BS Company OÜ (registry code 14787890, address: Oti tee 2, 75118 Tuhala, Estonia) (hereinafter referred to as the “Real estate website”) is an Estonian company that operates the BSRealty website at https://www.bsrealty.eu and its subdomains, including software, hardware, databases, interfaces, linked pages, documentation, updates, and other related or integrated components and materials (hereinafter referred to as the “website”).
The Real estate website offers Clients a virtual space for posting real estate listings and other advertisements, as well as for using other services offered on the website. By using the website, you agree to these Terms of Use (hereinafter referred to as the “Terms”). A user of the website is hereinafter referred to as the “Agent” or “Agency.” By using the website, you agree that these Terms and Conditions constitute a legally binding agreement between the Client and Real Estate Website (hereinafter referred to as the “Agreement”). These Terms and Conditions apply to all legal relationships arising between the Client and Real Estate Website through the use of the services on the website (including, without limitation, submitting offers to buy/sell/rent/lease goods and/or services in accordance with the terms and conditions set forth on the website) (hereinafter referred to as the “Services”).
- BSRealty Services and Use of the Website
1.1. Real Estate Website offers Clients a virtual space, the website, where Clients can submit invitations to bid and offers to buy, sell, or lease goods/services, as well as use other Services.
1.2. To fully use the website and the Services offered thereon (including posting advertisements), the Client must have a user account. Clients who are not registered cannot use the website to its full extent.
1.3. Real Estate Website provides the website and the content, services, and functions accessible through it on an “as is” and “as available” basis, meaning that Real Estate Website makes no warranties regarding the continuous functionality and operability of the website. Real Estate Website does not guarantee that the website is always compatible with the software and/or hardware used by the Client, or that the website is always error-free, always accessible, free of viruses, hacking, or any security threats. Use of the website is only available and permitted with general-purpose web browsers, such as (but not limited to): Firefox, Internet Explorer, Opera, Chrome, etc. The mobile version is available via the iOS and Android platforms.
1.4. Agreements concluded in connection with advertisements published on the website, including purchase and sale agreements and lease agreements, are concluded by Clients without the participation of Real Estate Website, and Clients are also responsible for the performance of such agreements and for all other circumstances related to the conclusion of the agreement.
1.5. Real Estate Website is not responsible for the quality and quantity of goods/services purchased/sold/rented through the website.
1.6. Clients use the website entirely at their own risk. Real Estate Website is not responsible for the legality, truthfulness, reliability, or compliance with good practice of offers made by Clients on the website, comments, or other information entered by Clients, or for the proper fulfillment of other Client obligations arising from the use of the Services.
1.7. Real Estate Website reserves the right to make changes to the design and content of the website, guided by principles of good practice and reasonableness.
- Client Obligations and Warranties
2.1. The Client undertakes to:
2.1.1. Comply with these Terms and Conditions when using the website;
2.1.2. Pay for Services in accordance with the Price List;
2.1.3. Ensure that the data transmitted by the Client while using the website, including, but not limited to, electronic data (i.e., files, programs, emails, etc.) and the Client’s contact information (name, telephone numbers, email addresses, etc.) (hereinafter referred to as “Client Information”):
2.1.4. is not misleading, inaccurate, and/or false;
2.1.5. does not contain offers to buy/sell/rent/lease goods/services prohibited or restricted from distribution in civil circulation;
2.1.6. does not infringe the intellectual property rights of third parties or other property and/or non-property rights of third parties, i.e., including copyright;
2.1.7. does not conflict with laws and other applicable legislation (including, but not limited to, consumer protection legislation, competition legislation, and legislation governing the transfer and provision of goods/services);
2.1.8. does not violate moral standards;
2.1.9. does not contain viruses or other computer programs or files that interfere with, damage, or otherwise disrupt the normal use of the website and that may be stored on the Client’s computer;
2.1.10. does not contain contact information for additional third parties in the additional property information field or in any other information field not intended for this purpose;
2.1.11. The real estate agency must not post active duplicate ads for the same property.
2.1.12. Keep the password and user ID safe and secure so that they do not fall into the hands of third parties, unless the Client has authorized such third parties to represent the Client in using the Services;
2.1.13. Notify the Real Estate website via email of any changes in information and circumstances compared to the information provided upon registration as a user of the website;
2.1.14. Publishing, transmitting, or otherwise distributing any illegal or terrorist content on the website is prohibited, in accordance with Section 4 of these Terms.
