Terms and Conditions
Legal Notice
In accordance with the Spanish Act 34/2002 on Information Society Services and E-Commerce (Ley 34/2002 de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico), we inform you that the owner of this website is Professional Marketing & Technologies SL (hereinafter, “ListingOK”), with domicile in 28224 Pozuelo de Alarcón – Madrid – Spain, calle Peñalara, 3 - with Tax Identification Number B83796813 and registered in Madrid Commercial Registry. Its email address is support@ListingOK.com.
1. Introduction
Thanks for choosing ListingOK. By subscribing to ListingOK services and software applications (together referred to as, the “ListingOK Service” or “Service”), you (hereinafter, the “User”, “Users”, “you”) are entering into a binding contract with ListingOK.
In order to use the ListingOK Service, you may do it through a legal entity or as a natural person. In the first case, you acknowledge and agree that (i) you have the legal and contracting capacity to subscribe the present Terms of Use on behalf of such legal entity and that such capacity has not been restricted in any manner; (ii) you have the legal right and full power and authority to accept this Terms of Service and to perform its obligations. In the event, you are a natural person you undertake and warrant that (i) you are 18 years old or older and (ii) you have the legal and contracting capacity to subscribe the present Terms of Use and to perform its obligations under any applicable laws. You also guarantee that any registration information that you submit to ListingOK is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the terms
Occasionally we may, in our discretion, make changes to the Terms, when we make material changes to the agreement, we will provide you with prompt notice as appropriate, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance and if you continue using the Service after the changes have been made, such fact will imply your acceptance of the such changes. Therefore, please make sure you read any of such notices carefully. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the present agreement by contacting us through the following email address: stop@ListingOK.com.
3. Our service
ListingOK provides its customers a Revenue Management service for their rental properties in any real estate rental platforms included in ListingOK Service, for instance, Airbnb.com or Booking.com (hereinafter, the “Rental Platforms” or "OTAs").
The Service includes the following main features:
- Price and availability suggestions based on the number of booked properties nearby, the average Rental Platforms price in your area and the price of the nearby hotels for your Rental Platforms announces.
- Automatic price and availability updates for your announces at Rental Platforms every twenty-four (24) hours.
- Custom notifications on minimum stay requirements, prices changes, etc.
- Comparison between your property and other properties in your area.
- Price trends and other statistics in your area.
- Information about your current booking and historical occupancy.
- Manage multiple properties at a glance.
Notwithstanding the above, these features may not be available for all service plans. Additional features may be included in the future.
If you want to know more about the Service, we recommend you to visit our F.A.Q. If you want further information or have any kind of doubt you can email us at support@ListingOK.com.
4. Rights granted to the user
ListingOK grants you a limited, non-exclusive, revocable license to make use of the Service. You undertake and agree that you are using the Service for your own personal purposes and properties and that you will not redistribute, transfer or resell the Service by any means. You expressly agree that you will not use or offer the Service as intermediate by offering or integrating the Service in third party services, including but not limited to software, websites, tools and/or plugins of any type. Failure to comply with the present requirements may cause revocation of the abovementioned license without prejudice to the corresponding legal actions that may correspond to ListingOK.
All ListingOK trademarks, service marks, trade names, logos, domain names, and any other features of the ListingOK brand (hereinafter “ListingOK Brand Features”) are of the sole and exclusive property of ListingOK or its licensors. The use of the Service does not grant you any rights to use any ListingOK Brand Features in any manner whatsoever, whether for commercial or non-commercial use.
5. User obligations
ListingOK has established for the User a few ground rules to follow when using the Service. Please, follow these rules and encourage other users to do the same.
Users are fully responsible for the proper use of the Service in keeping with current Spanish as well as with the principles of good faith, morality, decent behavior and public order, by also agreeing to diligently respect any additional instruction that ListingOK may give them.
Users will refrain from using the Service for purposes that are illegal or which have such effects, as well as those that may be damaging to third party rights or interests, or that in any way may damage, disable, affect or deteriorate the functioning of the Service, its contents or its services. Likewise, it is forbidden to prevent any other Users from using or enjoying the Service normally.
Specifically, the following is not permitted for any reason whatsoever:
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the ListingOK Service or any part thereof unless permitted by Spanish Law.
- Providing your password to any other person or using any other person’s username and password.
- “Crawling” the ListingOK Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from ListingOK.
- Use the Service on a commercial basis as intermediate, or resell the ListingOK Service.
