TERMS OF SERVICE

1. INTRODUCTION

Welcome to duashpi.al (the "Platform"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and duashpi.al ("we", "us" or "Company").

By using our Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

2. SERVICE DESCRIPTION

Our Platform provides an online space where users can view and search for available properties in Albania, as well as register and list properties for sale or rent. We act as an intermediary to facilitate contact between sellers/landlords and potential buyers/tenants.

3. REGISTRATION AND USER ACCOUNTS

3.1 Account Registration

To list a property on our Platform, you must create an account. During the registration process, we will ask you to provide personal information, including but not limited to: name, surname, email address, phone number, and address. You undertake that all information you provide is accurate, complete, and up-to-date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

3.3 Minimum Age

You must be at least 18 years old to create an account and use our services.

4. PROPERTY LISTINGS

4.1 Property Information

Users who list properties ("Listers") are responsible for providing accurate and complete information about their properties, including descriptions, photographs, prices, and contact details.

4.2 Unacceptable Content

It is strictly prohibited to post properties that:

  • Do not exist or are not legally available for sale/rent
  • Include misleading or inaccurate information
  • Violate applicable laws, including property laws in Albania
  • Promote illegal or unethical activities

4.3 Right to Remove Listings

We reserve the right to remove any property listing that violates these Terms or is deemed inappropriate at our discretion.

5. USER INTERACTIONS

5.1 Communication

Our Platform facilitates communication between Listers and interested users. We are not responsible for the behavior of our users during these interactions.

5.2 Transactions

We are not a party to any transaction between Listers and buyers/tenants. All agreements, payments, and property handovers are the responsibility of the users involved.

6. PLATFORM USAGE CONDITIONS

We reserve the right to establish conditions for the use of our Platform. Any changes to the terms of use will be notified to you through the Platform and/or the email address associated with your account.

7. PURCHASES OF CREDITS AND SERVICES

7.1 No Refunds Policy for Used Services

For all purchases of credits or services on our Platform, we maintain a strict no-refund policy for credits that have been used or services that have been activated. Once credits have been used or services have been consumed, no refunds will be provided.

7.2 Refunds for Service Unavailability

Users may request a refund if the Platform becomes permanently unavailable (e.g., if the website is permanently closed or the company ceases operations) or if the purchased service cannot be provided at all. In such cases, refunds may be issued proportionally for unused credits or services that can no longer be accessed or utilized.

To request a refund in such circumstances, please contact us at [email protected] with proof of purchase and details of the unused credits or services.

This policy applies only to transactions between users and the Platform for credits and services. It does not apply to transactions between users (e.g., between property listers and potential buyers/tenants), which are governed by Section 5.2 of these Terms.

8. INTELLECTUAL PROPERTY RIGHTS AND PROHIBITION OF SCRAPING

8.1 Platform Content and Prohibition of Scraping

All intellectual property rights related to the Platform, including but not limited to text, graphics, logos, images, software, database, and any other information displayed on our site, are the exclusive property of the Company or its licensors.

8.1.1 Strict Prohibition of Scraping and Data Collection

Any form of scraping, crawling, harvesting, extraction, or automated data collection from our Platform without our written consent is strictly prohibited. This includes, but is not limited to:

  • Using automated tools, scripts, bots, or software to collect data
  • Systematic copying of content from the Platform
  • Using unauthorized APIs
  • Creating databases by copying and storing information from our Platform
  • Any attempt to circumvent technical measures we have put in place to prevent such activities

Any violation of this provision will result in the immediate termination of your access to the Platform and may lead to civil and/or criminal legal actions against you, including claims for compensation for damages caused.

8.2 User Content and Copyright Rights

By posting information, photographs, descriptions, videos, or any other content on our Platform, you grant the Platform a non-exclusive, global, perpetual, transferable, royalty-free license to use, copy, modify, publish, and distribute the content for any purpose, including but not limited to operating, promoting, and improving the Platform.

All materials posted on the Platform are considered to be owned by the user who posted them, but the Platform retains the full right to use this content as described above, even after the closure of your account. This license does not limit your right to use and license the same content in other ways and to third parties.

8.3 Copyright Infringements

If you believe that any content on our Platform infringes your copyright, please notify us at [email protected].

9. DATA PROTECTION AND PRIVACY

We are committed to protecting your privacy. The collection and use of your personal information is governed by our Privacy Policy, which is available here.

10. RESPONSIBILITIES AND WARRANTIES

10.1 User Responsibility

You are responsible for all your activities on the Platform and for any content you post.

10.2 Disclaimer of Warranties

The Platform is provided "as is" and "as available". We make no warranties, expressed or implied, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Limitation of Liability

In no event shall we be liable for direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the Platform.

10.4 Violations of Platform Rights and Legal Responsibility

You acknowledge that any action taken by you that violates these Terms, especially provisions regarding scraping and intellectual property rights, may result in significant financial and reputational damage to our Platform, which will be subject to legal actions. In case of violation, we reserve the right to seek compensation to the maximum extent permitted by law, including payments for legal expenses and damages caused.

11. TERMINATION

11.1 Termination by User

You may terminate your account at any time by contacting us at [email protected].

11.2 Termination by Company

We reserve the right to suspend or terminate your account and access to the Platform, with or without notice, for any reason, including breach of these Terms.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

12.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Albania, regardless of conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred initially to mediation in accordance with Albanian laws. If the dispute cannot be resolved by mediation within 30 days, the parties submit to the exclusive jurisdiction of the Albanian courts.

13. CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms at any time. Changes will take effect immediately upon posting of the updated Terms on the Platform. Your continued use of the Platform after posting of the revised Terms constitutes your acceptance of the changes.

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Platform.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Language

These Terms have been drafted in the English language. Any translation is provided solely for convenience, and in the event of a conflict between the English version and any translation, the English version shall prevail.

15. CONTACT US

If you have any questions regarding these Terms, please contact us at [email protected].

By using our Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

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