Terms and Conditions of Use

Properset S.r.l., company with registered office at 16, Via Filippo Chiappini, Rome, Italy (henceforth Properset) has produced the online platform called “Properset” (henceforth the Platform), which is available under the domains https://properset.it, https://properset.com and their subdomains, as well as through the proprietary mobile app going by the same name and downloadable from the main marketplaces (Google Play/App Store).

Through the Platform, Properset offers to the Seeker the Service for booking and using a Location, intended as a real estate property equipped and/or prepared to host events, film and photo shooting as published on the Platform by the Property Manager

By registering an account on and using the Platform, the Seeker accepts these Conditions of Use for the Seeker. The Service provided by Properset and the Platform, as described below, is subject to the application of the Conditions of Use and any other policy or regulation published by Properset on the Platform (henceforth collectively referred to as Terms and Conditions or T&C). Should the Seeker at any moment disagree with the T&C or their modifications, or be dissatisfied with the Service provided by Properset, the Seeker shall and must stop to use Properset immediately. It is therefore intended that until the Seeker hasn’t stopped using the Platform he is deemed to be fully satisfied with the Service. Properset has the faculty but not the obligation to apply the T&C strictly, including without limitation by moderating the user community and by bringing any dispute to the appropriate Court of Law

  1. Definitions

Conditions of Use for the Seeker or CoUS: these document governing use of the Service offered through the Platform.

Contents:

(i) all texts, images, audio and/or video recording, data and/or information stored in the Platform database as well as any file, documents and/ or information provided in any format by the users and which Properset makes available through the Platform or the Services, including any Content licensed by third parties.

(ii) all texts, images, audio and/or video recording, data and/or information stored in the Platform database as well as any file, documents and/ or information provided in any format and regardless of their mean of transmission and reproduction which are made available to the Platform users by other users.

Personal Data: the personal information of each user collected by Properset through the Platform, including without limitation the user’s full name, address and telephone number.

Location: the real estate property, or portion thereof, made available to the users by the Property Manager under the conditions published in each Location Page.

Platform: the website hosted at https://properset.it, https://properset.com including any subdomain thereof as well as any mobile application published on the official Apple and Android marketplaces under the name of Properset.

Price: the amount asked to the Seeker for the use of the Location

Property Manager or PM: the owner, tenant or proprietor or holder of a Location suitable to host private and/or public events as well as film/photography set and who rents said Location to the Seeker having right and title to do so. 

Owner: the owner of a Location  suitable to host private and/or public events as well as film/photography set and who entrusts said Location to a Property Manager in order to offer it on the Platform on his behalf, giving so tho the Property Manager full title to carry out all the necessary actions which the Owner would carry out in respects of the use of the Platform. Where not explicitly stated, all reference to the Property Manager in the Conditions of Use shall be intended as referring also to the Owner.

Seeker: any User registered on the Platform who intends to rent one or more Locations.

Service: the services offered by Properset through the Platform.

User: all the natural or legal person using the Platform.

1.2 Dependant on the context, all terms in Definitions are intended to include their plural when singular, their feminine when masculine and vice versa. Indentations and numbering in this document are meant for descriptive purposes only and shall not affect its interpretation.

  1. Description of the Platform

2.1 The Platform and the Services consist of an online platform where a) Seekers can view and obtain information on Properset’s database of Locations; b) Property Managers can submit their location for publication; c) Seekers can search and request to rent Locations. The PM can submit his Locations through their account by creating a Location Page where to describe the Location features, additional services available in the Location and the required Rental Price. Properset reserves the right to refuse the publication of any Location. Properset has no responsibility to control the Seeker’s activity and behaviour nor the PM’s, and is therefore not liable for any damage or loss suffered by any party within the limits of applicable law.

  1. Privacy

By using the Platform and/or the Service, the Seeker declares to have read the Privacy Policy available at https://www.iubenda.com/privacy-policy/10158955 as well as on the Platform, which defines the acquisition and usage of users’ personal data by Properset and which might be updated from time to time.

Properset declares and confirms that the personal data acquired in conjunction with the execution of the T&C will be processed only for said execution or for other purposes for which the User or the Seeker will have expressed an explicit and unequivocal consent, and anyway within the limits pursuing from D.Lgs 196/2003 and subsequent modifications, D.Lgs 101/2018 and EU reg. 679/2016.

The Seeker specifically acknowledges to be informed about:

  1. a) the purpose and the modality of personal data processing;
  1. b) the optional or mandatory nature of personal data acquisition;
  1. c) the consequences of failing to provide mandatory data;
  1. d) the entities and group of entities to whom personal data may be transmitted and the scope of transmission of said data;
  2. e) the rights laid out in sections 15 (right of access), 16 (right of rectification), 17 (right of withdrawal), 18 (right to restrict processing) of EU reg. 679/2016.
  3. e) the rights laid out in sections 15 (right of access), 16 (right of rectification), 17 (right of withdrawal), 18 (right to restrict processing) of EU reg. 679/2016.
  1. f) the name, incorporation name and the address, residence or registered office of the Data Controller and the Data Protection Officer.
  1. User Account

4.1 In order to use the Service, each User must create an account (henceforth Account) and provide the personal data required to ensure a proper provision of the Service and communication between the parties. By creating an Account, Users certify they are at least 18 and, where applicable, to be the legal representative of any company, organisation or legal entity however incorporated which the User is registering on the Platform, and that said company, organisation or entity is ligitly and properly formed and registered in the User’s country of residence upon the Account creation. 

