General terms of use of the Rive service by Kodit IO Espana S.L
These general terms of use (hereinafter, the "Terms of Use") apply to the use of a web service located primarily at Rive Spain (hereinafter, the "Service") provided and maintained by Kodit IO Espana S.L (hereinafter, "Rive Spain"). In addition to these, certain special terms apply to specific parts of the Service. If there is any conflict between these Terms of Use and the special terms of a part of the Service, the special terms shall apply to that part of the Service.
These same user terms also apply to the Rive price estimation tool made available to the user of the Service (hereinafter, the "User") through the Service.
The User declares that they have read these Terms of Use and undertakes to comply with them in all uses of the Service. The Service is intended for users over 18 years of age.
It is necessary to register or provide contact information in order to use certain parts of the Service. Registration is required to use the price estimation tool and contact information must be provided to obtain an estimate, offer, or valuation request for an apartment. When the User registers or provides the Service with contact information or gives Homerun their personal data with consent, the User becomes a customer of Homerun and their data is recorded in the Homerun / Rive customer register. Homerun has the right, if deemed appropriate, to change parts of the freely available Service so that registration is required, or vice versa.
Rights of Kodit IO Espana S.L and responsibility for the Service
As a general rule, the service is available 24 hours a day. However, Rive Spain has the right to temporarily withdraw the Service or part of it for maintenance, equipment installation, general order and security, system overload, or any other compelling reason. Rive Spain does not provide any direct or indirect guarantee of the functionality or features of the Service, nor does it guarantee uninterrupted or error-free operation of the Service.
In addition, Rive Spain has the right to improve and change in all respects the structure and appearance of the Service, its product selection and databases, software, equipment, manual contents and other documentation, service hours, and other parts of the Service. Rive Spain endeavors, whenever reasonably possible, to notify the User in advance of any change or interruption in the Service that is relevant to the User, either through the Service or by any other suitable means of notification. Changes will come into effect as soon as they have been implemented.
Rive Spain is not responsible for the contents of the Service, including links to third-party websites, or for their accuracy, except for data content produced by Homerun. Rive Spain has the right to remove any material on the Service that it considers contrary to law or good manners, harmful, or detrimental to Rive Spain, users, or a third party.
Communication between Users may take place in the Service indirectly through content published in the Service. Rive Spain is not responsible for any damage caused by communication or other activity between Users and other Users or a third party.
We record all messages sent from Rive Spain in order to develop and speed up customer service.
Rights and responsibilities of the User
The User is granted the personal right to use the Service in accordance with these Terms of Use and any other applicable terms of the Service or its individual parts.
If the User registers in the Service or requests a price estimate, purchase offer, or valuation visit, they must provide the identification data requested on the form. The User receives a password and login to use the Service, if necessary, allowing them to access the Service. The password and login are personal and must not be disclosed or communicated to third parties. The User is responsible for all use of the Service with that login and password. If anyone outside the company becomes aware of the password or login, the User must immediately notify support@rive.es by email. Once the notification has been received, the User is no longer responsible for any use with the password or login that occurred without any action on their part.
The User is responsible for owning all copyright or other necessary rights and/or the consent of rights holders to any material published on the Service and other documentation sent, forwarded, or stored on the Service, and undertakes not to send or forward, or link through the Service, any material or message that violates ownership, copyright, or other third-party rights, is abusive, insulting, defamatory, criminal, indecent, contrary to law or good practice, harmful, or detrimental to Rive Spain, other Users, or third parties, or may cause disturbances, blockages, or other interruptions in the Service. The User is responsible for any damage caused by acting in the manner described above.
The User is responsible for any direct or indirect expense incurred by using the Service.
Ownership and copyright of the Service
The content of the Service is protected by copyright in accordance with Spanish legislation and international agreements. Rive Spain or other parties producing data for the Service own all rights, including copyright, in the Service. Rive Spain reserves all rights to the content of the Service unless otherwise stated in the Service. Rights to software are owned by the license holders.
The User is aware that Rive Spain retains ownership and copyright, trademark, and other intellectual property rights over the Service and its parts, and that no rights other than the rights of use mentioned in these terms are transferred to the User.
The User has no right to publicly use the Service, nor to record, forward, or use the Service in violation of Homerun's rights. However, the User may transfer any public domain or shareware material on the Service to themselves or redistribute it in accordance with the instructions corresponding to that material.
The User does not have the right, without the explicit prior written consent of the Service provider, to use automated systems, including robot, spider, scraper, and offline reader software, to produce copies of the Service, parts of it, or its content, or to make them available to the public.
