These Terms and Conditions (the "Terms") govern the use of our online platform (the “Platform”) that operates on the website www.focoasset.cl (the "Site"), which can be accessed both through our Site and through our mobile device application ("Application"). Our online Platform connects people who have real estate for sale ("Seller(s)") with people who are interested in buying real estate ("Buyer(s)"). The Buyers, Sellers and other users of the Services are collectively referred to as "Users" in these
ANYONE WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A COMPULSORY AND BINDING CHARACTER, MUST REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
Further, if you are accessing and using the Services on behalf of a Buyer, Seller, entity, company or acting as the agent of any of the above, you represent and guarantee that you have the full legal authority and the ability to link to that Buyer, Seller, entity or company to these
The Terms can be modified at any time, at our sole and absolute discretion. If we do it, you will be informed already through the publication of the modified Terms on the Site or the Application or through other communications. It is important that you review the Terms whenever they are modified, since by continuing to use the Services after we have posted the modified Terms, you are indicating to us by your use that you accept the modified Because our Services evolve over time, we may change or discontinue all or part of the Services, at any time and without prior notice, at our sole and absolute discretion.
Technological Platform FocoAsset offers a service and technology platform through which Sellers and Buyers of real estate can connect. The Sellers can subscribe to the Services and create a list of real estate properties that are for sale by posting "Ads". The Buyers can browse the ads and contact the Seller or their property broker, if applicable, through the Services if they are interested in buying a property. As described next, FocoAsset may also act as a real estate agent or broker for the Seller or Buyer in relation with the sale of any listed Property.
Performance of FocoAsset as the User's real estate agent or broker FocoAsset may also act as the User's real estate agent or broker in relation with the sale of a Property included in an Ad. If you are a User and you want FocoAsset to represent you as your agent or real estate agent, You agree to notify FocoAsset in writing or through a communication method presented to you through the Services, and if FocoAsset agrees to represent you, you will be asked to sign a representation contract with FocoAsset that will govern the terms of the real estate agent / intermediary relationship between you and FocoAsset. Although the Representation Contract it is an agreement between you as a User and FocoAsset, the terms and conditions of the Representation Contract are independent of, and in addition to, these In the event of conflict or inconsistency between these Terms and the Representation Contract regarding FocoAsset's role for the sale of a Property, the Representation Contract will prevail.
User's real estate agent or broker other than FocoAsset Although Users are not required to work with a real estate agent or broker to buy or sell a Property included in an Ad, in the case that it has a real estate broker, the User must expressly send his information to FocoAsset. In such cases, the contracts entered into by the Users with their respective agent or property broker will govern in the terms that you and your real estate agent have agreed upon. Users are solely responsible for complying with Users' obligations under any agreement they enter into with any real estate agent or broker, including the payment of any commission or fee under such agreement. If a User does not expressly submit the information of their real estate agent or broker to the Services, it is considered that they are not represented by a real estate agent or broker in connection with the purchase of a Property.
Other services Through our Services, we may also provide data analysis, valuation estimates, asset management and other information services to Users. The information is collected from different sources, these can be state agencies, public sources of open use or information provided by the Users themselves. FocoAsset is not responsible for the veracity of the data provided by the Users themselves, nor for any changes that may occur in the information provided as a reference.
Who can use the services To use the Services it is necessary to have the capacity to contract, therefore, they cannot be used by those under 18 years of age and incapacitated in accordance with applicable law.
Registration and your information If you wish to use certain functions of the Services, you must create an account ("Account") and register on the Platform. You can do this either through the Site, the Application, or, or through your account with certain third-party social networking services such as Facebook (a "RRSS Account "). If you choose the RRSS Account option, we will create your Account by extracting certain personal information from your social media account, such as your name and email address and other personal information that your privacy settings on the respective social network allow us to access.
It is the User's responsibility to maintain accurate, complete, and up-to-date information in their Account and agrees to update such information, as necessary, to keep it accurate, complete, and up-to-date. If you do not, FocoAsset may suspend or terminate your Account. You agree that you will not reveal your Account password to anyone and will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that take place on your Account, whether you are aware of them or do not agree with them.
Seller Terms The terms in this Section apply to you if you are a Seller. If you are a Buyer, please see the Section titled "Buyer Terms" below.