Upon creating an Account, the Seeker shall provide a User ID (whose univocity the system will check automatically) and a password. Should the User ID be already present in the database, the PM must select a different one until the system won’t have positively confirmed its univocity. User ID and password represent the authentication credentials to the Platform.

The User-Id shall identify the Seeker in regards to the activity or the Services requested through the Platform.

 The authentication credentials are personal, private and non transferable.

The Seeker shall not provide wrong or false information. Properset is not responsible and will not be liable for any wrong or false information provided purposely or mistakenly by the PM.

Each User commits to use only the account originally created on the Platform, regardless whether said account was created in his name or in the name of a third party. Under no circumstance the User shall use a different account. Any exception to this rule shall be requested to Properset. Without Properset’s explicit authorization, the creation of new accounts or the use of any account different than the first originally created by the User may cause, at Properset’s sole discretion, the immediate Suspension of the User’s account or their definitive cancellation.

  1. Booking

Property Managers publish on the Platform a Location Page for each Location,  describing the scope, the feature and all accessory services available at the Location, including without limitation the Location availability, type, capacity, Price and any other relevant information

In order to book a Location, the Seeker will complete the Booking process on the Platform, which is perfected once the Seeker receives a Booking confirmation from Properset after having processed the payment of the Price as laid out below in Section 6. Properset, at his sole discretion, reserves the right to cancel the Booking of one or more Locations at any moment for organisational or safety reasons, as well as for unsatisfactory documentation and any other right cause. In such a case the Seeker shall be entitled to receive a Refund from the PM should the Booking be already confirmed. 

5.2 Refund

The Seeker agree and understand that Properset is not part of any relation, agreement or contract formed between the Seeker and the PM or the Owner. Should the Seeker ask for a Refund of the Price paid through the Platform:

The Refund request shall not be accepted unless it is received by Properset within 15 days before the first day of the Booking period. It is intended that, even when the Refund is carried out by Properset, it is done on behalf of the Property Manager or the Owner;

  1. Payment

Properset makes available to Seekers and Property Managers a third party service through which the Seekers can pay the Price to complete the booking of a Location. Properset does not act as an official seller nor as payment service provider and only offers access to and maintain the Platform.The payment process shall consists in the payment by the Seeker of the Booking Price for reserving and using the Location and the paid amount shall not be claimed by the Seeker in any way except as laid out below in Section 5.2 of these CoUS.

9.2 Seekers will pay the Price via bank wire, debit or credit card. The payment process will start on the Platform and be completed through a third party payment gateway: the Seeker will be redirected to Sripe in order to ensure the safeness, privacy and efficiency of payment data transmission. The Seeker will provide his credit card details directly on Stripe SSL server, created and guaranteed by Stripe. By completing a payment the Seeker will therefore accept Stripe’s general condition of use available here https://stripe.com/it-es/ssa . Properset shall not be liable for any damage or loss derived from the User’s usage of Stripe’s services.

Properset is not responsible for neither the Seeker or the Property Manager’s fiscal and/or accounting position. All fiscal and accounting documentation (i.e. invoices, receipts etc.) shall be issued by the Property Manager directly to the Seeker whenever required by any applicable Law. It is the Property Manager and the Seeker’s responsibility to verify the requirements, the conditions and the terms for producing all necessary fiscal documentation to the Seeker.

In order to produce and send the necessary fiscal documentation (including without limitation invoices, receipts and any other equivalent document regardless of how it can be referenced to), only the Seeker’s data provided upon registration or their latest version as available on the Platform will be used. The Seeker must provide correct, valid and updated information and guarantee that none of his personal data transmitted to Properset are false or wrong. In no case Properset shall be liable for the guilty or malicious wrongeness or falseness of the information transmitted by the Seeker. The Seeker commits to indemnify and hold harmless Properset from any direct and indirect damage and/or liability deriving from the use of wrong or false fiscal and accounting data. 

  1. Taxes, Licenses and Certifications

The Seeker is solely responsible for (i) identifying his obligations and the descending requirements with regards to licenses, authorisations, taxes, levies and any other fiscal and/or administrative burden; (ii) signalling, collecting and paying taxes, charges and any other fiscal and/or administrative burden; (iii) verifying the correctness and fitness of all accounting and fiscal documentation he transmits to the Platform and/or the PM.

Properset may be required by Law to collect fiscal information from the Seeker or to withhold partially or in full the taxes applicable to the payments towards the Users. If a User fails to provide the necessary fiscal documentation under applicable law (i.e. the fiscal code or the VAT number), Properset reserves the right to withhold payments up to the amount of all due taxes as prescribed by law and until the documentation fitness won’t be assured. 

It is intended that, unless explicitly required by applicable Law, Properset shall not pay taxes on behalf of its users, of the Seekers or the PMs. Users, Seekers and PMs are solely responsible for any and all taxes due for any activity carried out through the Platform. 

In some cases, for instance depending on the amount of transactions and their object, the Law might require specific licences or authorisations. Properset is not responsible for investigating the circumstances that compel such requirements and it is intended that PMs and Seekers are solely responsible for finding out whether they require licences, permits or any other kind of authorisation to use the Service and the Platform, as well as for organising, managing and carrying out the Events or any activity pursuant from a transaction completed though the Platform. 

