Terms and Conditions

These general conditions are applicable to all services provided by CuraBulaa B.V. (hereinafter referred to as 'CasaSearch'), based in Curacao (CoC/KvK 166816; CRIB/BTW 102693857), acting as Provider or Supplier of services to Buyer of any kind, hereinafter referred to as "Supplier".

CasaSearch is an independent platform that collects, structures and makes available data on properties for sale and rent in a well-functioning search engine. CasaSearch brings house seekers and housing providers together.

1. General

  1. In these general terms and conditions, "User" means the purchaser of the Service.
  2. The "Service" shall mean: all services provided by the Supplier, including the provision of online media, such as the CASASEARCH electronic bulletin board (hereinafter: the "Website"), on which the User can offer or search for accommodation; the provision of the Supplier's database; the sending of housing notifications at regular intervals; and the provision of news, tips, advice and other information. The Service expressly does not include mediation between Users.
  3. The parties may deviate from these general terms and conditions only in writing.
  4. If any provision of these general terms and conditions proves to be void or nullified, the remaining provisions shall apply in full. In that case, the parties will consult and agree on new provisions to replace the void or nullified provisions.
  5. Supplier reserves the right to amend or supplement these general terms and conditions. Continued use after the general terms and conditions have been amended or supplemented shall be deemed acceptance of the new general terms and conditions.

2. Service, subscription, prices and payment

  1. User has a choice of several variants of the Service offered by Supplier, the paid variant or the unpaid variant, when signing up.
  2. If the User uses the unpaid variant, restrictions may apply to the functionalities associated with the Service.
  3. The User will receive an email confirming registration after registration.
  4. Supplier reserves the right to refuse a submission without giving reasons.
  5. The Supplier shall never be liable for any compensation due to termination or dissolution as a result of an (impending) failure on the part of the User.

3. Paid Service

  1. The Supplier's paid Service is offered in the form of a subscription (a "Premium Account"). The subscription is valid for the duration of one month. If the agreement is not cancelled before the expiry of the term, the subscription will be extended by one month each time.
  2. If there are periodic payment obligations of the User, then the Supplier is entitled to adjust the applicable prices and rates at the time stated in the agreement. If the Agreement does not expressly provide for the Supplier to adjust the prices or rates, the Supplier shall always be entitled to adjust the applicable prices and rates in writing with due observance of a period of two months. If, in the latter case, the User does not wish to agree to the adjustment, the User shall be entitled, within fourteen days of notification of the adjustment, to terminate the Agreement in writing with effect from the date on which the new prices and/or rates would take effect.
  3. All prices are in the currency indicated and include Curaçao VAT of 6% and other government-imposed levies, unless specifically stated otherwise. Supplier will not accept payments in any currency other than that indicated. In the absence of a stated currency, all prices shall be in Euros. All offers or quotations regarding the Supplier's Service are without obligation and revocable until the moment the Supplier confirms electronically that the agreement with the User has been concluded.
  4. Amounts due will be invoiced by Supplier each month and collected through a payment provider by automatic collection. User authorizes Supplier through its payment handler (EasyAds BV) a payment provider (Stripe), to collect the amount automatically, unless otherwise agreed in writing. If the Customer fails to make the payments, the Supplier has the right to deny the User access to the Service.
  5. If a direct debit by the payment provider cannot take place for any reason, the User shall owe statutory interest. Part of a month shall be considered a full month. CasaSearch shall also be legally entitled, in the event that the User is in default, to charge the User for (extra-)judicial collection costs.
  6. User is not entitled to suspend any payment or to set off any amounts due. The fee is due even if User does not use the Service.
  7. Termination of the subscription can be done online through the account . The subscription does not end until after the expiration of the full one-month term.
  8. The Supplier is entitled to suspend the Service if the User has not fulfilled his payment obligations for three months, which includes blocking the User's account . The Supplier will only lift such a blockade when the User has fulfilled his payment obligations. If a blockage lasts longer than three months, the Supplier can remove the account .
  9. Supplier is entitled to transfer or pledge its claims to payment of fees to a third party.

5. Ads

  1. If User places an advertisement on the Website, he ensures the accuracy and completeness of the content of the advertisement placed by him. User guarantees that the offer corresponds to reality.

  2. The ad shall include at least: the address of the property, some photos and a description of the property, and contact information.

  3. By placing an ad, User gives Supplier permission to post the information on the Website.

  4. It is prohibited to place advertisements on the Website that include a dwelling where a User cannot or may not register at that address and/or to offer a dwelling where the User may register, but it is not the User's intention to occupy the object. All damages, including (administrative) fines, resulting from actions taken in violation of the previous sentence shall be borne by the User.

