Terms & Conditions
These terms describe the General Terms and Conditions of Use (“CGDUs”) of the products and services made available to you by Homelink Firenze S.r.l. (hereinafter Homelink) and the companies belonging to the same corporate group on its online channels.
Different terms and conditions may be applicable to specific websites and/or platforms of Homelink or to websites and platforms of integrated partners and, in this case, please refer to the GTCDUs therein.
By accessing or using the Homelink websites and platforms and/or the product or service for which you register, you signify your acceptance of these Terms of Use. If the user does not agree or does not intend to accept the terms and conditions of these Terms of Use for access or use of the products and services for which the user intends to make use, the same user shall not register, continue browsing the Homelink Websites and/or platforms, or proceed with the purchase of the products and services related to such registration.
These General Terms of Use apply both to consumers in compliance with the Consumer Code Legislative Decree 206/2005 and its subsequent updates, as well as to entrepreneurs, professionals and other economic entities, unless it is expressly stated that specific rules apply only to certain categories of subjects. Pursuant to current legislation (art. 3 of Legislative Decree 206/2005) it is recalled that the “consumer” is the person physical acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried on.
To accept these GTCDUs, the user must have the authority to enter into legally binding contracts. Users of legal age may enter into contracts for the purchase of Homelink services and/or content for the benefit of a minor interested in using such services. Users who are minors but 14 years of age or older will be able to register on Homelink sites with the prior consent of their parent/guardian.
By filling out the registration form, the user declares that they are of age and/or have obtained consent to act from their parent/guardian.
1. Homelink Websites.
This document refers to digital resources made available on Homelink Websites and/or platforms, including software, content, apps, and other digital products or services.
2. Ownership of Materials on Homelink Websites.
The Homelink Websites and/or platforms contain information, text, software, photos, video, graphics, music, audio, editorial content, and other materials (“Materials”) protected by copyrights, trademarks, patents, and other intellectual property rights (“Intellectual Property Rights”). Any and all right, title and interest relating to such Materials and Intellectual Property Rights belongs solely and exclusively to Homelink or its licensors and suppliers.
3. Use of the Materials3.1. Permitted Uses of Materials. Homelink authorizes users to view and, if these functions are directly available (with buttons or links to “print”/”downloading” functions) to download (make a local copy in the user’s device) and print the Materials, for personal, non-commercial purposes only.
3.2. Non-Commercial Uses. You may, on an occasional, non-systematic basis, include limited portions of the Materials within papers, reports and presentations, and only to the extent permitted for purposes of a non-commercial nature, not competing with the commercial value of such Materials. In all cases, the user shall include trademarks and notes on Homelink’s Web sites and/or platforms, as well as report the appropriate attribution of their authorship, citing the authors/curators/translators and the source of the Materials (indicating “© Homelink S.r.l – https://homelink-charlotte.com/”).
3.3. Impermissible Uses of Materials. Except as expressly permitted by Homelink, you may not use, modify, adapt, reformat, download, upload, reproduce, transmit, publish, display, perform, transfer, or redistribute the Materials in any form, format, or medium, or by means of any technology, without the prior written permission of Homelink and the other owners of the intellectual property rights in such Materials.
You may not reproduce, use, sell, transmit, publish, post or in any way disseminate or distribute the Materials to anyone, including users belonging to the same company, school, institution or organization, whether or not there is a charge or any other compensation, including use with, or within, “course packages” or courses.
Except as expressly permitted by Homelink in access licenses to specific services/content, you may not post the Materials within newsgroups, distribution lists, electronic bulletin boards, educational sites, content aggregators, file storage services, or any other online destination.
You may not reproduce illustrations, graphics, photographs, diagrams, portions of text, chapters, or e-books included in the Materials.3.4. Requesting Permissions. If you would like to request permission to reproduce the Materials for purposes other than those expressly authorized, or if you have questions about the proper way to include the notes listed in Section 3.2, you may send an email to homelink.tuscany.realestate@gmail.com to contact the appropriate Homelink representative.
4. Availability of the Web Site and Materials
Homelink may change or discontinue any part, function, or content of its Websites and/or platforms at any time, with or without notice to you; however, Homelink will, to the extent possible, endeavor to notify users in the event of significant changes to its Websites and/or platforms, and to provide alternative materials in the event of removal of substantial portions of content or functions.