2.2. The Client is prohibited from:
2.2.1. Using the website for fraudulent or any other illegal purposes;
2.2.2. Inciting others to commit or participate in any illegal acts;
2.2.3. Harass, insult, humiliate, harm, defame, disparage, threaten, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
2.2.4. Send spam;
2.2.5. Use the Website for obscene or immoral purposes;
2.2.6. Upload or transmit viruses or any other type of malicious software;
2.2.7. Transmit data, photographs, advertisements, comments, or any other content through the Website that the User does not have the right to transmit or publish;
2.2.8. Create databases or customer lists of the Website for any purpose.
2.2.9 Publish, transmit, or otherwise disseminate terrorist or illegal content, including content that violates applicable law (including Regulation (EU) 2021/784 of the European Parliament and of the Council or Directive (EU) 2017/541). For more information, see Chapter 4, “Illegal and Terrorist Content.”
2.3 By performing any action on the website, the Client confirms that he/she is:
2.3.1. a natural person who is at least 18 years of age and has legal capacity under European Union law; or
2.3.2. a legal entity registered in accordance with the law, whose representative has full authority to use the website on behalf of and on behalf of such legal entity, to act on behalf of such legal entity, and to enter into obligations on behalf of such legal entity;
2.3.3. is aware that the Agreements concluded through the Website, including purchase and sale agreements and lease agreements, are concluded by Clients without the participation of Real estate website, and Clients are responsible for the execution of such agreements.
2.3.4. The User acknowledges and fully agrees that Real Estate Website has the right, in the cases specified in Section 3.6 of the Terms of Use, to transfer to trusted partners selected by Real Estate Website the information that Real Estate Website requested from the Client upon registration as a user of the Website and during use of the Website, as well as information that is otherwise collected about the Client through use of the Website.
- Rights and Obligations of Real Estate Website
3.1. Real Estate Website undertakes to promptly inform the Client of any changes to the Terms of Use and Price List by means of appropriate notices published on the Website.
3.2. Real Estate Website reserves the right, at its sole discretion, to limit or terminate the Client’s right to use the Website if:
3.2.1. The Client’s statements under the Terms are misleading and/or false;
3.2.2. The Client provided information upon registering as a user of the website or while using the website that is false, misleading, and/or inaccurate;
3.3. If the Client has not used their account for 5 years, Real Estate Website will send the Client a notice of account deletion to the user’s email address. If the Client does not respond to the notice within 15 days, the relationship with the Client will be considered terminated, and the account will be deleted.
3.4. Real Estate Website reserves the right to unilaterally amend and supplement the Terms and Price List at any time in connection with the development of the website and Services, as well as in the interests of their better and safer use.
3.5. Real Estate Website reserves the right to monitor activity on the website at any time, including, without limitation, monitoring offers to buy/sell made by website users. Real Estate Website may investigate all suspected violations of the Terms of Use using all legal means.
3.6. Real Estate Website reserves the right to remove offers made by its users from the website at any time if such offers conflict with the Terms of Use, generally accepted standards, or applicable law. Real Estate Website also reserves the right to move data within the website in the interests of more efficient use of the website in relation to offers posted by website users, without changing the content of such offers.
3.7. The information Real Estate Website requests from the Client upon registration as a user of the website and during use of the website, as well as information otherwise collected about the Client during use of the website, is used by Real Estate Website for the further development and personalization of the Services. Real Estate Website does not transfer such information to third parties or make it available for their use.
