”Agent” means any person primarily in the business of selling or letting residential or commercial properties or land on behalf of multiple unrelated third parties.
”Account” means the set of information required by PowerTiz Limited allowing a single User to access restricted sections of the Website by which the access to the Service is made;
”Brand” means the PowerTiz Limited brand and all representations of the PowerTiz Limited trademarks including logos, devices, domain names and other intellectual property rights owned or used by PowerTiz Limited from time to time;
”Business Day” means a day other than a Saturday, Sunday or public holiday in Ireland;
”Charges” means the charges payable by You for the Services or Tools access, in accordance with these terms and conditions;
”Conditions” means these general membership terms and conditions as amended from time to time in accordance with chapter 2;
”Contract” or ”Agreement” means the contract between PowerTiz Limited and You for the supply of Services or access the available Tools, in accordance with these rules;
”Content” has the following definition representing:
“Developer” or “Real Estate Developer” means any person primarily in the business of building or renovating residential or commercial properties.
“Feature” means a certain service offered with PowerTiz such as calendars, CRM, etc.
"Force Majeure Event" means an event beyond the reasonable control of the party affected by it.
“Group” means in relation to a company, that company, any subsidiary or holding company from time to time of that company and any subsidiary from time to time of a holding company of that company.
"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Materials” - Any Content existing on the Website, weather is posted by us or by any User/Member.
“Mobile Platform” means the PowerTiz’s users facing software applications for use with mobile devices.
”Newsletter/Alert” means the exclusively electronic means of periodic information, namely electronic mail (email, SMS), on tools, services and/or promotions run by PowerTiz Limited in a particular period.
“Notice Period” means at least 30 days’ prior written notice which must expire on the last Business Day in a calendar month.
“Platforms” means the Website, Application and Mobile Platform and any other technological platforms or innovations used or operated by us to deliver PowerTiz Services and Tools, either now or in the future.
“PowerTiz” means PowerTiz Limited, as the Website www.powertiz.com, or the registered company with headquarters on the 5 The Grain Store, Distillery Lofts, Distillery Road, Drumcondra, Dublin 3, Republic of Ireland. PowerTiz is the company operating RealTiz.
“RealTiz” means the Service and the Tools we are offering to real estate professionals.
“Price Schedule” means the schedule in which the Charges for the Services are specified as amended in accordance with these Conditions.
“Professional Service” means a service related directly or indirectly to the real estate market or the property market; we reserve all right to define what is a professional service and how we render such Services to You.
“Property Owner” means a person that either instructed a real estate professional to market a property for sale or to let his, whether it is residential or commercial, or a person who advertises a property by himself.
“Relevant Legislation or Codes>” means all applicable legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union) and any codes or regulations which applies in the provision of the Services by us or the services provided by You to Your Clients.
“Services” means the online service provided by PowerTiz Limited exclusively to its clients and which may include any, or a combination, of the following:
”Tools” means Website functions implemented to help real estate professionals manage real estate accounts and information. The tools are available on a subscription basis by paying a fee.
”Transaction” means collection or repayment of an amount resulted from the sale of a product / service provision by PowerTiz to the customer, including using the card processor services agreed by PowerTiz Limited, regardless of the delivery method chosen.
“User” means any individual that uses the Platforms or obtains access to the Content through any means of communication (electronic, telephone, etc.). Users can be registered or not on the website by creating an account with PowerTiz. Users can be Individuals (natural persons), property owners, sellers, landlords or flatmates.
“User Data” means all personal data and other information relating to Users and provided by or derived from Users whilst using the Platforms and/or Telephone Services.
“Virus” means any device, including any software, code, file or programme, which may: (i) prevent, impair or otherwise adversely affect the operation of the Website, the PowerTiz Limited platforms, or any software, hardware or network, any telecommunications service, equipment or network or any other service or device; (ii) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or (iii) adversely affect the User experience, including worms, Trojan horses, viruses and other similar things or devices.
“Website” means the website located at www.powertiz.com or such other URL as PowerTiz Limited may nominate from time to time, and all powertiz.ie, powertiz.com, realtiz.com domains and their subdomains, including but not limited to the publicly available site and subdomain blog.powertiz.ie/com, ie.powertiz.com, etc.
“You” or “Your” means you as a user of the service.
“Your Data” means all personal data, property information, property values, photographs, images, property plans and any other information provided by You (or by a third party on Your behalf) to PowerTiz Limited and which may include data about Your Client.
