Terms and conditions of use


FIRST (Background).

1.1.- planorbe (hereinafter the “Licensor”) has independently and autonomously developed a set of computer programs and applications, jointly referred to as the “software”. The purpose of the “software” is to assist - through the automation of processes - real estate developers, real estate agents, investors and end consumers.

1.2.- The “software” has been developed for use on web platforms or platforms directly linked to the Internet. All trademarks, logos, distinctive signs, technologies, object and source code, processes, graphic designs, interfaces and other content protected by intellectual property regulations are the exclusive property of planorbe.

1.3.- The “software” allows Users to access different tools and functionalities according to their preferences and the role consensually assigned to them by the platform. In all cases, planorbe grants its Users a non-exclusive and eventually onerous license to use it solely on a personal basis and within the scope – according to the User category – established in this document.

SECOND (Object).

The purpose of this document is to establish the TERMS AND CONDITIONS applicable to the different users of the “software” in accordance with the scope of the licenses granted. The use of the "software" implies full knowledge and acceptance of these TERMS AND CONDITIONS, as well as the decisions that planorbe adopts in accordance with the law on unforeseen issues.

THIRD. (Software Benefits).

3.1.- The "software" makes available to its Users (according to their category) automated tools and processes that facilitate the consultation and completion of real estate deals. It mainly involves: a) a platform that allows the promotion of properties; b) access to a search engine that allows access to real estate offers; c) tools and functionalities that facilitate the negotiation of commercial terms and the completion of real estate deals; d) provision of an email account with the domain “@planorbe” and e) access to dissemination material, services or information of high added value made available or offered by planorbe.

3.2.- The following categories of Users are established:

a.- “Seller User”. These are Users who hold a usage license that mainly allows them to offer and promote real estate through the different dissemination media available on the website, negotiate commercial terms and accept or reject offers.

b.- “Expert planorbe User”. These are Users who hold a usage license that allows them, mainly, as independent agents, to manage clients in an advanced stage of interest in purchasing. They have features that enable them to contact “Seller Users” and “Buyer Users”, access value-added information regarding the preferences of both, and have computer tools that facilitate the negotiation of commercial conditions in order to close real estate deals.

c.- “Client User”. These are Users who hold a user license that allows them, mainly, to interact with a search engine that returns results according to their preferences, make inquiries and offers on properties and close real estate deals with the parties involved.

3.3. In order to use the "software", Users must accept the TERMS AND CONDITIONS of use, comply with the subscription process and, eventually, pay the price of the user license if any of the conditions under which this price is accrued are verified.

3.4. Users will be holders of "log in" credentials and personal, unique and non-transferable passwords. The actions performed by Users once authenticated and entered the site are deemed to be the issuance of their will for all legal purposes. The use of access and security credentials is deemed to be the use of an electronic signature of the “User” in accordance with the provisions of Law 18,600 of the Eastern Republic of Uruguay,

3.5. planorbe reserves the right at any time to modify “the software”, altering, incorporating or deleting segments orfunctionalities, as well as to make changes to its processes and interfaces. It may make these variations at its sole discretion and discretion.

FOURTH. (Concerted Businesses).

4.1. Users may freely negotiate the conditions of the businesses they agree to through the "software", being legally bound by the offers and conditions they publish and accept through the Site.

4.2. Without prejudice to the provisions of the preceding point, it is the burden of the parties involved - therefore excluding any liability of planorbe - to perfect and formalize any transfer of domain business, whether accessory, preparatory or principal, in order for it to be capable of producing legal effects and binding the parties among themselves in accordance with the provisions of the applicable regulations according to the corresponding jurisdiction. In accordance with the provisions, each party shall bear the taxes, duties, fees and in general any burden that the current regulations place on it, with planorbe being alien to the tax or legal responsibilities of the parties.

4.3. planorbe shall not be liable in any way for any obligatory relationship established between the different Users, nor for any contingency that may arise in the businesses that the parties agree to. Nor shall it be liable in any way for the obligations or contingencies that may arise from the participation of third parties in the business processes.

FIFTH. (Price).