ListingOK will make reasonable means available to the User for the contents and services included in the Website to be accurate and up-to-date. Notwithstanding this, ListingOK is not in a position to guarantee this situation at all times. Furthermore, ListingOK will not be liable for the functioning of any communication networks that enable the Website to work, be they via landline or wireless. Such liability will remain solely with suppliers unrelated to ListingOK.
If deemed necessary, ListingOK may immediately suspend the provision of the Service and, where applicable, remove any content deemed incorrect or illegal, at its own discretion or at the request of an affected third party or of a competent authority, and no compensation may be claimed for this reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
6. Links to third parties
ListingOK shall not be liable for any of the links in the Website allowing the User to access third party features or services, provided that they are unrelated to the Website. Therefore, ListingOK will not be liable regarding any information therein nor any effect that may arise from such information. Likewise, ListingOK reserves its right to remove any link on the Website at its sole discretion and with no prior notice.
If any User or third party suspects that any link may go against the law, morality or public order, they must report it to ListingOK via the address abuse@ListingOK.com.
7. Intellectual property
ListingOK is the owner or the exclusive licensee of all the intellectual property rights included in the Website, as well as of the contents accessible through it.
The User’s permission to access the Website does not imply that ListingOK partially or fully renounces, transfers, licenses or assigns any of ListingOK’s intellectual property rights. Hence, such use of them is strictly forbidden.
The intellectual property rights pertaining to the Website as well as texts, images, graphic design, browsing system, information and contents within said Website belong to ListingOK, or else it holds the rights to exploit them in any way and above all as regards copying, distribution, broadcasting or further adaptation, as provided by Spanish law in force on intellectual property rights.
8. Payments and cancellations
As above mentioned before, the regular use of the Service require payment. The subscription to the Service can be purchased on a monthly or annual basis. You can subscribe to the Service and pay for it using a credit/debit card or Paypal.
When you register for a paid subscription, you consent to get access to the Service immediately. You also consent that your right of withdrawal will early extinguish when you get full access to the Service. This means that once you have paid, if you change your mind for any or no reason, you can cancel the subscription at any time but you will not get a refund of your monies paid.
You agree that once you paid for the subscription to the Service it will renew at the end of the subscription period unless you cancel your subscription sending us an email to stop@ListingOK.com. The cancellation will take effect the day after the last day of the current subscription period, and you will not have access to the Service.
Furthermore, if you cancel your payment subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us.
ListingOK may change the price for the subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the ListingOK Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the ListingOK Service prior to the price change going into effect. Please, therefore, make sure you read any such notification of price changes carefully.
9. Taxes
When you pay for the Service, you also accept to pay the applicable taxes according to Spanish Law and/or the laws of your place of residency, as applicable. All the prices displayed at the Website include the Spanish value-added tax (IVA) or any other tax that may result applicable to you.
10. Term and termination
The Agreements will continue to apply to you until terminated by either you or ListingOK.
ListingOK reserves the right to refuse admission and deny access to the Website. Any User that does not abide by the set of rules listed herein may be refused access to the Website.
In addition, at any time and without prior notice ListingOK may withdraw or suspend the provision of Services to Users who breach the provisions in the Terms and Conditions.
If you or ListingOK terminate with the Terms, or if ListingOK suspends your access to the Service, you agree that ListingOK shall have no liability or responsibility to you and ListingOK will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the agreement at any time.
The abovementioned termination conditions will allow that certain sections of the Terms, either explicitly or by their nature, remain in effect even after termination of the Terms. These obligations shall survive termination during the time necessary to the proper fulfillment of the Terms.
11. Applicable law
These Terms of Use have been construed and shall be interpreted in accordance to Spanish Law. More concretely, these Terms of Use have been drawn up according to Spanish Act 34/2002 on Information Society Services and E-Commerce (Ley 34/2002 de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico), Spanish Act 3/2014 that updates the Spanish Act 1/2007 in Defence of User and Consumer Rights and Spanish Act 7/1996 on Retail Commerce Regulation, as well as any other legal provision that may be applicable.
12. Independency from any rental platform
ListingOK and Airbnb, Inc. and/or any other company proprietary of any of the Rental Platforms are different and separate companies, acting independently from each other. Nothing in the present Terms shall be understood or considered as an employment relationship, agency contract, association or joint venture.
13. Jurisdiction
In order to resolve any dispute arising from access to the Website, the User and ListingOK expressly agree to obey the Spanish Courts and Tribunals.