Terms and Conditions
Last updated: 14 September 2022
Article 1. General
This website and online web application (hereafter referred to as the "Service" or "Services") are owned and operated by Properize BV, a limited liability company incorporated in the Netherlands, registered at the Dutch Chamber of Commerce with number 83790551, headquartered at Padualaan 8, 3584 CH Utrecht, the Netherlands, and its subsidiaries (hereafter referred to as "Properize", "we" or "us"). Properize conducts business in accordance with these Terms and Conditions of Use ("Terms and Conditions"). These Terms and Conditions apply to all Services, paid and free, that Properize offers.
We recommend that you read these Terms and Conditions carefully before using our Service.
Article 2. Important definitions
In these Terms and Conditions, "you" refers both to you as an individual and to the entity that you represent.
"Property" is a rental unit that is available for rental under a written agreement for a determined amount of time.
"Landlord" is an individual or organization who is the legal owner of a Property that is offered for rental.
"Tenant" is an individual who is seeking to rent a Property from a Landlord. Under specific circumstances, as required by the normal conduct of renting a Property, the definition of Tenant may include more than one single individual. This is, for example, the case in which two individuals intend to sign a rental agreement related to a Property jointly.
"User" is an individual who accesses, browses or in any way uses the Service to find, onboard or assess the eligibility of a Tenant for a Property.
Article 3. Applicability
By accessing or using this Service, you accept these Terms and Conditions in full and without reservation. You agree that any information you provide on this Service is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to Properties).
We may modify these Terms and Conditions in the future. In that event, Properize shall make commercially reasonable efforts to contact you about any material changes. Notwithstanding the above, your continued use of the Service after any changes to these Terms and Conditions will be deemed as having accepted our amended or updated Terms and Conditions. If you do not agree with this, please do not make any use of the Service.
If for any reason a court of competent jurisdiction finds any part of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Article 4. Disclaimers of warranty
Please note the following important disclaimers of warranties: the Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Users of the Service accept that the information displayed in the Service is accurate and that this information should be used for the purpose of dealing with a prospective Tenant. No advice or information, whether oral or written, obtained by you from Properize, shall create any warranty not expressly stated in these Terms and Conditions.
For the provision of our Service, we rely on information and data provided by a number of third parties. As this information and data come from third parties, Properize is unable to provide any guarantees of the accuracy of any information or data supplied on this Service. In other words, Properize does not warrant or represent that any content associated with or used in connection with the Service is factual or error-free. Properize reserves the right to correct any errors in the Service.
Properize does not warrant that the technical and functional aspects of the Service will be error-free, or that the Service will be constantly available, or that transmission of data to and from the Service will occur at minimum latency or that the servers that make the Service available are free of viruses or other harmful components.
Properize provides automatic Tenant acceptance decision guidance based on automatic rules and benchmarking against an anonymized Tenant database held by the Properize. Such guidance is provided under the 5-star rating system. No rights can be derived from this guidance. Properize does not endorse or recommend any particular Tenant, Landlord or Property.
Content that can be found on this Service, including content on our social media accounts or blogs, does not constitute legal advice and is supplied for information purposes only.
Article 5. Indemnification
You agree to indemnify and hold Properize and our affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your use of the Service, violation of these Terms and Conditions or any law or regulation and violation of any right of a third party.
Article 6. Limitation of liability
You expressly understand and agree that Properize shall not be liable for any direct, indirect, incidental, special, consequential damages or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) arising out of, or resulting from the use or the inability to use the Service, the use of any materials, user-generated content or other material on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service or any other matter relating to the Service.
In no event shall our total liability to you for all damages, losses and causes of action exceed two thousand euro (EUR 2,000). If you are dissatisfied with any portion of the Service, or with any of the articles in these Terms and Conditions, your sole and exclusive remedy is the discontinuation of your use of the Service.
If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
Article 7. Use of the Service by a User
Properize enables real estate agents and professional landlords to verify the identity and approximate personal income level of prospective tenants interested in renting a Property. We do this by connecting with the primary bank account of the Tenant via an Account Information API (PSD2) administered by our sub-contractors and associates. In addition, Properize may obtain personal data from credit reporting agencies, local authorities, accrediting bodies, associations and other organizations to obtain a complete overview of the trustworthiness of a Tenant.
Without limitation, you represent that all necessary consent has been obtained from a Landlord and other individuals as required for performing the Services. In addition, you represent that you are 18 years of age or older.
You agree that you shall not use any information a Tenant provides through the Service except for the sole purpose of evaluating the suitability of such Tenant in renting a Property. You shall not use the information acquired through the Service for any other purpose, and you shall not provide such information to any third party.
To use the Service, you must register an account first. You may not create more than one account per individual, and you may not access any account other than your own. Any passwords and other user authentication information should be treated as confidential information. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you are registered to the Service on behalf of a business, you represent to Properize that you have the authority to act on behalf of that business and that your acceptance of these Terms and Conditions will be treated as acceptance by that business. Properize will always ask for consent to use the name or logo of your business on any promotional material as a client of the Service.
Some of the tools and features provided by the Service may depend on collaboration from the Tenant. We cannot guarantee that a Tenant will truthfully complete any verification processes related to the Service. Therefore, Properize cannot be held responsible for the lack of compliance of a Tenant. We do operate a series of algorithms aimed at detecting fraud in submissions made by a Tenant.
