Terms and Conditions

Last updated: 27 Oct, 2024

Legal Notice

In accordance with the Law 34/2002 of Services of the Information Society and Electronic Commerce (Law 34/2002 of July 11, 2002, of Services of the Information Society and Electronic Commerce), we inform you that the owner of this website is Professional Marketing & Technologies SL (hereinafter, "ListingOK"), with address in 28224 Pozuelo de Alarcón - Madrid - Spain, calle Peñalara, 3 - with CIF B83796813 and registered in the Mercantile Registry of Madrid. Its e-mail address is [email protected].

1. Introduction

Thank you for choosing ListingOK. By subscribing to ListingOK's services and software applications (collectively, the "ListingOK Service" or "Service"), you (hereinafter, the "User", "Users", "you") are entering into a binding contract with ListingOK.

To use the ListingOK Service, you may do so either through a legal entity or as an individual. In the first case, you acknowledge and agree that (i) you have the legal and contractual capacity to enter into these Terms of Use on behalf of such legal entity and that such capacity has not been restricted in any way; (ii) you have the legal right and full power and authority to accept these Terms of Service and to perform your obligations. If you are an individual, you represent and warrant that (i) you are 18 years of age or older and (ii) you have the legal and contractual capacity to enter into these Terms of Use and to perform your obligations under any applicable laws. You also warrant that any registration information you submit to ListingOK is true, accurate and complete, and you agree to keep it true, accurate and complete at all times.

2. Changes in terms

From time to time, at our discretion, we may make changes to the Terms; when we make material changes to the agreement, we will provide you with prompt notice as appropriate, for example, by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance and your continued use of the Service after changes have been made will signify your acceptance of those changes. Therefore, please be sure to read any such notices carefully. If you do not wish to continue using the Service under the new version of the Terms, you may terminate this agreement by contacting us at the following e-mail address: [email protected].

3. Our service

ListingOK provides its clients with a Revenue Management service for their rental properties on any of the real estate rental platforms included in the ListingOK Service, for example, Airbnb.com or Booking.com (hereinafter, the "Rental Platforms" or "OTAs").

The Service includes the following main features:

  • Price and availability suggestions based on the number of nearby booked properties, the average price of rental platforms in your area and the price of nearby hotels for your rental platform listings.
  • Automatic price and availability updates for your listings on Rental Platforms every twenty-four (24) hours.
  • Personalized notifications about minimum stay requirements, price changes, etc.
  • Comparison between your property and other properties in your area.
  • Price trends and other statistics in your area.
  • Information about your current reservation and historical occupancy.
  • Manage multiple properties at a glance.

Notwithstanding the foregoing, these features may not be available for all service plans. Additional features may be included in the future.

If you would like to know more about the Service, we recommend that you visit our Frequently Asked Questions. If you would like more information or have any questions, please send us an e-mail to [email protected].

4. Rights granted to the user

ListingOK grants you a limited, non-exclusive, revocable license to use the Service. You agree and acknowledge that you are using the Service for your own personal purposes and property and that you will not redistribute, transfer or resell the Service in any way. You expressly agree that you will not use or offer the Service as an intermediary by offering or integrating the Service into third party services, including but not limited to software, websites, tools and/or plug-ins of any kind. Failure to comply with these requirements may result in the revocation of such license without prejudice to ListingOK's right to take legal action.

All trademarks, service marks, trade names, trade dress, logos, domain names and any other features of the ListingOK brand ("ListingOK Brand Features") are the sole and exclusive property of ListingOK or its licensors. Your use of the Service does not grant you any right to use the ListingOK Brand Features in any manner, whether for commercial or non-commercial use.

5. Obligations of the user

ListingOK has established for the User some basic rules to follow when using the Service. Please follow these rules and encourage other users to do the same.

The User is entirely responsible for the correct use of the Service in accordance with the current Spanish law, as well as with the principles of good faith, morality, good customs and public order, committing himself to diligently respect any additional instructions that ListingOK may give him.

The User will refrain from using the Service for illicit purposes or with such effects, as well as those that may be detrimental to the rights or interests of third parties, or that in any way may damage, disable, affect or impair the operation of the Service, its contents or its services. Likewise, it is forbidden to prevent other Users from using or enjoying the Service normally.

Specifically, the following are not permitted for any reason:

  • Reverse engineer, decompile, disassemble, modify or create derivative works based on the ListingOK Service or any part thereof, unless permitted by Spanish law.
  • Provide your password to anyone else or use someone else's username and password.
  • "Crawl" the ListingOK Service or use any automated means (including bots, scrapers and spiders) to collect information from ListingOK.
  • Use the Service commercially as an intermediary, or resell the ListingOK Service.

Our antivirus system is reasonably secure. Therefore, ListingOK will not be responsible for possible damages or errors that the Users' computer systems (whether hardware or software) may experience when accessing or using the Service, due to viruses.