Not endorsed We do not endorse or endorse any Seller and your posting of an Ad does not mean that you or your posting is being endorsed in any way by us, even if FocoAsset acts as Seller's real estate agent or broker in respect of a particular Listing. We do not perform background checks on Sellers on a routine basis, but we reserve the right to do so at our discretion, for which you agree to cooperate with us and provide us with all the information and fill out the necessary forms that we request in the event that we decide to conduct a verification of background. We are not responsible for any damages or losses that result from your communications or interactions with Buyers or other Sellers, whether through the Services or otherwise. Sellers are not employees, agents or contractors of FocoAsset, but are independent persons outside of FocoAsset who wish to post advertisements and connect with Buyers.
Unless something different is expressly provided in a Representation Agreement with FocoAsset, you agree that any legal recourse or liability that you seek to obtain for actions or omissions of the Buyer or other third parties with respect to the Ads or any Sale Contract granted with a Buyer to The purchase of a Property will be limited to a claim against the particular Buyer or other third parties, which caused you damages and you agree not to attempt to make a claim for damages against FocoAsset, nor to file any legal recourse from FocoAsset with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with your real estate agent or broker regarding Listings and Properties in which a Buyer has expressed interest and about which the Buyer has communicated with their real estate agent or broker through services. That said, you can also contact us and we will take whatever action we deem appropriate.
Your Obligations as a Seller When you create an Ad, you will need to send us information about the Property, including but not limited to pictures, general information about the property, and information about tenants and leasing. You hereby grant FocoAsset a license to use such information to operate the Services. Please see the section below titled "Rights to Content Granted by You". It is important that such information is complete and accurate, and we do not verify such information or the User Content that you provide to us through the Services for your Ads. You agree that you are responsible for all Ads that you post and for keeping the information in the Ads up to date, including up to the date of sale of the Property. We reserve the right to reject an Ad for any reason in our sole and absolute discretion. We will notify you if we reject your Ad, giving you the opportunity to modify it through a form that will be sent to you.
"Additional Property Information" means information about the Properties included in the Ads, including, but not limited to, appraisal estimates, inspections, pest reports, conditions, repairs, cost estimates, financial estimates, neighborhood information, photographs, lease verification, property management terms, title, permits, and lien information, which we obtain from a variety of sources. This additional proprietary information is authorized by users under the section below titled "Rights in Content Granted by FocoAsset ". Our provision of the additional property information to Users does not in any way mean that we have endorsed or endorsed the Seller or the Seller's advertisement. Seller hereby authorizes FocoAsset to act on its behalf, if applicable, to collect the Additional Property Information and agrees to grant FocoAsset any necessary authorization to do so. You acknowledge that the Additional Property Information available through the Services is current as of the date it was generated and FocoAsset does not guarantee that the Additional Property Information is accurate or up-to-date on that date that Users access. and see the Additional Property Information.
Contract with Buyers You acknowledge and agree that you, and not FocoAsset, will be responsible for fulfilling the obligations of any contract with the Buyer, and FocoAsset is not a party to such contracts or Purchase Agreements and waiver of all liability derived from or related to such contracts. You represent and warrant that you will act in accordance with all applicable laws in relation to the Ads you post using the Services and any sale of Properties to Buyers.
Buyer Terms The terms in this Section apply to you if you are a Buyer. If you are a seller, please see the "Seller Terms" section above.
Absence of Buyer Verification and Diligence We do not endorse any Seller or Seller Ads. We are not required to perform background checks on any Seller, but we may do so at our discretion. Sellers are not employees, agents or contractors of FocoAsset, but are independent persons or entities who wish to connect with Buyers. FocoAsset is not responsible for any damages resulting from your communication or interaction with Sellers or other Buyers. We may, on behalf of the Seller, provide Additional Property Information to Buyers through the Services on a Seller's List, however, FocoAsset does not guarantee that the Additional Property Information is accurate or complete or that it is up-to-date. .
