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Terms and Conditions

PropertyList.es – Terms & Conditions

Effective Date: 8 February 2025

By using PropertyList.es, you agree to these Terms and Conditions. If you do not agree, you should discontinue use of the platform.

PropertyList.es is designed to facilitate property listings and lead generation for real estate professionals in Andalucía, Spain.

Section I: Introduction & Definitions

1.1 Introduction
Welcome to PropertyList.es, your comprehensive property listing platform tailored for the unique and diverse real estate landscape of Andalucía, Spain. By accessing or using our platform, you acknowledge and agree to abide by these Terms and Conditions, alongside all relevant supplementary policies and agreements.

1.2 Definitions & Interpretations

  • “Platform” refers to PropertyList.es, including its website, mobile apps, tools, and associated services.
  • “Member” refers to real estate agents, agencies, or affiliates registered on the platform.
  • “Listing” refers to property descriptions, images, and relevant data uploaded by members.
  • “Services” refers to features, tools, and functionalities available on PropertyList.es.
  • “Us,” “We,” or “Our” refers exclusively to PropertyList.es and its operating entities.

Section II: Registration, Account Creation & Management

2.1 Eligibility & Registration
To register, users must be 18+ years old and legally permitted to operate within the Andalusian real estate sector.
PropertyList.es may verify registrations and request supporting documentation.

2.3 Account Authorisation
By registering on PropertyList.es, you represent and warrant that you have received express authorisation from the estate agency or company you represent to open and operate an account on this platform. You acknowledge that any account created without such authorisation constitutes a breach of these Terms, and you assume full responsibility for any claims, damages or losses arising from such unauthorised actions. In the event that an account is found to have been created without proper authorisation, PropertyList.es reserves the right to immediately suspend or terminate the account without prior notice. Furthermore, PropertyList.es shall not be held liable for any claims or losses arising from the unauthorised use of an agency’s name.

2.3 Account Security & Integrity
Members are responsible for maintaining the confidentiality of their account credentials, including passwords, and for all activities that occur under their account, whether authorised or unauthorised. Members must promptly notify PropertyList.es of any unauthorised access or suspected security breaches. Failure to do so may result in the member being held liable for any consequences arising from such activities.

2.4 Right to Refuse Service
PropertyList.es reserves the right, at its sole discretion, to refuse, suspend, or terminate access to its services to any individual or entity, for any reason or no reason, at any time, without prior notice or explanation. This includes, but is not limited to, the refusal of listings, removal of existing listings, suspension of accounts, or denial of platform access. PropertyList.es is not obligated to provide any justification for such actions and shall not be liable for any consequences arising from the exercise of this right.

Section III: Content, Listings & Proprietary Rights

3.1 Listing Protocols & Compliance
All property listings must comply with regional real estate laws and regulations and must be authorised by the property owner. PropertyList.es reserves the right to review and audit listings for compliance. If a listing is found to be non-compliant, PropertyList.es may, at its sole discretion, take one or more of the following actions:

  • Remove the listing without prior notice.
  • Suspend or terminate the member’s account.
  • Impose a fine or penalty, which will be notified to the member.

Members agree to cooperate fully with any compliance audits or investigations conducted by PropertyList.es.

3.3 Content Usage & Rights Allocation
Members retain ownership of the content they upload to PropertyList.es. However, by uploading content, members grant PropertyList.es a perpetual, royalty-free, worldwide license to use, display, and promote the content for marketing and operational purposes. This license remains in effect even after a listing is removed by the member, unless the member formally requests in writing to revoke the license for future promotional use. PropertyList.es will honour such requests within 30 days of receipt, but previously published promotional materials may not be retracted.

3.5 User-Generated Content & Liability
Members are solely responsible for ensuring that all content they upload, including property details, images, and descriptions, is accurate, up-to-date, and does not infringe on any third-party intellectual property rights (e.g., copyrighted images, trademarks, or other proprietary materials). Members must obtain all necessary permissions and licences before uploading any third-party content. PropertyList.es is not liable for any claims arising from the unauthorised use of third-party intellectual property. Members agree to indemnify and hold harmless PropertyList.es, its officers, employees, agents, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising out of their use of the platform or the uploading of any content that infringes upon third-party intellectual property rights or violates applicable laws or regulations.