  1. Properset Liability

Users accept to use the Platform and the Service offered through it at their own risk and under their sole responsibility. The Platform and the Service are provided ‘as is’ and ‘as available’, without warranty and/or implied liabilities for Properset. All explicit and implicit warranty, including without limitations the warranties of marketability and fitness for a specific scope are expressly excluded to the maximum extent permitted by Law.

To the maximum extent permitted by Law, Properset declines any liability and/or warranty for any other service or products received through or advertised on the Platform. 

To the maximum extent permitted by Law, Properset declines any liability for any computer virus and any other harmful component which may affect the Users in connection with the Platform and the Service. 

8.2 Limitation of Liability

Under no circumstance Properset shall be liable to third parties or to the contracting parties for direct or indirect damages arising from the use of Platform, of the Service, or of any contract formed between the User and any third party. This limitation of liability applies without limitation to: direct, indirect, accidental, special and consequential damages, profit loss, data loss and goodwill loss, computer damages, cost of products or substitutive services, any personal or physical damage. This limitation of liability will be extended also to cases when Properset is informed of the possibility of damages. 

The damages covered by this limitation of liability may derive from: the use and misuse of the Platform or the Service, the impossibility to use the Platform or the Service, the interruption, suspension, modification, alteration or cancellation of the Platform or the Service. 

This limitation of liability also applies to damages suffered because of other services or products received through advertising, links, publications or advice available on or anyway through the Platform or the Service. These limitations shall be applied to the maximum extent permitted by Law. 

  1. User’s feedback and safety

Properset cares for the reliability of its Users and of the transaction realized through the Platform, and will make all possible efforts to provide the best degree of transparency. Nevertheless, Properset has no obligation to verify the Users, Seeker or Property Manager’s identity, nor can in any way confirm their identity. 

Likewise, Properset has no obligation to verify, neither before or after they’ve been received or published, any comment or feedback (henceforth Feedback) provided by Users for any Location or other User. Should a user or Seeker believe that any Feedback is offensive for himself or his community he can write to info@properset.com. Properset shall verify the offensiveness of the signalled Feedback(s) and evaluate if and how to act, which may from time to time include, at Properset’s sole discretion, the suspension and/or the cancellation of the User Account who posted the signalled Feedback. 

  1. Contents published on or through the Platform

10.1 Content uploaded by Users

All Contents published on, transmitted through or accessible from the Platform are under the sole responsibility of the User who uploaded them. Each user is solely and directly responsible for any Content he uploads as well as for ay e-mail or other material he makes available through the Platform. The User is aware that Properset does not check and s not liable for the Contents uploaded on the Platform by other Users; the User also understand that by using the Platform he may be exposed to offensive, graphic, imprecise, illegal or misleading Content.

10.2 Links to other websites

The Platform and the SErvice may include link to third parties’ websites or resources. Under no circumstance Properset shall be liable for: (i) the availability and accuracy of said websites or resources; (ii) contents, products or services offered on or available through said websites or resources. Links on the Platform to said websites or resources do not imply Properset’s support to said websites, resources, Contents, products or services available from said websites or resources. The Users is solely responsible and assumes all risks for using or accessing any Content, product or service available from said websites or resources.

Properset shall not be liable for the privacy policy nor for any other practice applied by third parties’ websites. When a User clicks on the Platform any link pointing to another website or app, the User is responsible for reading such other website or app privacy policy and any other applicable term or condition.

10.3 User’s authorisation

Users authorise Properset to use any image or video they may appear in given they were shot during the use of a Location and generally of the Service. The User may at any time revoke his authorisation in writing. Also, users irrevocably authorise Properset to use any Content, as well as all part or element thereof, without restriction, world-wide, forever and however for the entire duration of legal protection as defined in each Country of the world.

For example, said authorisation includes, without limitation:

the possibility to publish, share, communicate to the public and make publicly available the Contents through the Platform though any currently available and/ore future mean and/or technology and with any modality (even interactive) so that anyone can access them when and where is individually preferred;

the right to reproduce and modify the Contents in any way deemed necessary by Properset in order to meet the technological requirements of the Platform;

the authorisation for other Users of the Platform to reproduce Contents for visualising them on their devices using the Service and the Platform.

All the rights mentioned above are intended as non-exclusive, the User being therefore allowed to use the same Content in any other way.

10.4 User’s Disclaimer

The User decare he has full and legitimate rights on all Contents he uploads on the Platform (including without limitation: copyright, image, personality rights, trademark rights, patent rights, confidentiality protection rights, portrait rights etc.).

The User declares that for all Contents he uploads for which he hasn’t got full rights, he has been explicitly authorised by the rights owner and that therefore he has full mandate to authorise the use of the Contents according to the provisions of this CoUS

The User commits not to upload or publish any Content if said Content and/or its use:

is false, obscen, pornographic, libelous, or if it incites a crime or is anyway illegal in Italy, the Country where the User is using the Service or the Platform from, or anyway under any applicable Law;

it violates personal data protection, trade or any reserved information laws or regulations;

involves the User’s ownership of authorisations, rights or requirements he does not have;

violates patents, trademarks, copyrights or any other right of third parties;

contains computer viruses or any software or application designed to interrupt, disrupt, damage or even only limit the functioning of any software, hardware or network device as well as of the Service or the Platform;

is anyway harmful or dangerous for Properset, the Users or any third party.

