These Terms describe the terms and conditions applicable to your access and use of the website at www.homeblizz.com (hereinafter the “Site”). This document is a legally binding agreement between you as the user(s) of the Site (hereinafter referred to as “you”, “your”, “User” or “Member”) and Homeblizz (hereinafter referred to as “we”, “our” or “Homeblizz”).
1.1 Your use of the Site and the services, software and products (hereinafter collectively as the “Services”) is subject to the Terms and Conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the Site that Homeblizz may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Homeblizz, or (b) you are not permitted to receive any Services under the laws of your country / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Homeblizz may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If Homeblizz has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Homeblizz or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Homeblizz.
2.1 Homeblizz that you are contracting with is operated by Andreas W. Keller. Cra. 29 No. 10 – 65. Eucaliptos 2. Medellín – Colombia. e-mail andreas@homeblizz.com
2.2 You must register as a member on the Site in order to access and use some Services. Further,
Homeblizz reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services).
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Homeblizz may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Homeblizz may launch, change, upgrade, impose conditions to, suspend, or stop any Services (orany features within the Services) without prior notice.
2.5 Some Services may be provided by Homeblizz affiliates on behalf of Homeblizz.
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Homeblizz, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Homeblizz is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read Homeblizz’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Homeblizz and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 Homeblizz may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Site. You acknowledge that Homeblizz has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Homeblizz and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 By posting any information, content or material (“User Content”) on the Site or providing any User Content or property information to Homeblizz or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Homeblizz to transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Homeblizz that you have all the rights, power and authority necessary to grant the above license.
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Homeblizz’s approval, one User may only register one member account on the Site. Homeblizz may cancel or terminate a User’s member account if Homeblizz has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Homeblizz may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, Homeblizz shall assign an account and issue a member ID that consists of the email given by the user; and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Homeblizz immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Homeblizz or other Users of the Site. Member shall indemnify Homeblizz, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Homeblizz shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5.1 Each User/Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; and (b) the address you provide at registration is the principal place of business of your business entity or residence in the case of being a natural person.
5.2 User/Member will be required to provide information and material as part of the registration process on the Site or your use of any Service or the member account. Each User / Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 Upon becoming a User/Member, you consent to the inclusion of the contact information about you in our Database and authorize Homeblizz and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
5.4 Each User/Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit or provide; (b) any User Content that you submit or post does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, or offer to sell, including but not limited to property or services described in the User Content and such sale, offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
5.5 Each User/Member further represents, warrants and agrees that the User Content that you submit, post or provide shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other terms or any applicable additional agreements;
f) not violate any applicable laws and regulations (including without limitation those governing, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web sites which includes any content that may violate the Terms.
5.6 Each User/Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with the staff of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Site to defraud any person or entity;
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Homeblizz’s various proprietary directories, databases, listings and other services offered on the Site;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Homeblizz and/or any user of the Site or gain unauthorized access to such data, systems or networks;
k) including director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities and;
l) not engage in any activities that would otherwise create any liability for Homeblizz or our affiliates.
5.7 User/Member may not use the Services and member account to engage in activities which are identical or similar to Homeblizz’s business.
5.8 If User/Member provides a business referee, User/Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) provide and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.9 User/Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Homeblizz’s provision of the Services, evaluating whether User/Member has breached the Terms and/or handling any complaint against the User/Member.
5.10 Homeblizz does not endorse, verify or otherwise certify the User Contents of any comments or other material or information made by any User/Member. Each User/Member is solely responsible for the contents of their communications and may be held legally liable or accountable for thecontent of their comments or other material or information.
5.11 User/Member acknowledges and agrees that each User/Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6.1 Homeblizz reserves the right in our sole discretion to remove, modify or reject any User Content that you submit or provide to or post on the Site which we reasonably believe is unlawful, violates the Terms, could subject Homeblizz or our affiliates to liability, or is otherwise found inappropriate in Homeblizz’s opinion.
6.2 If any User/Member breaches any Terms, or if Homeblizz has reasonable grounds to believe that a User/Member is in breach of any Terms, Homeblizz shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User/ Member’s account and any and all accounts determined to be related to such account by Homeblizz in its discretion; (ii) restricting, suspending or terminating the access to, or current or future use of any Service; (iii) removing any User Content that the User/Member has submitted, or imposing restrictions on the User Content that the User/Member may post; (iv) imposing other restrictions on the User/Member’s use of any features or functions of any Service as Homeblizz may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Homeblizz may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a User/Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Homeblizz has reasonable grounds to believe that such User/Member has willfully or materially failed to perform your contract with such third party.
b) Homeblizz has reasonable grounds to suspect that such User/Member has used false or misleading information in any transaction,
c) Homeblizz has reasonable grounds to suspect that any information provided by the User/Member is not current or complete or is untrue, inaccurate, or misleading, or
d) Homeblizz believes that the User/Member’s actions may cause financial loss or legal liability to Homeblizz or our affiliates or any other Users.
