TERMS OF USE FOR Proppy

Welcome to the platform of Proppy, owned by Winleads SA, with CBE number BE 0751.533.333, with registered office at Koningin Astridlaan, 75 Mechelen, Belgium, (hereinafter referred to as 'Proppy').

The Proppy Platform is available at Proppy.be or Proppy.eu, or at any other address that may replace it (hereinafter the 'Platform').

These Terms of Use (hereinafter the 'Terms of Use') govern the contractual relationship between Proppy and the user or member and determine the conditions under which users or members may access and use Proppy's platform and services.

1. Definitions

Unless otherwise specified in these Terms of Use, the following capitalized terms shall have the respective meanings given below:

  • Content: means all content posted on the Platform, including, but not limited to, all data of the property, information, text, description, name, alias, sign, photo, image, sound, video, logo and any other element provided by the Broker, the Member and/or the User to Proppy or on the Platform.
  • Member: refers to any User who has registered on the Platform and whose registration has been approved by Proppy.
  • Party: means, individually or jointly, Proppy and/or the User.
  • Services: refers to all online services, which are the property of Proppy, and which are made available to the User or the Member through the Platform, as described in more detail in Article 3 of these Terms of Use.
  • User: refers to any person who has access to the Platform, regardless of whether this person is a Member or not.

2. Applicability of the Terms of Use

2.1

These Terms of Use, which take precedence over any other document, govern the relationship between Proppy and each User or Member.

2.2

By accessing the Platform and using the Services, the User or the Member expressly agrees, without limitation, to be bound by all the provisions of the Terms of Use. If the User or the Member does not accept these Terms of Use, the User or the Member undertakes to immediately stop visiting the Platform and, if applicable, to stop registering on the Platform.

2.3

Proppy reserves the right to modify these Terms of Use at any time and to notify each Member by email. Except as otherwise expressly provided in these Terms of Use, changes to these Terms of Use will be effective 30 calendar days after they are posted online. During this period, each Member may notify Proppy that he/she does not agree to these changes, in which case the registration (and therefore the Member's right to use the Services) will expire at the end of the aforementioned period of 30 calendar days, within the conditions set out in article 5 of the Terms of Use. If the Member has not objected in writing to the announced changes within this period, the Member will be deemed to have accepted the changes.

3. Description of services

3.1

The primary goal of the Proppy platform is to provide a versatile and integrated service for everyone involved in the real estate market, including buying, selling, financing with mortgages, insurance, and even renovating real estate. We strive to simplify this process by displaying information transparently, user-friendly, and up-to-date, allowing users to make informed decisions. The Services provide users with the ability to:

  1. Enter information about the property on the platform and receive an estimate of the selling price of the property based on this;

  2. Contact one or more brokers selected by the user;

  3. Conduct a slew of inquiries required for their property sales requests;

  4. Access tools and services for mortgage origination, insurance options, and renovation advice, all designed to simplify and enhance the real estate experience.

3.2

Proppy's role has expanded to act as a comprehensive intermediary between all parties in the real estate market, including real estate agents, sellers, buyers, financial institutions, and renovation and insurance service providers. While Proppy facilitates the interaction between these parties, it is important to emphasize that Proppy is neither directly nor indirectly involved in the final sale transactions of real estate. Decisions to enter into contracts are made solely by the parties involved at their sole discretion. Therefore, Proppy cannot be held responsible for any acts or omissions of brokers, sellers, buyers, or any other party on the platform.

3.3

The use of the platform and the services offered will remain free of charge, with the aim of maximizing accessibility and ease of use for everyone, regardless of their purpose within the real estate market.

4. Access to the Services and Right of Use

4.1

Proppy retains full ownership of the Platform at all times.

4.2

Access to the Platform is available to all Users, regardless of whether they are registered members or not. However, access to the Platform and the use of all its features require the prior registration of the User as a Member.

In addition, the member undertakes that the information provided during registration does not infringe the rights of third parties and is accurate, genuine, complete and up-to-date, and further undertakes to provide this information at a later date or to correct information that is out of date or no longer valid. Proppy reserves the right to ask the Member who does not respect the conditions of this article to modify the information provided within a period to be specified by Proppy.

