FIRST. General Information
These terms and conditions govern access to and general use (hereinafter, the "Legal Terms and Conditions") of the web software "F4RE" (hereinafter, the "software"), which Fantastic 4 Real Estate, S.L. (hereinafter "F4RE") makes available to individuals who use the software, register with it, and use its services (hereinafter, "Users or Clients" or, in singular, "User or Client"), as well as the website https://werentclub.com (hereinafter the "Website") through the support authorized by F4RE.
F4RE is the owner and proprietor of the software, the Website, the trademark, and all intellectual and industrial property rights associated with it, as well as all the elements of the business that F4RE will carry out through the Website. Fantastic 4 Real Estate, S.L., is domiciled at c/ Artesa de Segre 12 - 1A, 28035 - Madrid, and is provided with CIF number B13668959. The contact email of Fantastic 4 Real Estate, S.L. is: info@werentclub.com.
In compliance with the provisions of the Law on Information Society Services and Electronic Commerce, users/clients are provided with the following general information about this website:
Owner: Fantastic 4 Real Estate, S.L., Registered Office: c/ Artesa de Segre 12 - 1A, 28035 – Madrid. Registry Data: Madrid Mercantile Registry, Volume 45162, Book 0, Folio 75, Sheet M794708. Tax Identification Code: B13668959. Contact: info@werentclub.com.
SECOND. Purpose
The software and/or Website have been created by F4RE to offer a tool that facilitates Users' access, through its website and/or software, to a wide range of services, including, but not limited to, the management of rental and/or property real estate, the management of tenants interested in renting a property, the selection and validation of identity and documents attached to the rental information request, the creation and digital signing of lease agreements, the management of incidents in the property, the management of services specific to the property (water, electricity, gas, etc.), direct chat communication with the owner and/or tenant of the property, access to a scoring system for the selection of tenants of real estate, the grouping and management of properties by Real Estate Agents and/or property management companies, the publication of rental offers for real estate and the management associated with the rental contract, the payment of bonds to Public Bodies, access to a common file of problematic tenants, access to tenant and owner valuations, etc.
Some of these Services may be offered by different providers, mostly configured by real estate portals, real estate agents, Public Administrations, other owners or tenants, among others (hereinafter, "Providers" or "Provider"), the purpose of the software being the intermediation between Users and the different Providers by providing them with a real estate management tool for both tenants, private owners, liberal professionals and/or companies specialized in the real estate sector.
Access to and use of the Software and/or Website necessarily implies full submission, understanding, and acceptance of the Legal Terms and Conditions included herein and/or published at all times when the User accesses the Software and/or Website.
Any modification of these Terms and Conditions will be communicated to the User at the time of connecting to the Software and/or Website, so that the User can accept and give their consent to the modifications made.
These general contracting conditions will become part of the contract at the time of acceptance thereof, which will be verified by clicking on the corresponding button "I have read and accept the legal terms and conditions", if applicable, in the case of electronic contracting, both parties waive conventional signature, which will be replaced by the written justification of the contract executed, in the terms established in the General Contracting Conditions.
The contract will be effective, will have full effects, and will generate the obligation, on the part of the Company, to provide the service of access to the platform to the User/Client, from the moment the payment is made under the conditions agreed with the supplier. The gratuity of any of the services offered by F4RE will not imply in any case the non-existence or ineffectiveness of the contract and will predetermine, in the same way, the full submission to these Terms and Conditions of Use.
THIRD. Registration
In order to use the Software and/or Website, users will need prior registration in a file owned by F4RE. To carry out the correct registration in the Software and/or Website, the User may register as follows: The User of this platform may register by means of automatic access from Google or Microsoft or by means of a data registration in which the User will enter, as minimum and mandatory content, their email and access key. Once the registration procedure has been completed, the User will have a user identification code and an access key, which are totally personal and non-transferable, assigned solely and expressly to the User, who will be responsible to F4RE and to third parties for the correct use, non-transmission, and non-disclosure to third natural and/or legal persons who are not said User.
Likewise, F4RE reserves the right to reject any registration request whose content does not comply with the purposes of the Software and/or Website.
