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Terms and Conditions

Service Provider Information

This website is operated by JHELY GLOBAL S.L. (hereinafter "JHELY", "the Company", "we" or "us"), a company incorporated in Spain with NIF: ES B67973388. Registered office: Paseo de la Sierra 29, 29018 Málaga, Spain. Inscrita en el Registro Mercantil de Málaga, Tomo 6119, Folio 148, Hoja MA-165094, Número de inscripción: 1, Fecha inscripción: 25/01/2022. Contact: [email protected].

By accessing the website at JHELY , you confirm that you have read, understood and agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy and our Cookie Policy. If you do not accept these Terms in their entirety, you must immediately stop using the website. These Terms constitute a legally binding agreement between you and JHELY GLOBAL S.L.

Definitions

"Platform" or "Portal" means the JHELY website, its subdomains and all country-specific versions. "User" means any person who accesses or uses the Platform, whether as a visitor, registered user, buyer, seller, landlord or tenant. "Agent" means a real estate professional or agency with a registered account on the Platform used to publish listings. "Listing" means any property advertisement published on the Platform. "Content" means text, photographs, videos, floor plans, descriptions, virtual tours and any other material uploaded to or displayed on the Platform.

Platform Role

JHELY operates an online real estate marketplace connecting property advertisers (agents, owners, developers) with prospective buyers, tenants and investors. JHELY is not a party to any transaction between users. We do not provide estate agency services, legal advice, valuations or financial services. The information displayed on the Platform is provided by third-party advertisers and JHELY does not verify, endorse or guarantee its accuracy. Users must carry out their own independent verification and due diligence before entering into any property transaction.

Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account or use the Platform. By using the Platform, you represent and warrant that you meet this requirement and that any information you provide is accurate and complete.

Use License

Permission is granted to temporarily access and use the materials on the Platform for personal, non-commercial transitory viewing only. This is the grant of a limited, revocable, non-exclusive licence — not a transfer of title — and under this licence you may not:

modify, copy, reproduce, republish or redistribute any material from the Platform;
use the materials for any commercial purpose or for any public display (commercial or non-commercial), except as expressly authorised by a valid Agent subscription;
attempt to decompile, reverse engineer, disassemble or otherwise derive the source code of any software contained on the Platform;
remove any copyright, trademark or other proprietary notices from the materials;
transfer the materials to another person or "mirror" the materials on any other server.

Data Mining and Scraping Prohibition

You may not, directly or indirectly, scrape, crawl, index, harvest, data-mine, use automated robots, spiders or any analogous process to systematically access, download, store, redistribute or exploit any part of the Platform's content, databases, listings, photographs or metadata. This prohibition applies regardless of the technical means used, the purpose of the extraction and whether the data is protected by intellectual property rights or the sui generis database right (Directive 96/9/EC). Violation of this clause entitles JHELY to immediately suspend or terminate your access, block your IP address(es) and seek injunctive relief and damages, including statutory damages where available under applicable law.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by JHELY at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Agent Content Licence

By uploading, publishing or otherwise making available any Content on the Platform, you grant JHELY a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use, reproduce, modify, adapt, create derivative works from, distribute, publicly display and publicly perform such Content in any media now known or hereafter developed, for the purpose of operating, promoting and improving the Platform and JHELY's services (including via social media, partner portals, marketing materials, email campaigns and any syndication channels).

This licence survives for ninety (90) calendar days after the Content is removed from the Platform or after your account is terminated, whichever occurs later, to allow JHELY to complete any ongoing distribution, caching and promotional activities. After the survival period, JHELY will cease active use of the Content, although residual copies may persist in backups and caches.

You represent and warrant that: (a) you own or have all necessary rights and licences to grant this licence; (b) the Content does not infringe any third-party intellectual property, privacy or publicity rights; and (c) you have obtained all required model and property releases. You shall indemnify JHELY against any claim arising from a breach of these warranties.

Disclaimer

The materials on the Platform are provided on an "as is" and "as available" basis. JHELY GLOBAL S.L. makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, JHELY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Property descriptions, prices, measurements and any other listing details are provided by third-party advertisers and JHELY expressly disclaims any responsibility for their accuracy.

Limitations of Liability

To the fullest extent permitted by applicable law, in no event shall JHELY GLOBAL S.L. or its directors, employees, affiliates, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, or any damages for loss of profits, revenue, data, business opportunities, goodwill or other intangible losses, arising out of or in connection with your use of or inability to use the Platform. In jurisdictions that do not allow the exclusion or limitation of certain warranties or liabilities, our liability shall be limited to the maximum extent permitted by law.

Accuracy of Materials

The materials appearing on the Platform could include technical, typographical, or photographic errors. JHELY does not warrant that any of the materials on its website are accurate, complete or current. JHELY may make changes to the materials contained on its website at any time without notice. However JHELY does not make any commitment to update the materials.

