Latest update: July 2019
Brief summary for if you’re short on time
We want to provide you with clear and transparent information about oktoco. We know that legal texts are as impenetrable as they are important, so to make it a bit simpler for you we’ve briefly explained below about who we are, what services we offer and what you can and cannot do:
Who are we?
OktoCo (“oktoco”, “the site”, “site” or Toma Kiwana S.L., as our legal name has it) is the company that manages the Website and Apps. Our headquarters is in Spain, Chiclana de la Frontera in the Plaza de las Cortes. We are registered in the Register of Companies of Cádiz (Registro Mercantil de Madrid) and our NIF tax identification number is B72322381.
What services do we offer?
We offer a space where you can post or search for listings of properties for sale and rent, whether they’re apartments, single rooms, parking spaces or any other type of property. We also offer other services related to the real estate sector such as property valuations and create market data and analysis to provide you with a complete and transparent experience, across the pan-African and the middle eastern property space.
What you can and cannot do on OktoCo
You can surf the Website and Apps, sign up to be able to save your searches and favorite properties, contact advertisers, publish properties to sell or rent, and hire other additional services from us.
You may not damage third parties or OktoCo, break the law, use automatic mechanisms to copy or extract our content, create false contacts nor use the user access details of other people without their permission.
If you are an advertiser, we recommend that you read our rules for publishing listings in detail.
Who owns the content of the Website and Apps?
OktoCo is the owner of all the content, images, brands, logos, videos, texts, etc. that appear on the Website or Apps (or they are from third parties who have given us their permission). By sharing material on OktoCo, you authorize us to keep using it even when your listing is no longer on the website for our price reports and historic references of the real estate market, for example. You also consent that we may use images of listed properties for marketing purposes, be it on social media, print, video or advertising on any platform.
Now comes the part that will put your knowledge of the English language to the test, where the legal jargon (which is what is really legally binding) shines in all its glory. This might be a good time to get a loooong cup of coffee and get into it! Here we go
- Purpose and overview
- Access and acceptance of the General Conditions
- Conditions of use and responsibility for use of the Website and Apps
- Publishing listings
- Rules for publishing listings
- Additional Services
- Intellectual and Industrial Property
- idealista’s responsibility
- Contracting with third parties through the Website and Apps
- Links or hyperlinks to the Website and Apps
- Personal data protection
- Term and duration
- Applicable Law and Jurisdiction
1. Purpose and overview
Toma Kiwana S.L. and any Operators (hereinafter, “OktoCo)”, “us” or “we”) is making these terms and conditions (“General Conditions”) available to you. These govern the access to
- use, browsing and, where relevant, registration, of the website held under the domain www.oktoco.com well as its respective subdomains and the mobile apps owned by OktoCo (hereinafter, the “Website and Apps”)
- the downloading and use of any information, text, images or other content (hereinafter, the “Content”) that you might access from the Website and Apps.
Our aim is to increase your awareness of what we do, how our Website and Apps work and the services we provide. At OktoCo, we truly appreciate our users and the trust you place in us when using our services or accessing the Website and Apps is essential. Therefore, we would like to repay this trust by giving you information on our services that is clear and easy to understand.
What is www.OktoCo.com?
Our website, hosted under the domain www.oktoco.com and its subdomains, contains a technology platform that we make available to our users so they can publish listings for the sale or rent of property or search for a property (hereinafter the “Services”).
OktoCo is limited to facilitating contact between users offering properties and those who are looking for properties. OktoCo does not have any involvement in any transactions that may arise from such contact. We are not an estate agency, nor are we involved in selling and/or renting properties. Within this context, we provide some additional services connected with the Services we just described above (hereinafter, the “Additional Services”). There is more information on our Additional Services in Clause 6 of these General Conditions.
Who is OktoCo?
OktoCo is the owner of this Website and the Apps, with the following corporate information:
- Corporate name: Toma Kiwana, S.L.
