1.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING YOUR PRODUCTS (AS DEFINED BELOW) FOR REVIEW BY HOMBOO PROFESSIONAL, YOU WARRANT AND REPRESENT THAT YOU ARE A CUSTOMER, AND YOU ACCEPT AND ARE BOUND BY THESE CUSTOMERS' TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU UPLOAD PRODUCTS ON BEHALF OF YOURSELF OR A COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND YOU OR ANY SUCH ORGANIZATION OR COMPANY TO THESE CUSTOMERS' TERMS.
YOU MAY NOT PLACE YOUR PRODUCTS FOR SALE ON THIS WEBSITE OR IN ANY WAY USE ITS SERVICES IF YOU (i) DO NOT AGREE TO THESE CUSTOMERS' TERMS, (ii) ARE NOT THE OLDER OF (A) 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Customers' Terms and Conditions for the Use of Homboo Services (these "Customers' Terms") apply to the use of services through Homboo (the "Website"). These Customers' Terms are subject to change by Inversiones Digitales Homboo, S.L. a Madrid corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Customers' Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Customers' Terms prior to uploading any products to be available for sale through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Customers' Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. As such, all Website Terms of Use apply to you. You should also carefully review our Privacy Policy before placing your products for sale through this Website (see Section 9).
2. Service Provided. Homboo facilitates a service, which allows Homboo customers (the "Users") to Up-load lots / lands (in CAD o any other digital format) to check and fit plans for Sale on Homboo site, pursuant to the Customers' Terms and conditions set forth in this Agreement and the Website Terms of Use, like you, using the Homboo.com website. Only registered Users can buy on Homboo; registration is free of charge
3. Offer of the Products for a Fitting Process. You agree that, once you upload the Products (The Jobsite / Land) on the website, the Website will generate fitting alternatives to best suit selected projects on such lot / land, under these Customers' Terms and the Website Terms of Use, the Products. While we do not prescreen all Products, we will not be obligated to display the Products, in our sole and absolute discretion, they fail to meet any legal, technical, aesthetical or any other applicable standards for publication on the Website. We may choose to remove the Products from our Website at any time and for any reason whatsoever.
4. Prices and Payment Customers' Terms. Generally, the Fitting process could be subject to fees and costs, If such, these fees and costs will be shown on the Homboo. Homboo will collect a servicing fee as indicated when you upload the Products as compensation for its services. We reserve the right to periodically review and change purchase prices of the Service; to increase the prices of fast-selling Products; to decrease the price of slow-selling Products to apply promotions and discounts to the purchases of Service. In case of price variations, we will provide such fee changes specifying the new price at which the Services will be offered on Homboo.
5. Content
(a) When you upload the Products, you retain your ownership rights in the Products and you grant us an irrevocable, perpetual, non-exclusive, transferable, free, worldwide license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such Products, for any purpose in connection with the Website or the promotion of the Website, and to prepare derivative works of, or incorporate into other works, such Products in connection with the Website or the promotion of the Website.
(b) You also hereby grant each User purchasing the Products a License, as such term is defined in the Website Terms of Use.
(c) You acknowledge and agree that: (1) we act only as a Service Provider for the online distribution and publication of the Products. We make no warranty that the Products are made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Products; (2) we have no responsibility or liability for the deletion or failure to store any Products, whether or not the Products was actually made available on the Website; and (3) any and all Products submitted to the Website is subject to our approval. We may reject, approve or modify the publication and offer on the Website of your Products at our sole discretion.
(d) You represent and warrant that your Products:
(i) do not and will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
(ii) do not and will not violate any law or regulation;
(iii) do not and will not be defamatory or trade libelous;
(iv) do not and will not be obscene or contain child pornography;
(v) do not and will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
(vi) do not and will not contain material linked to terrorist activities.
(vii) do not and will not include incomplete, false or inaccurate information about User or any other individual;
(viii) do not and will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(e) Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
(f) We provide unmonitored access to third party informatio, including User feedback and articles with original Products and opinions (or links to such third-party Products). We only act as a portal and have no liability based on, or related to, third party Products on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
(g) The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the Products, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party Products, links to third party Products and/or websites is at your risk.
(h) In relation to deletion or hiding of any information or Products, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of Products or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
6. Delivery of the Products. We will arrange for the electronic or physical delivery of the Products to the User. Please check the individual product page for specific delivery options. We are not liable for any delays in shipments.
7. Indemnification.
(a) BY CHOOSING TO SELL YOUR PRODUCTS THROUGH THE SITE, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISK, DANGERS, AND HAZARDS, AND YOU AGREE THAT THE WE ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY YOU OR THE PRODUCTS WITH RESPECT TO ANY PERSON OR PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT INCORRECT LOT / LAND PLANS MAY RESULT DIFFERENCES TO ACTUAL "PHISICAL" LOT / LAND IN CONSTRUCTION DEFECTS WHICH CAN CAUSE ECONOMIC LOSSES AND PERSONAL INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY. YOU WILL DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE US FROM AND FOR ALL DAMAGES, LOSSES, COSTS, JUDGMENTS, SETTLEMENT PAYMENTS OR EXPENSES (INCLUDING LEGAL FEES) INCURRED BY US OR PAID TO ANY PERSON IN RESPECT OF ANY ACCIDENT, INJURY, LOSS, OR PROPERTY DAMAGE, HOWEVER CAUSED RESULTING FROM, ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH THE USE OF THE SITE OR THE PRODUCTS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO EXERCISE FULL CONTROL OF OUR DEFENSE AT YOUR EXPENSE PURSUANT TO THIS SECTION 8(B) AND WE SPECIFICALLY RESERVE THE RIGHT TO: (1) SELECT COUNSEL OF OUR CHOICE TO DEFEND AGAINST ANY CLAIMS; AND (2) TO SETTLE ANY CLAIMS, WITH OR WITHOUT PRIOR NOTICE TO YOU.
(b) FOR PURPOSES OF THIS SECTION "WE" INCLUDES INVERSIONES DIGITALES HOMBOO S.L. AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS.
8. Privacy. Our Privacy Policy,
www.homboo.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
9. Governing Law and Jurisdiction. All matters arising out of or relating to these Customers' Terms are governed by and construed in accordance with the internal laws of the State of Madrid, España without giving effect to any choice or conflict of law provision or rule (whether of the State of Madrid, España or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Madrid, España.
10. Waiver of Jury Trial. YOU HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE CUSTOMERS' TERMS. YOU REPRESENT AND WARRANT THAT THE WAIVERS CONTAINED IN THIS SUBSECTION HAVE BEEN VOLUNTARILY MADE AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH COUNSEL OF YOUR CHOICE.
11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Customers' Terms. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Customers' Terms.
12. No Waivers. The failure by us to enforce any right or provision of these Customers' Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Homboo.
13. No Third-Party Beneficiaries. These Customers' Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
14. Notices.
(a) To You. We may provide any notice to you under these Customers' Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Customers' Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to [SELLER NAME AND ADDRESS]. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
15. Severability. If any provision of these Customers' Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Customers' Terms and will not affect the validity or enforceability of the remaining provisions of these Customers' Terms.
16. Entire Agreement. These Customers' Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Customers' Terms.
Accept the terms and conditions.