In these documents, a “person” includes a natural person. A reference to the singular shall include the plural and vice versa. A reference to a party includes its successors or permitted assigns. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. Any phrase introduced by the terms “including” “include” or “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. A reference to “writing” or “written” includes emails.
PowerTiz Limited is a company registered in the Republic of Ireland, having the registration number 541537, VAT number is 3334164AH and headquarters on the 5 the Grain Store, Distillery Lofts, Distillery Road, Drumcondra, Dublin 3, Republic of Ireland. PowerTiz Limited owns and controls the RealTiz Website (www.realtiz.com).
If You are entering into these Terms on behalf of a company, organisation or another legal entity (“Entity”), You are agreeing to these Terms for that Entity and representing to PowerTiz Limited, that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related terms herein shall refer to such Entity and its affiliates.
PowerTiz.com (PowerTiz) is a real estate online portal for advertising residential and commercial properties around the world, whether it is for sale, for rent or for share.
Powertiz.com, and all associated subdomains (ie.powertiz.com, fr.powertiz.com, etc.) are operated and controlled by PowerTiz Limited.
Property listings are referred to as “Listings”.
We are not an estate agency. The details of the listings available on this site are provided to us by third party estate agents, landlords, individuals or developers for Your information only. We do not verify the listing details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If You rely on these details, You do so at Your own risk. We recommend that You check all property details with the advertising estate agent, landlord, property owner or developer before making any decisions or taking any action in regard to a property advertised on our Site.
By using our websites and services:
Our Website will not always be available and may have some faults. It is provided on an “as is,” and “as available” basis and, to the extent permitted by law, made without guarantees, conditions or warranties of any kind.
We are under no obligation to update any information contained on our Website, unless otherwise provided by applicable law. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Website and/or the information, materials, products and/or services available through it.
You acknowledge and agree that the services and all materials and content on our website, including but not limited to design content such as texts, copy, search results, images, graphics, structure, layouts and the underlying software code, graphics, images, trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, innovations, inventions whether or not capable of protection by patent or registration, software and any other material are protected by copyright pursuant to Irish and European Union copyright laws and international conventions. The owner of the copyrights and trademarks are PowerTiz Limited, its affiliates and other third party licensors are the property of PowerTiz Limited.
Our logos, our trademarks and/or our service marks may not be copied or reproduced without our prior written consent. All rights are reserved.
We reserve the right, in our sole discretion and without notice to You, to terminate Your licence to use our Services and to prevent future access by You to our website, should you breach any of the provisions set out in section 3 above.
You are allowed to print a single copy of the material on our website solely for Your personal, non-commercial usage. You must receive our prior consent before printing or downloading any additional copies. However, You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from PowerTiz.com or any related platform without our prior written consent.
Your posting on our Website does not constitute a waiver from us of any right in or relating to our Website. Except as expressly granted herein, You do not acquire any rights, title or interest in or relating to our Website.
All software used on this Website is the property of PowerTiz Limited and/or any of its affiliates unless open source software has been used. All the content, compilation and software are protected by applicable copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Website is not permitted without obtaining prior written consent from PowerTiz Limited.
You must be over eighteen years of age to register on our website and must ensure that the details provided by You on registration are true, accurate, current and complete. Also, unless stated otherwise and with our consent, You are allowed to create only one account on our Website . If You create or use an account for anyone other than Yourself, You must ask and have the permission of that other person or entity. You are not allowed to use accounts of any other registered customers or to provide third parties with a possibility to use your account. You are not allowed to maliciously create additional registration accounts for abusing the functionality of our Website or other users or to seek to pass yourself off as another user.
It is Your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our website may be used by anyone who visits without requiring registration, some of the Services require You to register in order to enable us to verify Your identity.
By registering with the service, You agree that we can send You emails about Your account, other PowerTiz Limited services and occasional third party offers. You can manage Your communication preferences or unsubscribe from communications at any time via the proper backend section of the website.
When registering, You will be asked to create a password and will be responsible for maintaining the confidentiality of Your password and restricting access to Your computer, as You will be accountable for any activities conducted under Your password. If You believe that someone has accessed Your account without authorisation, please contact us immediately. You can modify / update Your personal details, password, profile photo, description, or content related to Your advertisement, at any time by logging into PowerTiz and accessing Your settings.
Your password is personal and should not be shared, emailed, displayed to/with anyone. We cannot be held responsible for any loss that You may incur as a result of someone else using or accessing Your password or account, either with or without Your knowledge. It is Your sole responsibility to keep Your password or account secure.
