Mynido.es (“Mynido”) Terms
1. These Terms
1.1 Please read these terms and conditions (“Terms”) carefully, they are a legal document and grant rights and responsibilities to users of the Mynido.es website (“the Site”). You can print them or store them on your computer for later reference. By your continued use of the Site you agree to be bound by these Terms.
1.3 If after reading these Terms you do not agree to be bound by them please exit the Site immediately.
2. About us
“2.1 The Site is provided byMynido.es (“us/we”), our registered office is Centro Commercial Parque Mijas, Office 15
Calle Rio Darro, 29640 Las Lagunas de Mijas, Málaga, Spain “
3. Use of the site
3.1 You may not cause any nuisance, annoyance or inconvenience to Mynido, Mynido’s customers or users of the Site. You agree to indemnify Mynido against any costs, claims, expenses or legal proceedings that may be taken as a result of your use of the Site.
3.2 You agree that you are responsible for the security and use of any passwords and user names to be used in accessing the Site. You agree to take all reasonable steps to protect and keep secure those passwords and usernames. If you fail to do so you will be held responsible for any unauthorised use of your passwords and usernames and any damage or loss that may arise as a result
3.3 You agree that you will not use the Site or any facility provided by Mynido to send, receive, distribute, store, or otherwise deal with any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound.
3.4 You agree not to use the Site in any way that may be connected with the distribution of multiple unsolicited emails.
3.5 You agree to indemnify Mynido against any costs, claims, expenses or legal proceedings that may be taken as a result of breach of any of the Terms & Conditions contained in these Terms. Further, Mynido may at any time withdraw any access privileges that you may have to the Site or any other services or areas provided by them, if you are in contravention of any of the Terms or Conditions contained herein.
3.6 As the selling customer, you will verify information displayed by Mynido in relation to your property and will advise Mynido of any inaccuracies. Any material changes which may affect a property’s description post instruction must be informed to Mynido by you, the selling customer.
3.7 You allow a member of the Mynido team access to the property being placed for sale in order to confirm the accuracy of both valuation and descriptions.
3.8 All agreed fees and charges will be confirmed in writing, following your instructions to market your property. Any fees owed to Mynido will become due on agreeing to display the property and are due within 7 calendar days from issue of invoice. Any additional plans or services purchased from Mynido must be done so prior to the service happening and payment must be made prior to the service occuring or within 7 days of invoice, in the event of non payment Mynido reserves the right to withdraw or not action the requested service.
4. Pre-Approval of property listings
4.1 Mynido will review and pre-approve any property listing proposed for publication on the Site before publishing. The listing may be rejected on the grounds that its content is a breach of these Terms, that the property so advertised is located outside of our “List of acceptable Postcodes” or any other grounds solely at Mynido’s discretion.
4.2 If at any time you make changes to the material which Mynido has previously approved in such a way as that material would not have received pre-approval Mynido reserves the right to remove your material from the Site without obligation to refund any monies.
4.3 For vendors wishing to sell a property in Spain, they are legally obliged to provide a Energy Efficiency Certificate prior to the property being marketed. This report needs to be produced by an independent provider, and therefore Mynido can have no role in producing this documentation. It is the vendor’s responsibility to produce this document, and Mynido are not responsible for any consequences of advertising or selling a home prior to this certificate being produced.
5.1 It remains your responsibility to maintain the contact details you have provided to us. Failure to do so will be a breach of these Terms. If we cannot contact you within 10 working days of any attempt to do so we reserve the right to remove your advertisement from the Site without Notice to you or any third party
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors, which may be withheld without reason.
6.7 As the owner of the property, you agree to take full responsibility for the accuracy of the property particulars and hereby indemnify us against any costs, claims, expenses or legal proceedings that may arise as a result.
6.8 Except as expressly authorised by us you agree not to copy, download, adapt, modify, rent, lease, loan sell distribute or create derivative works of any material contained in or content of the Site in whole or in part.
7. Our liability
7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4 This does not affect our liability for death or personal injury arising from our negligence, nor any other liability that cannot be excluded or limited under applicable law.
7.5 Mynido will offer its selling clients and prospective purchasers additional services such as but not limited to mortgages, insurances, pensions and investments and conveyancing from which Mynido may derive a commission.