Disclaimer THE BUYER ACKNOWLEDGES THAT WITH RESPECT TO THE ESTIMATES, FORECASTS AND PROJECTIONS DISPLAYED ON THE SITE, (i) NO WARRANTY CAN BE GIVEN AS TO THE ACCURACY OR APPROPRIATION OF THE ASSUMPTIONS AND JUDGMENTS, NOR TO THE METHODOLOGIES USED, AND (ii) SUCH ESTIMATES, FORECASTS AND PROJECTIONS ARE MADE IN THE FUTURE TIME, THEREFORE, THEY MAY INVOLVE RISKS AND UNCERTAINTIES THAT MAY CAUSE THE RESULTS TO BE DIFFERENT. , FORECASTS AND PROJECTIONS. THEREFORE, BUYER SHALL RELY ON SUCH ESTIMATES, FORECASTS AND PROJECTIONS AT ITS OWN RISK.
The buyer understands and acknowledges (i) that investing in real estate is risky and unpredictable; (ii) that the real estate industry has its ups and downs; and (iii) that the Property he purchases may not be rented in amounts sufficient to cover his debt, expenses and liabilities, and may not result in positive cash flow. Buyer further understands and acknowledges that the value of any Property purchased may decrease after purchase and that future property values are unpredictable and may decrease. The buyer also acknowledges and agrees that FocoAsset is not an investment or tax advisor, and you must make your own investment and tax decisions, either alone or with the assistance of tax advisers and professional advisers.
Liability You agree that any legal recourse or liability you seek for actions or omissions of the Seller or other third parties with respect to the Ads or any Sales Agreement that you enter into with a Seller for the purchase of a Property, you will be limited to a claim against the particular Seller or other third parties that caused you harm directly and you agree not to attempt to make a claim for damages or liability against FocoAsset, or to seek any legal recourse against FocoAsset with respect to such actions. or omissions. For additional terms related to liability, please also refer to the paragraphs below titled "Indemnification" and "Limitation of Liability".
We encourage you to communicate directly with Sellers regarding the Ads they have posted for their Properties. You can also contact us and we will take whatever action we deem appropriate.
You acknowledge and agree that we are not acting, directly or indirectly, as your real estate agent or broker, contracting agent or other representative. Regardless of whether or not you have entered into an intermediary Agreement, as a Buyer, you agree that the Seller will ask you to enter into a Sale Agreement with him to purchase the desired Property and accept any terms, conditions, rules and restrictions imposed by the Seller. You acknowledge and agree that you, and not FocoAsset, will be responsible for complying with the obligations of any contract with the Seller, and that FocoAsset is not a party to such contracts or Sale Agreements and waives all liability derived from or related to such contract.
When deciding to buy a Property included in an Ad, you must select the “Invest“ option. Having filled in the data and accepted the Terms and Conditions of the selected Plan, you will be able to see the Buyer's contact details. Data with which you can contact you and make the purchase of the Property.
Content and content rights For the purposes of these Terms: (i) "Content" means data, text, graphics, images, music, software, audio, video , works of authorship of any kind, and information or materials that are published, generated, provided, or otherwise available through the Services, including Additional Property Information; and (ii) "User Content" means any Content that Users provide to be available through the Services, including Ads posted by Sellers. Content includes, without limitation, User Content.
Content Ownership FocoAsset does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict the rights you may have to use and exploit your Content of the User. Subject to the foregoing, FocoAsset and its licensors are the exclusive owners of all rights, titles and interests in the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You You hereby grant FocoAsset a non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license to (i) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content online. with the operation and provision of the Services for you and for other Users; and (ii) use, copy and store any Content that we obtain from your property manager.
You represent and warrant that you own all of your User Content or that you own all rights that are necessary to grant us the license rights in your User Content under these Terms.
You can remove your User Content, including an Ad, by specifically removing it, through the functionality of the Services. However, in certain cases, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the FocoAsset services. We are not responsible for the removal or non-removal of your User Content.
Rights granted by FocoAsset to the User on the Content Subject to your compliance with these Terms, FocoAsset grants you a non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access , view and print the Content only in connection with a Permitted Use of the Services. A "Permitted Use" means any use of the Content in connection with the FocoAsset Services, excluding activity prohibited under the General Prohibitions provisions below or the use of analytical data made available to you through the Services, for purposes regardless of the Services.
