Terms and Conditions
1.1 “Te Atrium” means Te Atrium.net S.r.l., registered office at no. 4/C Via Boezio, 00193 Rome. We provide the Website for Partners, Designers and End-Users. We are not in direct competition with any of our customers and do not deal directly with private individuals who want to buy, rent or sell properties.
1.2 "Web Platform" or "Website" or “Site” means www.teatrium.net
1.3 "Partner" means a company qualified for the sale or rental of properties which displays its properties on Te Atrium’s website and which has not entered into a separate agreement with Te Atrium other than these General Conditions.
1.4 “End-User” means a registered user who browses the Web Platform and is interested in buying, selling, renting and/or receiving an appraisal for a residential property, or utilises the Designer Catalogue and Life & Style sections of the website.
1.5 “Designer” means an architect or interior designer that has a registered profile within the Web Platform in order to display his or her projects to End-Users.
1.7 “Services” means the services offered by the Website.
2. GENERAL OBLIGATIONS AND CODE OF CONDUCT
2.1 When you use this Site you agree to be bound by these General Conditions. If you do not agree to these General Conditions, you should not use this Site.
2.2 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
2.3 It is not permitted to misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the aforementioned.
2.4 You are not allowed to use or attempt to use any automated program (including, without limitation, any spider or other web crawler) in order to copy the content of our Website in other websites. Any such use or attempted use of an automated program shall be considered a misuse of our system and this Site and is strictly forbidden.
2.5 You are not allowed to upload and/or utilise inappropriate or offensive language or content, nor can you solicit commercial services in any communication, form or email you send or submit, from or to the Site without written authorization from a legal representative of Te Atrium.
2.7 Te Atrium will constantly monitor accesses to the Web platform in order to ensure the security and confidentiality of its customers and reserves the right to ban or block Users who cause disturbance or damage, real or potential; for example by sending spam messages or irrelevant requests. Any such Users should refrain from attempting to use this Site under any other name or through any other User access.
3. INTELLECTUAL PROPERTY
3.1 The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to and can be utilised by Te Atrium or by our Partners. You may download material from this Site only in the event that such a download is allowed by the Site and the material is only for your personal use. However, you are not allowed, in any manner whatsoever, to transmit, modify, republish, store (in whole or in part) or link to, any material or information on, or downloaded from, this Site without our prior written consent.
3.2 You are not allowed to use or copy, without Te Atrium’s prior written consent, any of the intellectual property rights available in the Website.
4.1 You undertake that all information provided by you for the purposes of registering with us is accurate and complete. We ask you to maintain and promptly update your details to keep them genuine accurate, current and complete. You are not allowed to provide false personal information or to deliberately register your information under multiple profiles. If you provide, or Te Atrium suspects, that any information is untrue, inaccurate, expired or incomplete, Te Atrium reserves the right to suspend or terminate your access to the Website.
4.2 The credentials with which a User is registered on the Site are intended for a single user only. It is not permitted to share your password with any other person or multiple users. You accept sole responsibility for using and for keeping confidential any account ID and password that may have been chosen by you or provided by Te Atrium for use on this Site. You must notify us immediately if you become aware of any unauthorised use of your credentials or any other breach of security of this Site. You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other User accounts; (4) refrain from selling, trading, or otherwise transferring your Te Atrium account to another party; and (5) refrain from charging anyone for access to any portion of the Website, or any information therein.
5. SPECIFIC OBLIGATIONS FOR END USERS.
5.1 You are not permitted to send enquiries to our Partners that do not concern buying, selling, renting or receiving an appraisal for a residential property .
5.2 You are not permitted to send inappropriate or irrelevant enquiries to our Designers.
5.3 You are not permitted to suggest featured articles that can be regarded as offensive material for any social group, or that are immoral and/or against the law.
5.4 You must not divulge confidential data or information received from any party contacted on the Site. This shall not apply to any data or information that are public knowledge at the time they are so provided by the party, and it shall cease to apply if, at any time in the future, they become public knowledge through no fault of yours.
6. SPECIFIC OBLIGATIONS FOR DESIGNERS
6.1 You must provide an accurate representation of your curriculum vitae and the role and responsibilities you have undertaken for each project displayed on the Site within your portfolio.
6.2 You are obliged to comply with the code of ethics and/or conduct of your home country and not to act in any way that is prohibited by the above-mentioned code.
6.3 You are not allowed to contact Users without their consent for purposes other than those of the Site; that is to internationally promote your portfolio of high-end residential projects.
6.4 You must not display the work of any other professional within your profile (either free of charge or at a cost) nor pass information that you have obtained from the Site to third parties.