The User guarantees the good quality of all Content he uploads and their fitness for their purpose on the Platform. 

  1. Changes

Properset reserves the right, at its sole discretion, to modify the Platform or the Service, the CoUS and the T&C at any time and without prior notice. In case the CoUS are modified, they will be updated on the Platform and and the changes will be notified upon applying said changes on the Platform or the App. The last update date at the bottom of the CoUS will also be updated accordingly. By continuing to access or to use the Platform and the Service after any change to the Platform or after the notification of any variation in the T&C, the User accepts said modifications. In case a user considers any such a change unacceptable, he must stop using the Platform. 

  1. Intellectual Property Rights

Without limitation to the provision of Properset’s Privacy Policy, any Content transmitted through the platform by Users, via e-mail as well as any other mean and for any purpose, will be handled as non-confidential and under non-exclusive license. In case the User owns all rights on said communications or Content, he explicitly grants to Properset and its licensee a world-wide, non-exclusive license in perpetual right to copy, distribute, visualise, execute, publish, translate, adapt, modify and/or use said Content for every scope regardless of the way or mean (existing or not yet existing) of its use. 

Unless otherwise agreed in writing, users are invited not to publish on the Platform any reserved information or any information protected under intellectual property rights.

If a User believes that his intellectual property rights or any other right has been infringed by anything published on the Platform by another User, the former must report it to Properset, writing to info@porperset.com immediately and however no later than 48 hours after finding out. 

In order for the notification to be effective, it must include:

The physical or electronic signature of the person authorised to act on behalf of the right owner whose right would have been violated;

The identification of the copyright-protected Content that would have been violated;

A reasonably sufficient amount of information so that Properset can contact the plaintiff party, including address, telephone number and, if available, an e-mail address where the defendant can be contacted;

The identification of the material that would have been object of illicit activity and a reasonably sufficient amount of information for Properset to identify said material;

A declaration in which the plaintiff maintains in good will that the use of said material wasn’t authorised by the copyright owner, by its agent or by Law;

A declaration in which the plaintiff states that all the information included in the notification are accurate and that the plaintiff is authorised to act on behalf of the exclusive right owner whose right would have been violated. 

Starting from the reception of an intellectual property right infringement notification, Properset has the right, but not the obligation, to prehentively remove all the involved Contents from the Platform without any responsibility towards any User or third party. 

  1. Indemnity

The User shall hold harmless, defend and indemnify Properset and its affiliates and associates, their officers, directors, employees an agents against and from any claim, liability, damage, loss and expense, including without limitation reasonable legal and accounting fee deriving from or anyway correlated with:

his access or use of the Platform, the Service or the Content, or the violation of these CoUS;

the Contents elaborated, transmitted, copied, sent, made available by the Users;

any of the following actions:

interaction with any other User;

a Service Request;

Properset reserves the right, to its sole discretion, to appoint a lawyer of its choice for defending itself in any dispute, lawsuit or any form of litigation promoted by a User and involving a pecuniary compensation, without the User being able to object.

  1. Relations between the parties

Properset, the Users, the Seeker and the PM are independent parties and each acts solely on his own name and for his own purpose. These CoUS do not form any employment, agency, representation, association, intermediation, partnership or franchising contract between Properset and the PM, the Seeker or the Users.

None of the clause in these CoUS, in the T&C or in any other material produced by Properset can be interpreted to constitute, form or give effect to any company, agency, joint venture or any kind of business entity or fiduciary  between Properset and the Users, the PM or the Seeker.

Rights and obligations of the parties shall be limited to those explicitly mentioned in this document and in the T&C.

The Service offered by Properset only consists in offering a communication channel between Seekers interested in using a Location and Property Managers offering Locations through a search engine based on innovative techniques and algorithms. Properset does not act as a seller, a buyer, representative or mediator for or any of the parties. Properset solely manage the Platform where, through third party services, Seekers can complete transactions and payments but it has no role in any transaction between Seekers and Property Managers.  

Properset reserves the right to (i) cancel any Participation Request, even though confirmed, as well as any Event which Properset may consider infringing these CoUS, the T&C or any other policy published on the Platform; (ii) suspend the Property Manager Accounts connected to any such activity and/or violation.

  1. Jurisdiction and applicable Law

These CoUPM are ruled and interpreted according to the Italian Law.

Any dispute on the validity, interpretation or execution of these CoUS shall be of exclusively brought to the Court of Rome. 

For all purposes, this Italian language version of these CoUS shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this Italian language version of these CoUPM and any translation into any other language, the Italian language version shall govern and control.

  1. Additional clauses 

Properset is not responsible for the relationships established between Users.

Clauses and paragraphs in this CoUS are merely descriptive and shall not influence their interpretation.

 The User accepts that all the rights and obligations pursuant from these CoUS and from any other document herein referred to as forming an integral part of the CoUS can be freely and legitimately transferred by Properset to third parties in case of merger, acquisition or other event;

By using the Platform, the Users commit to abide with all applicable national and international laws and regulations currently enforced with regard to the Services offered by Properset in connection with the PM’s activity on the Platform. Exceptions to these CoUS must be requested and granted in writing and will only be effective ager a new agreement is signed between Properset and the User.  

