KipperTree | A Passion for Portuguese Property

Site Terms of Use

Date: 01 10 2023

These Terms of Use and subsequent agreement are made between www.KipperTree.com and you "the user" of the website KipperTree.

If you wish to use the website KipperTree.com for the purposes of advertising, even if that advertising consists of free advertising, then you must agree to the terms of use set out in this agreement.

This document forms a legally binding agreement between the owners/operators of the website and any user agreeing to the enclosed terms of use. The following definitions are outlined in order that this document is fair, plain and intelligible and not significantly unbalanced against its users.

Definitions

"Date" - The date that these terms of use came into force.

"KipperTree site" - The website www.kippertree.com.

"User" - Any person or party using any aspect of the KipperTree site for the purpose of advertising or searching via its search tools.

"Real Estate Agent" - Any person engaged in the act of selling property other than their own property.

"Inappropriate Material" - Any pictures or text containing or endorsing any of the following:

Profanity, pornography, homophobia, obscenity, racism, violence, animal cruelty, sexual abuse, gambling, and prostitution.

Any content that is defamatory, insulting, vulgar, or degrading and any content that contains nudity, animals in distress, war, weapons, ammunition, explosives, tobacco, drugs, drug-related products, minors, loans, hidden marketing and other products or services deemed illegal by the law enforcement offices of Portugal or the EU.

"Services" - Any services provided by KipperTree.com.

"Third Party infringement" - Any content that infringes or violates the rights of a third party.

"Misleading Information" - Any content that is misleading, false or contains exaggerated claims.

Site Exceptions

"Unlimited Text" - Subscriptions that contain the words "Unlimited Text" are not totally unlimited and do have a limit of 10,000 words.

User Obligations

Any user registering their details on the KipperTree site must meet the following criteria:

Must be the legal holder of the registered email address they provide.

Must give their legally registered name.

Must be over the age of eighteen.

Must be the legal owner of any information they submit to be stored within the site.

Must be the legal owner of any advertised property, or be acting in a legal capacity as an agent to advertise the said property.

Must not attempt to post multi-image photographs to the site. Each image must be a single image.

Must not post wanted adverts if registered as a Real Estate Agent.

Add links to external websites within their adverts.

A2) Any user navigating the site agrees not to:

Use the site for any other means than to advertise properties, or advertise services related to property or real estate markets.

Copy any material text or image or reverse engineer any content contained within the KipperTree site.

Purposely deploy or transmit Malware or Spyware to the KipperTree site.

Advertise or post material of an inappropriate nature.

Violate any third party.

Advertise or post any misleading content, including, but not limited to, property energy ratings, plot dimensions and property sizes, amenities and distances, property age, images, property licences, property location and property ownership.

Use copyrighted material or brand names they do not legally own.

Purposely attempt to cause damage or destruction of the KipperTree site.

Interfere with the site in any way that would be detrimental to other users.

Publish any material on that site that breaches any current or future Portuguese legislation.

A3) Any Real Estate Agent agrees not to advertise their company or Real Estate services in the directory by registering as a company or private user/buyer on the site.

Cancellation

A4) Any cancellation of any subscription can be reactivated at any time, provided it is within the original subscription period.

Deleting your account will cancel all of your data stored within our system including your subscription. Deleting your account will forfeit any payments made to the KipperTree site.

Your Material

A5) If you post any material on the KipperTree website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant us the right to edit, copy, publish, distribute, translate, rate and otherwise use it in any medium and for any purpose.

You agree that if you do post any material on the KipperTree website, by doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that material in whatever way we choose throughout the world in any medium. You also agree to waive your right to be identified as the author, should we choose.

Newsletter

A6) When registering an account on the KipperTree website you will automatically be subscribed to receive our free newsletter. Should you wish not to receive the newsletter you have the option to unsubscribe at any time.

Affiliate Links

7) KipperTree often uses Affiliate links when partnering with other businesses. We may receive payments from such third parties from time to time.

Refunds

8) Refunds for automatic subscription renewals will not be made if the subscriber chooses to ignore the renewal notice sent by KipperTree via Stripe. These notifications are sent 7 days before the renewal amount is due.

9) Any real estate agent, advertising properties on the free Plan Enterprise within the KipperTree website agrees to receive emails from the KipperTree admin and may not request removal without the removal of their properties.

10) KipperTree or its owners publish content provided by external sources. This content is the property of the provider and any use of the content must be authorised by the external provider. KipperTree is not responsible for the accuracy of the information contained in the articles produced by external sources.

