2. Changes in the Condition
Occasionally, we may modify these Conditions to comply with any regulatory requirement or if there are changes in our business practices. Whenever reasonably possible, we will inform you of any substantial changes to these Conditions. However, check them every time you use our Application to make sure that you understand the applicable conditions at all times. Your use of our App will be subject to the most recent version of the Conditions that is available therein. We recommend that you periodically read the Conditions available in the App to keep you informed of any changes that may affect you.Occasionally, we may modify these Conditions to comply with any regulatory requirement or if there are changes in our business practices. Whenever reasonably possible, we will inform you of any substantial changes to these Conditions. However, check them every time you use our Application to make sure that you understand the applicable conditions at all times. Your use of our App will be subject to the most recent version of the Conditions that is available therein. We recommend that you periodically read the Conditions available in the App to keep you informed of any changes that may affect you.
3. Access and use of the Application
At this time, the App is available for free for your personal and non-commercial use. We cannot guarantee that access to the Application or any of its contents will always be available or not interrupted. You will not misuse the Application by deliberately infecting it with viruses, Trojans, worms, logic bombs or any other malicious or technologically damaging material. You will not attempt to obtain unauthorized access to the Application, the server on which it is hosted or any server, computer or database connected to it. You will not attempt against the Application with denial of service attacks or distributed denial of service attacks. We will report any infraction of this type to the corresponding police authorities and we will collaborate with said authorities, revealing your identity. In case of such breach, your right to use the Application will cease immediately.
4. We do not sell or rent real-estate products
The Application is a search engine for housing of all types to buy or rent Apartment, Villas, Houses or any type of residential property, without an intermediary with maximum transparency between the parties who are involved in the same deal. Koloxo Home hosts the contents, including prices, images and other information, obtained from the Users, owners, tenants that these make available (“User Content”), as well as the contents provided by users, for example, comments, ratings or more types of information. Koloxo Home assumes no responsibility for the accuracy, quality, integrity, reliability, timeliness or credibility of the content or influences it. In particular, we do not guarantee that the Content of the Users, in particular the reflected prices, will be updated in real time, nor that a specific property will be available. Therefore, the price that shows a property in other channels may not correspond to that shown in our Application. The valuations of the Properties shown in the Application are included only as a general guide and we cannot guarantee their accuracy or that of any User Content.
5. How to use the application
5.1 Creating an account…
- The *signup/login page* is an option from the homepage and shows options to both log in and sign up. Logging in should be self-explanatory
- The process of signing up is the same for owners and potential tenants. Since owners and tenants need to add different information to the app, that extra information will be asked when: A/ Owner wants to list an ad for a property B/ Potential tenant wants to submit an offer for a property.
- signing up requires the user to fill in their information. This includes all basic details.
- An account created at Koloxo Home is fully integrated with koloxo.com and its database.
5.2 Reputation profile Before a registered user wishes to submit an offer for a property, they must add data to their reputation profile. This includes multiple options that the user can use to boost their reputation. They can upload documents (e.g. bank statements, income statements, monthly earnings, etc.) They also have a section to add previous properties that they have rented or bought, which displays the type of property rented/bought, the area of the property, the price, and the phone number of the owner/landlord. This is for the use of the owners to review this profile.
5.3 Making a search
- Being a tenant wanting to find a place to buy or rent orBeing an owner wanting to find a tenant to rent or sell, you do not need to sign in yet.
- As a tenant looking for a place, you choose the search option within the UI *homepage* and the search process begins. You’re navigated to a new page and faced with two options: to buy or rent.
- Choosing either takes you to their respective databases and their search, which consists of all filters which the user can use. The search filters are selected by tapping on several categories and seeing their subcategories, for which they can use to filter their search. User will always be asked the intended date for which they want to move in.
- Upon finishing their search, they are shown an interactive map that displays all the properties that are available, somewhat available, and unavailable.