5. Liability and Third Party Content
Homelink assumes no responsibility for misuse of its services and/or platforms. Homelink does not endorse any products, services or information provided by said third parties, nor does it assume any liability, direct or indirect, for any damage or loss actually or allegedly caused by or in connection with the use of or reliance on content, goods or services available through third parties or otherwise posted by third parties on Homelink’s websites and/or platforms. Similarly, the inclusion of links to third-party sites on Homelink’s Web sites and/or platforms
does not imply that the owners of those sites have provided permission for this inclusion, nor does it imply that they sponsor or support Homelink’s Web sites and/or platforms.
6. User Content.
6.1. User Posting and/or Submission of Content. Homelink’s Websites and/or platforms, in addition to providing services and products that you can access, may provide functionality for users who upload or submit via phone and/or email comments, ideas, articles, information, data, text, software, music, audio, photographs, video, messages, and other materials or presentations (“User Content”). You may only use content that is legal and your own original content or for which you have otherwise obtained the necessary right or permission to post and in any way that complies with the current Privacy Rule 2016/679, more commonly referred to as GDPR (General Data Protection Regulation). The views and opinions expressed in any user content do not necessarily reflect those of Homelink or its suppliers. The user who posts and/or submits content is solely responsible for that content. The user acknowledges and agrees that Homelink does not screen its content in advance. Homelink and its designees reserve the right but not the obligation, in its sole discretion, to refuse tosubmit or remove any user content in case it may harm the image or rights of third parties or Homelink itself, not be in line with the features of its online services or its policies and ethics.
Any user and/or third party may report to Homelink the presence of any content that is improper, illegal or infringing on the rights of third parties through the contact form on the Website or by writing to homelink.tuscany.realestate@gmail.com
6.2. Homelink’s Responsibility for User Content. Homelink does not guarantee the accuracy, integrity, or quality of user content and assumes no responsibility for any errors, omissions, infringement of third party rights, or illegal conduct arising from content posted, emailed, or otherwise transmitted via its Websites and/or platforms.
6.3. Use of User Content by Homelink. If you post and/or submit your own content, you authorize Homelink to store, store, publish, transmit, use, and distribute such content. You acknowledge and agree that Homelink reserves the right but not the obligation to store such content indefinitely. You acknowledge and agree that Homelink further reserves the right to disclose your content in combination with related personal information if required by law or if it determines in good faith that such disclosure is justifiably necessary to: (a) to comply with legal process; (b) to enforce the terms set forth herein; (c) to respond to claims regarding infringement of third party rights due to user content; or (d) to protect the rights, property, or safety of Homelink, related users, and/or third parties.
7. Restrictions on Use of Homelink Products.
You agree not to use Homelink’s Websites and/or platforms for the following purposes:
(a) uploading, posting, emailing or otherwise transmitting content that is not permitted as set forth in Section 6 or that violates these TOS in any way;
(b) impersonate another person or entity or make false or otherwise incorrect statements about a relationship with a person or entity, such as by using another person’s login credentials;
c) uploading, posting, emailing or otherwise transmitting unsolicited or unauthorized promotional or advertising materials, junk mail, chain letters, “pyramid schemes” or other forms of solicitations;
d) use or attempt to use “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated process or methodology, algorithm, tool, program, or device, or manual process with similar functionality or procedures, to access, acquire, copy, or monitor portions of Homelink’s Web sites and/or platforms or any other material of Homelink without obtaining express written permission from Homelink itself;
e) obtaining or attempting to obtain through any means Materials, User Content, or any other data, content, software, or code available on Homelink’s Websites and/or platforms that has not been unequivocally made available to the public or accessible through a link;
(f) violate systems to restrict or prevent access to Homelink Websites and/or platforms or related products or content;
g) breach the protection of Homelink’s Websites and/or platforms or attempt to gain unauthorized access to the same sites/platforms, related products and content, or to computer networks or systems connected to the services of the Websites and/or platforms, through acts of hacking, misappropriation of passwords, or any other means;
h) interfere or attempt to interfere with the proper functioning of Homelink’s Websites and/or platforms or with any activity conducted on or through them, including accessing products before they are made available;
i) take or attempt any action that results in an unreasonable and disproportionately heavy load or traffic on Homelink’s Web sites and/or platforms or related infrastructure;
(j) disrupt the normal flow of interaction or act in such a way as to adversely affect the ability of users to engage in real-time exchanges or to regularly post messages, articles or other documents;
k) interfere with or disrupt the operation of Homelink Web sites and/or platforms or servers or networks connected thereto, or violate requirements, procedures, policies or standards of such networks;
(l) violate applicable local, state, national or international laws or academic standards to which you are bound; or
m) engage in conduct that in any way compromises the commercial value of Homelink’s services.