- Tax Identification Number (NIF): B-72322381
- Registered in the Register of Companies of Madrid, volume 2,219, book 0, folio 112, section 1, page CA-5070
- Registered offices: CCApartaclub La Barrossa, Local 5, 11130 – Chiclana de la Frontera, Spain
- Telephone number: +34 697 61 66 32
2. Access and acceptance of the General Conditions
When accessing or using the Website and Apps, you do so under your own responsibility and assume the role of user (hereinafter, “User” or “Users”) and it is assumed that you have read, understand and unreservedly accept these General Conditions in their latest published version. In the event that you use additional services requiring registration, whether as a private user or professional user, you will become a registered user (hereinafter, “Registered User” or “Registered Users”). This likewise assumes that you accept the specific conditions that replace, add to and/or modify these General Conditions (hereinafter, “Specific Conditions“) as they apply in each case. There is more detailed information on our Additional Services in Clause 6 of these General Conditions.
We reserve the right to extend, modify, substitute and/or cancel our Services and/or these General Conditions at any time, without prior notice and without giving rise to any liability or indemnity on the part of OktoCo. We will do our best to notify you of any changes to the General Conditions. In particular, if you are a Registered User, we will notify you of any changes to the Terms and Conditions by email to the email address you provided to us during registration. We will also change the date of the “latest update” located at the top of these General Conditions. However, we advise you to review these General Conditions frequently to be aware of any changes we may have made.
If you access the Website and Apps or use the Services after any change is made to the General Conditions, you will be expressly accepting the new General Conditions.
If you do not agree with these General Conditions or with any changes that may be made to them, you will need to stop using the Website and Apps as well as the Services. If you continue to use them, it means that you accept the General Conditions.
To clarify, the present General Conditions and the Specific Conditions, where applicable, will apply to both private Users and professional Users.
Back to index ↑
The Services provided by OktoCo are not intended for minors under 18 years old. By accessing or using our Website and Apps or Services, you state and guarantee that you are 18 years old or over.
Back to index ↑
4. Conditions of use and responsibility for use of the Website and Apps
Your use of the Website and Apps must at all times comply with these General Conditions and the Specific Conditions, where applicable, as well as applicable law, good morals, decency and public order.
You may not use any of the above unlawfully, inappropriately or in any way that contravenes any provision in these General Conditions or the Specific Conditions, where applicable. In order to facilitate your browsing and use of our Website and Apps, please see the following list of what you can and cannot do:
- Access and browse the Website and Apps without needing to register, completely free of charge (without prejudice to the Additional Services described in Clause 6 of these General Conditions).
- Register in order to receive new property listings or save property that may be of interest as a favorite.
- Contact advertisers regarding property you are interested in.
- List property for sale or rent (housing, rooms, storage rooms, buildings, garages, commercial property, offices or land) that you own or manage.
- Sign up for additional services connected with the property you are listing on the Website and Apps.
- Disseminate or publish
- Content that is racist, xenophobic, obscene or derogatory.
- Content that incites, involves, or promotes criminal, violent or defamatory acts on the grounds of age, gender, religion, beliefs, or that involves the defense of terrorism.
- Content that injures the fundamental rights of third parties in any way.
- Information that constitutes illicit or unfair advertising.
- Content that violates the privacy of communication and/or the applicable law with regards to personal data protection.
- False, inaccurate, or fraudulent content that could mislead the recipients of such information.
- Use the Website and Apps for illicit or commercial purposes, for the purpose of making a profit, or for the resale, transfer or disposal for the use or benefit of any other person or entity.
- Cause damage to IT systems owned by OktoCo or third parties, or introduce or spread computer viruses or anything else that could damage the IT systems.
- Carry out acts that in any way infringe on the Intellectual and Industrial Property rights of OktoCo and/or jeopardize the reputation of OktoCo, or of third parties.
- Use the identity and/or access keys or password belonging to another Registered User without their consent.
- Access, control or copy any content or information included on the Website and Apps using any kind of robot, spider, scraper or any other automatic or manual process to do so for any purpose, without our express written permission.
- Violate the restrictions contained in any notice on the exclusion of robots included on this Website, or bypass or circumvent other measures used to prevent or limit access to this Website.
- Take any action that imposes or that may impose an unreasonable or disproportionately large load on our infrastructure.