- Users are also given the option to change or refine their search.
- Users always have the option to navigate back.
- Users have the option to save their search. This saves all the parameters or filters that they had placed for that search, and allows users to repeat that search at another time to view updated listings. There’s no need to be logged in for this feature.
5.4 – Available, Somewhat Available, Unavailable
- Available properties are available from the date specified by the user.
- Somewhat available properties are available around the date specified by the user.
- Unavailable properties are properties that will be available far from the date specified by the user.
- Available: shown in green lights
- Somewhat available: shown in yellow lights
- Unavailable: shown in red lights There will be a legend to indicate what the different color lights mean.
5.5 Picking a property Once the user chooses a property from the map by clicking on a light, they enter the page of the property, which shows all specifications of that property, which are mentioned in the diagram. These specifications are shown in a list format as categories that can be opened to show their details within. Now, the user can choose to view any of the information besides two important points which they cannot see unless they’re logged in. These two points are the title deed of the property and the owner’s profile. These points are still possible to click on, but when clicked, user will be asked to log in or sign up. User can also mark a property as favorite, which will save that property for the user to view later, and this saved link will be in the *My favorites* page within the *My profile* page. Shown in the diagram.
5.6 Buying/renting a chosen property
- The user has now picked a property and has decided to move forward with it. There will be a big visible button at the middle/top of the screen that says either buy or rent depending on whether the property is placed for rent or sale.
- Once the user clicks on this button, they will be prompted to *login or signup* if they have not done that yet.
- When fully logged in, the user is brought back to the *property page* that they were in from before and will confirm their decision by tapping on a button to push a notification to the owner to submit their offer. The owner receives this notification and enters the app and in their *notification page*, they can view their offers and review the potential tenant by looking at their profile, which they will be linked to by the app.
- Once the owner reviews and accepts this possible tenant, the process will be continued through a private chat room between the owner and the potential tenant.
5.7 – Private chat with the owner
- After the potential tenant has submitted an offer for the property, the owner will be notified via App notification and must review and accept the potential tenant by viewing their *profile* and accepting that they’re ok to discuss further by flicking a switch or tapping a button. If the owner has required seeing a reputation profile, the tenant must have that profile filled with the minimum information for the owner to see. If tenant doesn’t have this, they cannot proceed to submit an offer and will be notified to fill this profile in first.
- Once the owner accepts, a notification sent by the app to the potential tenant that they have been matched and can begin a chat with the owner.
- Here, the two may discuss over price, date, and other specifications. However, the chat window that opens has some aspects highlighted at the top of the chat screen, which will always be visible. This shouldn’t take up too much space, but will indicate some points that have already been agreed by the parties. These points include the property title (location, # of bedrooms), price, and dates to live.
- If the owner wishes to include a current tenant in the chat, he/she has the option to add them to the chat by *looking up their profile* or sending an invitation email if the current tenant has not signed up yet. This is visible in a *chat settings* window. The potential tenant has no capability to add anyone to the chat. The owner can add only one other person to the chat.
- Once an agreement has been reached, both parties (only owner and tenant) within the *chat settings* window must formalize and make official the agreement. When doing this formalization, the app will ask some questions regarding the nature of the agreement (names, dates, etc.) that will be necessary later when generating a contract.
5.8 Making the deposit
- Once the agreement has been formalized in the *chat settings* page, that chat in the tenant’s *my matches* page will be changed to a different look: The tenant’s view:
5.9 Contract Once the deposit has been made, a contract is generated based on the information given by both parties. This contract will be emailed to both parties’ emails as a pdf document. At any point, should any ‘registered user’ have any legal questions, they may start a new chat with the Koloxo Home legal department of the country they are in.