If the Member fails to comply with this obligation, Proppy reserves the right to suspend and/or close the Member's account, as well as to refuse any access to the Platform or the Services. Each member is solely responsible for all consequences that may arise from providing false, invalid or inaccurate information to Proppy and/or any other third party.

4.3

Proppy reserves the right, in its sole discretion, to accept or deny any registration request, without any liability.

4.4

Proppy reserves the right, at any time and in its sole discretion, to:

  1. suspend or interrupt access to all or part of the Platform, in particular for the purposes of maintenance, operational requirements, internal choices or in the event of an emergency;

  2. update the features and Services available on the Platform;

  3. remove or modify the Content, including, but not limited to, for technical, commercial or practical reasons.

The User understands and accepts that such interventions do not in any way entail the liability of Proppy, nor give rise to any compensation to the User.

4.5

A Member who wishes to delete his/her account may do so directly through the Platform, or by sending a deletion request to Proppy by email to: support@Proppy.eu.

The deletion of the Member's account will result in the immediate termination by operation of law of these Terms of Use, such termination taking effect in accordance with the provisions of Article 5.2.

4.6

Proppy, which is only an intermediary, has no control over the information provided by Members and published on the Platform. Proppy does not provide any warranty that the Platform and the Services are provided 'as is' and 'as available'. In addition, Proppy does not guarantee that access to the Service or Platform will be uninterrupted or error-free.

5. Term and Termination of the Contract

5.1

These Terms of Use become effective with respect to the User when the User first accesses the Platform, and remain in force for the duration of the User's browsing on the Platform.

As an exception to the foregoing, these Terms of Use shall be effective with respect to each Member indefinitely, upon the registration of the Member, unless these Terms of Use are terminated in accordance with Article 5 of these Terms of Use.

5.2

The right to access the Platform, the Services and all rights and obligations arising from these Terms of Use may be terminated at any time by the Member or by Proppy, without any specific reason, by email or via the Platform.

5.3

Without prejudice to any other legal remedies and without being liable for any compensation, Proppy reserves the right to immediately suspend the right to access the Platform, the Services and all rights and obligations arising from these Terms of Use in the following situations where they are described as serious violations:

  1. in the event of a breach of Articles 4.2., 6., 7 and 9; or
  2. if the User's actions are likely to result in Proppy's liability; or
  3. in the event that the Member's conduct is potentially harmful and/or unfair to the Platform, Proppy, and/or any Member.
5.4

Without prejudice to Article 5.3, in the event that a Party breaches any of its obligations under the Terms of Use, the other Party may immediately and completely terminate its rights to access the Platform, the Services and all rights and obligations arising from these Terms of Use, upon a notice of default to remedy the breach in question has been served and has remained unsuccessful for one (1) month.

5.5

In the event of termination in accordance with the terms of this article, the Member's account will be automatically closed, the Member's access to the Platform will be deactivated and the Member will no longer have access to the Services, all from the effective date of termination as stipulated in this Article 5.

5.6

In the event of termination for any reason, the parties expressly agree that the provisions essentially intended to survive the termination of these Terms of Use, regardless of the reason for such termination, shall remain in effect for the duration applicable to such provisions.

6. Registration

6.1

In order to access all the features of the Platform and the Services, the User must first register on the Platform as a Member and provide all the information requested.

6.2

The Member undertakes not to provide any information that infringes the rights of third parties. In addition, the Member undertakes to refrain from registering as a login/alias, URL, address or other domain name that refers, in whole or in part, to an external website. Proppy reserves the right, in particular in the event of a dispute between Members, to request the Member who has not complied with the provisions of this article to modify the information provided and to do so within the period set by Proppy.

6.3

In addition, the Member undertakes that the information provided at the time of registration is correct, authentic, complete and up-to-date, and further undertakes to correct this information at a later date if it is out of date. If the Member fails to comply with this obligation, Proppy reserves the right to suspend and/or close the Member's account, and to deny such Member any access to the Services. Each member is solely responsible for any consequences that may arise from providing false, invalid or erroneous information to Proppy and/or any other member.

6.4

Each Member undertakes to create and use only one account, except with the prior consent of Proppy. Once a Member has registered, or for each subsequent connection, a Member can access their account by entering their username and password. A Member's login and password are strictly personal. The Member agrees to choose a strong password and to keep this password confidential.