3.6 API & Third-Party Integrations
PropertyList.es may integrate with third-party services such as payment processors, CRM systems, or MLS databases. Users acknowledge that PropertyList.es is not responsible for the performance, security, or data handling of these third-party services.

3.7 Intellectual Property Rights
All intellectual property rights, including but not limited to trademarks, logos, designs, software, and proprietary technology associated with PropertyList.es, are the exclusive property of PropertyList.es or its licensors. Users are granted a limited, non-exclusive, non-transferable licence to access and use the platform in accordance with these Terms & Conditions. Any unauthorised use, reproduction, or distribution of PropertyList.es’s intellectual property is strictly prohibited and may result in legal action.

3.8 Third-Party Services & Liabilities
PropertyList.es is not responsible for any disruptions, errors, or issues arising from third-party services integrated with the platform, including but not limited to payment processors, CRM integrations, or MLS databases. Any claims arising from such services should be directed to the relevant third-party provider.

Section IV: Data Management, Privacy & Cybersecurity

4.1 Data Usage & Privacy
PropertyList.es is committed to protecting your data in compliance with the General Data Protection Regulation (GDPR) and our Privacy Policy. When a user closes their account, all personal data associated with that account will be permanently deleted from our systems immediately. Users may request a copy of their data before account closure. Inactive accounts may be removed after 3 months of no activity, with all associated data permanently deleted. For more details, please refer to our Privacy Policy.

4.2 Cybersecurity Measures
PropertyList.es employs state-of-the-art security protocols, including Cloudflare and other advanced measures, to protect user data. However, no system is entirely immune to risks, and absolute security cannot be guaranteed. Users are encouraged to take their own precautions to safeguard their accounts, such as using strong, unique passwords, enabling two-factor authentication where available, and regularly updating their login credentials. PropertyList.es is not liable for any unauthorised access or data breaches resulting from the user’s failure to adopt adequate security measures.
Users have the right to request corrections to any inaccurate or incomplete personal data held by PropertyList.es. To exercise this right, users may contact MLS Supoort. We will address any such requests in a timely manner.

4.3 Marketing & Email Communication
By registering on PropertyList.es, users consent to receiving marketing emails, platform updates, and service notifications. Users may opt out at any time through their account settings or by contacting support or clicking opt out on emails.

4.4 Data Retention & User Rights
Users have the right to request the deletion of their personal data at any time, subject to legal obligations to retain certain data. PropertyList.es will retain data only for as long as necessary to fulfil the purposes for which it was collected or as required by law, including a minimum period of 3 months after account closure, unless otherwise stipulated by applicable legal, regulatory, or contractual obligations.

Section V: Payment & Subscription Policy

5.1 Credit Purchases & Subscription Model
Credits purchased on PropertyList.es are non-transferable outside of the purchasing agency and may not be sold, exchanged, or shared between different agencies or accounts. However, within an agency, credits may be shared with other users who hold “Can Feature” or “Admin” privileges, allowing them to use the credits for approved platform features (e.g., lead generation, premium listings). Any attempt to transfer or resell credits outside of these permitted conditions will result in immediate account suspension.
The subscription model offers discounted credits for recurring purchases, subject to the terms outlined at the time of purchase.

5.2 No Refund Policy
All credit and subscription purchases are final. No refunds or exchanges will be granted under normal circumstances. However, in exceptional cases where PropertyList.es fails to deliver promised services (e.g., systemic platform errors preventing lead generation), users may request a review. PropertyList.es reserves the sole discretion to award credit refunds or compensatory credits. To qualify, users must submit a detailed request to MLS support within 14 days of the issue occurring.