Third Party Content We may display Content that is owned by a third party or has been provided to us by a third party ("Third Party Content"). For example, we can show the loan rates offered by a third party; Even if FocoAsset displays loan rates through the Services, FocoAsset is not a money lender and does not accept, review, or process loan applications. FocoAsset does not claim any ownership rights over Third Party Content. We provide Third Party Content only for your convenience and you must not post or distribute Third Party Content. Our provision of Third Party Content does not mean that we have verified, endorsed or endorsed the third parties or the Third Party Content they have provided. Your use of Third Party Content is at your own risk and FocoAsset disclaims all liability related to your interaction with Third Party Content or the corresponding third parties. FocoAsset may share personally identifiable information that you provide to us through the Services and the financial and other information we hold about you with third parties so that third parties can personalize the Content they provide to you. We will comply with applicable legal requirements in relation to how we share this information.
Rights and conditions for Applications Subject to your compliance with these Terms, FocoAsset grants you a limited, non-exclusive, non-transferable and non-sublicensable license to download and install a copy of the Application on a mobile device or computer that you own or control. You may not copy the Application, except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, loan or rent the Application to a third party; (iii) reverse engineer, decompile or disassemble the application; or (iv) make the functionality of the Application available to multiple users through any means. FocoAsset reserves all rights to the Application that were not expressly granted to it under these Terms.
General prohibitions You agree not to do the following:
(a) Post, upload, post, send or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret , moral rights or other intellectual property rights or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or misleading; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that threaten any person or entity; or (vii) promotes illegal or harmful activities or substances; (b) Using, displaying, duplicating or framing the Services or any individual element within the Services, the name of FocoAsset, any trademark, logo or other proprietary information of FocoAsset, or the design and layout of any page or form contained in a page, without the express written consent of FocoAsset; (c) Access, alter or use non-public areas of the Services, FocoAsset's computer systems or the technical delivery systems of FocoAsset's providers; (d) Attempt to probe, analyze or test the vulnerability of any FocoAsset system or network or violate any security or authentication measure; (e) Avoid, circumvent, eliminate, deactivate , alter, decode or circumvent any technological measure implemented by FocoAsset or any of the providers s from FocoAsset or any other third party, including another user to protect the Services or Content; (f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism, including spiders, robots, crawlers, data mining tools or the like, other than the software and / or search agents provided by FocoAsset or other web browsers from third parties generally available; (g) Send any unsolicited or unauthorized advertising, promotional materials, email, spam, spam, chain letters or other form of request; (h) Use meta tags or other hidden text or metadata using a FocoAsset trademark, URL logo or product name without the express written consent of FocoAsset; (i) E use any TCP / IP packet header or any portion of the header information in any email or newsgroup post, or in any way use the Services or Content to send altered, misleading, or false information that identifies the source; (j) Attempting to decrypt, decompile, disassemble, or reverse engineer the software used to provide the Services or Content; (k) Copy, modify or create derivative works based on the Content and the Services, other than your own User Content; (l) Interfere with, or attempting to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or bombing the Services; (m) Collect or store any personally identifiable information to the Services of other Users of the Services without their express permission; (n) Impersonate or misrepresent your affiliation with any person or entity; (o) Violate any applicable law or regulation; (p) Post or distribute any Content or Third Party Content without the prior written consent of FocoAsset or encourage or enable any other person to do any of the above;
Although we are not required to control access or use of the Services or Content, or to review or edit any Content, we have the right to do so in order to operate the Services to ensure compliance with these Terms; and to comply with applicable law or other legal requirements. We reserve the right, but have no obligation, to remove or disable access to any Content, including User Content, at any time and without prior notice, including, but not limited to, if, in our sole discretion, we consider that any Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affect the Services. We can also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Policy FocoAsset respects copyright law and expects its Users to do the same. It is FocoAsset's policy to suppress or restrict access, in appropriate circumstances, to Users who repeatedly infringe or are believed to repeatedly infringe the rights of copyright holders. FocoAsset's policy is to manage claims for copyright infringement by Users and third parties in accordance with applicable law.
Links to third party websites or resources The Services and the Application may contain links to third party websites or resources, including Third Party Content as described above. We provide these links for your convenience and we are not responsible for the content, products or services available on such websites or resources or links displayed on such websites. You acknowledge sole responsibility and assume all risks arising from your use of third party websites or resources.
