Terms of use

These terms of use (the "Terms of Use") apply to the use and functioning of the website, which can be reached via the domain name www.itacasa.be (both via computer and via mobile devices or via any other software application) (the "Website"), on theservices offered by www.itacasa.be and all agreements that www.itacasa.be enters into for the use of the Websiteand the service. Www.itacasa.be is an online advertising platform, where you can place advertisements against payment (the "Service").By using or consulting the Website and by using the Service, you declare that you have taken note of theTerms of use and you accept its full application. www.itacasa.be therefore recommends every visitor of the Website to theTerms of use prior to use of the website and to be read at regular intervals thereafter.www.itacasa.be is brought to you by Casa Sinove BV, a private limited company incorporated under Belgian law, with registered officein Molenstraat 51, with company number and VAT number BE080.948.515 ("itacasa.be" or "we").

1. General

1.1 Minors. The Service is only accessible to persons who can conclude legally binding agreements (the "Visitor" or "you").Notwithstanding the foregoing, the Service is only accessible to underage Visitors if they have permission from their legal authoritiesrepresentative or if it concerns a legal act of which it is customary in society thata particular minor of this age carries out the act in question independently.

1.2 Privacy. Our Privacy Policy explains how we process your personal data and what measures we take to protect your privacywhen you use our Website. As described in our Privacy Policy, you grant us permission to process your personal data.In this context, itacasa.be wishes to draw your attention explicitly to the fact that it is in accordance with these Terms of Use and this Privacy Policyit is not allowed to collect personal data, including e-mail addresses and telephone numbers, of Visitors (for example 'harvesting')or to approach Visitors for offering their own products or services outside the itacasa.be platform.

2. Classifieds

2.1 For placing an Advert, itacasa.be will charge a price ("Advertisment rate").When choosing the method of promotion and before the Classified can be placed, the associated Classified rate will be announced.In the case of private customers, the Ads Agreement is concluded when the payment procedure on the Website of the Payment Service Provider concerned has been completed.For professional customers too, unless another billing and payment regime has been agreed in writing, in the latter case, the Search Rate is due from the momentthe ad has been placed.

2.2 The Advertiser, given the nature of our business, does not have the right to waive the purchase.

2.3 The applicable Search Rates are visible under the "add" section after creating a user account.

2.4 itacasa.be may change the Classified Rates, as well as the specifications, at any time.

2.5 In the event of technical malfunctions, such as the unavailability of the Website, or other cases of force majeure, itacasa.be is not liable for damagewhich is caused by not being able to show the Classifieds. The Advertiser is not entitled to a refund in this case. Complaints about the operation ofthe Service may be submitted in accordance with the procedure described in Title 7.

2.6 Realization agreement for placing advertisements between itacasa.be and Advertiser

2.6.1 The Visitor may view and respond to advertisements ("Classifieds") on the Website. If the Visitor is logged in,as an Advertiser, he can also place Ads on the Website.

2.6.2 The "Add" button allows the Advertiser to create an Ad and post it on the Website. After placing the adthe Advertiser cannot change the department and category under which the ad is placed.

2.6.3 By placing an Advert, the contract for placing Advertisements comes between itacasa.be and the Advertiser (the "Advertisements Agreement")see also 2.1.

2.6.4 Ads will remain on the Website for the selected period provided the Terms of Use are met and Advertisers submit their Adshave not removed it yourself. One (1) week and, again, one (1) day before the expiration of this period, the Advertiser concerned will notifyreceived, notifying that his Advertisements can be renewed for a period of time and at the current rate.

2.6.5 Advertisers must be removed or marked as sold after the sale or purchase of the products or services concerned.By removing the Ad or after the purchase or sale of the relevant products or services or after the expiry of the chosen period, the correspondingClassified ad ended.

2.6.6 itacasa.be stores all data of each Advertisements Agreement for at least 4 months after the removal of the Advertisements concerned,as long as the Advertiser's account has not been deleted. After this period has expired, we will keep the data concerning theAds Agreement as described in our Privacy Policy.