5.3 Credit Expiration & Usage
Credits do not expire but can only be used for approved services within PropertyList.es.

5.4 Payment Methods & Pricing Changes
PropertyList.es reserves the right to update pricing for credits, subscriptions, or services. Users will be notified of pricing changes via email and through announcements on the Info Hub (info.propertylist.es) at least 30 days before changes take effect. Continued use of the platform after such notifications constitutes acceptance of the revised pricing. Accepted payment methods include major credit/debit cards and PayPal. PropertyList.es is not responsible for fees or currency conversion charges imposed by third-party payment processors.

5.5 Affiliate and Advertising Disclosures
Some content or listings on the platform may be sponsored, and PropertyList.es may engage in affiliate marketing programs. All users should be aware that certain content may be sponsored or affiliated with third-party services. These disclosures will be clearly indicated on the relevant listings.
PropertyList.es may provide links to third-party websites or services for the convenience of users. These links are provided solely as a reference, and PropertyList.es does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Users access third-party links at their own risk, and PropertyList.es shall not be liable for any damages or losses arising from such use.

Section VI: Lead Generation & Quality Control

6.1 Lead Allocation & Response Time
Members must respond to leads within 72 hours. Failure to do so will result in the lead being reallocated to a duplicate or similar property to ensure the best user experience. Repeated failures to respond may result in restricted access to lead generation features.

6.2 Lead Verification & Refunds
PropertyList.es verifies that public portal leads are not from estate agents. If a lead is confirmed to be from an agent, the credits used to obtain that lead will be refunded into your account.

Agents must report the lead within 72 hours of purchase to MLS Support.
The reported lead will be reviewed, and if applicable, credits will be refunded to the agent’s account immediately.
Refund decisions are final and at the sole discretion of PropertyList.es..

6.3 Handling Low-Quality Leads
A “low-quality lead” is defined as:

  • Leads from estate agents.
  • Invalid or non-functional contact information.
  • Accidental submissions where the lead has no genuine intent to engage.

Users may report low-quality leads to MLS Support, and complaints will be reviewed on a case-by-case basis.

PropertyList.es reserves the right to issue credit refunds or blacklist certain lead sources if repeated issues occur.

Section VII: Member Conduct & Ethics

7.1 Code of Conduct
Members must act professionally, ethically, and in compliance with legal standards. The following behaviors are strictly prohibited:

  • Spamming – Sending unsolicited messages, excessive promotions, or automated bulk messages to users.
  • Harassment – Engaging in abusive, threatening, or discriminatory behavior toward other users, leads, or PropertyList.es staff.
  • Misrepresentation of Properties – Providing false, misleading, or exaggerated information about property listings.
  • Posting Non-Direct Listings – Uploading listings without proper authorisation or attempting to list properties that are not directly under the member’s control.
  • Rude or Unprofessional Behaviour – Engaging in hostile or inappropriate conduct in interactions with clients, agents, or platform representatives.

Violations of this code may result in listing removal, account suspension, or permanent termination.

7.2 Reporting Violations
Violations of platform policies can be reported through the provided support channels.

7.3 Zero Tolerance & Account Termination
Illegal activities, fraudulent behavior, or violations of these terms will result in immediate account termination. PropertyList.es actively monitors accounts for fraudulent activities, including but not limited to:

  • Fake listings.
  • Unauthorised lead reselling.
  • Misrepresentation of properties.
  • Accounts found in violation may be permanently suspended without prior notice.

Appeal Process: If a user believes their account was wrongfully terminated, they may appeal the decision by contacting MLS Support. https://info.propertylist.es/docs/propertylist-mls-user-manual/additional-resources/mls-support/
Appeals will be reviewed on a case-by-case basis, and PropertyList.es retains sole discretion in determining the outcome.

7.4 Indemnity
The user agrees to indemnify, defend, and hold harmless PropertyList.es, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, and expenses (including legal fees) arising from the user’s breach of these Terms, misuse of the platform, or violation of any applicable laws.

Section VIII: Disclaimers & Limitations of Liability

8.1 Platform Availability & Uptime
PropertyList.es guarantees 99% uptime, but maintenance or technical issues may cause temporary disruptions. Users will be notified of planned maintenance or outages via email to ensure transparency and minimise inconvenience.

