Terms and conditions

1.- Right to Information

We inform you that this Website, https://www.secondprop.com/es (hereinafter, the “Website”) is owned by SECONDPROP, SL (hereinafter, “SECONDPROP”), with CIF B05405683 and registered office at Calle López de Hoyos, 7, 3º IZQ, 28006 Madrid, Spain, registered in the Madrid Business Registry in Volume 41968, Page 1, Sheet M-743184.

Access and/or use of the Website provides the condition of user, and accepts, from the said access and/or use, the Terms and Conditions hereunder.

The user (hereinafter, the “User”) can contact SECONDPROP on the following email address: hello@secondprop.com.

2.- Use of the Website

The User assumes liability for the use of the Website. The Website can provide access to multiple texts, graphics, drawings, designs, photographs, multimedia contents, and information (hereinafter, “Contents and/or “Services) belonging to SECONDPROP or to third parties that the User may have access.

The User agrees to make proper use of the Contents and Services offered through the Website and, for example, but not limited to, not to use them to:

(i)             Engaging in illicit, illegal, or contrary to good faith and public order activities.

(ii)           Causing damage to the physical and logical systems of the SECONDPROP Website, its suppliers, or third parties.

(iii)         Introducing or disseminating computer viruses, or any other physical or logical systems that are likely to cause the aforementioned damage on the network.

(iv)         Trying to access, use, and/or manipulate the data of SECONDPROP, third-party providers, and other users.

(v)            Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents, unless the User have SECONDPROP’s authorization.

(vi)        Deleting, hiding, or manipulating the Contents subject to intellectual or industrial property rights, and other identifying data of the said rights of SECONDPROP or third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents.

SECONDPROP warns that the materials and information on prices and other aspects included in this Website have been included for informational purposes only; therefore, they are insufficient to make decisions or assume positions in a specific case. In any event, SECONDPROP is not liable for the accuracy of the said information and for the liability that may arise from its use by the Users of the Website.

The User must bear in mind that the materials contained in the Website hereof may not reflect the most recent regulatory status on the issues analyzed. Also, these materials may be modified, developed, or updated without prior notification.

SECONDPROP will have the right to investigate and report any of the aforementioned conducts, in accordance with the law, as well as to collaborate with the authorities in the investigation of the said actions.

SECONDPROP may temporarily suspend accessibility to the Website without prior notice due to maintenance, repair, updating, or improvement operations. However, whenever circumstances allow it, SECONDPROP will notify the User of the scheduled date for the suspension of Services, with sufficient anticipation. SECONDPROP is not liable for the use that the Users may make of the Contents included in the Website.

3.- SECONDPROP’S Activity

SECONDPROP offers a marketplace that connects real estate buyers who are organized through a limited partnership. SECONDPROP is a Website that provides a different way of enjoyment of a real estate allowing the Users to regulate its use, at the time the ownership is acquired.             

As starting point, SECONDPROP makes available to the User a catalog of real estates owned by third parties through the Website. The real estates are made available to the User in order for them to acquire them through a company, whose operation and organization will be decided and regulated by the Users that/who make up the aforementioned company.       

SECONDPROP does not participate in the corporate business, its operation, or its benefits. It only enables a previous entry formula facilitating the acquisition of a real estate with its Website/platform operation and an initial tool whose purpose is to favor the conditions of organized use of the real estate among the Users who acquire them.      

To avoid any doubt to this end, SECONDPROP is a company that provides intermediation Services in the acquisition of real estate in   co-ownership regime limiting itself sole and exclusively to the putting in contact of the Users interested in acquiring a real estate with the owners of the said real estate, with the purpose that it is finally acquired under the regime of   co-ownership by participation by a number of Users between 2 and 8.    

In accordance with the foregoing, the direct agents in the legal business will be, on the one hand, the owners of the real estate displayed on the platform and/or Website, and the Users who will acquire the real estate through a corporate vehicle of which the Users will be the full owners.

4.- Intellectual and Industrial Property

Each and every one of the intellectual property rights over the Contents and graphic design of this Website (by way of example, but not limited to images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are the exclusive property of SECONDPROP or of a third party that SECONDPROP has authorized the use. Therefore, SECONDPROP has the exclusive right to exploit the said Contents and graphic design.