- Set up a link to any content on the Website and Apps for any purpose without our express written permission.
- Copy, display or otherwise incorporate any content from the Website and Apps into any other website without our prior written permission.
What happens if you do any of these things?
If you carry out any of the above-mentioned actions, you will be liable for any damages arising from such direct or indirect breach of these General Conditions or the Specific Conditions and you agree to hold OktoCo harmless. In the event that these General Conditions or Specific Conditions are breached, we reserve the right to unilaterally cancel, at our sole discretion and without prior notice, the access to, use of and/or registration on our Website and Apps and Services of any User, Registered User or Advertiser, without this in any way giving rise to any form of compensation.
What happens if you detect someone doing any of these things?
If you become aware that any infringement on the rights of OktoCo or third parties is occurring or if any other use contrary to these General Conditions or the Specific Conditions is taking place, we ask you to inform us using the forms provided for this purpose on the Website and Apps or by telephone.
Back to index ↑
5. Publishing listings
You will need to register to be able to publish a listing for your property on our Website and Apps. By doing so, you guarantee that all the data you include in the listing is truthful, accurate, complete and up-to-date. You also guarantee that the property is available at the time of the publication of the listing or will be so shortly, i.e. you will refrain from listing already reserved or rented properties. At OktoCo, we will strive to check the veracity and accuracy of the information published in the listings, but we cannot completely guarantee the veracity of such information. Therefore, you undertake to keep the information provided up-to-date at all times, notifying us as quickly as possible if any of the information becomes outdated or is inaccurate. By publishing a listing you acknowledge that you are the owner of the property you are listing (or duly authorized to list it by the owner of the property) and that you will be solely responsible for the veracity of the information published, and consequently you will be exclusively liable for any damages or any other liability that may arise in this regard.
OktoCo cannot be linked in any way other than as described in these General Conditions and in the applicable laws, and as such, the price and other information contained in the listings regarding the properties does not constitute a commercial offer on our part.
To publish a listing, you simply need to follow the steps outlined on our Website and Apps. Upon completion of the process to publish a listing, if you are a Private Advertiser, you will need to validate the telephone number supplied in the listing and you will receive a confirmation email at the address provided during registration. This validation may carry an additional cost if the telephone number supplied is a landline or an international number.
Back to index ↑
Free services for private users
If you are a Private Advertiser, you recognize that the use of the free service for publication of listings is limited to the publication of a maximum of two properties (for sale and rent), so that you can test our service. You can maintain these properties published for as long as you want, until you sell or rent them, except in the following cases, whereby the publication must be paid for as soon as one of these conditions is fulfilled:
- The property is advertised for sale for an amount equal to or greater than 1 million USD;
- The property is already advertised on OktoCo so it is considered a duplicate listing;
The services offered for Professional Users are subject to the subscription of a contract of services and to the economic consideration established for each of the Services for Professionals at any given time.
Back to index ↑
6. Rules for publishing listings
By using the Services for publishing listings, you agree to:
- Not republish images or publish images with any kinds of frame, watermarks, logos or text.
- Not publish images that are not relevant to the listing (including, for example, empty images, monuments, tourist or commercial areas around the property, animals or people).
- Not publish properties of a different typology than the one contracted (new construction / second hand).
- Not publish properties under a different type of operation to the one contracted (sale / rent).
- Not add more contact numbers than those allowed for the type of package contracted.
- Not add additional telephone numbers or contact emails outside the space intended for that purpose in the listing.
- Not publish properties in areas other than the contracted area.
- Not publish properties that will not be available in the near future, not advertising properties that are already reserved or rented.
- Not publish properties for vacation rental or tourist use.
- Not label a photo of the advertisement as a “floor plan” if it is not of a floor plan.
- Insert the exact address in order to geolocate the property correctly, even if the “hide address” function is activated.
- Not publish inaccurate prices (for example, indicate that the price includes a parking space and add the additional price in the property description).
You accept that OktoCo reserves the right to remove listings that do not comply with these rules of publication or the General Conditions and/or the Specific Conditions, where applicable.