2.7 General Rules for Placing Ads on the Website

2.7.1 Ads placed by the Advertiser on the Website must comply with the following rules.If Ads do not meet these conditions, they can be removed by itacasa.be:

a. Layout Ad:

i. Ads must be placed under the most appropriate department, section and category. After placing the ad, the Advertiser cando not change the department and category under which the ad is placed.
ii. In Ads on products, only one concrete product may be requested or offered.
iii. The title and text of Classified Ads must be in Dutch, French or English. When creating and at allAt the time after placing his Advert, the Advertiser can choose to write this Advert in the other language as well, by choosingof this option while posting or modifying his ad.
iv. The title and text of Ads must not be misleading, inaccurate or incorrect.
v. The title and text of Classified Ads serve the products or services offered, and in particular their properties and price,to be described correctly and clearly.
vi. Photos at Advertisements must always relate to the products or services offered. It is not allowed to add photosPlace advertisements that are subject to the copyright or portrait right of a third party, without the permission of that third party.
vii. Advertisements should not contain an excessive amount of characters or keywords to attract attention or to prevent the chances of occurrencein a variety of searches.

b. Prohibited Ads Content:

i. It is not allowed to include in Disclaimer a disclaimer regarding the authenticity of the products or services involvedAd are offered. Advertisers must, after all, make sure that the products or services they offer are genuine.
ii. It is not allowed to place Ads with purely commercial messages that have the sole purpose of direct or indirect businessto promote.
iii. It is not allowed to mention websites or to include links to websites that are filled in whole or in part with links toother ad websites or other ads aimed at processing ad revenue by generating clicks.
iv. When placing Advertisements, the Visitor must of course take into account the non-limitative examples of not allowedWebsite content, as described in Chapter I, Title 5, and with the provisions on the intellectual property rights of third parties,as described in Chapter I, point 3.1.4.

2.7.2 Visitors are expected to know the laws and regulations that apply to the products or services they sell,Buy or view and Advertisers must satisfy themselves that the products or services offered and requested by them are in accordanceapplicable laws and regulations may be traded before placing them on the Website. We advise you to consult further if in doubtobtain information or advice from the competent authorities.

2.7.3 The Advertiser can place his Advertisment or a reference to it on Facebook, Twitter and other itacasa.be partners via the Website.The (privacy) rules of these third parties apply as described under 6.4.If you have any questions about the rules of third-party websites, we would like to refer you to these third parties.

2.7.4 Unless itacasa.be has given explicit permission for this (for example in the case of API partners), it is not permitted to:
a. Placing advertisements on the Website via an automated system, or in any other way than via the "Add" button; or
b. Placing advertisements on behalf of or on behalf of third parties.

2.8 Bids

2.8.1 Unless otherwise specified in the Terms of Use, a bid for a product or service in an Ad is not binding.

2.8.2 The Advertiser is not obliged to accept a reasonable offer. If a bid is accepted by the Advertiser, this obliges thebidder not to purchase.

2.8.3 It is not allowed to place bids on Classified Ads for the sole purpose of disrupting the bidding process (for example, 'funbidding').

2.8.4 If an Ad is removed due to the expiry of the placement term or for any other reason, the corresponding bids willalso be removed.

2.9 Ratings

2.9.1 Only a registered Visitor can appreciate the buying or selling behavior of other Visitors, if there is an agreement between themcame into being. Ratings will then only be allowed to be placed via the email address with which the Visitors are in contact with each otherbeen. Valuations by other Visitors of a Visitor's buying or selling behavior remain with his profile.

2.9.2 itacasa.be can remove the following rating types:
valuations with offensive or privacy-sensitive content and / or swear words;
b. valuations unrelated to a Visitor's performance;
c. ratings given by Visitors who have broken certain rules or Terms of Use; and
d. Valuations with a commercial content (eg valuations referring to another trader).

2.9.3 If your profile contains a rating that meets one of the circumstances described under the previous point, you canreport this via the procedure described under point 5.1.

2.10 Rules on price or payment methods in Ads

2.10.1 The Advertiser may not oblige a Visitor to use certain payment methods in an Ad.

2.10.2 The Advertiser must always state the asking price in the price field of the Classified Ad and further indicate which costs are still to be expected,such as registration fees, VAT, notary fees, .... The Advertiser has the option to hide the asking price and under "price on request"to advertise.