6.5

The use of a Member's login, linked to the Member's password, is a sufficient presumption that such Member's access to and use of the Services is or is under the control of that Member. In the event that a Member learns that a third party has accessed their account, the Member undertakes to immediately change their password and immediately notify Proppy by email to support@Proppy.eu.

6.6

The Member has a duty to act in good faith and with respect in his/her dealings with Proppy and other Members and brokers.

7. User rights and obligations

7.1

The Member agrees to refrain from using the Platform and/or the Services in order to:

  1. encourage other Users of the Platform to stop using the Platform; or
  2. Posted Content that is shocking, inappropriate, obscene, threatening, abusive, violent, abusive, racist, defamatory, derogatory, misleading, discriminatory, harassing, embarrassing, pornographic, or child pornography, Content that amounts to justification of crimes against humanity, Content that may incite racial, religious, or ethnic hatred, violence, or terrorism, to post or disseminate content that could violate human dignity or the privacy of another person violate, illegal content, or content that violates applicable law; or
  3. post or distribute content that infringes the intellectual property rights of a third party; or
  4. post or disseminate any content that could be described as misappropriation, fraud, misappropriation or any other criminal offence; or
  5. transmit computer viruses, worms, Trojan horses, logic bombs or other malware, files or any other form of malware intended to damage, interrupt, suspend, destroy and/or limit the functionality of computer equipment or telecommunications; or
  6. access, use, or attempt to use another Member's account, login, and/or password, or impersonate another Member in any way; or
  7. impersonate any other person, a Member, or an employee or representative of Proppy, imply that their statements and comments are endorsed or approved by Proppy, and/or use the Services to transmit or distribute any Content that could harm or criticize Proppy in any way; or
  8. use any data mining tools, robots, or other similar tools to collect and extract data related to the Platform; or
  9. to do anything that could damage the image and/or reputation of Proppy or the Platform and/or constitute acts of unfair competition or free riding towards Proppy, another Member and/or third parties.
7.2

More generally, each User undertakes to refrain from any act or act that could otherwise infringe the rights of third parties, applicable laws and regulations and/or any contractual provision binding the User.

7.3

When activities are found to be in violation of this article, these Terms of Use or in violation of the law or the rights of third parties, access to the Platform and Services will be immediately suspended and/or Proppy may take one or more of the following actions, depending on the nature of the violation:

  1. temporarily discontinue the Service to the affected User;
  2. remove the relevant content;
  3. take all necessary measures to put an end to the abuses;
  4. disclose the User's personal data to the competent authorities and/or cooperate with the competent authorities upon request.

In that case, the User shall also indemnify and hold Proppy harmless from any consequences, such as, but not limited to, claims by third parties.

8. Personal data

Proppy collects and processes personal data relating to Users and Members in order to manage the relationship with them.

The methods for collecting and processing personal data are described in Proppy's privacy policy, available on the Platform.

9. Intellectual Property & Licensing

9.1

The intellectual property rights to the Platform and the Services, including in their respective content, texts, software, databases, forms, trade names, product names, logos, brands, photographs, graphics and illustrations, images, music, combinations of colors, slogans, layouts and layouts and any other element to be protected are the exclusive property of Proppy and/or third parties contractually bound to Proppy. The User undertakes not to copy, remove, modify, exploit, resell or otherwise use in any way or in any form all or part of the elements of the Platform and the Services.

9.2

Subject to these Terms of Use by the User, Proppy grants a limited, personal, non-exclusive, non-transferable and non-assignable license to the User, without any possibility of sublicensing, to access and use the Platform and Services. The User is only authorized to consult the Content and to print a copy of the Content on the Platform for strictly personal use, provided that the User retains all the authorship notices of the Platform and that he does not modify the content. This license is granted for the duration of the use of the Platform and the Services. To the fullest extent permitted by law, all rights not expressly permitted herein are expressly reserved by Proppy and/or its licensors and affiliates.

9.3

Notwithstanding the foregoing, all Content provided by a Member shall be and shall remain the property of that Member, subject to the license granted by the Member to Proppy.