6.5 You are not allowed to display on the website photos of properties for which you have not received authorization from the owner, nor any confidential photo or text.
6.6 Te Atrium reserves the right, to be exercised at its sole discretion and without any need of prior written notice, to block the display of Designers who do not comply with the above guidelines.
7. SPECIFIC OBLIGATIONS FOR COMPANIES AUTHORIZED TO SELL OR RENT PROPERTIES
The clauses in this section are exclusively applied to Partners that are real estate companies who are registered with a User profile on the Site who are authorized by Te Atrium to purchase single or multiple listings, or companies that have not signed a separate contract with Te Atrium.
7.1 The Partner is obliged to guarantee the accuracy and correctness of information regarding each property listed for rental or sale which is rented/sold through the Site.
7.2 The Partner must observe the following guidelines for the listing of its properties on the Site:
· Estimated value of each property greater than or equal to € 1.000,000.00 (properties for sale) or annual rent greater than or equal to € 40,000.00 (properties for rent);
· Number of photographs of each property greater than or equal to five;
· Photographs of properties should be high quality, non-repetitive and must not contain any colour logo; only watermarked (or white semi-transparent) logos are permitted;
· The Partner is requested to remove sold or leased properties within seven days of signing a written contract of sale or rental.
7.3 Te Atrium reserves the right, to be exercised at its sole discretion without any need of prior written notice, to block the display of properties that do not comply with the above guidelines or that present misleading or inaccurate descriptions. In this case the Partner will be required to edit the information that is not compliant.
7.4 The Partner undertakes, in its dealings with both Te Atrium and Users, to comply with the code of ethics and/or conduct of its home country and not to act in any way that is prohibited by the above-mentioned codes.
7.5 The Partner is not allowed to list on the Site properties for which it is not entitled to the sale or rental for the entire duration of the service. Te Atrium has the right to block the display of the Partner’s properties, without providing any reimbursement, in the following circumstances:
· The Partner makes false statements regarding the property and/or the state of rental and/or the condition of a property listed on the Platform.
· The Partner, in violation of the obligation to respect the code of ethics and/or conduct of their home country, or otherwise the violation of the obligation of correctness and good faith of the execution of the contract under art. 1375 of the Italian Civil Code, publishes on the Platform properties of which it is not the owner or does not have a mandate for sale/rent.
7.6 The Partner is not allowed to contact Users to propose properties other than the ones displayed on the Website without their prior request or consent.
7.7 The Partner undertakes the responsibility to enforce among its employees, representatives, attorneys and consultants, the above mentioned obligations.
7.8 The Partner is required to pay in advance for each property he requests to be displayed on the Site, according to the price agreed by email or fax. The payment is related to a specific property for a pre-defined duration; therefore if the property is sold or rented the Partner cannot substitute it with another property. In this case Te Atrium can block the display of the property without any refund.
7.9 Within 72 hours from the first upload of a property, Te Atrium’s staff will review the information provided by the Partner and , in the event that it does not conform with the above guidelines, they may remove the property from the website and refund the Partner, less the transaction costs. In any other case the advanced payment will not be refundable either in whole or in part.
8.1 By using this site you are obliged to agree to indemnify Te Atrium of all damages, losses and costs (including lawyer’s and legal fees) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with the obligations of these General Conditions, including, without limitation, the submission of content that violates third party rights or applicable laws, (2) any content you submit to obtain the Services purchased from Te Atrium, and (3) any activity in which you engage directly on or through Te Atrium.
9. CUSTOMER FEEDBACK AND QUALITY CONTROL
9.1 The staff of Te Atrium will do their utmost to ensure that the feedback from its clients is taken into consideration for the improvement of the site. For any suggestions please contact us here.
9.2 All other communications shall be sent:
to us: by email to firstname.lastname@example.org or by post to Te Atrium.net, Via Boezio 4/C, 00193, Rome, Italy;to each User: by email to the address given during the registration process.
10.1 Te Atrium reserves the right, at any given moment, to change the content of this Site, or suspend or discontinue any access to the Site. Unless you receive notification to the contrary from Te Atrium, all amendments or new content to this Site will be subject to this clause.
10.2 These General Conditions constitute the whole agreement between you and Te Atrium unless you have entered into a specific written agreement, in which case any aspects of this General Condition that are not in direct conflict with another written agreement are deemed incorporated by reference therein. You acknowledge that you have not entered into this agreement in reliance on any guarantee or representation made by us. If a court of law decides that any part of these General Conditions cannot be enforced, that particular part of these General Conditions will not apply, but the rest of the General Conditions will remain valid. Failure or delay in exercising any right under these General Conditions shall not prevent the exercising of any other right. You may not assign or transfer any benefit, interest or obligation under these General Conditions.