3 Rights and obligations

3.1 The visitor

3.1.1 The Visitor has the intellectual property rights to the content he publishes on the Website, including but notlimited to, copyrights, related rights, trademark rights, patent rights, drawing and design rights, trade name rights, database rights andrights related to the protection of know-how (the "Intellectual Property Rights").

3.1.2 The Visitor grants:
a.to itacasa.be a free, worldwide, non-exclusive, transferable and sublicensable license to the content, through which known oruse, make public and multiply future medium for the functioning and promotion of the Service and that ofthird parties. itacasa.be reserves the right to technically change the content, in particular the content of Classified Ads, so that it can be changed via other meanschannels, for example mobile devices, can be consulted; and
b. to other Visitors a free, worldwide and non-exclusive license to use, disclose and reproduce the contentfor using the Service.

3.1.3 If itacasa.be or the Visitor removes the content from the Website, the licenses granted in accordance with the previous point will end.

3.1.4 The Visitor may not include products or services in Ads that infringe the Intellectual Property Rights of third parties.This means, for example, that:
it is not allowed to offer products or services that infringe:
i. copyrights of a third party, such as photos or videos, without the permission of that third party;
ii. the trademark rights of a third party, such as offering an item on which a logo of a third party is placed without the permission of that third partythird; or
iii.the design rights of a third party;
or
b. in the title and / or text of an Ad for example only:
i. the brand name may be used of the products or services that are actually offered or requested in the Advert; or
ii. the trade name may be used by the company from which the product or service in question originates.
It is not allowed to mention a trade name that has no connection with the products or services offered in the Classified Ad;
or
c. in the title of Ads the products or services offered may not be compared with other products or services.
In any case, a comparison should in no way create confusion about the commercial origin of the products offeredor services.

3.1.5 Nothing mentioned in the Terms of Use or on the Website is intended to limit the Visitor's powers in the context of hisExtend Use of the Service.

3.2 itacasa.be

3.2.1 With the exception of the content published by Visitors and third parties on the Website, itacasa.be and its licensorsthe Intellectual Property Rights to the Service.

3.2.2 itacasa.be grants the Visitor a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensablelicense to use the posted content in accordance with the purpose of the Service.

3.2.3 itacasa.be and its licensors reserve all rights, including the right to choose whether or not substantial parts of the content of therequest and reuse the website (repeatedly and systematically) within the meaning of the Database Act.

3.2.4 If you visit the Website via mobile devices and use the itacasa.be application (the "Application"), itacasa.be grantsyou only have the right to use this Application for personal use. The Application may not be the same to Visitorsprovide features available on the Website.

itacasa.be is the owner or the licensee of any right, title and interest in and relating to its Application, includingany applicable Intellectual Property Rights or unfair competition rights and any other proprietary rights,including all applications, renewals, renewals and appropriate remedial procedures.

4. Unauthorized use of the Website and the Applications

4.1 An Ad may only concern the offer of a property.

4.2 It is (for example) not allowed to publish content on the Website, including Ads:
i. which contains pornographic material or a link to it or which is in any other way contrary to public order and morality;
ii. that is discriminatory on the grounds of political preference, religion, race, gender, nationality, orientation or otherwiseis offensive, offensive, threatening or provocative;
iii.which is (sexually) intimidating;
iv. which is false, misleading and incomplete;
v. to play pranks or harass someone;
vi. in which personal data of third parties are processed;
vii. involving chain letters, junk mail or spamming;
viii.that contains viruses, worms, trojans, cancelbots or other software that may harm the Service or the rights and interests of Visitors;
ix. which unreasonably loads or disrupts the infrastructure of the Website in its proper functioning;
X. involving commercial activities such as lotteries, competitions and. without prior written permission from itacasa.bepyramid schemes;
xi. committing or promoting illegal activities;
xii.with which the Intellectual Property Rights, the privacy or any other rights of itacasa.be, its licensors, are infringed,its Visitors or third parties;
xiii.d. which pertains to any products or services the trade or delivery of which is contrary to applicable laws and regulations and thesupply or demand according to the indicative list of prohibited or restricted products or services on the Website prohibited or limitedis; and
xiv. which itacasa.be cannot reasonably agree with for reasons other than those mentioned above.