A Tenant may refuse to provide consent to his or her primary bank to share transaction data with Properize. In that case, we will provide a voucher, credit or discount for the portion of the verification process that is not rendered by Properize due to the inability, or lack of willingness, of the Tenant to provide consent to share transaction data. Users may request a refund via email (firstname.lastname@example.org).
Users have the option to create and update information related to Properties and their business profile in a secured digital environment. By using the Service, you represent and warrant that any registration and personal information you submit is truthful and accurate and that your use of the Service does not violate any applicable law or regulation or any obligation, including without limitation any law or regulation in your geographical area.
In addition, you agree that you will not use the Service to distribute any illegal, obscene or otherwise harmful material; you agree that you will not do anything to interfere with other users' access to the Service and that you will not copy material from the Service without our permission. You expressly agree not to impersonate any person, entity or organization or otherwise misrepresent your affiliation with a person or entity, including Properize.
By accepting these Terms and Conditions, and continuing with the use of this Service, you are giving us and our sub-contractors and associates the authority to use the information supplied by you to provide the Service.
Article 8. Use of the Service by a Tenant
Our mission at Properize is to create trust among all participants in the real estate rental market. More specifically, we provide a digital solution to real estate agents and professional landlords to verify the identity and approximate personal income level of prospective tenants interested in renting a Property. This includes, but is not limited to, the financial capacity to afford the monthly rental payments based on the estimated personal income. Instead of sharing payslips and other sensitive information via unsecured platforms, the Service is intended to create a safe and secure environment for tenant onboarding without disclosing such personal information directly to the real estate agents or professional landlords.
By agreeing to our Terms and Conditions as a Tenant, you provide us with permission to conduct necessary checks to identify and assess credit history and anti-fraud measures related to you.
Any verification process may fail for genuine and/or uncontrollable circumstances, such as a newly built residence not having a registered address or a manual data entry error made by one of our sub-contractors or associates. Therefore, we cannot accept any responsibility for any failed verification process or any loss or damage thereto.
As a Tenant, there is no need to register an account. You may be requested to submit the necessary data to enable the provision of the Service. You may not provide false information during this process. Communication with Properize will take place primarily via e-mail unless otherwise stated.
We rely on local authorities, accrediting bodies, associations and other organizations to provide us with up-to-date information on Landlords, Properties and Users. We confirm all memberships, accreditations and licenses displayed on Properize with the relevant third parties at the time at which they are provided to us.
If you have any questions or complaints about the Service, please contact Properize via e-mail (email@example.com).
Article 9. User-generated content
Properize takes no responsibility and assumes no liability for any user-generated content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Properize does not endorse or warrant the accuracy of any user-generated content. Properize has no obligation to accept, display, review or maintain any user-generated content.
Article 10. Payment
Many tools and features of the Service are not offered free of charge. Such paid tools and features are identified with price tags in the Service. You agree to pay the price associated with the use of such tools and features within fifteen (15) calendar days. We may suspend or cancel your access to the Service if we do not receive such payment on time. Suspension or cancellation of your access to the Service for the reason of non-payment could result in loss of your user-generated content stored in the Service.
Payment shall be requested by submission of a business invoice via e-mail or any other preferred payment method indicated by the User. By providing Properize with a preferred payment method you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate.
A billing period is defined as a calendar month. Properize may change the price of any tools and features available via the Service at any time and will notify you by e-mail at least thirty (30) days before the price change.
You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable legal fees and other fees and costs in the event of default.
Article 11. Cancellation and refunds
Payment is non-refundable. When you use paid tools and features from the Service, you agree that we may begin to provide such paid tools and features immediately. You will not be entitled to a cancellation or "cooling off" period, except if the law requires a "cooling off" period.
If we make an error on your invoice, you must tell us within ninety (90) days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund.
Article 12. Termination
Properize may at any time terminate your account in its sole discretion, for breach by you of any of your representations, warranties or obligations under these Terms and Conditions.
Termination shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Article 13. Third party websites
You agree that Properize will not be responsible for any loss or damage of any sort relating to your dealings with such third party websites.
Article 14. Intellectual property rights
Properize owns the Service, including all worldwide intellectual property rights, trademarks and logos contained therein. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, sublicense, republish, reproduce, create derivative works of, transfer or sell the Service or any content appearing in the Service in whole or in part.
All trademarks are owned by their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo or trade name of Properize or any third party.
Article 15. Data Agency registration
We understand that providing information to anyone online involves a great deal of trust on your part. We take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us.
We adhere to terms set out in the General Data Protection Regulation ("GDPR"), as set by Algemene Verordening Gegevensbescherming, the Dutch implementation of GDPR.
Properize is registered with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) under the registration number FG013106. The Dutch Data Protection Authority is the supervisory authority for data protection in the Netherlands. It offers advice, promotes good practice, monitors breach reports, conducts audits and advisory visits, addresses complaints, monitors compliance and takes enforcement action if appropriate.
A Data Protection Officer ensures, in an independent manner, that an organization applies the laws protecting individuals' personal data. The Data Protection Officer at Properize is Eduardo Gonzalez and can be contacted via e-mail (firstname.lastname@example.org).
You can contact the Dutch Data Protection Authority for advice or to make a complaint at their website.
Article 16. Governing law
These Terms and Conditions and any renewal and/or modification thereof shall be governed by and construed in accordance with the laws of the Kingdom of the Netherlands. Any dispute or difference arising out of or in connection with these Terms and Conditions shall be the exclusive jurisdiction of the Dutch courts.