Therefore, by virtue of the provisions of Royal Legislative Decree 1/1996 dated April 12, which approves the Consolidated Text of the Intellectual Property Law, and in Law 17/2001 of December 7 on Trademarks, as well as any other complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, or public communication, including making available or in any other way of commercial exploitation and/or modification of all or part of the Contents of the Website is prohibited, unless prior and express authorization from SECONDPROP.

SECONDPROP does not grant any license or authorization to use any of its intellectual and industrial property rights, or any other property or right related to the Website and/or the Services or Contents thereon.

The User agrees to respect intellectual and industrial property rights owned by SECONDPROP. In this sense, the reproduction and temporary storage of the Contents of the Website is allowed, as long as it is strictly necessary for the use and visualization of the Website from a computer/tablet or personal telephone.

The legitimacy of the intellectual or industrial property rights over the Contents that could be contributed by the Users is their exclusive liability, who will be liable face to any claim from third parties derived from the illicit use of the Contents that they could contribute through the Website.

5.- Data Protection

The use of this Website may require the Users to provide personal data. SECONDPROP treats this type of information in accordance with the applicable legislation, which is included in its Privacy Policy: https://www.secondprop.com/es/politica-privacidad/

6.- Liability and Guarantees

SECONDPROP declares that it has adopted all the necessary measures within its possibilities, and taking into account the current state of technology, to allow the correct operation, and absence of viruses and harmful components on its Website.

However, SECONDPROP cannot be held liable for:

(i)             the lack of continuity and availability of the Contents and Services;

(ii)           the presence of errors in the said Contents or the lack of correction of the defects that may exist;

(iii)         the veracity, integrity, or updating of the data provided by the Users;

(iv)  the interruption of the operation of the Website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, data centers, in the internet system, or in other electronic systems produced in the course of its functioning;

(v)            the presence of viruses or other harmful components;

(vi) any damage caused by third parties that violate or vulnerate SECONDPROP’s security systems.

Exclusion of liability on the prices stated on the web

The prices stated on the Website are merely indicative for the User without any liability attributable to SECONDPROP.

Also, the User acknowledges exclusive liability and assumes all risks derived from the use of the Services. 

SECONDPROP may temporarily suspend accessibility to the Website without prior notice due to maintenance, repair, updating, or improvement operations. However, whenever the circumstances allow it, SECONDPROP will notify the scheduled date for the suspension of the Services, to the User, with sufficient anticipation.

SECONDPROP is not liable for the use that the Users may make of the Contents included in the Website.

To the extent not prohibited by law, the User expressly agrees to indemnify and hold 

SECONDPROP harmless against each and every liability, expense, damage, and cost including, but not limited to reasonable attorney’s fees and costs related to all claims, charges, and investigations that may be filed by third parties against SECONDPROP. 

7.- Duration and Modification

The Terms and Conditions hereunder will be in force indefinitely, and SECONDPROP may make changes to the conditions specified therein, which will come into effect from the moment that they are published.

SECONDPROP may delete, add, or change both the Contents and the Services it provides, as well as the way how they are presented. The conditions that are published at the time when the User accesses the SECONDPROP Website are understood as valid.

Access and/or use of the Website will be understood as an acceptance of these Terms and Conditions herein by the User and, where appropriate, the changes made to them.

8.- Hyperlinks

SECONDPROP does not assume any liability for the links to other applications or Websites found on the SECONDPROP Website, being able to direct the User to other applications or Websites over which SECONDPROP has no type of control.

In this sense, SECONDPROP is not liable for the information contained in these third-party links or for any effects that may arise from the said information.

Therefore, the inclusion of links to other Websites or applications does not imply the approval of their contents by SECONDPROP or the existence of any kind of association between SECONDPROP and their owners.

Consequently, the User accesses the Contents under its sole liability and under the conditions of use that govern them.

9.- Safeguarding and Interpretation

These Terms and Conditions are an agreement between each of the Users and SECONDPROP.

If the competent authority declares that a provision is illegal, invalid, or unenforceable, the said declaration with respect to one or more clauses shall be understood notwithstanding the validity of the remaining clauses.

10.- General Information

SECONDPROP will pursue the breach of these Terms and Conditions, as well as any improper use of its Website by exercising all civil and criminal actions that may correspond to in Law.

11.- Notices

SECONDPROP may make the proper communications via the email address provided by the Users in the registration forms or through any other means provided in the User’s contact details.

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