All communications from Porperset and the User will be forwarded to the -mail addressed linked to the User Account at the time of the communication. Messages and notifications are considered received after 24 hour after their transmission via e-mail unless a delivery-failure warning is not received by Properset indicating the recipient’s address is invalid or not working.  

Last Update: January 5th 2020

Properset S.r.l., company with registered office at 16, Via Filippo Chiappini, Rome, Italy (henceforth Properset) has produced the online platform called “Properset” (henceforth the Platform), which is available under the domains https://properset.it, https://properset.com and their subdomains, as well as through the proprietary mobile app going by the same name and downloadable from the main marketplaces (Google Play/App Store).

These conditions of use for the Property Manager (henceforth CoUPM or Conditions of use for the Property Manager) define the minimum service level Property Managers commit to perform towards Properset and the Seekers and rule the relation between Properset and the Property Managers who, guaranteeing their title or mandate to do so, offer one or more Locations through the Platform.

By registering an account on the Platform, the Property Manager accepts the Conditions of Use, which these CoUPM represent an integral part thereof.

The Service provided by PRoperset as well as the use of the Platform by the Property Manager are sbject to the CoU, the CoUPM, the Property Manager Best Practices and any other policy published by Properset on the Platform (henceforth Terms and Conditions or T&C). Should the Property Manager disagree with the T&C or be dissatisfied with the Services offered by Properset, the Property Manager must immediately stop using Properset, and it shall be intended that the Property Manager is otherwise fully satisfied with the Services. Properset has the right, but not the obligation, to demand the strict application of the CoUPM through moderation of the Platform community as well as through any viable legal action.

  1. Definitions

Property Manager Best Practices: all the rules, policies and best practices provided by Properset to the Property Manager and which the Property Manager commits to abide by when applicable in order to collaborate with Properset for delivering the best quality Service and better protecting the Seeker.

Seeker: any user registered on the Platform to rent any of the Locations published thereon.

Conditions of Use or CoU : the Conditions of Use available at https://properset.com/termini-e-condizioni, including the Conditions of Use for the Seeker (henceforth CoUS) which shall be deemed as an integral part of and fully applicable when not in contrast with, these CoUPM.

Conditions of Use for the Property Manager of CoUPM: this document laying out the conditions of use for the Property Manager together with the T&C.

Contents:

(i) all texts, images, audio and/or video recording, data and/or information stored in the Platform database as well as any file, documents and/ or information provided in any format by the users and which Properset makes available through the Platform or the Services, including any Content licensed by third parties.

(ii) all texts, images, audio and/or video recording, data and/or information stored in the Platform database as well as any file, documents and/ or information provided in any format and regardless of their mean of transmission and reproduction which are made available to the Platform users by other users.

Property Manager Fee: the price and/or amount required by the Property Manager to the Owner for managing the Owner’s Location on the Platform.

Owner Fee: the price an/or amount paid by the Seeker to the Owner for renting the Owner’s Location.

Personal Data: the personal information of each user collected by Properset through the Platform, including without limitation the user’s full name, address and telephone number.

Subscription Fee: the amount owed to Properset by the Owner for using the platform, consisting of a fixed amount to access the Platform systems plus a percentile of the Owner Fee.

Location: the real estate property, or portion thereof, made available to the users by the Property Manager under the conditions published in each Location Page.

Property Manager or PM: the Seeker who owns, manages or holds a Location and owning the title or appropriate mandate makes it available on the Platform to other Seekers.

Owner:  the Seeker who owns a Location and entrusts a PM with full mandate to make such Location available on the Platform to other Seekers. Such mandate shall include the right to perform on behalf of the Owner all actions which the Owner would need to carry out for using the Services.

Platform: the website hosted at https://properset.it, https://properset.com including any subdomain thereof as well as any mobile application published on the official Apple and Android marketplaces under the name of Properset.

Service: the services offered by Properset through the Platform.

1.2 Dependant on the context, all terms in Definitions are intended to include their plural when singular, their feminine when masculine and vice versa. Indentations and numbering in this document are meant for descriptive purposes only and shall not affect its interpretation.

  1. Description of the Platform

2.1 The Platform and the Services consist of an online platform where a) Seekers can view and obtain information on Properset’s database of Locations; b) Property Managers can submit their location for publication; c) Seekers can search and request to rent Locations. The PM can submit his Locations through their account by creating a Location Page where to describe the Location features, additional services available in the Location and the required Rental Price. Properset reserves the right to refuse the publication of any Location. Properset has no responsibility to control the Seeker’s activity and behaviour nor the PM’s, and is therefore not liable for any damage or loss suffered by any party within the limits of applicable law.

  1. Privacy

By using the Platform and/or the Service, the PM declares to have read the Privacy Policy available at https://www.iubenda.com/privacy-policy/10158955 as well as on the Platform, which defines the acquisition and usage of users’ personal data by Properset and which might be updated from time to time.

Properset declares and confirms that the personal data acquired in conjunction with the execution of the T&C, including without limitation the provisions of COuPM and COuS, will be processed only for said execution or for other purposes for which the PM will have expressed an explicit and unequivocal consent, and anyway within the limits pursuing from D.Lgs 196/2003 and subsequent modifications, D.Lgs 101/2018 and EU reg. 679/2016.