3.8. By providing content (including copyrighted works such as images, printed materials, etc.) to the website, the Client grants Real Estate Website a free, non-exclusive license to use the content (including reproduction and distribution) and to exercise copyright in the content for the entire term of the copyright. Real Estate Website has the right to use, authorize and prohibit the use of the content provided by the Client in any way, including reproduction, distribution, translation, editing, adaptation, correction, modification, adding it to other works, collections or databases, as well as making it publicly available (including social networks such as Facebook, Instagram, Twitter and other similar sites), both during the term of the Terms and after the expiration of the Terms and after the termination of the use of the Real Estate Website services. After deletion of the content posted by the Client on the website, or after the termination of the use of the Real Estate Website services, Real Estate Website is not obligated to remove or delete the content posted by the Client from the said media channels and other similar sites. The Client confirms that the content posted on the website does not violate the rights of third parties and that the Client has all necessary rights, including, without limitation, intellectual property rights and the necessary licenses, to post the posted content on the website and to grant Real Estate Website the right to further use the content as described herein.
3.9. By agreeing to the Terms of Use, the Client grants Real Estate Website, among other things, the right to publish listings for the sale or lease of the Client’s property also on platforms associated with Real Estate Website’s partner services for the purpose of promoting the sale or lease of the property featured in the listing and facilitating the receipt of additional offers.
- Illegal and Terrorist Content
4.1. When using the website, it is prohibited to publish, transmit, or otherwise distribute content that is contrary to applicable law or these Terms of Use. With regard to terrorist content, the Client is obliged to comply with the provisions of Regulation (EU) 2021/784 of the European Parliament and of the Council and Directive (EU) 2017/541.
4.2. The User is prohibited from publishing content that:
4.2.1. calls for or glorifies terrorist acts;
4.2.2. supports or advertises terrorist groups;
4.2.3. recruits, instructs, or provides assistance in terrorist activities;
4.2.4. contains instructions for the manufacture, use, or distribution of explosives, firearms, or other weapons, toxic or dangerous substances, including specific methods or techniques for committing a terrorist act.
4.3. Real Estate Website applies due diligence measures to verify content, which include, but are not limited to:
4.3.1. Processing user notifications in accordance with the provisions of Section 4 of these Terms.
4.4. Real Estate Website will promptly remove terrorist or illegal content from the online environment. Orders from competent authorities will be complied with within 24 hours. The user will be notified of the removal, unless notification is prohibited in the interests of public safety.
4.5. At the request of a competent authority or court, Real Estate Website may store content and associated data for six months or more.
4.6. The user has the right to file a complaint to challenge a decision to remove or restrict content from the online environment. The complaint must include contact information, a description of the removed or restricted content, and the reason for challenging the decision.
4.7. Real Estate Website will review the complaint within a reasonable time, but no later than two weeks from receipt of the complaint, and notify the user of the outcome of the decision. If the complaint is upheld, the content will be reinstated immediately. The resolution of complaints does not preclude the user’s right to take legal action.
4.8. The official contact point for Real Estate Website for competent authorities regarding terrorist content and removal orders is info@bsrealty.eu. The official contact person’s language of communication is English. The real estate portal will respond to competent authorities within 24 hours of receiving the relevant request.
- Fees
5.1. Use of the Services may be subject to a service fee (hereinafter referred to as the “Fees”), as specified in the Real Estate Website price list (hereinafter referred to as the “Price List”).
5.2. If a fee is charged for the services used by the Client, Real Estate Website will send a monthly invoice for the service to the email address provided by the Client.
5.3. Real Estate Website reserves the right to change its rates for any objective reason.
- Notification of Rights Infringement
6.1. Real Estate Website respects the rights of all persons, including intellectual property rights, and assumes that all other users of the Website do the same.
6.2. Real Estate Website undertakes to remove published content that infringes anyone’s rights, including intellectual property rights, within a reasonable time from the discovery of the infringement.