Back to index ↑
Anti fraud measures
In the interest of preventing the fraudulent usage of these Services, you recognize and accept that OktoCo may detain any listings that contain material suspected of being fraudulent or that contravene these Terms and Conditions. Detained listings will not be visible on the Website or Apps until their legitimacy can be verified.
OktoCo retains the right, but not the obligation, to investigate all instances of fraud that are reported by Users, in which case the advertiser must cooperate in the investigation.
By using this publishing service, you recognize and accept that OktoCo is not responsible for any loss or damage, whether direct or indirect, that may result from the fraudulent usage of these Services and, in particular, from the application of the anti fraud measures and mechanisms, including but not limited to:
- loss of income or earnings;
- loss of business;
- loss of profit or contracts; and
- loss of data.
OktoCo reserves the right to implement any other anti fraud measures it considers appropriate or necessary at any given moment.
Through these General Conditions, you agree that when the listing has been published with your consent at the end of the publication process, you will lose the right of withdrawal, based on the provisions of Article 103 m) of Legislative Royal Decree 1/2007 of 16th November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users (“TRLGDCU”).
To clarify, these rules of publication will apply to both private Users and professional Users.
Back to index ↑
7. Additional Services
As we mentioned at the start of these General Conditions, apart from the use of the Website and Apps and Services to connect people offering property with those looking for it by publishing listings, we also provide a number of Additional Services. Specifically, we offer you:
- The Mortgage Consultancy and Management Service.
- Price estimation (it will not be an official appraisal).
- Photo book, video or Virtual Tour 360 services.
- Establishing connections to local Photographers and other real estate professionals
Please note that these Additional Services may be subject to Specific Conditions that are different to these General Conditions.
Back to index ↑
8. Intellectual and Industrial Property
8.1. Material and information contained on the Website and Apps
Through these General Conditions, you acknowledge and accept that all rights regarding the material and elements appearing on the Website (including, but not limited to, drawings, text, graphics, maps, photographs, images, audio material, video material, distinguishing marks, logos, trademarks, trade names, domains, software etc.) belong to OktoCo or, where appropriate, to third parties who have consented to the transfer of the same to OktoCo, consequently, we have all the necessary rights and licenses for the use of such.
The fact that we allow you to access, use, browse, utilize and/or download material from our Website and Apps in no way implies that we waive, transmit or grant any licenses or transfer of our rights, or that you acquire ownership thereof. As a User or a Registered User, you only have the right to strictly personal and private use, solely in order to benefit from the Service. Consequently, you cannot manipulate any identifying element from OktoCo or the respective owners. In particular, the use of any material or elements from the Website and Apps for inclusion in whole or in part on other websites or apps without our prior written permission is prohibited. The use of any element or information in such a way so as to give the impression that it belongs to or is associated with the User or Registered User is likewise prohibited.
Specifically, it is not permitted to re-sell, deep link, use, copy, monitor (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without our prior written permission.
Back to index ↑
8.2. Material published by the User
The material and information you publish on our Website and Apps when using the Services must likewise respect any image or industrial and intellectual property rights that might exist for them.
Through the simple act of uploading, publishing or in any other way sharing information, non-personal data, photographs or any other material with us, you grant us a license with worldwide effect and the power to sub-license to affiliated companies and third parties for the maximum period of time allowed under law.
Specifically, you authorize us to:
- Add OktoCo’s watermarks in order to prevent such photographs from being published by unauthorized third parties.
- Use information about the properties advertised on our website for property valuations and appraisals, price reports, statistical reports and other references in the housing market. Such information may be used even after the respective listings had been removed from the web.
- Copy, distribute, transform or publicly communicate said material.
Back to index ↑
9. OktoCo’s responsibility
Our responsibility is none other than that legally established by Spanish Law 34/2002 of 11th July on Information Society and Electronic Commerce Services (hereinafter, “LSSI” for its abbreviation in Spanish) that states, generally, we cannot be responsible for the information published at the request of Users.