The PM specifically acknowledges to be informed about:

  1. a) the purpose and the modality of personal data processing;
  1. b) the optional or mandatory nature of personal data acquisition;
  1. c) the consequences of failing to provide mandatory data;
  1. d) the entities and group of entities to whom personal data may be transmitted and the scope of transmission of said data;
  1. e) the rights laid out in sections 15 (right of access), 16 (right of rectification), 17 (right of withdrawal), 18 (right to restrict processing) of EU reg. 679/2016.
  1. f) the name, incorporation name and the address, residence or registered office of the Data Controller and the Data Protection Officer.
  1. Property Manager Account

4.1 In order to use the Service, the PM must create an account (henceforth Account) and provide the personal data required to ensure a proper provision of the Service and communication between the parties.

4.2 Upon creating an Account, the PM shall provide a User ID (whose univocity the system will check automatically) and a password. Should the User ID be already present in the database, the PM must select a different one until the system won’t have positively confirmed its univocity. User ID and password represent the authentication credentials to the Platform.

4.3 The User-Id shall identify the PM in regards to the activity or the Services requested through the Platform.

4.4 The authentication credentials are personal, private and non transferable.

4.5 The PM shall not provide wrong or false information. Properset is not responsible and will not be liable for any wrong or false information provided purposely or mistakenly by the PM.

4.6 Each property manager commits to use only the account originally created on the Platform, regardless whether said account was created in his name or in the name of a third party. Under no circumstance the PM shall use a different account. Any exception to this rule shall be requested to Properset. Without Properset’s explicit authorization, the creation of new accounts or the use of any account different than the first originally created by the PM may cause, at Properset’s sole discretion, the immediate Suspension of the PM’s account or their definitive cancellation.

4.7 By creating the Property Manager Account, the PM declares to be at least 18 y.o. and, if he is acting in the name of a company, organization or any other type of legit legal entity, to be the legal representative of said entity at the moment of registration on the Platform.

4.8 Should the PM intend to use the Platform to manager Locations owned by a third party:

(i) the PM declares and guarantees to have title, mandate and appropriate authorization to do so on the Platform and accepts to submit documentation of said title, mandate or authorization upon Properset’s request and

(ii) the PM shall declare the circumstance of managing a third party’s Location upon registering onto the Platform and shall commit to take any required action to ensure that the Owner will abide by the procedure laid out in section 5 of these CoUPM. Any failure to perform the obligations prescribed in this Paragraph may cause, at Properset’s sole and insindicable discretion, the suspension and/or the the cancellation of the PM’s account, including any content connected to the Account and without limitation for any subsequent damage or loss derived from the PM’s failure to perform.

4.9 Unless otherwise defined in these CoUPM, all the provisions, prohibitions, guarantees and obligations laid out in the T&C shall apply.

  1. Owner Consent

5.1 In the case a PM uploads a Location he does not own, he shall declare so upon creating the Location Page as laid out in section 6 of the CoUPM, filling each Location Page he creates with the required owner’s data including the owner’s email address. 

5.2 The Owner will receive an e-mail (henceforth Consent) in which he will be required to:

  • confirm his identity and personal details as provided by the PM;
  • confirm his intention to publish his Location on the Platform
  • explicitly accepts the T&C and its application to any action undertaken by the PM in regards to the Owner’s Location

5.3 By confirming and accepting the above, the Owner therefore commits jointly and severally with the the PM to any and all obligation and requirement deriving from the use of Platform in regards to his Location; any reference to the PM in the T&C is therefore intended as referring to the Owner as well. 

5.4 Until the Owner won’t have provided his Consent, the Location Page created by the PM for his Location(s) shall remain pending and unpublished. 

5.5. Should the data provided by the PM about the Owner be wrong, inaccurate or incomplete, the PM must deny his Consent and the PM shall re-start the procedure laid out in Section 5.1 filling the correct Owner’s data. If the PM undergoes said procedure more than thrice for the same Location, ProperSet reserves the right to suspend the Property Manager Account in order to conduct an investigation and cancel the Property Manager Account in case of fraudulent activity. 

  1. Publishing a Location

6.1 Whenever the PM wants to add another Location on the Platform, he shall send appropriate request via e-mail to Properset at the address info@properset.com or undergo any procedure set up for this purpose by Properset on the Platform. Properset will send the necessary instructions and documentation to the PM after receiving such request. 

Properset will share an online either offline form with the PM, which the PM must use to transmit any required information about the Location as well as to read and abide with any regulation or policy for the use of the Platform established by Properset. 

6.2 The PM must provide at least the following information when submitting a new Location (on the Location Page)

the Location land registry ID;

  1. Description of the Location;
  2. Maximum number of people hostable by the Location at the same time;
  3. Location address;
  4. Rental Price;
  5. Modalità e limiti di fruizione degli spazi;
  6. Images of the Location;
  7. Any other information useful to properly define the Location

6.3 By submitting a new Location, the PM declares to have appropriate title, mandate, license or authorisation to do so, or anyway that all the conditions apply for the Location to be rent, including without limitation (i) the ownership of the property submitted as Location or other equivalent title (i.e. a rental contract explicitly allowing subletting), (ii) the compatibility of any regulation applicable to the property (i.e. Commonhold Regulation) with the purpose of offering the Location on Properset, (iii) all necessary licenses/authorisations with regards to copyright where applicable. 

