and VAT number SE559479731701, which is the ultimate parent of the MiMove group:

Mimove International AB
Randersgatan 2
SE-254 40 Helsingborg
Sweden

You can contact us at [email protected]. For questions about personal data, write to [email protected].

2. What MiMove is, and what it is not

MiMove is an online property portal: an advertising platform on which estate agencies, developers, other property professionals and their partners ("Advertisers") publish listings for properties for sale and for rent, and on which buyers and tenants can search those listings and contact the Advertiser directly.

It follows that:

• MiMove is not an estate agent, broker, letting agent, property manager, developer, lender, surveyor, or legal, tax or financial adviser, and does not provide any such service or advice;
• MiMove does not act for any buyer, seller, landlord or tenant, does not represent you or the Advertiser, and is not a party to any negotiation, viewing, reservation, tenancy, sale or other contract that may result from your use of the Website;
• MiMove does not own, hold, market, inspect or view the properties advertised, and does not take deposits, reservation fees, rent or purchase monies from users;
• any contract you enter into with an Advertiser or any other third party referred to or advertising on the Website is a contract between you and them alone, and MiMove will not be responsible or liable for it.

You should always take independent professional legal and financial advice before committing to a property transaction, and you should never transfer money to any party on the strength of information found on the Website alone.

3. Listing content and accuracy

Listings and the information in them — including price, availability, size, room counts, condition, photographs, floor plans, energy ratings, licences, reference numbers, taxes, charges and the identity and contact details of the Advertiser — are supplied to us by the Advertiser, in most cases through automated data feeds and imports, and are published on the Website by MiMove in good faith. They are the Advertiser's responsibility, not ours.

Accordingly:

• we do not verify, inspect or independently confirm any listing, and we do not warrant that any listing is accurate, complete, current or lawful;
• a property may have been sold, reserved, let, withdrawn or repriced before the listing is updated on the Website;
• prices are shown in the currency supplied by the Advertiser and, unless expressly stated, exclude taxes, notary, registry, agency and other transaction costs; any currency conversion is indicative only;
• map positions, location markers, distances and boundary or area data are approximate and are provided for orientation only;
• images may be resized, cropped, compressed or otherwise optimised for display, and may not reflect the current state of a property;
• substantial parts of the Website are translated automatically by machine translation. Translations are provided for convenience and may be inaccurate; the English-language version prevails in the event of any discrepancy, including in these Terms.

If you believe a listing is inaccurate, misleading, unlawful or infringes your rights, please tell us at [email protected] and we will review it and, where appropriate, amend or remove it.

4. Enquiries and contact with advertisers

By submitting an enquiry you agree that:

• MiMove and the relevant Advertiser may contact you about that enquiry and about the property, by email, telephone, SMS and messaging applications such as WhatsApp, using the details you supplied;
• the details you provide are accurate, and are your own or are provided with the authority of the person they belong to;
• you are making the enquiry in good faith and with a genuine interest in the property.

We may ask you optional qualifying questions after you submit an enquiry — for example your budget, the minimum number of bedrooms you need, when you are looking to move, when you would like to view, and how and when you prefer to be contacted. Any answers you give are passed to the Advertiser along with your enquiry so that they can respond more usefully. You are not obliged to answer them.

We may also offer to send the same enquiry to a limited number of other Advertisers who have similar properties. Nothing is sent to any additional Advertiser unless you choose to send it: the selection is presented to you and you decide.

Each Advertiser decides independently whether, when and how to respond, and becomes independently responsible for the personal data it receives and for its own marketing to you. We do not guarantee that you will receive a response, nor the speed, accuracy, completeness or quality of any response, and we are not responsible for the conduct of any Advertiser. Complaints about an Advertiser's conduct should be raised with them, and may also be reported to us at [email protected].

How we handle the personal data in an enquiry, who receives it and for how long we keep it, is set out in our Privacy Policy.

5. Accounts

Some features of the Website — saved searches, property alerts, saved listings and the history of your enquiries — require a user account.

You agree that:

• you are at least 16 years old. The Website is not intended for children, and we do not knowingly allow anyone under 16 to register or submit an enquiry;
• the information on your account is accurate and kept up to date;
• you are responsible for keeping your password and any access link confidential, and for all activity that takes place under your account;
• you will tell us promptly at [email protected] if you believe your account has been used without your authorisation;
• you will not create an account in another person's name, share your account, or transfer it to anyone else.

We may suspend or close an account that we reasonably believe has been used in breach of these Terms, and we may refuse access to the Website to any user at any time at our sole discretion.