6.3. If, while using the website, you discover that any content published on the website infringes your rights or the rights of third parties, including intellectual property rights, please notify us of the infringement by email at info@bsrealty.eu
- Liability
7.1. The Client agrees to use the website solely at their own risk and releases Real Estate Website from any liability. The Client is released from any liability related to the use of the website or any inaccuracy, misleading content, inappropriate content, or any other circumstances of the information published on the website.
7.1.1. Real Estate Website is not responsible for the correctness, accuracy, completeness, currency, reliability, or legality of any information published on the website. In this regard, Real Estate Website is not responsible for the quality or quantity of properties purchased, sold, or rented through the website;
7.1.2. Real Estate Website is not responsible for any interruptions, stoppages, suspensions, or other disruptions in the provision of services on or through the website;
7.1.3. Real Estate Website is not responsible for the content of advertisements published by the Client on the website or the content of web pages accessible through it;
7.1.4. Real Estate Website is not responsible for any software errors, viruses, Trojan horses, etc., that anyone may transmit to the Website or through the services provided thereon;
7.1.5. Real Estate Website is not responsible for the deletion of any content or data or the failure to store content or data;
7.1.6. Real Estate Website is not responsible for user conduct on the Website;
7.1.7. Real Estate Website is not responsible for the incompatibility of technical means used to access the Website.
7.2. Real Estate Website is not responsible for any violations committed by the Client against third parties, including infringement of intellectual property rights.
7.3. The Client agrees to indemnify the Real Estate Portal for all costs, losses, claims, and expenses (including legal fees) directly or indirectly arising from the Client’s violation of the Terms or any applicable legal provisions.
7.4. The Client acknowledges and agrees that Real Estate Website is not responsible for the content, links, or materials of third parties on the Website, or for their accuracy or reliability.
- Complaint Resolution in Accordance with the Online Mediation Services Regulations
8.1. The Client has the right to submit complaints to Real Estate Website for free review through the Administrator’s internal complaint handling system (hereinafter referred to as the “System”).
8.2. The System allows the Client to submit complaints on the following issues:
8.2.1. Alleged failure by Real Estate Website to fulfill any legal obligations affecting the Client filing the complaint;
8.2.2. Technical problems with the Real Estate Website service directly related to the provision of online mediation services and affecting the complainant;
8.2.3. Measures or actions by Real Estate Website directly related to the provision of online mediation services and affecting the complainant.
8.3. Complaints filed in accordance with this section should be sent to Real Estate Website by email at info@bsrealty.eu. Real Estate Website will respond to complaints received in the same form and inform about the satisfaction of the claim or possible resolution of the complaint within 15 days of receipt of the complaint, unless otherwise provided by law or the European Union Regulation. The response will be sent to the postal address or email address of the user-consumer, unless otherwise agreed with the user.
- Other Provisions
9.1. In addition to these Terms, the relationship between the Client and the Real Estate website is governed by the current legislation of the Republic of Estonia and the website’s price list at the time of use.
9.2. The Client will be notified of changes and additions to the Terms and Price List at least 30 days prior to their entry into force via corresponding notices on the website. If the Client does not agree with a change or addition to the Price List and/or Terms, they have the right to unilaterally terminate their legal relationship with the Real Estate website before the change or addition takes effect, after first fulfilling all obligations arising from their legal relationship with the Real Estate website.
9.3. The right of withdrawal cannot be exercised if the obligations arising from the entrepreneur’s contract have been fully fulfilled. By posting a paid ad and paying for it, the user confirms that they are aware that the right of withdrawal is lost upon full performance of the contract with the Real Estate website.
9.5. The provisions of other legal acts governing legal relations (including, but not limited to, provisions of legal acts governing purchase and sale, exchange, acquisition, agency, commission, and joint action) shall not apply to these Terms.
9.6. Legal relations arising from the use of the website between the Client and the Real Estate Website are governed by the laws of the Republic of Estonia.
9.7. Disputes between the Client and the Real Estate Website arising in connection with the use of the website shall be resolved by the Harju County Court.