Termination We may terminate or terminate your access to and use of the Services for any reason or no reason, in our sole discretion, at any time and without prior notice. You can also cancel your Account at any time by sending an email to firstname.lastname@example.org . Upon termination, suspension or cancellation of Services or your Account, the following provisions will remain in effect: Contract with Buyers, Contract with Sellers, Warranty Disclaimers, Indemnification, Limitations of Liability and Dispute Resolution Provisions, and any other provision that by its meaning and the context are destined to survive.
The Services, including the Content, Ads and any User Content, are provided without warranty of any kind. Notwithstanding the foregoing, we expressly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and any warranties arising out of the course of trading or commercial use. We do not guarantee that the Services will meet your requirements or that they will be available uninterruptedly, securely or error-free or with respect to the quality, accuracy, currency, veracity, integrity or reliability of any content or publication. Specifically, we do not offer any guarantees that use of the FocoAsset Platform will result in Buyers of your Properties. We do not offer any guarantees regarding the quality or accuracy of the Ads or Services or the quality of the Properties, identity, character or conduct of Buyers and Sellers and we do not assume any responsibility to the Buyer or Seller for any applicable laws and regulations. You agree to take reasonable precautions in all communications and interactions with Users with whom you communicate or interact, as a result of using the Services, particularly if you decide to meet online or in person.
You will indemnify, defend and hold FocoAsset and its officers, directors, employees and agents harmless from and against each and every one of the claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, but not limited to, reasonable legal and legal aspects. accounting charges that arise or are related in any way to (i) your access to or use of the Services (ii) your User Content; (iii) your violation of these Terms; (iv) your failure to comply with applicable law in connection with your publication of Listings and sale of Properties if you are a Seller, or your purchase of Properties if you are a Buyer; or (v) the acts or omissions of the third party property manager, real estate broker, agent, lender or title or escrow company.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RISK ARISING FROM THE USE OF THE SERVICES, AND ANY CONTACT YOU HAVE WITH BUYERS, IF YOU ARE A SELLER OR ANY CONTACT YOU HAVE WITH SELLERS IF YOU ARE A BUYER WHETHER IN PERSON OR ONLINE, IT MUST BE ASSUMED BY YOU.
NEITHER FOCUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF EARNINGS, LOSS OF DATA, INTERRUPTION OF THE SERVICE, INTERRUPTION OF THE SERVICE, DAMAGES OF THE SERVICE SUBSTITUTE SERVICES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTIES, CONTRACTS, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL ASSUMPTION. NOT EVEN WHEN FOCUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IT IS PRESENTLY PRESENT THAT THE LAW OF SOME JURISDICTIONS MAY EVENTUALLY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS, SO THE ABOVE LIMITATIONS SHOULD BE UNDERSTOOD, SOLELY AND EXCLUSIVELY MODIFIED TO BE APPLIED BY THE APPLICATION ONLY AND EXCLUSIVELY IN THE LAW. OF SUCH JURISDICTIONS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL FOR THE OPERATION OF THE SERVICES BETWEEN YOU AND FOCUS.
These Terms and any action related to them will be governed by the laws of the Republic of Chile, for which reason, you agree to submit to the exclusive jurisdiction of the courts established in Chile.
These Terms constitute a complete and exclusive agreement between FocoAsset and you regarding the Services, these Terms supersede and supersede any prior oral or written understandings or agreements between FocoAsset and you regarding the Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be applied to the fullest extent permitted and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by law or otherwise, without FocoAsset's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. FocoAsset may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and benefit the parties, their successors, and permitted assigns.
Any notification or other communication provided by FocoAsset under these Terms, including those related to modifications to these Terms, will be given: (i) by email; or (ii) by posting on the Site or App. For notifications made by email, the date of receipt will be considered the date on which said notification is transmitted.
The non-performance or failure of FocoAsset to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of such right or provision will be effective only if it is made in writing and signed by a duly authorized representative of FocoAsset. With the exception of what is expressly established in these Terms, the exercise by any of the parties of any of its resources or rights under these Terms will be without prejudice to its other resources that under these Terms it may exercise.
If you have any questions about these Terms or the Services, please contact FocoAsset at email@example.com