Terms and Conditions

Introduction

Welcome to the Terms and Conditions page of Wishspain.com, the favorite place specialized in the Spanish real estate market and available for millions of users from all corners of the globe. Wishspain.com offers professional property listings for our multinational audience of property buyers on behalf of third party national and international real estate agencies. This service is offered free of charge to property buyers. Wishspain.com may be also referred in this text as “Platform”, “Website” and “Wishspain”. Wishspain® is a legally registered trademark and whose office is located at Apdo. de Correos 277 – 03730 in Jávea (Xàbia) in the province of Alicante in Spain. Please read the following Terms (the “Terms”) carefully. By accessing and using Wishspain.com you are confirming that you have read, understood and that you agree to the Terms. If you do not agree to be bound by the Terms, you may not proceed and must please refrain from using Wishspain.com. Please note that we may change or amend this Terms at any time and it is your responsibility to be informed by accessing this page/link.

Our mission

Our mission is to help make the real estate market more transparent and easily accessible for any user, may it be a buyer who is looking for his/her dream property in Spain, or a professional real estate seller who works hard every single day to provide quality properties and services. We wish to forge a successful relationship between our users by providing userfriendly, efficient tools on our online application.

Changes to Wishspain.com

We update Wishspain.com regularly and you should be aware that we may change, correct, or remove any content of this Terms or any of our services at any time. While we endeavor to keep Wishspain.com up to date, we cannot guarantee that any content will not be out of date.

Content

Parts of the Wishspain Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Wishspain a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Wishspain pays for the creation of Content or facilitates its creation, Wishspain may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Wishspain the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Wishspain may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Wishspain does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

Managing your listing

Creating and Managing Your Listing: The Wishspain Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your properties, the price, other information as property type, label, description, approximate location or any other information which is of vital importance for the users. You are responsible for keeping your Listing information (including availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your real estate business and suggest you carefully review this Terms and Conditions including our exclusions. You may only maintain one Listing per property, but may have multiple Listings for a single property if it has multiple properties to offer. Know Your Legal Obligations: You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your listing. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of buyers and/or tenants in compliance with applicable privacy laws and these Terms. Search Ranking: The ranking of Listings in search results on the Wishspain Platform depends on a variety of factors, including these main parameters:

Paid positioning services on our platform (e.g. “TOP” listings), listing characteristics (e.g. price, availability, price, location, quality of images, type of service, selling status, age of the listing, etc.).

Search results may appear different on mobile applications than they appear on our website. Wishspain allows to professional users to promote their listings in search or elsewhere on the Wishspain Platform by paying an additional fee/fees. Your Responsibilities: You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your services. You are responsible for setting your price and establishing rules and requirements for your listing. Your Assumption of Risk: You acknowledge that listing of properties carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Wishspain Platform, offering properties and your services, or any interaction you have with other users whether in person or online.

Using Wishspain

Wishspain is a platform which offers advertisement to real estate professionals who wish to offer their real estate portfolio (properties) to potential buyers. Therefore, Wishspain provides subscription plans in order to get a professional access to the Wishspain Platform. The real estate professionals must fulfill following requirements in order to become a Wishspain Pro Member:

Legal business registration according to the corresponding local laws which regulate the activity of a legal real estate business which offers properties for sale and to rent in Spain.
Count with a positive online reputation on third party review platforms such as Google Maps™, etc.

You can become a Wishspain Pro Member by completing and sending us the form on our Advertise page. Once we have received your request via our Advertise page form, we will review the details you have provided to us. Once we have finished reviewing your profile, we will inform you immediately sending an email to the email address you have provided to us. In the mentioned email, we will also confirm if you fulfill our conditions of becoming a Wishspain Pro Member, or not. In case that your business profile is compatible with our membership criteria, we will also include you a link which will lead you directly to our Account Creation & Payment Page on Wishspain.com.

On our Account Creation & Payment Page, you will be able to create your professional Wishspain Pro Member Account and choose the advertisement subscription plan which suites you best for your professional needs. Once you have correctly completed the registration/creation form and the online payment for your selected subscription plan, we will review your account and confirm your payment quickly. We will also provide you our dedicated support to help you completing your Pro Account properly. We will also provide you our technical support and manage the XML integration via the XML feed link you have provided to us via email at help@wishspain.com.

Please note that we can not guarantee the exact time range providing you our support. Even so, we assure you that any delay produced by us which is longer than 24h after your subscription payment, will be compensated in your subscription expiration.

Please also note that we will do our very best to provide you stable prices. Nevertheless, due to constantly changing cost rates for our platform, the subscription price you have chosen may change at some moment. We will do our very best by informing you accurately about any changes regarding our subscription plans. Even so, please take into account that it is your responsibility to keep yourself posted about the current subscription prices in our Account Creation & Payment Page. Our advertisement services are based on paid subscription plans. You will receive an automated invoice issued for each processed payment on our platform. You can download those invoices in your Wishspain PRO Dashboard in the invoice section. Please be aware that official invoices will be issued at the end of each fiscal year in Spain.

You can cancel your Wishspain subscription anytime, but please note that we do not refund your already processed subscription payment.

In case that we provide a special discount for a certain period of time, once you have purchase your subscription plan according to the discount-timeline, you must complete periodically each payment if you wish to keep the applied discount. In case that you fail to complete the payment on time, the discount will not be applied for future payments.

Disclaimer of Warranties

We provide the Wishspain Platform and all content without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any users, buyers, tenants, agencies or any kind of third party; (ii) we do not warrant the performance or non-interruption of the Wishspain Platform; and (iii) we do not warrant that verification, identity or background checks conducted on listings or members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or listing being “verified” (or similar language) indicate only that the member or listing or Wishspain has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Please note that the default language of Wishspain is English. That means that all other languages which are provided on Wishspain, are highly accurate translations processed by automatic translation engines. This means that Wishspain can not assure the precise translation for its content. You should also take into account that even the English version of Wishspain may not be correct. In case that you have any doubts, please do not hesitate to get in touch with us.