5.10 Final steps – rating After finalizing the agreement and the tenant is planning to move in by paying the deposit, the owner and the tenant are both asked to review their experience with each other by giving a rating out of 5 stars. A link will be sent to the parties’ emails to the app, this takes them to the *my matches* page to complete their review. This happens after the initial deposits was paid and after the tenant has completed his/her stay at the property. If no deal went through, the app will know this if the tenant and owner haven’t chatted with each other for a certain period of time or if the intended move in date for the tenant has passed. After this point of acknowledgment, the app will ask both parties to rate their experience. If a deal has gone through, the app will automatically build the tenant’s reputation profile by adding an item to their list of properties rented/bought. This piece of information includes the type of property rented/bought, the area of the property, the price, and the phone number of the owner.
5.11 Adding a property
- An owner/landlord can publish an ad on the app for a property by choosing in the homepage: I’m looking for a tenant.
- The owner will be prompted to answer whether the property is for rent or sale.
- They enter the form page to fill in all mandatory data first. In the diagram, these are the red lines.
- Once filled in the necessary details, the will be shown other specifications that they can add. The owner will be told that the more information they put, the better their chance is when a potential tenant is searching for a property.
- The owner’s work (filling in data) is auto-saved and can be completed at a later time in the *my ads* page within the *my profile* page. This will be indicated somewhere on the screen.
5.12 – Titile Deed One of the required details for an owner placing an ad is to upload the title deed of the property. This title deed is only visible to registered users you have submitted an offer for the property and it has been accepted. A potential tenant can however see that a title deed IS uploaded and IS verified before submitting an offer. This means, a title deed that an owner uploads must be reviewed by the KoloxoHome legal department. This requires a separate application that provides this document to our lawyers, allows them to mark them verified, and keeps records of these verifications. Once verified, the verification should be reflected on the app for potential tenants that are viewing that property.
5.13 Publishing ad Once the owner has completed filling in the mandatory information and all other information, the ad will go live in the app’s database and will be available for search. The owner will not be required to wait for their title deed to be verified by the Koloxo Home legal department. This ad and all other ads that an owner publishes will be available for viewing at the *My ads* page within the *My profile* page, accessible from the homepage.
6. As a condition of using our Application, you agree
that you are at least 18 years old, that you have the capacity to act sufficiently to be bound by a contractual relationship, that you will use the Application according to these Conditions, that you will only use the Application for private purposes, in order to search for legitimate property offers, that if you use the Application on behalf of a third party, you will be informed of the Conditions that apply to searches or reservations you have made on your behalf, including all applicable rules and restrictions. That all the information you provide in our Application is true, accurate, current and complete and That, in case of having a Koloxo Home account, you will protect the information in your account, supervise it and be fully responsible for the use that you or any other person other than yourself makes of it. We reserve the right, in our sole discretion, to deny access to anyone to our Application and the services we offer at any time and for any reason, including, but not limited to, breach of these Terms.
7. Obligations of the user and prohibited activities
As a user of the Application, you are responsible for all User Content (text, photos, reviews, links, etc.) that you share in Koloxo Home. You must ensure that you have all rights to any content that you post in the Koloxo Home Application and that the User Content you post in the Koloxo Home Application does not infringe the rights of third parties. In particular, you will not create or share any User Content: • that it is covert advertising with the appearance of a criticism, outside the normal framework. • that is not objective or that is deliberately false, • that is immoral, pornographic or offensive in any other way, • that infringes the rights of third parties, especially intellectual or industrial property rights, • that infringes in any way the current legislation or constitutes a criminal offense, • that contains viruses or other computer programs that may damage the software or hardware, or that may harm the use of computers, • that it is a survey or chain letter or • that aims to collect or use personal data of other users, especially for commercial purposes. In addition, you accept: • not use our Application or its contents for commercial purposes; • not access, control or copy content or information from our Application through robots, spiders, scraping (information extraction programs) or any other automated means or manual process, whatever the purpose, without our express written authorization; • not to infringe the restrictions of the exclusion headers of indexing robots of our Application or to avoid other measures used to prevent or limit access to our Application • not to carry out actions that impose or may impose what, in our opinion, results in an excessive or disproportionately high burden for our infrastructure; • not reproduce (by framing), replicate (in the form of mirror website), or incorporate in any way any section of our Application on any other website, without prior written authorization from us, which we may withdraw at any time to our exclusive discretion. If the activity you perform in our Application will show signs of fraud, abuse or suspicious activity, Koloxo Home may deny your services and close any account that you have associated with Koloxo Home. If you had carried out any fraudulent activity, Koloxo Home reserves the right to take any necessary legal action and could be liable for the loss of profits caused to Koloxo Home, as well as court costs and compensation for damages. To challenge the cancellation of a reservation or the freezing or closing of an account, please contact the Koloxo Home customer service by sending an email to [email protected].