10.4 You acknowledge, consent and accept that we may access, preserve and disclose your registration and any other information you provide should Te Atrium be required to do so by law or if it is, in good faith, deemed necessary that such access, preservation or disclosure is to: (1) comply with a legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these General Conditions; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; or (4) protect the rights, property, or personal safety of Te Atrium, our clients or the public, it being understood that in the event that the circumstances under (2), (3) and (4) materialize you will be notified in advance of such disclosure by email.
11. LIMITATION OF LIABILITY
BY UTILIZING THE SITE YOU ACKNOWLEDGE AND ACCEPT THAT TE ATRIUM DOES NOT PROVIDE ANY, EXPRESS OR IMPLIED, GUARANTEES OR REPRESENTATIONS ON THE ACCURANCY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION AVAILABLE ON THE WEBSITE, OR ANY OTHER INFORMATION RELATED TO TE ATRIUM OR TO THE WEBSITE. THE INFORMATION PROVIDED ON THIS SITE IS FOR GENERAL INTEREST ONLY AND DOES NOT CONSTITUTE SPECIFIC ADVICE. YOU MAY CLOSE YOUR TE ATRIUM ACCOUNT AT ANY TIME AND THIS RIGHT IS YOUR SOLE AND EXCLUSIVE RIGHT.
TE ATRIUM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR GUARANTEES FOR THE DELIVERY OF ANY MESSAGES OR CALLS THROUGH THE WEBSITE. IN ADDITION, WE NEITHER GUARANTEE NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
TE ATRIUM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, TE ATRIUM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
TE ATRIUM DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. TE ATRIUM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TE ATRIUM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE TE ATRIUM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, OR ANY OTHER REASON.
TE ATRIUM DOES NOT GUARANTEE ANY MATERIAL AND/OR INFORMATION AVAILABLE ON THE WEBSITE IS FREE FROM INFECTION, VIRUSES AND/OR SIMILAR CODE AND WE DISCLAIM ALL LIABILITY RELATED THERETO.
DUE TO THE NATURE OF SOFTWARE AND INTERNET, WE DO NOT GUARANTEE THAT YOUR ACCESS TO, OR THE RUNNING OF, THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE.
FURTHERMORE WE DO NOT ACCEPT ANY LIABILITY FOR:
a) LOSS OF YOUR PASSWORD OR ACCOUNT ID CAUSED BY A BREAKDOWN, ERROR, LOSS OF POWER OR OTHER EVENT CAUSED BY OR TO YOUR COMPUTER SYSTEM;
b) ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THIS SITE;
c) ANY DAMAGE, COST OR EXPENSE THAT IS ASSOCIATED WITH LOSS OF PROFIT, INDIRECT DAMAGES, LOSS OF REPUTATION AND DAMAGES DERIVING FROM LOSS OF CHANCE;
WHEN YOU ENQUIRE ABOUT A PROPERTY, YOUR DETAILS (INCLUDING YOUR EMAIL ADDRESS) WILL BE SENT BY EMAIL DIRECTLY TO THE ESTATE AGENT OR A DEVELOPER MARKETING THE PROPERTY OR PROPERTIES THAT YOU ARE ENQUIRING ABOUT. WE DO NOT ACCEPT ANY LIABILITY FOR ANY SUBSEQUENT COMMUNICATIONS THAT YOU RECEIVE DIRECTLY FROM THAT ESTATE AGENT OR DEVELOPER.
THE DETAILS OF THE PROPERTIES AVAILABLE ON THIS SITE ARE PROVIDED TO US BY OUR AFFILIATED AGENTS AND DEVELOPERS FOR YOUR INFORMATION ONLY. WE CANNOT VERIFY THESE DETAILS AND THEREFORE MAKE NO GUARANTEESOR REPRESENTATIONS AS TO THEIR ACCURACY OR COMPLETENESS NOR DO WE ASSUME ANY RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR SUCH DATA. IF YOU RELY ON THESE DETAILS, YOU DO SO AT YOUR OWN RISK.
THIS SITE CONTAINS LINKS TO WEBSITES OPERATED BY THIRD PARTIES. WE HAVE NO CONTROL OVER THEIR INDIVIDUAL CONTENT. WE THEREFORE MAKE NO GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION APPEARING IN RELATION TO ANY LINKED WEBSITES NOR DO WE ASSUME ANY RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR SUCH INFORMATION. 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 TO THIS SITE, YOU DO SO AT YOUR OWN RISK.