8. Responsibilities of the registered user of Homelink services.
The user represents and warrants to Homelink that the information provided for registration and access, whether free or paid, to Homelink services and content is true, complete, accurate, and up-to-date, and that in the event of any subsequent change to it, updates will be communicated to Homelink within 15 days of the change.
In the event that any of the above statements are or become untrue or do not fully comply with the requirements set forth herein, Homelink reserves the right to suspend and/or terminate your access to its websites, services and/or platforms.The user authorizes Homelink to send contractual communications to the email address and/or telephone number provided for registration.
It is the user’s responsibility to obtain and make proper use of the software, hardware and telematics connections required to access and use Homelink’s services and/or platforms, as well as for all costs involved.
Login credentials (username and password) may not be shared with others or in any way disclosed to third parties.
The user is responsible for all use of Homelink’s Web sites and/or platforms and services through their user name and password, whether made personally by the user or by others. The user is responsible for protecting and safeguarding his/her password from unauthorized use and dissemination. In the event that you believe or become aware that a breach in the use of your password has occurred, such as theft or unauthorized use, you should notify Homelink immediately by contacting the Technical Support team and/or writing to homelink.tuscany.realestate@gmail.com
Homelink reserves the right, at its absolute discretion, with or without notice, to suspend your access to all or any part of its Websites and/or platforms, or suspend or terminate the validity of these TOU and consequently your rights to use the Websites and/or platforms, in the event of or use, by you or any other person with access to the Site using your user name or password, deemed not to be in compliance with these TOU or for any other conduct or use deemed harmful to other end users, Homelink suppliers or Homelink’s interests.
9. User Protection.
For complaints related to goods or services purchased online from Homelink websites, the user can fill out the online form on the Homelink Support website. If the response to the complaint is not satisfactory with respect to these GTCDUs, please refer to the documentation on the European Commission website (also found in the footer of the main Homelink Italy website), which provides more information for consumers regarding dispute resolution and the ODR web platform.
10. Exclusion of Warranty
Except as provided in the particular terms and conditions of access to Materials and/or services made available for a fee through its Websites, Homelink makes no representations or warranties with respect to its Websites and/or platforms; all information, content, materials and software accessible through them are provided to be used “as is” and “as available.” To the fullest extent permitted by applicable law, Homelink disclaims all warranties and conditions, statutory, express or implied, by operation of law or otherwise, implied warranties of title non-infringement, merchantability and quality or fitness for a particular purpose, in connection with or in connection with the Materials and services of its Websites and/or platforms. Homelink also makes no representations or warranties about the availability of its Websites and/or Platforms or the absence of errors, nor does it warrant that the information on its Websites and/or Platforms, or any other Websites or Platforms linked to them, will be accurate, complete or current. You expressly agree that your use of Homelink’s Web sites and/or platforms is at your sole risk. No statement, information, or recommendation, including statements regarding capability, fitness for use, or performance, reported by any Homelink employee, reseller, or other representative, that is not contained in these TOU shall be construed as a warranty by Homelink for any purpose nor shall it give rise to any liability on the part of Homelink in any way, so you agree to disregard any such statement, information, or recommendation.
In cases where Homelink serves in the role of distributor, of materials accessible through its Web sites and/or platforms, it will not exercise control over such materials other than that which online service resellers generally have. The views and opinions expressed in such information do not necessarily reflect those of Homelink or its licensors or provid
The views and opinions expressed in such information do not necessarily reflect those of Homelink or related licensors or content providers. Homelink and the related content providers or licensors make no warranties or representations as to the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
11. Limitation of Liability.
To the fullest extent permitted by applicable law, Homelink, its subsidiaries and affiliates, and their respective officers, managers, employees, agents, resellers, and contractors (collectively “relevant Homelink parties”) shall in no event be liable for any claims, costs, demands, damages, losses, expenses, or other liabilities of any nature whatsoever arising out of the use or inability to use the Homelink Websites and/or platforms, including any compensatory, incidental direct, indirect, special, punitive or consequential damages, nor for loss of use, loss of data, loss of income or profits, loss of property or damage to property, third party claims, losses caused by reliance on the Materials, content, information, websites, software or products obtained through the Homelink Websites and/or platforms or for errors, omissions, interruptions, miscommunications, deletions of files or emails, problems, defects, viruses, troians, delays in operation or transmission or any other problems of performance, theft, destruction or unauthorized access to records, programs or websites, or other losses of any kind or character related to your use of Homelink’s websites and/or platforms, even if Homelink has been advised of the possibility of such damage or loss arising out of or in connection with your use of them or that of any other linked website or platform. The user assumes full responsibility regarding the adoption of procedures related to backing up their data and virus control as necessary. In the event that, notwithstanding the foregoing, Homelink is held liable for any damages, regardless of the type of action, including fault, breach of contract, breach of warranty, or otherwise, the liability of Homelink and the affected Homelink parties shall in no way exceed, either jointly or separately, the total amount in euros paid by you to Homelink in the twelve (12) months preceding the reporting of the damage or wrongdoing.