4.3 The content of the Website may not be reproduced and / or shared by the Visitor to the public, subject to RSS feeds for personal useuse and / or news items up to a maximum of 100 Ads or 100 hyperlinks to Ads, such as use in personalweb blogs or other personal websites.

4.4 The Visitor may not retrieve and reuse substantial parts of the contents of the database with Classified Ads and / or insubstantialparts of the content of the database with Advertisements repeated and systematic retrieval and reuse within the meaning of the Database Act,unless prior written permission has been obtained from itacasa.be, or unless the exception for personal use orfor news reports are satisfied.

4.5 You are not allowed to perform the following actions or interventions with regard to our software and platforms (Applications):
i. altering, adapting, translating, creating derivative works, disassembling, recreating (by reverse engineering),disassembling or attempting to discover the source code of the Applications in any other way;
ii. changing, copying, publishing, licensing, selling or commercializing in any other waythe Applications or any information related to or software associated with the Applications;
iii.hiring out, leasing or transferring rights to the Applications in any other way;
iv. removing, obscuring or adjusting the notifications by itacasa.be concerning its copyrights, trademark rights or othersproperty rights affixed to, contained in or in combination with the Applications; and
v. using the Applications in a manner that could affect the Website in any way or the use or enjoyment of the Website byto disrupt any party.

4.6 The Applications must be used in accordance with applicable laws and regulations.

4.7 The Visitor is not permitted to display purely commercial messages on the Website, unless previously written in writingpermission has been obtained from itacasa.be or unless the exception for personal use or for news items has been met.

4.8 The Visitor may not change the content of the Website, other than as described in these Terms of Use.

5. Misuse of the Website and the Applications and the consequences thereof

5.1 Via support@itacasa.be you can send us a report at all times regarding abuse of the Website, for example if there is on the Websitecontent that is not in accordance with the Terms of Use has been published. You must then provide the following information:
a. the reason for your report, together with a clear description of the abuse found;
b. the link to the relevant Advert; and
c. an explanation that the content in question infringes on your privacy or any other rights, and that you have those rights.

5.2 itacasa.be can, depending on the nature and seriousness of the abuse, whether or not in response to reports and complaints from Visitors or third parties,take the following measures at your own discretion and without stating reasons, including but not limited to:
a. remove the content posted by the Visitor concerned. Valuations can only be removed in the cases described in Chapter I, Title 2.5;
b. restrict or terminate the use of the Service, including access to the Website or certain features thereof, to the Visitor concerned;
c. limit or terminate the use of the Application with regard to the Visitor concerned; and
d. the personal data of the Visitor concerned to certain third parties, as described in the Privacy Policy, and in particular to the Public Prosecutor in accordance with Article XII. 19, §3 of the Code of Economic Law, provide.

5.3 itacasa.be reserves the right to take legal measures and, insofar as it suffers damage through the misuse of the Website, to demand compensation from the Visitor concerned.

5.4 Because itacasa.be is a service provider that provides host services in accordance with Article XII. 19, §1 of the Code of Economic Law, it is neither able nor obliged to monitor the content that is placed on the Website by Visitors and third parties.

5.5 Moreover, itacasa.be is never a party or in any way involved in agreements between Visitors or between Visitors and third parties. Visitors should therefore resolve mutual disputes or disputes with third parties outside of itacasa.be.

6. Liability

6.1 Limitation of liability itacasa.be

6.1.1 To the fullest extent permitted by law, itacasa.be excludes any liability for any damage, direct or indirect, that a Visitorsuffers or has suffered from:
a. use of the Service;
b. the unavailability or unsafe availability of the Website or parts thereof;
c. incorrect information on the Website;
d. use of products or purchasing services obtained through the Website;
e. changes to the Service and / or changes to or from the Website; or
f. using the Application.

6.1.2 itacasa.be is in any case not liable for special, indirect and consequential damage related to the use and functioning ofthe Service or the Application, including - but not limited to - violation of honor and reputation, loss of profit and loss of personal data.

6.1.3 If for any reason itacasa.be could be held liable for the damage stipulated in the previous points, it isliability towards a Visitor limited to a maximum of:
a. the total amount of the fees paid by the Visitor to itacasa.be during the 12 months prior to the act whereby thedamage has occurred; or
b. 100 euros, if the total amount would exceed this amount.