6.4 Properset reserves the right to refuse any Location submitted through the Platform. Any such refusal or the request of changes in the documentation received by Properset shall not constitute a positive nor negative evaluation on the legitimacy, appropriateness or offensiveness of such documentation. The PM shall be solely responsible for any applicable Law as well as for the application of the T&C.

6.5 In case the Location is refused and then updated on Properset’s request, it will be published on the Platform and will then be available to receive Requests of Use from the Seekers.

6.6 The PM declares that all his rights on the Location published on the Platform are full and legitimate. 

6.7 The PM grants to Properset the faculty to user for promotional and/or commercial purposes the photos  referred to in Section 6.2 n. 7 and the information on the geolocalisation of the Location (without displaying the precise address).

  1. Booking

7.1 All the information provided by the PM relatively to his Location(s) is available on the Platform, including the details about the characteristics and any additional service included in the Location Page. If the PM wants to make any change and/or integration on the Location description, characteristics and details, he shall first communicate such changes to Properset. Properset reserves the right to approve or refuse the PM’s request of modification at Properset’s sole discretion. If approved, any such a change is intended to be effective only for reservations submitted and confirmed after said changes have been approved by Properset and consequently published on the Platform.

7.2. In order to reserve any Location, the Seeker shall submit his request (henceforth Request of Use) contacting the PM through the Location Page.

7.3 The Booking process is complete only after the Seeker receives from Properset the confirmation of his Request of Use subsequently to the payment by the Seeker of the Rental Price as laid out in Section 8. The PM will be able to monitor the total number of confirmed bookings through the Platform and to see the username of any Seeker who submitted a Request of Use. If for any reason this feature is not available on the Platform, the PM has the right to request such information to Properset at any time and Properset commits to provide it as soon as possible.

7.4 Properset reserves the right to cancel at any time and at its sole discretion one or more Bookings for organisational or safety reasons, as well as for unsatisfactory documentation and any other right cause. In such a case the PM shall be entitled to no refund whatsoever (including without limitation coverage of expenses) neither from Properset or the Seeker. 

  1. Refund

8.1 It is intended that Properset will never be part of any contract, including without limitation any rental agreement, formed between the Seeker and the PM. In case the Seeker requests a Refund of the Rental Price after having paid it through the Platform:

  1. a) said refund will be granted to the Seeker only if requested within 15 days prior to the first day he would rent the Location from. Even when and if completed by Properset, Refunds are intended to be sustained by and on behalf of the PM and the Owner, and that therefore the amount pertaining to any refunded Booking shall not be transferred to the PM or the Owner. 
  2. b) the Seeker is not entitled to any Refund if the refund request is received after the term referred to in 8a, and the Rental Fee with be transferred to the PM and/or the Owner

8.2 The Seeker understands and agrees that in any circumstance the refundable amount corresponds to the Owner Fee deducted of the Subscription Fee

  1. Payments

9.1 All payments processed through Properset are finalised through a third party payment gateway, to which the Seeker will redirected to in order to complete the payment of the Rental Fee as defined below. Properset does not act as official seller nor as payment service provider, but only grants access to the Platform and maintains it. 

9.2 Seekers will send payments via:

bank wire

debit or credit card;

9.3 Bank wires shall be issued by the Seeker to the bank accounts communicated by Properset upon completing the payment;

9.4 Credit and debit card payments will be managed by Stripe, a third party gateway. The Seeker will initiate the payment process on the Platform and then redirected to Stripe to ensure the security and efficiency of the transaction. These CoUPM are intended to include all the provisions about Payments defined in the CoU and Stripe’s terms and conditions, available at  https://stripe.com/it-es/ssa. Properset is not liable for any damage or loss suffered by the PM from the use of Stripe and its service.

9.5 Upon completing the payment, the Seeker will be shown the entire Rental Price, which consists in the following:

Property Manager Fee;

Owner Fee;

Subscription Fee.

9.6 Properset reserves the right to modify at any time and without notice the amount of the Rental Price, even on single booking and because of commercial or marketing activities.

9.7 Properset will take care of:

transferring the Property Manager Fee to the Property Manager;

transferring the Owner Fee to the Owner;

It is intended that before paying out the Property Fee and the Owner Fee, Properset will deduct the amount of the Subscription Fee. Properset will issue payments exclusively to the bank accounts registered by the Property Manager in his user account (for the Property Manager Fee share) and in the Location Page (for the Owner Fee). Technical times for bank wires are intended to be no shorter than 3 working days starting from the last day of the Location booking, to which standard bank wire process time must be added. 

9.8 Properset is not responsible for neither the Seeker or the Property Manager’s fiscal and/or accounting position. All fiscal and accounting documentation (i.e. invoices, receipts etc.) shall be issued by the Property Manager directly to the Seeker whenever required by any applicable Law. It is the Property Manager and the Seeker’s responsibility to verify the requirements, the conditions and the terms for producing all necessary fiscal documentation to the Seeker.

