General conditions Luxury Leads

By using this website, you agree to general conditions of Luxury Leads.

 

1. LIABILITY

Mediafin Ltd. makes every effort to ensure that the information offered on its websites is as up to date and correct as possible. Great care is taken in the content and composition of this website. Should you nevertheless notice that certain information on our website is incomplete or incorrect, you may of course inform us at any time. Mediafin Ltd. is not liable for illegal content on the website, provided that:

·         Mediafin Ltd. does not have actual knowledge of illegal activity or illegal content and, where a claim for damages is involved, does not have knowledge of facts or circumstances that clearly show the illegal activity or illegal content; or

·         As soon as Mediafin Ltd. acquires such knowledge or awareness, acts promptly to remove the illegal content or make access to it impossible. Mediafin Ltd. will always process reports from trusted flaggers (within the meaning of Article 22 Digital Services Act) on a priority basis.

 

Mediafin Ltd. will not accept liability for costs and/or any damage, direct or indirect, resulting from incomplete and/or incorrect information offered on the website, provided that the above rules are adhered to. In case Mediafin Ltd. has not been informed or should reasonably have been informed of this, Mediafin Ltd. is also not liable for the content of articles, opinions, or other material posted on this website by third parties or otherwise originating from third parties.

 

Mediafin Ltd. cannot guarantee that the information on this website is suitable for the purpose for which you consult it. Changes may always be made with immediate effect and without notice. Mediafin Ltd. has the right to modify in any way any text, image and/or sound material submitted.

 

In all cases, Mediafin Ltd. may remove information from the website or make it inaccessible, temporarily or otherwise, in the event of possible infringement of third-party rights. When illegal content is removed from the website, the broker in question will be notified in accordance with the provisions of the applicable legislation. If brokers frequently provide illegal content, they will be suspended for a reasonable period of time after prior warning.

 

2. HYPERLINKS

On the Luxury Leads website you will find hyperlinks to third party websites. Mediafin Ltd. has no control over the content of these websites. Mediafin Ltd. cannot be held liable for the existence of these websites, nor for the information they contain and display, nor for the way they handle your personal data. Please read the privacy policy, disclaimer, copyright notice and general terms and conditions of the websites you visit.

 

The mention of websites are displayed for informational purposes only. The display of these links does not imply that Mediafin Ltd. automatically agrees with the content of these websites, nor that there is any collaboration between Mediafin Ltd. and these third parties.

 

If you wish to create a hyperlink from your own website to our website, please contact the webmaster who will inform you as soon as possible about the admissibility. The webmaster can be contacted by e-mail at privacy@mediafin.be. Mediafin Ltd. reserves the right to refuse a link to its website at any time and without giving any reason.

 

3. VIRUSES AND CRIMES

Mediafin Ltd. makes every effort to optimally protect its website against viruses, hacking-attacks, or other computer crimes, but does not guarantee their absence. Therefore, Mediafin Ltd. cannot be held liable for any damage, direct or indirect, due to such computer crimes.

 

4. DISPUTES

This on-line agreement and all disputes and claims arising from the use or content of this website shall be governed by Belgian law. Mediafin Ltd. may be sued exclusively before the Dutch-speaking courts of Brussels. The user of this website may be summoned before one of the courts designated in Article 624, 1°, 2° and 4° of the Judicial Code, at the discretion of Mediafin Ltd.

 

5. COPYRIGHT

Nothing from this website may be used without prior written permission from Mediafin Ltd. An exception is made for the copying of works for purely personal and non-professional use and for the distribution of works in private.

 

The copyright and all other intellectual property rights relating to the name, logo, content, look and feel, and layout of this website belong exclusively to Mediafin Ltd. or its licensors.

 

The entire contents of the website, including texts, photographs, images, drawings, graphics, images, sound, data, databases, software, names, logos, buttons, HTML codes, database and icons, trade and domain names, and all other parts of the website, are the intellectual property of Mediafin Ltd. or its licensors. The website itself is also protected by copyright, and is also protected as a database by both copyright and sui generis database law.

 

Mediafin Ltd. may remove information from this website or make it inaccessible, temporarily or otherwise, if there is a possible infringement of third-party rights.

Certain names, logos and other signs on this website are registered trademarks or trade names, which are the property of Mediafin Ltd. or its licensors. Any use of these names, logos and/or signs is prohibited without the express and prior permission of the rights holder, including Mediafin Ltd.

 

It is forbidden to copy, translate, adapt, or modify all or part of the website. Any commercial use of the website content is prohibited. The user expressly acknowledges that all property rights, including intellectual ones, belong to Mediafin Ltd. or its licensors.

 

Any legal or natural person who sends copyright-protected texts, photos, drawings, graphics, images, sound, data and other works to Mediafin Ltd. guarantees that the copyright holder(s) grant(s) a right of use to Mediafin Ltd. to exploit these works in accordance with the modalities and conditions set out below.