We reserve the right to log off, deactivate or delete accounts that are inactive for an extended period of time.
You may change Your password or profile by following instructions on the site.
PowerTiz Limited will not be liable for any loss that You may incur as a result of someone else using or accessing Your password or account, either with or without Your knowledge.
You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing Your password or account if You have not taken reasonable steps to keep Your password or account secure.
PowerTiz Limited may at his absolute discretion refuse You access to the site or suspend/terminate Your account without prior notice for any reason and You shall not be entitled to any compensation in respect of this. If we disable Your account You will not be entitled to create another account without our permission.
Unless You advertise a listing, we recommend You not to post Your name, address, telephone number, email address or anything else that may lead someone to identify You if this is something You are uncomfortable with. Please note that certain information which You may choose to provide might reveal Your gender, ethnic origin, nationality, religion and / or sexual orientation.
Any references in the Site, Application or Services to a user or a member (“Member”) being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by PowerTiz Limited about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for You to evaluate when You make Your own decisions about the identity and suitability of others whom You contact or interact with via the Site, Application and Services. We therefore recommend that You always exercise due diligence and care when deciding to buy, to rent, to share a property, to hire a business for a professional service or to have any other interaction with any other Member.
PowerTiz Limited does not endorse any User, Member or any Listing and we have no obligation to verify their identity or any or material provided by them. You understand that Users, whether verified or not are required by these Terms to provide accurate information, and although PowerTiz Limited may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, orendorse any User, Member, Listing or the Member's purported identity or background. You also understand that any interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the other user.
As with any web-based interaction, we suggest that You use caution and good judgement. If there is a dispute between You and any third party (including any advertiser), we are under no obligation to become involved.
The Service allows You and other third parties to retrieve, process and / or access information using the Service available, including media, text, audio and video recordings, photos, graphics, commentary or any other content and to host and / or share such Content.
You are the owner of Your Content and are solely responsible for Your conduct and the content of Your Material, as well as any of the content contained in Your communications with other users of the Service, and You are solely responsible for the consequences of accessing, retrieving or making available such Content.
You are solely responsible for maintaining and protecting all data and information that You access, retrieve or make available, or that is otherwise processed, through the Service. In connection with Content, You affirm, represent and warrant that:
You understand that PowerTiz limited does not guarantee any confidentiality with respect to any content, nor approves, endorses, supports, sanction or encourages any such content, comments or material and takes no obligation to investigate, monitor or check any of it for accuracy, completeness or conformance with applicable laws. RealTiz (or PowerTiz limited) accepts no responsibility or liability for such content, comments or material, except as provided by mandatory applicable law.
You are responsible for reading, agreeing and accepting all the Terms relevant to You or to Your situation.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
You are responsible for ensuring that You act in good faith towards any other parties.
If You post content to or comments on, or otherwise submit material for publication in any area of our Website, including photographs:
We reserve the right to refuse, suspend, terminate or otherwise remove the publication of such content, comments or material including photographs or graphic material posted or submitted by you; such right shall not be interpreted as our approval of or responsibility for such content, comments or other material whether we do or do not make use of such right. We further reserve the right to make additions or deletions to the text or graphics (including editing any photograph(s) or graphic material), for promoting us, our Website and our products and services or for the purpose of protecting the interests of us, our affiliates, employees, business partners, users or other third parties; if we make such additions or deletions, we are responsible for such additions or deletions and for the text or graphic in the form changed by us.
You agree to indemnify us against any third-party liabilities, claims, costs, loss or damage we incur as a result of publishing any content, comments or material posted or submitted by You.
We may advertise and run contests, games, competitions or free prize drawings on our Website. Specific rules will apply to such contests, games, competitions or free prize drawings. Please carefully read the rules applicable to any contest, games, competitions or free prize drawings you participate in as by participating in such contest, games, competitions or free prize drawings you are deemed to have accepted and be bound by those rules.
Your use of PowerTiz is at Your sole risk. The service is provided "as is" and "as available". You assume total responsibility and risk for use of the site and the Internet. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from Your use of the Website, and You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to the attorney's fees) arising from Your violation of any third-party's rights. You acknowledge that You have only a limited, non-exclusive, non-transferable licence to use the Website. Because the Website is not error or bug free, You agree that You will use it carefully and avoid using it ways which might result in any loss of Your or any third party's property or information.
PowerTiz Limited will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”).