Although we do our best to ensure that all published content is correct, we have no obligation to exercise prior controls over the veracity, accuracy, lawfulness, completeness, appropriateness or suitability of the information or material published on the Website and Apps as this is information stored at the request of Users. However, if for any reason we become aware of any unlawful actions or actions contrary to these General Conditions or the Specific Conditions, we will act with due diligence to remove the relevant information or make it impossible to access in accordance with current regulations.
OktoCo assumes no kind of liability for damages that may arise in connection with the relationship between users arising from their contact or negotiations.
The additional services will be regulated according to their specific conditions, with OktoCo assuming the liability due it under law in connection with the same.
Access to and use of the Website and Apps requires computer equipment or a computing device and an Internet connection, the costs of which you agree to bear yourself.
We are not liable for any charges, encumbrance, claims, conflicts, mortgages, rates, repossessions, census or any other charges that could affect the properties listed on our Website and Apps, and you agree to hold OktoCo harmless with respect to any liability or damages thereby arising.
We are not responsible for the veracity, integrity, accuracy, lawfulness, appropriateness or suitability of the information, materials and/or content available on the websites of third parties which you may access through links on our Website and Apps.
Back to index ↑
10.Contracting with third parties through the Website and Apps
You acknowledge and accept that any contractual or non-contractual relationship, as appropriate, that you formalize with any advertiser, User, Registered User or third party through our Website and Apps or our Services will be carried out solely and exclusively between you and the other party in question. OktoCo will not be part of, or assume any liability whatsoever for such a relationship or for any damages that might arise from it.
Therefore, we advise you to proceed with caution when contacting and contracting any advertiser, User, Registered User or third party through our Website and Apps. If you have any concerns or suspicions that any kind of unlawful activity, fraud or any other actions contrary to these General Conditions are being carried out, we advise you not to formalize any kind of payment or contract and get in touch with us as soon as you become aware of any of the above activity (via the “Have you seen an error?” form available in the listings), and we will do everything possible to help resolve the situation.
Back to index ↑
11. Links or hyperlinks to the Website and Apps
At OktoCo, we are concerned about the integrity of our Website and Apps when they are accessed in a particular way solely by third parties or when they are displayed in an area created exclusively by third parties. In this regard, you must explicitly request and ensure you have the express written permission of OktoCo before deep linking or framing this Website or any of its Contents. If you would like to do this, when contacting OktoCo to request permission you will need to include: a) your name, email address and telephone number, b) the name of your company, c) the address or addresses of the website where the proposed deep linking or framing will appear, d) specific information on the deep linking or framing covered, including the content or pages of the website with which you want to establish the deep linking or framing.
You must not link our Website and Apps with any other website containing inappropriate, defamatory or illegal information, material or themes, or material or information that infringes on any third party’s rights, including any intellectual or industrial property rights. Likewise, you may not set up any kind of framing that allows the Website and Apps to be viewed through an address other than that of the actual Website and Apps in such a way that or that could create errors or confuse or mislead users as regards the true source of the items or services being displayed, or that involves an act of unfair competition (e.g. that can be used to exploit OktoCo’s reputation and prestige, or otherwise, contrary to the law).
Back to index ↑
12. Personal data protection
Back to index ↑
13. Term and Duration
Access to the Website and Apps and Services is, in principle, indefinite, unless otherwise provided in any Clause of these General Conditions, the Specific Conditions or applicable law.
Both the User as well as OktoCo may end the relationship without prior notice at any time.
However, a different duration and the need for prior notice may be established in the Specific Conditions, in the contract signed by professional advertisers or in the applicable legislation. Any Clause of these General Conditions that is or that becomes illegal, invalid or unenforceable will be excluded and deemed inapplicable, being replaced by another clause that resembles it as closely as possible, without this negatively affecting the User, and without giving rise to any compensation whatsoever. In this case, the remaining provisions or clauses are not affected and will remain in full force.
Back to index ↑
14. Applicable Law and Jurisdiction
These General Conditions are subject to the laws of Spain. Any dispute arising will be submitted to and resolved, to the maximum extent permitted under applicable law, by the Courts of Madrid or, where appropriate, by the Courts where the user lives.
We know that reading this all the way to the end has taken you a long time. So thank you. Be blessed.