Member Proppy grants:

  1. a free, non-exclusive, transferable, sublicensable, worldwide license for the duration of these Terms of Use, to use, reproduce, display, format, publish, and under the creation of the Platform and the available Services, and to perform any other act or activity in connection with such display, layout, use, publication, and/or distribution, that is necessary or useful in the context of the provision of the Platform and the Services, on any other medium (in particular in any material or digital medium, in any press release or financial press release or publication, presentation material, promotional and/or advertising material, website), through any medium, without limitation on the number of copies, for internal purposes, storage, advertising, promotion, marketing, communications, public relations and with the partnerships or sponsorship sites with Proppy partners. The Member acknowledges that no use of the Content by Proppy prior to the cancellation, deletion or closure of the Member's account, or the termination of these Terms of Use, cannot be disputed by the Member; and
  2. a free, non-exclusive, transferable, sublicensable, worldwide license, for the duration of the intellectual property rights, to use, reproduce and display the Content for the purpose of aggregation, compilation, anonymization and/or use in any other form or format that does not allow attribution or association with the Member, for statistical, research and analysis purposes and for the purpose of improving the Platform and/or the Services.

The Member warrants that he is the exclusive owner, for the duration of the rights granted to Proppy, and for the entire world, of all rights necessary to use the Content as provided herein, or that he has the required rights in the license described herein.

The Member acknowledges that the Content he provides may be published on the Platform and on online or offline media and is therefore accessible to the public.

9.4

The Platform, the Services, and all associated elements as described above contain trade secrets and proprietary confidential information. Proppy and the User or the Member undertake not to disclose information that has been expressly designated as confidential by (one of) the Parties.

9.5

In this regard, the User or the Member indemnifies Proppy, upon first request, against any claim or action that may be taken or instituted, for any reason whatsoever, in the exercise of the rights hereby granted to Proppy, by a single person who would consider having the right to claim all or part of the content provided by the User or the Member. The User or the Member undertakes to indemnify Proppy in the event that a third party makes such a claim or takes such action against Proppy, and to bear all consequences, including the financial consequences that may result therefrom.

9.6

Proppy reserves the right, without notice or compensation, to modify or remove any content that would violate any provision of these Terms of Use, or to terminate these Terms of Use with immediate effect, under the conditions set forth in Section 5.

10. Liability

10.1

The Platform and the Services are provided 'as is' without warranty of any kind. Proppy does not warrant that the Platform and the Services will meet the User's requirements, nor that they will be uninterrupted or error-free. To the fullest extent permitted by law, Proppy hereby disclaims (for itself and its suppliers) all other warranties, express or implied, oral or written, with respect to the Platform and the Services, including, but not limited to, any warranties of implied title, infringement, quiet enjoyment, integration, commercialization or fitness for a particular purpose and any warranties arising from any plan of action, a mode of conduct or use of trade.

Proppy only assumes an obligation of means with respect to the provision of the Platform and the Services. Unless a proven serious or intentional fault can be attributed to Proppy, Proppy cannot be held responsible for any damages that the User or the Member may suffer as a result of the use or inability to use the Platform in whole or in part.

10.2

Proppy cannot offer an absolute guarantee regarding the quality of the information present on the Platform. It is therefore possible that the information is not always complete, exact, sufficiently accurate or up-to-date. Consequently, Proppy cannot be held responsible for any direct or indirect damage that the User may suffer as a result of the use of the Platform. If any content violates the law or the rights of third parties, we ask that you notify us as soon as possible via matteo@Proppy.eu. Any download from the Platform is always at the User's risk. Proppy cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are the sole responsibility of the User.

10.3

Proppy declines all responsibility in the event of fraudulent reuse of personal data by the User in violation of the General Data Protection Regulation (No. 2016/679).

10.4

Proppy is not responsible for any dispute between the two parties in connection with fraudulent property sales, claims for hidden defects or any other type of complaint of an equivalent nature. Proppy may terminate any contract with the User in the event of a fact proving the User's fault with the aim of maintaining Proppy's image.

10.5

In no event shall Proppy (or its suppliers) be responsible for the subject matter of these Terms of Use, regardless of the form of the claim or action (whether in contract, negligence, strict liability, or otherwise), for (a) items that are beyond its reasonable control. , (b) loss or inaccuracy of data, loss or interruption of use or costs associated with the purchase of substitute technology, goods or services, (c) consequential damages, punitive, incidental, dependent, special, exemplary or consequential, including but not limited to loss of sales, income, profits or goodwill, even if Proppy has been advised of the possibility of such damages. These limitations are independent of all other provisions of these Terms of Use and shall apply notwithstanding the failure of any remedy provided herein.