5.1. The Seller and Client Users will pay planorbe a price equivalent to 3% of the amount of any domain transfer operation or similar legal operation agreed through the platform for the use of the software. By agreed through the platform it means that at least the parties have initially contacted each other through planorbe whether or not they have continued the marketing process through planorbe or not.

5.2. planorbe may agree on promotional or differential access prices, as well as benefits and financial incentives based on particular characteristics associated with specific businesses or Users.

5.3. planorbe may establish other prices for different types of Users in the subscription processes.

SIXTH. (Information).

6.1. planorbe may process the information and operations carried out by its Users. This information may be used to provide value-added information to other Users or third parties, provided that it is treated statistically, disassociated from the individual Users in particular, and in compliance with the provisions of the "Privacy Policy" document attached to the Site.

6.2. planorbe may send or make available to its Users commercial information that has been made available by other Users or third parties freely. This information provided is merely indicative and should not be considered as professional or technical advice. Users declare that they carry out their business and operations according to their own criteria and independent sources of information and will therefore be solely responsible for the operations they carry out using the "software".

6.3. planorbe is not responsible, directly or indirectly, for the information, its truthfulness and/or accuracy, published by planorbe Users.

SEVENTH. (Personal Data).

The regulations regarding the collection, use and storage of personal data are regulated in the attached document (Privacy Policy) which is considered an integral part of these TERMS AND CONDITIONS with equal value and force.

EIGHTH. (Responsibilities).

8.1. planorbe does not guarantee or assume any responsibility for the behavior or conduct of its Users. Its function is limited solely to providing access to the software it owns, providing support and maintenance for it, and fulfilling the services directly linked to the use of the software.

8.2. planorbe does not guarantee the continued and error-free operation of the “software”. Nor is it obliged to make any backup of the information, communications and publications made by the Users. Its obligations in this regard are limited to retaining the essential information for the correct operation of the “software”, without prejudice to the relevant obligationsrelating to personal data.

NINTH. (Exoneration).

9.1. Users exonerate planorbe from all civil, commercial, labor, tax, criminal, administrative or any other liability that may arise from their use of the software or as a result of the relationships established between them.

9.2. Users specifically declare that they are aware of and are bound by all national, departmental and municipal regulations applicable to domain transfer transactions relating to real estate, according to the applicable jurisdiction.

TENTH. (Term of Contract).

10.1. planorbe may terminate the license of use and block any User at any time if it detects that the software is being used for purposes contrary to these TERMS AND CONDITIONS or applicable regulations. Likewise, it may block or delete Users if it understands that they engage in unfair or irregular commercial practices or those tending to deceive or distort business.

10.2. Outside of the cases specifically provided for, planorbe may terminate the licenses of use that it provides in a general and definitive manner, for all its Users, by giving 30 calendar days' notice.

ELEVENTH. (Modifications).

These TERMS AND CONDITIONS may be modified by planorbe at any time, provided that it notifies Users of any changes made. In all cases, the changes will come into effect on the fifth business day after they have been published on the Website, or informed to the User via the email provided during the subscription process.

TWELFTH. (Applicable Legislation and Jurisdiction).

12.1. These TERMS AND CONDITIONS shall be interpreted in accordance with the legislation in force in the Eastern Republic of Uruguay. Any dispute relating to compliance with the obligations arising herefrom shall be resolved before the Courts of the city of Montevideo.

12.2. Businesses related to real estate shall be subject to the rules according to the applicable jurisdiction.

THIRTEENTH. (Miscellaneous provisions).

13.1. The failure to exercise any of the rights and obligations established herein does not constitute a waiver of the whole or of other rights of the relationship regulated, unless this is stated in writing and signed by the waiving party.

13.2. The eventual nullity, total or partial, that could be declared with respect to any of the clauses contained in these TERMS AND CONDITIONS, will not affect or influence, in any way, the remaining stipulations, which will be maintained in their entirety with the same force and legal force.

13.3. All contents of the website / application referenced, whether visible, auditory or those that allow its operation, are protected by intellectual property rights and are the exclusive property of planorbe, their reproduction, copying or unauthorized use for any purpose being prohibited.