FOURTH. Services
To access and acquire certain Services that the Software and/or Website makes available to Users, it will be required as a condition to be over eighteen (18) years old and to be in full faculties. Acceptance of this condition will occur at the time of registration in the Software or if it is necessary to use data through the Website. Likewise, the acquisition of certain Services through the Software and/or Website by the User will imply, where appropriate, a manifestation of their majority. Likewise, the User will have the possibility to cancel or unsubscribe from the purchased Service, by giving notice with a minimum of thirty (30) days in advance. However, some available Services may have a cancellation and/or unsubscribe policy different from the one established, in which case it will be communicated within the service contracted. In the absence of communication, the established period will be thirty (30) days.
Any type of payment made by the User through the Software and/or Website will be directed to the bank account designated by F4RE for this purpose, owned by it. Likewise, it is informed that F4RE may offer third-party services and/or Providers through the software and/or Website that may be invoiced and/or paid directly to the bank account designated for this purpose by those third parties without F4RE having any responsibility in the operation. In the latter case, F4RE undertakes to inform the User of these conditions.
Any doubt or claim regarding the purchase, cancellation, and acquisition process of the Services acquired through the Software and/or Website will be addressed to the email account info@werentclub.com, in which case F4RE undertakes to respond to the User or potential User within a maximum period of ten (10) working days.
The Company undertakes to provide the Service object of this contract under the conditions set forth below:
The COMPANY undertakes that all data transfers made through its URLs will be made under Secure Server; so that the information is transmitted encrypted and is inaccessible to anyone else. Both parties expressly undertake to retain all information exchanged between them, whether through the COMPANY's URL or through e-mail, as evidence of the transactions carried out.
The COMPANY undertakes to keep the service in operation uninterruptedly, except in cases of force majeure or reasons beyond the will and/or control of FANTASTIC 4 REAL ESTATE, S.L. Specifically, the following will be considered for the purposes of this contract, enumerative and not exhaustive: failures, defects, or deficiencies in the server or in the data transmission network. Likewise, the COMPANY may interrupt its services for technical, security and/or maintenance reasons of the computer systems, in which case, it will be notified to the Users with a minimum period of 24 hours.
FIFTH. Duration of the contract
The contract will enter into force once the USER activates their profile and links a lease contract or a profile of an owner for management through the platform and will last until the moment the Client i) is not linked to any property or owner to manage through the platform ii) communicates the withdrawal from the system with a minimum notice of thirty (30) days.
SIXTH. Intellectual and Industrial Property
F4RE is the owner –or legitimate assignee– of all intellectual and industrial property rights of the Software and/or Website, as well as all the elements contained therein, including but not limited to: texts, designs, images, audio, databases, structure, program and/or computer applications, graphic contents of any kind, trademarks, logos, trade names, and distinctive signs, etc. All rights are reserved. Any form of exploitation, including all types of reproduction, distribution, transfer to third parties, public communication and transformation, by any type of support and medium, in whole or in part of the aforementioned works, creations and distinctive signs is prohibited without the prior and express authorization of their respective holders. Failure to comply with this prohibition may constitute an offense punishable by current legislation. However, the User may download or make a copy of such elements exclusively for their personal use, provided that they do not infringe any of F4RE's intellectual or industrial property rights. In particular, they may not alter, modify, or delete them either totally or partially. In no case, shall this imply an authorization or license on the rights owned by F4RE.
SEVENTH. Privacy Policy
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation, hereinafter GDPR, the User is informed that the use by him/her of the Software and/or Website or Platform will require the communication of personal data. This personal data will be incorporated into a file owned by F4RE, duly registered with the Spanish Data Protection Agency, for the purpose of identifying Users to give them access to the Software and/or Website, as well as to send them commercial information and advertising about the Services offered. In this regard, the User states that the information and data provided are accurate, current and truthful. Likewise, the User manifests with his acceptance of these Legal Terms and Conditions his consent to the personal data transmitted to F4RE can be communicated to the Providers in order to identify the Users for the correct provision of the Services, as well as the possibility of informing the Users of news and commercial promotions within the framework of the commercial activity of the Provider and exclusively for the fulfillment of purposes directly related to the legitimate functions of F4RE and the Provider. In this sense, the User may withdraw his consent, as well as exercise his right of cancellation, opposition or rectification of such communication at any time, through the procedure described in the following paragraph. Users may exercise their rights of access, rectification, cancellation, and opposition provided for in the Organic Law on Protection of Personal Data, by written communication addressed to F4RE, at the address c/ Artesa de Segre 12 - 1A, 28035 – Madrid, or by email addressed to info@werentclub.com. In both cases, the interested User must accompany a copy of his national identity document, passport or other valid document that identifies him. Likewise, the User is requested to inform F4RE of any modification of his data so that the information contained in our files is always updated and does not contain errors. Additionally, F4RE will not be responsible for the privacy policy regarding the personal data that, if any, Users may provide to third parties through the links that may be available on the Software and/or Website. F4RE will not be responsible for the content of the websites that the User may access through the links established on the Software and/or Website and declares that it will not examine or exercise any type of control over the content of other sites on the network. Likewise, there is certain non-personal and non-identifiable information about a User that is collected during the live session, collected with the intention of improving the management of the website and facilitating the User's navigation, and which is not permanently recorded on the device through which the User connects to the Software and/or Website. Finally, we inform you that F4RE will treat your data at all times absolutely confidentially and keeping the obligatory duty of secrecy regarding them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organizational measures that guarantee the security of your data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.