6.4 Homeblizz reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Homeblizz may disclose the User/Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Homeblizz shall not be liable for damages or results arising from such disclosure, and User/Member agrees not to bring any action or claim against Homeblizz for such disclosure.
6.5 Homeblizz may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User/Member’s use of any Service or the Site without being liable to the User/Member if Homeblizz has received notice that the User/Member is in breach of any agreement or undertaking with any affiliate of Homeblizz. Homeblizz shall not be required to investigate such breach or request confirmation from the User/Member.
6.6 Each User/Member agrees to indemnify Homeblizz, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.7 Each User/Member further agrees that Homeblizz is not responsible, and shall have no liability toyou or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User/Member. Homeblizz reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by the User/Member, in which event the User/Member shall cooperate with Homeblizz in asserting any available defenses.
7.1 To the maximum extent permitted by law, the services provided by Homeblizz on or through the Site are provided "as is", "as available" and “with all faults”, and Homeblizz hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, performance, accuracy, reliability, merchantability. all such warranties, representations, conditions, and undertakings are hereby excluded.
7.2 To the maximum extent permitted by law, Homeblizz makes no representations or warranties about the validity, accuracy, correctness, reliability, currentness, stability or completeness of any information provided on or through the site; Homeblizz does not represent or warrant that the services offered or displayed on the Site does not violate any third party rights; and Homeblizz makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
7.3 Any material downloaded or otherwise obtained through the Site is done at each Users' sole discretion and risk and each Users is solely responsible for any damage to their computer or to Homeblizz’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Homeblizz or through or from the Site shall create any warranty not expressly stated herein.
7.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Homeblizz and our affiliates be held liable for any such services or products.
7.5 Each User hereby agrees to indemnify and save Homeblizz, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Homeblizz, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Homeblizz.
7.6 Each User hereby further agrees to indemnify and save Homeblizz, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products or services offered or displayed on the Site. Each User hereby further agrees that Homeblizz is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Homeblizz reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with
Homeblizz in asserting any available defenses.
7.7 Homeblizz shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity orotherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in data, information or services obtained from a User or any other third party through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any User of the Site; or;
f) any matters relating to Services however arising, including negligence.
7.8 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Homeblizz has been advised of or should have been aware of the possibility of any such losses arising.
Under no circumstances shall Homeblizz be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
9.1 Homeblizz is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Homeblizz, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Homeblizz are
hereby reserved.
9.2 Homeblizz and related icons, logos y slogans, logo symbols are our trademarks. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Homeblizz may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
10.1 All legal notices or demands to or upon Homeblizz shall be made in writing and sent to Homeblizz personally, by courier, certified mail, or facsimile to the following entity and address: Homeblizz c / o Andreas W. Keller. Cra. 29 No. 10 - 65. Eucaliptos 2. Medellín - Colombia. The notices shall be effective when they are received by Homeblizz in any of the above-mentioned manner.
10.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Homeblizz, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received bysuch User if and when:
a) Homeblizz is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Homeblizz posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Homeblizz sends to you electronically satisfy the legal requirement that such communication should be in writing.
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Homeblizz with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 Homeblizz and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 Homeblizz’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Homeblizz’s right to act with respect to subsequent or similar breaches.
11.6 Homeblizz shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Homeblizz). You may not assign, in whole or part, the Terms to any person or entity.
11.7 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we try to provide at least 30 days’ notice prior to any new terms taking effect. What constitute a material change will be determined at our sole discretion.
11.8 Prices of real estate, regardless of their geographical location, are expressed in foreign currency and are subject to the fluctuating and variable daily value according to the information of the World Monetary Market against the local currency in which the Property, and the variable value of the foreign currency shall apply until such time as an undertaking to sell the property is made. This means that in view of the fluctuation or change in the value of the foreign currency in which a property is valued, the value of the currency as at the moment of the undertaking to sell shall apply. Note that services such as documentation, taxation, certifications, approval by the relevant authority or professional body, among others, of the internal legal regulations, are subject to the value expressed in the local currency
11.9 If you are from outside of Colombia, The Terms shall be governed by the laws of Colombia without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Medellin.