Links

The Platform may contain links to third-party websites. JHELY has not reviewed all linked sites and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by JHELY of the site. Use of any such linked website is at the user's own risk.

Listing Rules

Agents and property owners must ensure that every listing: (a) describes a real property that is genuinely available for sale or rent; (b) contains accurate and up-to-date information (price, size, location, features, photographs); (c) does not infringe any third-party rights, including intellectual property and image rights; (d) complies with applicable advertising, consumer-protection, housing and anti-discrimination legislation. JHELY reserves the right to remove or de-list any listing that violates these rules, without prior notice and without liability.

Right of Withdrawal (EU Consumer Rights)

If you are a consumer within the European Economic Area, you have the right to withdraw from a distance contract within 14 calendar days without giving any reason (Articles 102–108, Ley General para la Defensa de los Consumidores y Usuarios / Directive 2011/83/EU). The withdrawal period expires 14 days from the date the contract is concluded. To exercise the right of withdrawal, you must inform us of your decision by a clear statement (e.g. e-mail to [email protected]).

By subscribing to a paid Plan and expressly consenting to immediate performance, you acknowledge that you lose your right of withdrawal once the service has been fully performed during the withdrawal period. If the service has only been partly delivered, you may still exercise withdrawal and will be refunded on a pro-rata basis for the unexpired portion of the billing cycle.

Modifications

JHELY reserves the right to modify these Terms at any time. Material changes will be communicated to registered users at least 30 days before they take effect, via e-mail or a prominent notice on the Platform. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your account before the changes come into effect.

Billing and Recurring Fees

Users make use of the services offered by JHELY through the Platform. Billing and recurring fees are charged by JHELY GLOBAL S.L.

In order to use the services offered via the different plans, you must subscribe to a plan ("Plan") and pay a subscription fee. The company offers different Plans and subscription fees for agents and individuals. The rates for all plans will be visible at /plans and any modification to the rates will be communicated to current subscribers at least 30 days before taking effect. The "subscription fee" or "recurring fee" is a fee that will be charged on a recurring basis until cancellation of the Plan. All Plan subscription fees are billed in advance.

Users who subscribe to a Plan become subject to a recurring fee charged every month from the beginning of the Plan subscription (a billing cycle). In case of failure to charge/debit your payment method, you may lose access to the Plan services until you resolve the issue. The company does not charge late fees or interest for the Plans and the user may terminate their account and subscription at any moment.

In case you have been accidentally charged after you have terminated your account or subscription, please contact support at [email protected] for a refund after verification of the error.

Term and Termination

These Terms enter into effect when you first accept them and remain in effect until terminated. Either party may terminate this agreement at any time: (a) you may close your account through your account settings or by contacting us; (b) JHELY may suspend or terminate your access upon reasonable notice (except where immediate action is required to protect the Platform, other users, or comply with a legal obligation). A material breach of these Terms may result in immediate termination of your licence without prior notice. Upon termination, any licences granted to you under these Terms will immediately cease, and you must delete and/or destroy all downloaded material in your possession.

Disputes

The parties shall attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. A party wishing to raise a dispute shall send a written notice to the other party describing the matter in reasonable detail.

If the dispute is not resolved by negotiation within thirty (30) days of receipt of such notice, either party may submit the dispute to the competent courts in accordance with the Governing Law clause below.

If you are a consumer in the EU or EEA, you may seek assistance from your national consumer-protection authority or through certified Alternative Dispute Resolution (ADR) entities in your country of habitual residence. JHELY is not obligated to participate in ADR proceedings unless required by law. Our internal complaint channel is available at [email protected].

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the Kingdom of Spain. Any dispute arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the Courts of Málaga, Spain, without prejudice to any mandatory consumer-protection forum that may apply under your local law.

Reporting Illegal Content (Digital Services Act)

In accordance with Regulation (EU) 2022/2065 (Digital Services Act), if you believe that any content on the Platform is illegal under applicable EU or national law, you may submit a notice to our single point of contact at [email protected]. Your notice should include: (a) identification of the content and its URL; (b) an explanation of why you consider it illegal; (c) your name and contact details; and (d) a declaration of good faith. We will process notices without undue delay and inform you of our decision. You have the right to challenge our decision through our internal complaint-handling mechanism.

Privacy and Cookies

Your use of the Platform is also governed by our <a class="font-bold underline text-yellow-logo" href="/{props.country}/privacy">Privacy Policy</a> and our Cookie Policy, which describe how we collect, use and protect your personal data in compliance with the GDPR and applicable data protection legislation.

Language

These Terms are drafted in English and may be provided in other languages as a convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English-language version shall prevail to the fullest extent permitted by applicable law.

Contact

For any questions regarding these Terms, please contact us at [email protected].

REA Code of Conduct

Jhely Gibraltar operates in accordance with the Real Estate Association Code of Conduct. View the REA Code of Conduct