10.6

Third-party websites to which the Platform may occasionally link or refer (or vice versa) are not operated, hosted or maintained by the Platform. Kairos is therefore not responsible for the content of these sites, nor for the links contained on them or for the changes and updates made to these sites.

10.7

You agree to indemnify the Proppy organization and its third parties from any liability, as well as to indemnify Proppy for any and all losses, costs, responsibilities and expenses related to or resulting from your violation of these Terms of Use.

11. Force majeure

Neither party is responsible for non-compliance with or delay in the performance of its obligations, nor for any loss, burden or damage suffered, if this is the result of circumstances beyond its control, such as fire, natural disasters, government intervention or any other cause beyond the control of the User and Proppy (and its suppliers) and if this has been communicated to the other party in writing.

12. Completeness - Severability

12.1

These Terms of Use are final and complete and supersede all oral or written communications, terms of use between the parties

12.2

In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision may nevertheless be applied to the fullest extent permitted by law. The non-applicable part shall be deemed to be separate from these Terms of Use. This dissociation shall not affect the validity and applicability of all other provisions. Proppy reserves the right to replace the illegal provision with another valid and similar provision.

13. General Provisions

13.1

In the event of a name change, legal status or any other form of legal change within Proppy, the continuation of the activities is guaranteed and these Terms of Use remain in effect. Changes that may be made within the legal status will not affect the viability of the Terms of Use and the services offered.

13.2

All notices will be given in writing and preferably by e-mail.

Any notice sent by certified mail shall be deemed to have been received by the addressee on the third day of posting, and any notice sent by fax shall be deemed to have been received on the business day following its dispatch. Sending to the email addresses specified in this Agreement shall be deemed a receipt unless otherwise proved.

14. Governing Law - Jurisdiction

14.1

These Terms of Use shall be governed and construed in accordance with Belgian law.

14.2

The courts of Brussels shall have exclusive jurisdiction to hear any dispute relating to these Terms of Use in general, as well as their drafting, execution and interpretation.

14.3

Before initiating any proceedings, you agree to first notify us of the dispute and to work together to reach an amicable settlement. Proppy undertakes never to cut off communication and emphasizes transparency with its Users. By mutual agreement, a mediator is appointed in order to reach an amicable solution that may or may not lead to the continuation of the cooperation, but above all to find a solution that can satisfy both parties. Any proceedings before the competent courts initiated without the mediation procedure mentioned in this article may be withheld by Proppy against the User. Proppy undertakes to initiate mediation procedures within 7 working days of the acknowledgement of receipt of the complaint sent to the address matteo@Proppy.eu , this is the estimated time required to optimally manage and process the complaint. This procedure, in which a mediator is jointly appointed, will only be effective after having ruled that an amicable solution is not possible and that a competent intermediary must be appointed.

15. Changes to the Service

15.1

Proppy reserves the right to modify, modify, interrupt, suspend, or discontinue the services offered on the Platform at any time, including the availability of any feature, database, or content. Proppy will endeavor to provide users with reasonable notice of significant changes to the service.

15.2

Continued use of the Platform after such changes implies acceptance of the changed service provision by the User. Users are advised to periodically check the Terms of Use for any updates or changes.

16. Complaints procedure

16.1

If a user or member has a complaint about the Platform or the Services, they may file a complaint by sending an email to matteo@winleads.eu, with a detailed description of the complaint.

16.2

Proppy strives to handle complaints within 30 calendar days of receipt. Should this not be possible, the user or member will be notified of the delay and given an indication of when a decision can be expected.

16.3

Proppy takes all complaints seriously and will try to find a satisfactory solution. If a user or member is not satisfied with the handling of the complaint, they may take further steps as described in applicable law or these Terms of Use.

17. Third-Party Links

17.1

The Platform may contain links to websites and services that are not operated by Proppy. These links are provided for your convenience only and do not constitute an endorsement by Proppy of the content on such third-party websites.

17.2

Proppy is not responsible for the content or privacy practices of third-party websites and encourages users to read the terms of use and privacy policies of such websites.

17.3

Use of third-party services or websites through links on the platform is entirely at the user's risk. Proppy assumes no liability for any damage or loss caused by the use of such external sites or services.