PowerTiz Limited shall, at its expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by PowerTiz for such defense, provided that:
If use of the Service by You, Agents or any End Users have become, or in PowerTiz Limited’s opinion is likely to become, the subject of any such IP Claim, PowerTiz Limited may at its option and expense:
If these two options are not commercially and reasonably practicable as determined by PowerTiz, PowerTiz Limited will terminate Your subscription to the Service and repay You, on a pro-rated basis, any Subscription Charges previously paid to PowerTiz Limited for the corresponding unused portion of Your Subscription Term.
PowerTiz Limited will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by compliance with designs, data, instructions or specifications provided by You or by modification of the Service by anyone other than PowerTiz Limited or by the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.
The provisions of this last Section state the sole, exclusive and entire liability of PowerTiz to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service by You, Agents or End Users.
You may only link to content on our websites if we consent. However, we reserve the right to require that You do not link to our content and we may exercise this right by giving notice to You. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
This Site also often contains advertisements, hyperlinks and pointers to websites operated by third parties. We have no control over their individual content as they do not form part of our websites. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for Your convenience only. We do not recommend any products or services advertised on those websites. If You decide to access any third-party website linked from this Site, You do so at Your own risk. PowerTiz Limited and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by You through relying on anything contained on or omitted from such third-party websites. A display of advertising does not imply an endorsement or recommendation by PowerTiz Limited.
Any disputes or questions relating to any materials, products, services or merchandise from third-party sites or fulfilment or delivery thereof and the quality, suitability and fitness for purpose of such Materials should be directed to the relevant third party website and You acknowledge that PowerTiz Limited and its affiliates, related or subsidiary companies shall have no responsibility, obligation or liability whatsoever in relation to such Materials.
We strive to ensure that our website and the Services are available to You at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including Your access to it. We may change the path or location of a link or subdomain, or redirect content contained within a link or subdomain on our website at any time without prior notice to You. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
In case of service not provided properly (due to bug or human mistake), we reserve the right of refunding the user (partially or fully), at our sole and own discretion or offering a similar service, discount, free credits, etc.
If we grant users of our Website the possibility to post content to or comments on or otherwise submit material for publication in various areas of our Website, we may not be aware of the contents of each comment or review displayed on our Website. We operate on a “notice and takedown” basis. If you believe that any comment or review displayed on our Website contains a defamatory statement, constitutes copyright infringement or infringement of other rights, please notify us immediately by writing to or emailing our Customer Service at the contact details displayed on our Website and, if possible, provide material supporting your complaint.
We reserve the right to bar users from this Site and / or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
All notices to be provided by PowerTiz Limited to You under these Terms may be delivered in writing, by nationally recognised overnight delivery service (“Courier”) or mail to the contact mailing address provided by You on any Form or electronic mail to the electronic mail address provided for Your Account owner.
For notices given to Us, You must notify Us by Courier or Mail to the address indicated in the contact section of the Website. Electronic notifications will not be accepted.
All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two business days after being deposited in the mail or with a Courier as permitted above.
We do not delete user accounts unless for up-mentioned breaches of the Terms. However, You can temporarily or permanently disable Your user account. Disabling Your account means we will delete Your password, remove any email subscriptions or notifications You may receive and turn off Your PowerTiz inbox.
To temporarily disable Your account, please click on the "Temporarily deactivate your account" link in the Account section of Your User settings and follow the instructions.
To permanently disable Your account, please click on the "Permanently deactivate your account" link in the Account section of Your User settings and follow the instructions. For security reasons, the process takes 7 days and can be canceled at any time before the end of the 7-day period. Once the process is finalised, it is irreversible and permanent.
Without limiting the foregoing, the following will lead to a suspension of Your privileges on PowerTiz:
In accordance with the guidelines established by the Data Protection Commissioner from time to time, PowerTiz Limited reserves the right to reveal Your identity (or whatever information it knows about You) in the event of a complaint or legal action arising from any advertisement or other information posted by You.
These Terms shall be governed by and construed in accordance with Irish law and the parties agree that any disputes will be settled in Irish courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights. Should any provision of these Terms be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms shall remain in full force and effect.
The headings in these Terms are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to You and upon such assignment will be relieved of any further obligation under these Terms. You may not assign, transfer or sublicense Your rights, if any, under these Terms. Our delay or failure to exercise or enforce any right or provision of these Terms with respect to a breach by You or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control, particularly in case of force majeure or an Act of God.
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND POWERTIZ LIMITED WITH RESPECT TO THE USE OF THE SITE.
Any changes to this Agreement will be posted on the Site and will take immediate effect.
If You have any questions or comments about our Terms, please Contact us.
Version: [May 2017]