KipperTree Obligations

KipperTree site agrees not to;

Disclose any personal data submitted to its site by any user, to any third party without the agreement of the user.

Cancel any subscription without prior notice being given in writing to the subscriber.

Disclose any financial information, if held to any third party as per the terms of its SSL Certificate.

Use any of the user's data for any other means within its group of companies other than for the purpose of marketing properties see clause 4 (your material).

Un-publish any directory listing or advert or alter an advert unless it breaches the site terms of use or is deemed to be inaccurate in terms of price.

The KipperTree site will, from time to time;

Remove any advert containing hidden marketing or external links that have been submitted using any Plan

Alter grammar or spelling errors within adverts that have been submitted using the free (Lite Plan).

Add English to adverts that are in another language.

Post property adverts to social media platforms.

Send marketing information regarding real estate interests to any user that has registered on the site. Should the user wish to stop receiving marketing literature then they will be given the option under the General Data Protection Regulations that protect EU citizens to remove their data via a request to Unsubscribe.

KipperTree site may send a cookie file to the user's computer when it visits the website. Cookies are used to identify a user's behaviour within the KipperTree site. By registering with the site, users agree to the use of cookies.

Provide some users with the option to advertise free of charge instead of subscribing. Any such time will be for promotional reasons and will be performed at the discretion of the KipperTree site.

General and Legal Notices

The KipperTree site reserves the right to suspend, remove or delete completely any user's data, should the user be found to be in breach of this agreement. Any such breach will be to the user in writing. Any user that is affected by such action will not be allowed to use the site in the future.

The KipperTree site is not responsible for any indirect loss, loss of profit, data, revenue or any consequential loss incurred by any User arising in any way to this agreement.

The KipperTree site is not responsible for any information submitted by a user that is misleading or untrue and does not guarantee the accuracy of information provided by a seller.

The KipperTree site is an advertising portal only and all users utilising the contacts found within the site do so at entirely their own risk.

The KipperTree site endeavours, to the best of its ability and resources, to ensure that all companies advertising services within the site are legally registered for such practices; however, the site cannot be held responsible for any third parties acting outside of any Portuguese legislation.

The KipperTree site reserves the right to notify and involve the Portuguese authorities of any user known to be operating in an illegal manner whilst using its site.

KipperTree is not responsible for any loss whatsoever should for any reason there be an interruption in its online presence due to failures in software, services or communications provided by any third party.

The KipperTree site takes all reasonable steps to ensure its site is safe and free from viruses; however, it cannot ensure total exclusion of viruses and recommends that users take all reasonable steps to protect themselves with their own virus software.

Force Majeure.

The KipperTree site shall not be deemed in default of this Agreement, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to pandemic, earthquake, flood, fire, storm, natural disaster, acts of God, war, terrorism, armed conflict, labour, strike, lockout, boycott or other similar events beyond the reasonable control of either party, provided that the party relying upon this provision: gives prompt written notice thereof, and takes all steps reasonably necessary to mitigate the effects of the force majeure event. If a force majeure event extends for a period in excess of 30 days as an average, either Party may immediately terminate this Agreement upon written notice

Any user may terminate this agreement at any time by removing their account from the KipperTree site.

KipperTree does not provide goods, only services. Some of these services are free and some are subscription-based services.

The reproduction or distribution of any material contained within the KipperTree site is strictly prohibited.

KipperTree is a brand name and its logo and name are a wholly-owned subsidiary of the Portuguese Registered Company - Darren Keohane Consulting LDA - Fiscal Number Number 513444602

All written correspondence should be sent to the Registered office:

KipperTree Team

Casa Pérola

6 Rua da Beselga

Casal do Pote

Beselga

Tomar

3205 167

Portugal

Email. info@kippertree.com

This portal was created and functions in accordance with Portuguese law. Any litigation arising from this will be regulated under Portuguese law by the Tribunal de Comarca de Lisboa whose decision is final.

Alternative Dispute Resolution

In the event of a dispute, the consumer may use a Consumer Dispute Resolution body:

Centro de Arbitragem de Conflitos de Consumo de Lisboa

http://www.centroarbitragemlisboa.pt

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral

http://www.triave.pt

CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)

http://www.ciab.pt/pt

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo

https://www.cniacc.pt/pt/

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra

http://www.centrodearbitragemdecoimbra.com