6.1.4 The Visitor's claim for damages against the Visitor lapses after a period of 12 months, counting from the moment the factwhether the act causing the damage occurred.

6.1.5 itacasa.be is a service provider that provides host services in accordance with Article XII. 19, §1 of the Code of Economic Law. This holdsinter alia in that itacasa.be is neither able nor obliged to monitor the legality of the products or services offered inClassifieds or the legal capacity and competence of its Visitors.

6.2 We make no guarantees

6.2.1 itacasa.be cannot guarantee that the products or services offered by Advertisers on the Website meet any expectations of a Visitor.

6.2.2 As most of the content on the Website comes from other Visitors, itacasa.be therefore does not guarantee:
the correctness and accuracy of the Ads or other messages;
b. the quality, safety or legality of the products or services offered;
c. Advertisers 'authority to offer products or services and Visitors' authority to purchase products or services to take; and
d. the ability of Visitors to meet the agreed price of purchased products or services purchased.

6.2.3 itacasa.be makes no warranty regarding permanent or secure access to the Service.

6.3 Changes to itacasa.be's Terms of Use, Website, Service and Application

6.3.1 itacasa.be reserves the right to change the Website or parts of it at any time.

6.3.2 itacasa.be reserves the right to change or terminate the Service at any time. Any change or termination of the Service will be announced within a reasonable time for its implementation.

6.3.3 itacasa.be reserves the right to change or terminate the Application or parts of it at any time.

6.3.4 itacasa.be reserves the right to change the Terms of Use at any time. You will be required in advance to the extent required by law informed before changes take effect.

6.4 Websites and services of third parties

6.4.1 The Website, the Service or the Application may contain links (such as hyperlinks or banners) to or use the websites and third-party services that are not owned or controlled by itacasa.be (e.g. Google API). itacasa.be has no control over and accepts no liability for the content, policies, terms of use or practices of any third party website or service. Where appropriate, you are therefore subject to the policies and terms of use application for these third parties. If you use the Service or Application in which Google services are incorporated (for example Google API), you agree to be bound by Google's Terms of Use.

6.4.2 By using the Website, the Service or the Application you expressly indemnify itacasa.be for any liability arising from your use of any third party website or service, which is accessed through the Website, the Service or the Application or which incorporated therein.
The Visitor therefore indemnifies itacasa.be against claims from third parties with regard to damage suffered by:
a. entering into an agreement on the basis of an Ad; and
b. the use of products or services offered via the Website.

7. Complaints procedure

7.1 In the event of complaints about the operation of the Service, the Visitor can contact itacasa.be by email (support@itacasa.be). Complaints must be submitted by the Visitor within a reasonable period and at the latest within 2 weeks, after establishing a defect with regard to the Service, to be notified to itacasa.be.

7.2 Complaints must be submitted as fully and clearly described as possible. When submitting your complaint, you must include the word “Complaint” to be included in the title of your email.

7.3 After notification of the complaint, the good receipt of your complaint will be confirmed by itacasa.be and you will be informed within five working days. about the period within which you will receive a proposal from us to solve the problem. We will endeavor to handle complaints made to be resolved as soon as possible.

8. Other provisions

8.1 The Terms of Use apply to the Classified Ads Agreement. Oral agreements have no legal force.

8.2 If itacasa.be does not immediately enforce one or more provisions of the Terms of Use, no waiver can be derived from them.

8.3 If one or more provisions of the Terms of Use are invalid, this will not affect the validity of the other provisions.

8.4 The Terms of Use and the Ads Agreement constitute the entire agreement between itacasa.be and you and replace all previous agreements. The Terms of Use and the agreements that follow from all itacasa.be services and any disputes arising therefrom are governed interpreted in accordance with Belgian law. We will amicably try to resolve any disputes arising from these agreements before submitting them to the exclusively competent court in Dendermonde or Aalst. If the Visitor prefers this, the dispute can be submitted to the independent Disputes Committee of BeCommerce.

8.5 For questions about the use and operation of the Service, Visitors can contact itacasa.be by email (support@itacasa.be).