Rights over content produced by the User
The User transfers to Rive Spain all present and future economic rights over any material the User has produced for the Service. Rive Spain may re-transfer the aforementioned rights to another party or modify any material on the Service, including objects, at its discretion, for example to prevent misconduct toward the Service and the objects. The User retains independent rights of use from Rive Spain over material they have produced for the Service. Use, including copying, or publication for commercial or other purposes outside the Service of material on the Service by anyone other than the User concerned is not permitted without the explicit consent of Rive Spain.
Feedback, development ideas and complaints to Kodit IO Espana S.L
Any development idea, feedback, or complaint may be sent by email to hola@laria.es.
Transfer and termination of user rights
The User does not have the right to share or transfer the right to use the Service, including the password and other logins enabling use of the Service, to a third party. Rive Spain may deny the granting of a login or cancel an existing login if the User has acted or is acting against the Terms of Use, the law, or good practices.
Rive Spain also has the right to temporarily prevent the User from accessing the Service if necessary for operation of the Service. If the User has not used the Service for eighteen (18) months, Rive Spain may, at its discretion, cancel the user's password and login. After that, the User may, if desired, register again in the Service. The user's login and password are automatically deleted at the end of the user right.
Despite termination of the contract, the provisions referred to in these Terms of Use regarding ownership and copyright, responsibility for communication, and limited liability shall remain in force for as long as they continue to be relevant. If the contract is terminated due to breach by the User, Rive Spain has the right not to grant new user rights.
Rive Spain may always, at its discretion, stop providing the Service in whole or in part. Rive Spain will notify users of the discontinuation in advance, if possible, through the Service or by other means at its discretion.
Limited liability
The Service and its content are provided "as is" and the User uses the services provided and/or sent by Rive Spain under their own responsibility. Rive Spain is not responsible for data security risks related to the use of the Service or for the accuracy or suitability for a particular purpose of Service content beyond what is required by law. Unless applicable legislation states otherwise, Rive Spain shall not be liable for any direct or indirect, material or immaterial damage that may be caused to the User or a third party due to interruptions, delays, errors, or defects in the Service or its content.
The User is responsible for reimbursing Rive Spain and third parties for any damage caused by the User's actions that are contrary to the law, authorized rules and instructions, or these Terms of Use. No contracting party is liable for damage due to unreasonable difficulties in the operation of the parties caused by force majeure or a similar reason.
Processing of personal data and use of cookies
The service provider processes the personal data of registered Users in accordance with the Service registration description, the Rive Spain privacy statement, and privacy legislation. The Service uses cookies in the manner described in the privacy statement.
Other terms
The Service contains links and connections to third-party websites. Such services provided by a third party apply that third party's terms of use and other conditions, and Rive Spain is not responsible for the privacy policies or the content of such websites.
Rive Spain has the right to transfer the Service and its maintenance, as well as customer relationships, to any company belonging to the Rive Spain group at that time.
Spanish law applies to the Service and the Terms of Use.
Pre-contractual information
Rive Spain, as a provider of services focused on the real estate sector, includes publications and listings on its website that reflect a price with economic content. In compliance with consumer regulations, especially Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, all Users will have access, before contractual commitment, to complete information about the price of the services offered by the company. Users will also be informed of the taxes they may be required to pay as a result of contracting the service in accordance with the regulations applicable in each case.
Rive Spain will also inform Users who wish to establish a contractual relationship of the specific way to do so and the options available to them. Rive Spain offers contracts in digital or physical format, according to the User's preferences. In cases where Users request it, the contract may be formalized in English in addition to Spanish.
All documents formalized between Rive Spain and Users will be digitally archived and may be accessible to either party by contacting hola@laria.es. In the event that there are defects or errors in the data provided before the User is bound, Rive Spain will facilitate the correction of those data after checking their truthfulness and accuracy.
The User has a recognized right of withdrawal during the 14 days following the conclusion of the service contract. However, this right shall end upon performance of the contract, for which the user shall give express and informed consent, acknowledging that once the contract has been performed by the company, such as housing promotion activities, the right of withdrawal will have been lost. Likewise, if the consumer withdraws from the contract in due time and form, the services already provided, such as photographic reports, professional fees, and similar items, may be invoiced.
Complaint forms are available to consumers and users. To exercise this right, they are available in paper form at our offices at Francisco Silvela 42, second floor.
Dispute resolution
Any dispute between Rive Spain and the User will first be attempted to be resolved through bilateral negotiations. If the parties do not reach an agreement, the dispute will be resolved in the courts of Madrid.
The European Commission also provides an online dispute resolution platform, especially for consumers living in another EU country, https://ec.europa.eu/consumers/odr/.