EIGHTH. Automated processing of personal data.
I authorize the processing of my personal data in the terms set forth below, knowing that the mere acceptance of the contract authorizes the processing necessary for the provision of the service.
The data we collect is as follows, without limitation to which we may ask you for more:
- If you are a tenant or potential tenant: Full name, telephone, email, address, ID/NIE/passport, bank account/s, net monthly income, date of seniority, employment situation, termination date, employment situation, if applicable, payslips, work history.
If you are a self-employed worker: income tax return, type of tenant (guarantor or tenant) and rental amount.
- If you are the owner of a property: Full name, Phone, Email, Address, ID/NIE/passport, Bank account, Exact address of the property (Country, Province, City, Postal Code, Neighborhood, District, Polygon, Acronym, Address, Number, Block, Staircase, Floor, Door) Year of construction, Useful surface, Built surface. Surface of the land. Photographs. Number of rooms, Number of Bathrooms, Description of the Kitchen, Appliances, Type of floor, Supply status, Community cost, Other expenses, Habitability certificate. Energy certificate. Cadastre reference housing. Cadastre reference parking, storage room, if applicable Simple note/Property deed. Monthly rent and contract duration. Water, electricity, and gas meter readings. Last invoices, supplies, water, electricity, and gas. Last IBI receipt. Inventory of the property, Electrical bulletin (CIE), and, if it is a property in Catalonia, also the Recognition bulletin of electrical installations (BRIE).
- If you are a company or professional: Full name or company name. Phone. Email. Address. ID/NIE/passport/CIF. Bank account, Number of collegiate administration of estates or property agent (API).
NINTH. Applicable law and jurisdiction.
The provision of the Services object of this Contract will be governed by Spanish legislation. THE COMPANY and the Client, with express waiver of any other jurisdiction, submit to the Courts and Tribunals of Madrid for any dispute that may arise from the provision of the services object of these General Conditions and the contract entered into between them.
TENTH. Contact addresses and communications
All notifications, requirements, requests, and other communications that the User wishes to make to F4RE must be made in writing and it will be understood that they have been correctly made when they have been received at the following address: c/ Artesa de Segre 12 - 1A, 28035 – Madrid. The communication to the User will be made through the email address provided during the registration process in the Software and/or Website, which in turn, the User may modify through the section enabled for it in the Software and/or Website.
ELEVENTH. Null and void clause
All the clauses or extremes of this contract must be interpreted independently and autonomously, not being affected the rest of the stipulations in case one of them has been declared null and void by a firm resolution dictated by the Court or competent administrative body. The clause or clauses affected will be replaced by another or others that preserve the effects pursued by the parties.
TWELFTH. Finality
This contract is entered into freely, voluntarily and without any type of pressure. The User acknowledges that he/she has read, understood and accepted all the clauses set forth in this contract.
THIRTEENTH. Confirmation of acceptance of terms and conditions
The User declares that he/she has read, understood and accepts the terms and conditions set forth herein, committing to comply with all the obligations derived from them. The User acknowledges that he/she has been provided with sufficient information to contract with full knowledge of the conditions, and consequently, accepts the terms and conditions set forth herein. In the case of not being satisfied with the content of the present, the User will refrain from accessing the Software and/or Website.