9.9 In order to produce and send the necessary fiscal documentation (including without limitation invoices, receipts and any other equivalent document regardless of how it can be referenced to), the PM can use the data provided by the Seeker upon registration in their latest version as available on the Platform. The Seeker must provide correct, valid and updated information and guarantee that none of his personal data transmitted to Properset are false or wrong. In no case Properset shall be liable for the guilty or malicious wrongeness or falseness of the information transmitted by the Seeker. The PM shall at any time be solely responsible for the verification of all data and information required for the production and transmission of any fiscal and accounting documentation to the Seeker. The PM commits to indemnify and hold harmless Properset from any direct and indirect damage and/or liability deriving from the use of wrong or false fiscal and accounting data. 

  1. Taxes, Licenses and Certifications

10.1 The PM is solely responsible for (i) identifying his obligations and the descending requirements with regards to licenses, authorisations, taxes, levies and any other fiscal and/or administrative burden; (ii) signalling, collecting and paying taxes, charges and any other fiscal and/or administrative burden; (iii) evaluating the opportunity or the obligation to calculate in the Property Manager fee the amount of any applicable value added tax (VAT) or any other direct levy applicable to other types of visitors, as well as the value of other income taxes.

10.2 Properset may be required by Law to collect fiscal information from the Seeker or to withhold partially or in full the taxes applicable to the payments towards the PM or the Seeker. If a PM fails to provide the necessary fiscal documentation under applicable law (i.e. the fiscal code or the VAT number), Properset reserves the right to block any payment towards any such non-conforming PM or Seeker. 

10.3 It is intended that, unless explicitly required by applicable Law, Properset shall not pay taxes on behalf of its users, of the Seekers or the PMs. Users, Seekers and PMs are solely responsible for any and all taxes due for any activity carried out through the Platform. 

10.4  In some cases, for instance depending on the amount of transactions and their object, the Law might require specific licences or authorisations. Properset is not responsible for investigating the circumstances that compel such requirements and it is intended that PMs and Seekers are solely responsible for finding out whether they require licences, permits or any other kind of authorisation to use the Service and the Platform, as well as for organising, managing and carrying out the Events or any activity pursuant from a transaction completed though the Platform. 

  1. Changes

Properset reserves the right, at its sole discretion, to modify the Platform or the Service, the CoUPM and the T&C at any time and without prior notice. In case the CoUPM are modified, they will be updated on the Platform and and the changes will be notified upon applying said changes on the Platform or the App. The last update date at the bottom of the CoUPM will also be updated accordingly. By continuing to access or to use the Platform and the Service after any change to the Platform or after the notification of any variation in the T&C, the Seekers and PMs accept said modifications. In case a user considers any such a change unacceptable, he must stop using the Platform. 

  1. Relations between the parties

12.1 Properset and the PMs are independent parties and each acts solely on his own name and for his own purpose. These CoUPM do not form any employment, agency, representation, association, intermediation, partnership or franchising contract between Properset and the PM.

12.2 None of the clause in these CoUPM, in the T&C or in any other material produced by Properset can be interpreted to constitute, form or give effect to any company, agency, joint venture or any kind of business entity or fiduciary  between Properset and the Property Manager.

12.3 Rights and obligations of the parties shall be limited to those explicitly mentioned in this document and in the T&C.

12.4 The Service offered by Properset only consists in offering a communication channel between Seekers interested in using a Location and Property Managers offering Locations through a search engine based on innovative techniques and algorithms. Properset does not act as a seller, a buyer, representative or mediator for or any of the parties. Properset solely manage the Platform where, through third party services, Seekers can complete transactions and payments but it has no role in any transaction between Seekers and Property Managers.  

12.5 Properset reserves the right to (i) cancel any Participation Request, even though confirmed, as well as any Event which Properset may consider infringing these CoUPM, the T&C or any other policy published on the Platform; (ii) suspend the Property Manager Accounts connected to any such activity and/or violation.

  1. Jurisdiction and applicable Law

These CoUPM are ruled and interpreted according to the Italian Law.

Any dispute on the validity, interpretation or execution of these CoUPM shall be of exclusively brought to the Court of Rome. 

For all purposes, this Italian language version of these CoUPM shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this Italian language version of these CoUPM and any translation into any other language, the Italian language version shall govern and control.

  1. Additional clauses and reference to the CoU

14.1 Properset is not responsible for the relationships established between Seekers.

14.1 The PM accepts that all the rights and obligations pursuant from these CoUPM and from any other document herein referred to as forming an integral part of the CoUPM can be freely and legitimately transferred by Properset to third parties in case of merger or acquisition;

14.3 By using the Platform, the PM commits to abide with all applicable national and international laws and regulations currently enforced with regard to the Services offered by Properset in connection with the PM’s activity on the Platform. Exceptions to these CoUPM must be requested and granted in writing and will only be effective ager a new agreement is signed between Properset and the PM.  

14.4 All communications from Porperset and the PM will be forwarded to the -mail addressed linked to the Property Manager Account at the time of the communication. Messages and notifications are considered received after 24 hour after their transmission via e-mail unless a delivery-failure warning is not received by Properset indicating the recipient’s address is invalid or not working.  

14.6 In case any of the provisions of these CoUPM is declared invalid or ineffective, all other provisions shall remain valid and binding and the voided one will be substituted where possible with the applicable law. 

Last Update: January 5th 2020

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