Last Updated: January 15, 2023
These Terms and Conditions ("Terms") govern your access to and use of the Kihylae Real Estate Consultancy website and services. Please read these Terms carefully before using our website or services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our website or services.
1. Agreement to Terms
By accessing or using our website at https://kihylae.com (the "Site") or any of our services, you agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Site or our services.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Kihylae," "we," "us," or "our" refers to Kihylae Real Estate Consultancy.
- "Services" means all services provided by Kihylae, including but not limited to real estate valuation and consultancy services.
- "User," "you," or "your" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Services and Fees
4.1 Service Description
Kihylae provides real estate valuation and consultancy services, as more fully described on our Site. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.
4.2 Fees and Payment
Some of our Services may require payment of fees. All fees are stated in euros and are non-refundable unless otherwise specified. We reserve the right to change our fees at any time. If you do not pay the fees for any Service, we may suspend or terminate your access to that Service.
4.3 Professional Services
Any professional services, including real estate valuation and consultancy, are subject to separate service agreements. These Terms govern your use of our Site and general access to our Services, but specific professional engagements will be governed by separate agreements.
5. Content and Intellectual Property
5.1 Site Content
The Content displayed on our Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kihylae or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 License to Use Site
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use. This license does not include:
- Any resale or commercial use of our Site or its Content
- Any collection and use of any service listings, descriptions, or prices
- Any derivative use of our Site or its Content
- Any downloading or copying of account information for the benefit of another merchant
- Any use of data mining, robots, or similar data gathering and extraction tools
5.3 User Content
You retain all rights in any User Content you submit, post, or display on or through the Services. By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods.
5.4 Content Guidelines
You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
6. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.
7. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by Kihylae. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kihylae shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KIHYLAE DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
KIHYLAE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIHYLAE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL KIHYLAE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF €100 OR THE AMOUNT YOU PAID KIHYLAE IN THE LAST 12 MONTHS.
10. Indemnification
You agree to defend, indemnify, and hold harmless Kihylae, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Italy, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Aosta, Italy, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our Site and update the "Last Updated" date at the top of these Terms. We will also provide notification of material changes via email to users who have provided an email address. By continuing to access or use our Services after the revisions become effective, you agree to be bound by the revised Terms.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Kihylae concerning your use of the Services.
13.2 Waiver and Severability
The failure of Kihylae to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Kihylae's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Kihylae may assign or transfer these Terms, at its sole discretion, without restriction.
13.4 Notices
Any notices or other communications provided by Kihylae under these Terms will be given by posting to the Site or, if you have provided your email address, by email to the address you provide. Notices provided by posting to the Site will be effective upon posting, and notices provided by email will be effective when sent.