12. User’s Liability.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Homelink and the relevant Homelink parties harmless for any and all claims, costs, demands, damages, losses, expenses and liabilities of any nature whatsoever (including any legal or professional fees and costs of defending or prosecuting any claim), incurred or suffered by Homelink and/or the relevant Homelink parties, directly or indirectly, as a result of any act or omission that you or any of your agents, contractors, employees, or representatives have committed in violation of these TOU or any third party rights or any applicable laws or regulations for the use of the Homelink Websites and/or platforms or their content.
13. Notifications, Reports and Questions
Homelink may send notifications to you by email, postings on its Websites and/or platforms or on its Technical Support website, and/or by conventional mail. Notifications from Homelink are effective from the date they are received by the user.
The user may send notifications to Homelink in the manner indicated below. User notifications are effective from the date they are received by Homelink.
Online: Web site or by email to homelink.tuscany.realestate@gmail.com
Postal address in Italy: Florence (FI), Via Guido Monaco 19, Italy
Notification of changes to registration information, as outlined in Section 8, is sent via the profile management function provided on Homelink Websites and/or platforms or via the Technical Support pages of Homelink Italy’s main website.
Any questions regarding these TOU, the Homelink Websites and/or platforms, their availability, security, or the materials in
Any questions regarding these GTCDUs, Homelink Web sites and/or platforms, their availability, security, or the materials contained therein, including concerns or reports regarding invalid links, disallowed user content, or other customer or technical support issues, may be sent to the contacts above. If your inquiry or concern relates to specific links or content on a Homelink Web site and/or platform, include the URL of the originating Homelink page, any URLs of linked pages, and a description of the content in question in order to expedite Homelink’s response to the issue.
Users may request activation of a Newsletter service aimed at keeping them informed of Homelink products and services as well. The Newsletter service is provided free of charge to the user who requests it. By subscribing to the Newsletter service Homelink Italy sends by email, to the user who has requested it, periodically and free of charge, information about promotions and news of the Homelink group. Unsubscribing from the Newsletter service can be done at any time through the appropriate option in the user’s area or by sending an e-mail to: homelink.tuscany.realestate@gmail.com
14. Miscellaneous
These GTCDUs provide for personal obligations and rights of the user, who may not assign, transfer or delegate their obligations or rights derived arising under these CGDUs to others. Homelink may assign or delegate its obligations or rights under these CGDUs.
In the event that any provision of these TOU is declared invalid or unenforceable for any reason by a court of competent jurisdiction, the remainder of the TOU shall remain valid and enforceable according to its terms.
You acknowledge that Homelink may suffer irreparable harm as a result of your violation of these GTDUs or your unauthorized use of its Websites and/or platforms and related content and that, therefore, monetary compensation may not be a sufficient remedy for such harm. You agree that Homelink shall have the right, without waiving any other rights or remedies and without a further showing of irreparable harm or inadequate economic compensation, to seek damages in the event of any violation of these TOU or unauthorized use of its Websites and/or platforms or related content. In the event that Homelink ignores or fails to enforce any of the terms or conditions of these GTDUs in one or more circumstances, whether through fault or any reason whatsoever, such conduct shall not indicate that it shall ignore or fail to enforce such term or condition on other occasions, as well as any other term or condition of these GTDUs.
The contents of these GTDU may not be modified by the conduct of Homelink or
The content of these CGDUs cannot be changed by the behavior of Homelink or the user, even if repeated, nor by any procedures or habits of third parties involved in the same or similar activities.
In addition to being an integral and substantial part of the registration form, these GTDU are available on the main website of Homelink Italia at the link “Terms and Conditions” and can be consulted at any time.
15. Law and Jurisdiction
These Terms and Conditions are governed by and shall be construed and enforced in accordance with the laws in force in the territory of the Republic of Italy.
Unless the user is a consumer, the sole competent judge for all disputes arising in connection with the execution of these CGDUs is that of the Court of Siena
If the user is a consumer, the competent judge remains the one provided for by Legislative Decree 206/2005.