8. Reliance on information posted
8.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
8.2 Mynido does not make any representation or warranty as to whether any property advertised (“the Property”) on the Site is
– Free of encumbrances or charges, burdened by any easements or restrictive covenants or any other unexpired right
– Held legally or beneficially by the party so holding out
– That any property listing to that effect is a statement of fact
– Not subject to any planning orders or compulsory purchase orders, or any other statutory or non-statutory conditions which may adversely affect the value of any property advertised on the Site or the right of transfer of any individual holding out their right to transfer the Property
– Is otherwise accurately described
8.3 You should make any checks or searches or take any relevant steps that may reveal faults in title or suitability of the property for your purposes and seek independent legal and surveying advice prior to any purchase of property.
9. No Offer
9.1 The property listings placed on the Site do not constitute any part of an offer or contract. It is the responsibility of the individuals concerned to make offers for purchase or sale and to conduct any relevant negotiations. Where applicable, Mynido will receive offers on behalf of the vendor and therefore could be actively involved in sales negotiation, if requested. There may be an additional fee for this service.
10. Correspondence and general management
10.1 The Mynido team are committed to assist with correspondence between all buyers and sellers.
11. Viruses, hacking and other offences
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
11.2 By breaching this provision, you would commit a criminal offence.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. Our site changes regularly
12.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
12.2 We reserve the right to remove from the Site any material for any reason without notice to you or any third parties at our sole discretion. We accept no liability for loss or damage as a result of any such removal
13. Links from our site
13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Uploading material to our site
14.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with these Terms. You warrant that any such contribution does not contain any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound, and you indemnify us for any breach of that warranty.
14.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any statutory provisions or is in any other way illegal.
14.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
14.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms.
15. Internet Access
15.1 Mynido will not accept any liability for loss or damage which arises from your accessing of the internet. You access the internet at your own risk and are bound by the laws of any relevant jurisdiction. Any loss which you suffer as a result of interrupted access or inability to access the internet shall not be the responsibility of Mynido.
16. Jurisdiction and applicable law
17.2 Mynido will not accept any variation of the Terms by you unless agreed in writing. Mynido is under no obligation to agree to such a variation and may withhold it at their sole discretion.
18.1 Notices may be served by post to our Registered Office as detailed above.
18.2 Mynido may serve notice on you by post or by email. Notice shall be effective from the date of posting or the date of sending by email.
19. Duration and Termination
19.1 These Terms bind you immediately, your use of the Site is acceptance of them, they may only be terminated if;
– You breach any of the terms and conditions contained herein
– Mynido terminates them by written Notice served by either email or post giving 21 days notice.
– You issue Notice in writing by post to Mynidoof your wish to terminate the contractual arrangement between Mynido and yourself, settle any outstanding fees and giving 21 days notice.
20. Statutory Rights
20.1 Nothing contained in these Terms affects your statutory rights.
21.1 Payment will only be accepted by credit or debit card payable through an online system provided or authorised by Mynido. Charges may be suspended at any time by Mynido at their sole discretion for a period at their sole discretion. Please refer to our present scale of charges
Confidentiality, Privacy & Data Protection
Mynido.es (‘Mynido’) is the ‘Controller’ for data protection purposes. This means that Mynido collects and holds your information and decides what it will be used for.
Mynido keeps your information confidential and will not disclose it to third parties unless disclosure is:
Authorised by you;
Necessary as part of the estate agency services Mynido is providing to you (performance of a contract);
Required by law or Mynido’s professional rules;
Necessary for the purposes of Mynido’s legitimate interests or those of a third party (in other words, Mynido has a compelling justification for the disclosure); or
Necessary to protect your vital interests or those of another person i.e. to protect a life.
Mynido uses your information primarily to provide estate agency services to you. Mynido also uses your information for: accounting and billing purposes; to comply with legal and regulatory obligations, and to manage its business effectively. Mynido may also send you information about its services or events that it thinks may be of interest to you. You will be given an option to opt-out of receiving these communications.
Mynido may work with other professionals such as solicitors, surveyors, mortgage brokers etc. to progress your property matter, and may need to disclose relevant information about you to them in order to provide their services to you. Please contact Mynido if you have any queries about this.