 

The aforementioned right of use (i) is non-exclusive, (ii) is transferable and sub-licensable, (iii) is granted for all uses in the broadest sense in connection with the business activities of Mediafin Ltd. and/or Luxury Leads (both online and via magazine), including but not limited to the right to reproduce, adapt, translate and communicate the works to the public, (iv) is granted for a term equal to the full legal term of protection of the copyrights; and (iv) applies to all countries in the world.

 

Unless otherwise agreed in writing by Mediafin Ltd., Mediafin Ltd. shall not be liable for any compensation in exchange for this right of use.

 

6. AVERAGE NUMBER OF ACTIVE RECIPIENTS OF THE SERVICE

According to the EU Digital Services Act, the average number of active recipients of the service over the last six months must be published on the websites of online platforms. Luxury Leads has several websites which are all managed by Mediafin Ltd. (Belgium, the Netherlands, France, Spain and Luxembourg). The average number of active recipients of the service per month (calculated over the last six months – June 2023 to December 2023) across all websites amounts to 153.219.

 

Mediafin Ltd. calculated this by assessing the average number of active recipients of the service per website and then adding these numbers up.

 

Luxury Leads Belgium: 131.406

Luxury Leads the Netherlands: 17.184

Luxury Leads France: 2.521

Luxury Leads Spain: 1.793

Luxury Leads Luxembourg: 315

 

7. CONTENT MODERATION

7.1 Information on content moderation

Both manual and automatic content moderation is performed by Mediafin Ltd. on Luxury Leads' platforms.

 

Manual content moderation:

-        When the property does not match the description "luxury property"

-        Giant banner on the photos or watermark

-        Building land incorrectly identified as a property (e.g. dilapidated farmhouse on piece of building land)

 

Automatic content moderation:

-        Absence of important information: no title, no text, no description, no photos, no price (even if hidden)

-        No classification (house/villa/apartment) or wrong classification (e.g. Investment properties, retail buildings, sheds,...)

-        Price too low: minimum amounts vary depending on the country in which the property is located, and these are also subject to future change.

o   Belgium: €500,000 for sale - €1,500 for rent

o   Netherlands: €750,000 for sale - €1,500 for rent

o   France: €500,000 for sale - €1,500 for rent

o   Spain: €500,000 for sale - €1,500 for rent

o   Luxembourg: €750,000 for sale - €2,000 for rent

-        Wrong combination of city and postcode

-        Country not linked or not known (estate agents must have a contract for each country to be advertised in)

-        Sold properties

 

7.2 Restrictions that may be imposed

Several restrictions may be imposed as a result of illegality or conflict with the terms and conditions, including: 

o   Restriction on the visibility of information provided by the recipient of our service, including removal of responses and blocking access to responses; 

o   Suspension, termination or other termination of monetary payments; 

o   Total or partial suspension or termination of the provision of the service.

 

7.3 Duty to motivate decisions

When Mediafin Ltd. proceeds to the imposition of restrictive measure, this measure will always be provided with an appropriate justification containing the following elements: 

o   Information as to whether the decision leads to the removal of, the elimination of access to or restriction of the visibility of the information, or the suspension or termination of monetary payments in respect of that information, and where appropriate, the territorial scope of the decision and its duration; 

o   The facts and circumstances taken into account in making the decision, and whether it was in response to a report or an independent investigation; 

o   Where the decision relates to alleged illegal content, a reference to the legal basis relied upon and explanations as to why the information is considered illegal content for that reason.

 

7.4 Internal complaint handling system and out-of-court dispute resolution

When Mediafin Ltd. has taken a decision on a restriction imposed as a result of illegality or conflict with the general terms and conditions, both the person on whom the measure was imposed and (if applicable) the person who reported it have six months, after learning of the decision, to file a complaint internally with Mediafin Ltd. 

 

Complaints that could not be remedied through the internal complaint handling system can be resolved through out-of-court dispute resolution.

 

7.5 Transparency report

At least once a year, Mediafin Ltd. will publish a report on any content moderation carried out during the relevant period. 

 

This report will contain the following information: 

o   The number of orders issued by competent authorities to act against illegal content or provide information about a service recipient; 

o   The number of notifications made by an individual or entity through the notification mechanism (contact form on our website), whether action was taken based on the law or general terms and conditions and the median time taken to take the action; 

o   Meaningful and understandable information about content moderation carried out on Mediafin Ltd.'s own initiative;

o   The number of complaints received through internal complaint handling, the basis for those complaints, the decisions taken in response to them, the median time taken to take those decisions and the number of cases in which the decisions were reversed.

 

7.6 Contact with judicial or administrative authorities

When Mediafin Ltd. receives an order from competent judicial or administrative authorities to take action against illegal content, the body that issued the order will be informed of the action taken as well as when action was taken. 

 

If competent authorities issue an order to provide information about a particular recipient of the service, Mediafin Ltd. will send an acknowledgement of receipt and let it be known what action was taken in response to the order, as well as when this occurred.

 

If Mediafin Ltd. receives information that gives rise to a suspicion that a criminal offence has been, is being or will be committed, the authorities will be informed.

 

7.7 Transparency of recommendation systems

At the bottom of the front page of our website, we will present you with three advertisements of our platform that are based on price and location. This is the only recommendation system present on our platform.