  5. Supplier reserves the right to change, refuse or remove the content of the advertisement, without creating any right to compensation for the other party. Supplier will change an advertisement when the content of the advertisement is contrary to provisions of these general terms and conditions or when the advertisement is too long. The Supplier may refuse or remove the advertisement if the advertisement is incorrect and/or incomplete, conflicts with these general terms and conditions, violates Curaçao laws and regulations, infringes on the rights of third parties, or if the advertisement cannot be confirmed within 24 hours of request.

  6. The Supplier's Website contains both ads from Users and ads from third-party websites. Advertisements from Users are removed after 4 weeks, if they have not been renewed for the same period. The Supplier strives to completely refresh the Website every 24 hours with advertisements originating from third-party websites, thus providing the Website with new housing offers. Already rented or sold properties will then be removed from the Website. The Supplier is not liable for damages resulting from properties that are no longer available, but nevertheless remain visible on the Website.

  7. Users warrant that they have permission from the holder(s) of intellectual property rights with respect to the text, images, videos, audio and other material they post on the Website. Users fully indemnify Supplier in advance of any possible claims by third parties arising in any way from or related to the information posted and the intellectual property rights related to that information. Supplier operates a Notice-and-Take-down procedure.

  8. Users, by placing ads, expressly give Supplier permission to place the ads on other platforms and websites as well. No additional compensation is payable by Supplier for this.

6. Account

  1. If User creates an account , User guarantees that the information provided regarding personal data, such as name and email address, is complete, truthful and correct. It is not permitted to create an account in a fictitious name or in another person's name. User agrees that Supplier stores User's data in connection with the management of the account. If User is a minor, the consent of User's parents or legal representative is required.
  2. User is solely responsible for maintaining the confidentiality of the login information, which expressly includes the password.
  3. The account is strictly personal and User shall not allow others to access the Service through the account. If third parties have used the account , User shall notify Supplier immediately. Until such time, the User himself is liable for all damages that may result from the unauthorized use by third parties, all except for force majeure to be proven by the User.
  4. Publishing an advertisement with the intention of MLM (Multilevel Marketing), is not permitted, unless otherwise agreed in writing with Supplier.

7. Liability

  1. Without prejudice to the other exclusions of liability included in these general terms and conditions, the Supplier's liability for direct damage suffered by the User as a result of an attributable failure of the Supplier to fulfill its obligations under the Agreement or these general terms and conditions, which expressly includes any unlawful act by the Supplier, its employees or third parties engaged by it, per event or a series of related events, shall not be liable.
  2. The Supplier is not liable for any compensation, regardless of the ground on which an action for compensation would be based. In particular, the Supplier shall not be liable for any losses other than financial losses and for indirect losses, including consequential losses, loss of profit, missed savings, loss of (business) data and losses due to business interruption. This exclusion of liability and the maximum amount referred to in the previous paragraph shall lapse if and insofar as the damage caused is the result of intent or gross negligence on the part of Supplier's executive staff.
  3. All exclusions and limitations of liability included in these general terms and conditions shall also apply for the benefit of all (legal) persons whose services the Supplier makes use of in the execution of the agreement and shall lapse if and insofar as the damage is the result of intent or conscious recklessness on the part of the Supplier's management.

8. Complaints

  1. A User who has a complaint with respect to the Service must make that complaint known to Supplier. In this context, a Notice-and-Take-Down procedure applies.
  2. Supplier shall respond within 14 days after receipt of the written complaint. If the complaint is justified, Supplier shall initiate all possible efforts to rectify the situation to the satisfaction of the complainant.
  3. Complaints, questions or comments relating to payment shall be addressed by User to CasaSearch digitally or in writing within fourteen days of collection. Complaints shall not entitle User to suspension of the payment obligation and/or refund of payments already made.

9. Privacy

  1. Supplier protects personal data according to Curaçao laws and regulations, and uses the data only in the context of the Service. Personal data will not be provided to third parties, except for payment data required for payment through a payment provider or other third party.
  2. Supplier may process data from use of the Service (logins, activity, etc.) anonymously and statistically to improve its Service and to conduct research.
  3. Supplier will also cooperate in providing personal data to third parties when necessary to comply with a legal obligation or court order.

10. Security

  1. The Supplier declares that it will do everything in its power to secure its systems against loss and/or against forms of unlawful use. This shall take into account, inter alia, the current state of the art in technology and the requirements of good workmanship associated therewith. The Supplier will take all appropriate technical and organizational measures to ensure the security of the Website.

11. Applicable law and disputes.

  1. The agreement is governed by Curaçao law.
  2. Information and communications on Supplier's Website are subject to programming and typographical errors. In the event of any inconsistency between the Website and the Agreement, the Agreement shall prevail.
  3. The log files and other (electronic) records of Supplier constitute full evidence of Supplier's statements, and the version of any (electronic) communication received or stored by Supplier shall be deemed authentic, subject to evidence to the contrary to be provided by User.
  4. The parties shall promptly notify each other of any changes in; name, mailing address, place of residence or business, e-mail address, telephone number and IBAN.

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