Sometimes Mynido outsources part of its work to other people or companies to improve efficiency in its services and your customer experience. For example, Mynido outsources property photography. Mynido will always carry out due diligence and obtain confidentiality agreements from such outsourced providers. If you would like more information about Mynido’s outsourcing arrangements, please contact Mynido.
Mynido may correspond with you by email if you provide Mynido with an email address, unless you advise us in writing that you do not wish Mynido to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and Mynido is entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. Please be aware that Mynido may monitor and read any email correspondence travelling between you and any mail recipient at Mynido as part of its monitoring activities to ensure compliance with its Information Management & Security Policy.
Mynido will aim to communicate with you by such method as you request. More often than not this will be in writing but may be by telephone if it is appropriate.
Where you provide Mynido with fax or email addresses for sending material to, you are responsible for ensuring that your arrangements are sufficiently secure and confidential to protect your interests. You must tell Mynido if this method of communication is not secure so that Mynido can use an alternative method.
The Internet is not secure and there are risks if you send sensitive information in this manner or you ask Mynido to do so. Please be aware that the data Mynido sends by email is not routinely encrypted.
Mynido will take reasonable steps to protect the integrity of its computer systems by screening for viruses on email sent or received. Mynido expects you to do the same for your computer systems.
It is very unlikely that Mynido will change its bank account details during the course of your matter. In any event, Mynido will never contact you by email to tell you that its details have changed. If you receive any communications purporting to be from Mynido, that you deem suspicious or have any concerns about (however slight), please contact Mynido by telephone straightaway.
Once your matter has concluded, Mynido will hold your records on its record management systems for at least 6 years from the date that the matter is closed in line with Mynido’s retention periods. After that period has elapsed, Mynido will delete your records from its electronic systems. Once that has happened, your records will no longer be available.
If you are an individual, you have the following rights under the General Data Protection Regulation (GDPR):
Right to access personal data – you can request details from Mynido of the personal data that Mynido holds about you;
Right to object to processing – you can tell Mynido that you want it to stop processing your personal data;
Right to object to automated individual decision-making including profiling – you can object to Mynido making decisions about you solely by using a computer system without any human consideration. Mynido does not currently do this;
Right to rectification – you can ask Mynido to correct personal data that it holds about you because you believe it is inaccurate;
Right to erasure – you can ask Mynido to delete the personal data that it holds about you;
Right to restrict processing – you can tell Mynido that you only want it to use your personal data for a specific reason.
Please note that the rights described above are not absolute rights (they are not rights that will be automatically granted), as Mynido has to consider whether there are any reasons why it cannot meet your request. For example, Mynido will not be able to delete data that it is legally obliged to keep. Mynido will let you know if it is not able to meet your request and the reason why (where it is appropriate to disclose this information to you).
Please note that where you provide consent to Mynido using your personal data, you are entitled to withdraw that consent at any time. You can do this by informing your sales agent or contacting Mynido’s designated Data Protection Manager.
Mynido has appointed Adrian Garrow as its Data Protection Manager and you can contact him to discuss any data protection related issues or queries at firstname.lastname@example.org
22 Feedback, comments and complaints
22.1 We’re always striving to improve and welcome any feedback or general comments you may have about our services.
Competition Terms and Conditions
1.The competition to “Sell your home for free” is open only to person 18 years old and above.
2.Mynido will advertise your home for free for 6 months on their own website.
3.The free element applies to the “Essential” plan only.
4.Advertising on the portals is limited to those available at the time and Mynido are under no obligation to advertise anywhere other than their own website
5.Competition winners must upload their own details onto the portal and Mynido will give assistance where required to do this
6.The sale of your property is not guaranteed and is depend on many things such as market conditions and your pricing of the property.
7.All enquiries on your property will be passed to you and must be contacted by yourself.
8.Mynido will not charge any commission on the sale of your property.
9.The sale of your property is at your discretion and Mynido will not have any involvement or influence in the sale of your property.
10.After 6 months you will be given the option to remain on the website advertising your property but you must pay the relevant fee to do so.
Thank you for visiting our website.