ListingOK will make available to the User the reasonable means to ensure that the contents and services included in the Web Site are accurate and up to date. Notwithstanding the foregoing, ListingOK is not able to guarantee this situation at all times. Furthermore, ListingOK will not be responsible for the operation of the communication networks that allow the operation of the website, whether they are fixed or wireless. Such responsibility will remain solely with the providers not related to ListingOK.

If deemed necessary, ListingOK may immediately suspend the provision of the Service and, if necessary, remove any content that it deems incorrect or illegal, at its sole discretion or at the request of an affected third party or a competent authority, without being able to claim any compensation for this reason.

Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

6. Links to third parties

ListingOK will not be responsible for any of the links on the Web Site that allow the User to access third party services, as long as they are external to the Web Site. Therefore, ListingOK will not be responsible for the information contained in the same nor for the effects that could be derived from such information. ListingOK reserves the right to remove any link from the Website at its sole discretion and without prior notice.

If any User or third party suspects that any link may be against the law, morality or public order, he/she should notify ListingOK at [email protected].

7. Intellectual Property

ListingOK is the exclusive owner or licensee of all intellectual property rights included in the Web Site, as well as the contents accessible through the Web Site.

The User's permission to access the Website does not imply that ListingOK waives, transfers, licenses or assigns in whole or in part any of ListingOK's intellectual property rights. Therefore, such use of them is strictly prohibited.

The intellectual property rights of the Web Site as well as the texts, images, graphic design, navigation system, information and contents within the Web Site belong to ListingOK, or it holds the rights to exploit them in any form and especially in terms of reproduction, distribution, retransmission or later adaptation, in accordance with the Spanish legislation in force on intellectual property rights.

8. Payments and cancellations

As mentioned above, regular use of the Service requires payment. Subscription to the Service can be purchased on a monthly or annual basis. You can subscribe to the Service and pay for it by credit/debit card or Paypal.

When you sign up for a paid subscription, you agree to obtain access to the Service immediately. You also agree that your right of withdrawal will terminate early when you have full access to the Service. This means that once you have paid, if you change your mind for any or no reason, you may cancel the subscription at any time, but you will not get a refund of any money paid.

You agree that once you have paid for a subscription to the Service, it will renew at the end of the subscription period unless you cancel your subscription by emailing us at [email protected]. Cancellation will take effect on the day following the last day of the current subscription period, and you will no longer have access to the Service.

In addition, if you cancel your paid subscription before the end of the current subscription period, we will not refund any subscription fees you have already paid to us.

ListingOK may change the price of subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subscription price changes will be effective at the beginning of the next subscription period following the date of the price change. As permitted by local law, you agree to the new price by continuing to use the ListingOK Service after the price change becomes effective. If you do not agree to the price changes, you have the right to reject the change by unsubscribing from the ListingOK Service before the price change becomes effective. Therefore, please be sure to read any price change notification carefully.

9. Taxes

When you pay for the Service, you also agree to pay applicable taxes in accordance with Spanish Law and/or the laws of your place of residence, as applicable. All prices displayed on the Website include Spanish Value Added Tax (VAT) or any other tax applicable to you.

10. Term and termination

The Agreements will continue to apply to you until terminated by either you or ListingOK.

ListingOK reserves the right to refuse admission and deny access to the Web Site. Any User who does not comply with the set of rules listed in this document may be denied access to the Website.

In addition, at any time and without prior notice ListingOK may withdraw or suspend the provision of the Services to Users who fail to comply with the provisions of the Terms and Conditions.

If either you or ListingOK terminate the Terms, or if ListingOK suspends your access to the Service, you agree that ListingOK shall have no liability to you and ListingOK will not refund any amounts you have already paid, to the fullest extent permitted under applicable law. You may terminate the agreement at any time.

The above termination conditions will allow certain sections of the Terms, either explicitly or by their nature, to remain in effect even after termination of the Terms. These obligations will survive termination for as long as necessary for the proper performance of the Terms.

11. Applicable Law

These Terms of Use have been interpreted and shall be construed in accordance with Spanish law. More specifically, these Terms of Use have been drafted in accordance with Law 34/2002 on Information Society Services and Electronic Commerce (Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce), Law 3/2014 updating Law 1/2007 in Defense of the Rights of Users and Consumers and Law 7/1996 on the Regulation of Retail Trade, as well as any other applicable legal provision.

12. Independence from any rental platform

ListingOK and Airbnb, Inc. and/or any other company owning any of the Rental Platforms are separate and distinct companies, acting independently of each other. Nothing in these Terms shall be construed or deemed to constitute an employment relationship, agency, partnership or joint venture.

13. Jurisdiction

For the resolution of any conflict derived from the access to the Web Site, the User and ListingOK agree to expressly submit to the Spanish Courts and Tribunals.

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