8. Intellectual property rights
We are the owner of all intellectual and industrial property rights of our Application, Concept, and its Content, as well as the infrastructure used to provide such Content. It is not allowed under any circumstances to copy, distribute, transmit, display, perform, reproduce, publish, authorize, create derivative works, transfer, sell or resell in any way any information, software, products or services obtained from this Application. If you copy or use any section of the Application in breach of the Terms, your right to use the Application will cease immediately, and you will have to destroy all copies that you have made of the materials. You agree not to generate automatic impressions of pages or content of the Application.
We cannot guarantee that our Application Is always available, has no interruptions, is secure or free of faults or viruses, or contains no errors or omissions. We will not be responsible for any delay or failure that is due to force majeure or reasons beyond our reasonable control, including, among others, failures due to unforeseen circumstances or causes beyond our control, such as acts of war, terrorism , riots, seizures, actions of civil or military authorities, fires, floods, accidents, strikes, epidemics or other natural disasters, shortage of transport services, fuel, energy, labor or materials, or breakdowns in public telecommunications networks or private.
10. Our responsibility is limited
Koloxo Home is responsible for the suitability of the content shown in our Application only in the part filtered by ourcontrol. All content and any other information provided in our Application by users “as is”, without warranty of any kind. Koloxo Home is exempt from any guarantee or obligation that this Application, its servers or any e-mail sent by Koloxo Home do not contain viruses or other harmful components. Hereby, Koloxo Home is exempt from any warranty or obligation with respect to any Content or any other information provided on our App, including all implied warranties and conditions of merchantability, fitness for a particular purpose, ownership and legal adaptation. Users are independent from Koloxo Home and are not agents or employees of Koloxo Home. Koloxo Home is not responsible for the actions, errors, omissions, statements, warranties, infractions or negligence of any of them, including damage, death, material or other damages or costs arising from them. Koloxo will not be responsible for any cancellation, overselling practice, strike, force majeure or other causes beyond its direct control. Koloxo is not responsible for guaranteeing uninterrupted access to our Application and will be able to carry out technical or maintenance work in it when it deems appropriate. Koloxo Home will not be responsible in any case for direct, indirect, punitive, incidental, special or derivative damages that arise or are related to your access, display or use of this Application or with the delay or inability to access, display or use this Application including, among others, its reliability based on the opinions that appear in the Application, any computer virus, information, software, linked sites, products and services that are obtained through the Application or that are derived otherwise by accessing to it, to show it or to use it, either on a legal basis of negligence, contractual, tort, strict liability, consumer protection, or in any other way, even if Koloxo Home had been notified of the possibility of such damages. The limitation of liability reflects the distribution of risk between the parties. The limitations specified in this section will remain in force and will be applicable, even if it is determined that any limited remedy, specified in these Conditions, has not fulfilled its main objective. The limitations of liability expressed in these Conditions will remain in effect upon termination of your relationship with Koloxo Home. None of the provisions contained in these Conditions will exclude or limit our liability for A. death or personal injury resulting from any negligence. B. fraud or fraudulent manifestation on our part or C. any other liability that cannot be excluded or limited by law.
11. Resolution of disputes