8.2 Liability Limitations
PropertyList.es is not liable for:

  • Errors, omissions, or inaccuracies in listings.
  • Unauthorised account access.
  • Business losses due to platform outages.
  • Any bugs, viruses, or malicious software.

Users agree to use the platform at their own risk and acknowledge that PropertyList.es does not guarantee uninterrupted service or error-free operation.

8.3 No Guarantee of Results
While PropertyList.es provides tools to generate leads, users are solely responsible for their business outcomes. The platform does not guarantee the quality, success, or financial return of any leads, transactions, or business interactions.

8.4 Force Majeure
PropertyList.es will not be held liable for any delays, failures, or disruptions in service due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, government actions, strikes, technological failures, or cyberattacks.

8.5 Changes to the Platform & Termination of Services
PropertyList.es reserves the right to modify, discontinue, or change any aspect of its services at any time without prior notice. Users will not receive compensation or credits if services are discontinued.
Exception: If a user has paid for a feature that is still ongoing and has not been fulfilled at the time of discontinuation, PropertyList.es will issue a prorated refund or credits at its sole discretion.

8.6 Limitation of Liability for Loss of Profit
PropertyList.es shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business profits, revenue, or data, even if PropertyList.es was advised of the possibility of such damages.

Section IX: Legal Provisions & Compliance

9.1 Jurisdiction & Governing Law
These Terms & Conditions are governed by Andalusian law, and legal matters will be handled in the courts of Benahavís, Málaga, Spain.

By using PropertyList.es, users waive their right to participate in any class-action lawsuits or collective legal actions against PropertyList.es. Any disputes must be resolved on an individual basis.

9.2 Compliance with Local, EU & International Regulations
Users agree to comply with all applicable local, EU, and international laws and regulations, including GDPR and the Digital Services Act (DSA).
Users are solely responsible for ensuring their own compliance with any legal requirements related to their real estate activities, including but not limited to data protection, fair housing laws, and consumer rights legislation. PropertyList.es accepts no liability for a user’s failure to adhere to legal obligations.

9.3 Licensing & Permits
Users must ensure they hold all necessary licences, permits, and tax registrations required to operate legally.
Upon request, users must provide proof of their latest tax payments, licences, or permits to verify their compliance. Failure to provide such documentation may result in account suspension or termination

9.4 Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms & Conditions or the use of PropertyList.es, users agree to first attempt to resolve the matter through good-faith negotiation or mediation. If the dispute cannot be resolved informally, users agree to submit to binding arbitration administered by a recognised arbitration body in Spain, in accordance with its rules. Arbitration shall take place in Benahavís, Málaga, Spain, and the language of arbitration shall be English. Users waive their right to pursue disputes through court proceedings, except for claims that qualify for small claims court

9.5 Right to Modify Terms
PropertyList.es reserves the right to modify, amend, or revise these Terms & Conditions at any time. Users will be notified of significant changes via email, and the updated Terms will be made available on the platform. Continued use of the platform after changes have been notified constitutes acceptance of the revised Terms.

9.6 Severability Clause
If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of PropertyList.es.

9.7 Entire Agreement Clause
These Terms & Conditions, together with any referenced policies (e.g., Privacy Policy), constitute the entire agreement between the user and PropertyList.es regarding the use of the platform. They supersede all prior agreements, understandings, or representations, whether written or oral, relating to the subject matter herein. Any amendments or modifications to these Terms & Conditions must be made in writing and agreed upon by both parties.

Section X: Contact & Support

10.1 Support & Communication
For inquiries, support, or reports, users may contact MLS Support here.
We aim to respond to all inquiries within 48 business working hours. Please note that response times may vary depending on the volume of requests and the complexity of the issue.

10.1.1 Escalation Process
If a user’s issue has not been resolved to their satisfaction, they may escalate the matter by contacting a senior representative of MLS Support or the PropertyList.es legal team for further resolution.

10.2 Transparency & Updates
PropertyList.es reserves the right to update these Terms & Conditions.
Users will be notified of significant changes via email, and an updated version of the Terms & Conditions will be made available on the PropertyList.es platform. It is the user’s responsibility to regularly check for updates to these Terms.