6. Permitted use of this Website

You are generally permitted to use this Website for the purposes of:

• searching the web pages and browsing the advertising on the Website for information purposes, with a view to potentially buying or renting a property or using the services of the Advertisers;
• contacting an Advertiser about a property in which you have a genuine interest, in accordance with clause 4;
• accessing, viewing and printing copies of the content on the Website for your personal, non-commercial use, provided that you reproduce such material accurately, do not use it in a misleading context, and do not modify any such materials or web content in any way or reproduce them for any public or commercial purpose.

You agree not to remove any copyright notices, trade marks and/or logos that appear on any screen prints legitimately copied in accordance with the above, which must remain on the copies.

7. Prohibited use of this Website

In the event that you wish to copy or use the content on this Website for purposes other than those specifically permitted above, you may not do so without the express written consent and permission of MiMove, which will not be unreasonably withheld.

In particular, you will not, and will not attempt to, or permit any other person to:

• copy, scrape, harvest, crawl, spider, index, mirror, frame, extract, store or otherwise systematically retrieve any part of the Website, its listings, images, descriptions, contact details or underlying data, whether by automated means (robots, scripts, bots, data-extraction tools) or manually, except for crawling by a general-purpose search engine in accordance with our robots.txt, which we may withdraw at any time;
• use any content taken from the Website to create, populate, train or enrich any database, index, model or service, or to offer any product that competes with the Website, or resell, republish or redistribute that content;
• submit enquiries that are not genuine, or collect Advertisers' contact details in order to send them unsolicited marketing or other communications;
• submit, upload, post or otherwise introduce any unlawful, defamatory, sexually explicit, abusive or obscene material, or any other illegal material of any kind, or any material that infringes the Intellectual Property Rights of any person, onto this Website;
• misrepresent your identity or your affiliation with any person, use another person's contact details, or submit false, misleading or fraudulent information;
• take any action to interfere with the operation of, or the display of information or content on, this Website, or with its security — including circumventing or attempting to circumvent any rate limit, access restriction, authentication or anti-automation measure (such as the CAPTCHA on our forms);
• attempt to gain unauthorised access to the Website, to any account, or to any server, computer or database connected to it, or subject it to any attack designed to interrupt its service;
• introduce any virus, trojan, worm, logic bomb or other material that is malicious or technologically harmful;
• redistribute, assign, licence or otherwise grant any rights in, or purport to grant any rights in, this Website or any part of it to any third party.

MiMove reserves the right to delete and take down from the Website any material that it considers breaches these Terms, and to restrict or block access, at any time and without notice. A breach of this clause may be a criminal offence, and we may report it to the relevant authorities and disclose your identity to them.

8. Intellectual property rights

Some of the materials (including images and photographs) on the Website have been provided to MiMove by third parties and are Third Party Materials (defined in clause 9) which are not owned by MiMove and are displayed on the Website by MiMove in good faith.

Other than such Third Party Materials, all intellectual property rights, including copyright, design right, trade marks, patents, goodwill and any other rights of a similar nature anywhere in the world ("Intellectual Property Rights") in the content and materials provided by MiMove on the Website (including but not limited to screen interfaces, text, icons, illustrations and photographs), together with the selection, arrangement and compilation of the listings and the database in which they are held, are owned absolutely by MiMove unless stated otherwise on the Website.

If you believe that material on the Website infringes your Intellectual Property Rights, please contact us at [email protected] with details of the material, its location on the Website and the basis of your claim, and we will investigate.

9. Third party materials and websites

The Website contains material or content posted or uploaded by third parties (including but not limited to the content of any third party business advertisements or any information or material posted by any third party on publication areas of the Website) ("Third Party Materials"). MiMove does not warrant that any such Third Party Materials are not defamatory or do not infringe the Intellectual Property Rights of any person, nor will MiMove be liable for any such material or content, or any material or content which is otherwise illegal.

The Website contains third party URLs, hyperlinks, banner or panel advertising or icons linking to third party websites, web pages or portals ("Third Party Websites"). All such links and portals to Third Party Websites which are provided on the Website are provided "as is" and "as available" for your convenience only and without warranty.

MiMove will not be responsible for the content or availability of any Third Party Materials on the Website or Third Party Websites, and:

• in the event that you rely on any Third Party Materials, you acknowledge and accept that you will do so at your own risk;
• in the event that you choose to click on a link to a Third Party Website and access the corresponding website, web page or portal, you acknowledge and accept that you will leave the Website and do so at your own risk.

The existence of Third Party Materials and links to Third Party Websites on this Website does not in any way imply that the proprietor of any such Third Party Materials or linked Third Party Website is authorised to use any copyright works, trade marks or logos of MiMove.

10. Advertising and the order of results

The Website is funded by advertising. It displays advertising served by third parties, including Google AdSense, and listings from Advertisers who pay us to advertise with us.

The order in which listings appear in search results and on other pages is determined by the filters and sort order you choose and by our own ranking rules. Those rules take account of the Advertiser's subscription or promotional plan, so listings that have been sponsored or boosted may be shown more prominently than they would be otherwise. Prominence in results is not a recommendation, endorsement or assessment of a property, an Advertiser or the merits of a transaction.

11. Availability of the Website

MiMove does not warrant that access to this Website will be uninterrupted or error free, or that any such defects in the Website will be corrected, or that this Website or the servers that make it available are free of computer viruses. We may suspend, withdraw, discontinue or change all or any part of the Website, or any feature of it, without notice and without liability to you. Computer viruses may be uploaded to the Website by third parties and downloaded to your computer upon access to the Website, and MiMove will not be liable for any damage or loss caused by any such computer viruses. It is your responsibility to run adequate virus protection software on your own equipment.

12. Disclaimers

MiMove merely provides the Website as a conduit for the posting of real estate information, which may include local factual information, third party local business information and third party advertisements which may be useful to users. The information and materials published on the Website are published without warranty of any kind, whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy.

Any information, data, views or opinions provided by MiMove on the Website are simply intended to be informative and are provided on an "as is" and "as available" basis. By accessing and using the Website you acknowledge that any reliance which you place on any information, data, views or opinions obtained from the Website will be entirely at your own risk.

MiMove does not represent or warrant that the information or data on, or content of, this Website complies with the regulatory regime of any country other than Spain. If you access the Website from locations outside Spain you do so entirely at your own risk and you will be responsible for compliance with local laws.

13. Our liability to you

Subject to the paragraph below, MiMove will not be liable or responsible to you or any third party, whether in contract, tort, by statute or otherwise, in respect of any direct loss or damage, or any special, indirect, incidental or consequential loss or damage — including but not limited to loss of profits, loss of revenue, loss of business, loss of opportunity, loss of property, wasted expenditure and loss or corruption of data — arising out of or in connection with your use of this Website, your dealings with any Advertiser, or the advertising or other information contained on this Website, including any information relating to third parties or contained in third party panel or banner advertisements.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, nothing in these Terms affects your mandatory statutory rights under the law of your country of residence, and this clause applies only to the extent permitted by that law.

14. Indemnity (business users)

If you use the Website in the course of a business, trade or profession, you agree to indemnify MiMove against all liabilities, costs, expenses, damages and losses (including reasonable legal fees) suffered or incurred by MiMove arising out of or in connection with your breach of clause 7, or any unlawful use of the Website by you. This clause does not apply to consumers.

15. Suspension and termination

Your permission and authorisation to use this Website will automatically terminate, together with this agreement, in the event that you breach any of these Terms. Furthermore, MiMove reserves the right to refuse access to the Website to any user at any time at its sole discretion.

In the event of termination of these Terms under this clause, you agree that you will immediately cease any attempt to access this Website, and that you will destroy any content or materials which you may have downloaded or printed from the Website.

Clauses 8, 12, 13, 14, 17 and 19 survive termination.

16. Privacy and cookies

Our Privacy Policy explains what personal data we collect, why we collect it, who we share it with — including the Advertisers who receive your enquiries — how long we keep it, which cookies and similar technologies we use, and the rights you have over your data. It forms part of these Terms.

17. General

• Severability. If any provision in these Terms is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions, which will remain in full force and effect.
• No waiver. If we delay in enforcing any provision of these Terms, or do not enforce it, that will not be a waiver of our rights, and will not prevent us from enforcing it later.
• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and MiMove in relation to your use of the Website.
• Assignment. You may not transfer your rights or obligations under these Terms to anyone else. We may transfer ours to another company within our group or to an acquirer of our business, without affecting your rights.
• Third parties. No person other than you and MiMove has any right to enforce these Terms.

18. Amendments to these Terms

MiMove's rights are reserved to amend or modify these Terms at any time without individual notice to users. Any such amendments or modifications will be effective immediately on being posted to the Website, and the date at the top of this page will be updated. Please check this page from time to time. Your continued use of the Website after any change constitutes your acceptance of the amended Terms.

19. Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation, will be governed by Spanish law, and the parties hereby submit to the exclusive jurisdiction of the Spanish courts.

If you are a consumer resident in the European Union, this choice of law and jurisdiction does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may also bring proceedings in the courts of that country. Consumers in the EU may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

20. How to contact us

Mimove Franchise, S.L. — CIF B87532180 · VAT ESB87532180
Calle Evaristo San Miguel 22
28008 Madrid
Spain

General enquiries: [email protected]
Data protection: [email protected]

Parent company — Mimove International AB, reg. 559479-7317 · VAT SE559479731701
Randersgatan 2
SE-254 40 Helsingborg
Sweden