TERMS AND CONDITIONS OF REAL ESTATE MEDIATION SERVICES

REAL ESTATE MEDIATION

CLIKALIA PORTUGAL, UNIPESSOAL LIMITADA, VAT number 516650971, holds AMI license no. 24187, issued by the Portuguese Institute of Public Markets, Real Estate, and Construction (IMPIC). To guarantee liability arising from its professional activity, CLIKALIA has entered into a mandatory civil liability insurance contract in the amount of €150,000.00, policy no. 207339831, through the insurer Allianz Portugal.

The real estate mediation activity carried out by CLIKALIA consists of searching, on behalf of its clients, for parties to carry out transactions aimed at the establishment or acquisition of real rights over real estate, as well as the exchange, transfer, or leasing of such properties, or the assignment of positions in contracts concerning real estate.

CLIKALIA also carries out the following activities:
a) Prospecting and gathering information aimed at identifying the real estate desired by clients;
b) Promoting the real estate on which clients intend to carry out legal transactions, namely through dissemination or advertising, or by organizing auctions.

The terms of the contract between the property owner and the buyer/tenant may vary according to their mutual agreement.

SPECIFIC TERMS OF THE REAL ESTATE MEDIATION CONTRACT:

A) SCOPE OF THE CONTRACT:

These terms apply to the real estate mediation services provided by CLIKALIA. The mentioned services are intended for an audience over 18 years of age.

• A real estate mediation contract will be signed for the purchase and sale of one or more properties, especially intended for residential use.
• CLIKALIA shall, under no circumstances, be obliged to accept to provide services requested by a third party.
• Upon signing the Real Estate Mediation Contract, CLIKALIA undertakes to make efforts to find an interested party for the Purchase/Transfer/Lease/Assignment of Position (as requested by the client), at the price stipulated in the respective contract, carrying out promotion and information-gathering activities regarding the intended transaction and the characteristics of the respective properties.
• CLIKALIA undertakes to promote the property using the means it considers most appropriate, based on the arrangements agreed upon by the parties in the contract. The property owner shall allow visits to the property by potential buyers accompanied by the intermediary, as well as the carrying out of photographic documentation.
• The selling price of the property shall be indicated by the property owner, who will specify a minimum price or an acceptable minimum price range for the sale.
• Any change to the price set in the contract must be communicated in writing immediately by the client to CLIKALIA.
• The client engages CLIKALIA under an exclusive arrangement.
• Under applicable law, when the contract is entered into on an exclusive basis, only the contracted mediator has the right to promote the transaction covered by the mediation contract during its term. The agreed remuneration is also due to the mediator in cases where the transaction specified in the mediation contract was under an exclusive arrangement and does not materialize due to reasons attributable to the property owner or tenant/transferee of the property. 
  Accordingly, the property owner shall not entrust real estate mediation to any other company or real estate mediator. Likewise, the owner undertakes not to promote or offer the property independently, nor accept real estate mediation from any other company, mediator, or of any other type. 
  If the property owner fails to comply with this condition and initiates or carries out sales procedures outside of CLIKALIA, the property owner shall pay CLIKALIA the agreed remuneration, increased by 50%, as compensation.
• Remuneration shall only be due if CLIKALIA secures an interested party who completes the transaction covered by the respective contract, in accordance with the terms and exceptions provided in Article 19 of Law No. 15/2013, of February 8.
   
• The client undertakes to pay CLIKALIA, as remuneration, an amount of 4% calculated on the price at which the transaction is effectively completed, plus the applicable VAT at the legal rate in force, with such amount not being less than €6,000.00 (six thousand euros), and payment shall be due upon the signing of the preliminary contract.
• If a preliminary purchase and sale agreement is not signed between the parties, the owner shall pay the fees at the time of execution of the final purchase and sale deed.
• In the case of leases, the client undertakes to pay CLIKALIA, as remuneration, an amount equivalent to two months’ rent plus VAT at the applicable legal rate, with payment due upon the signing of the lease agreement.
• When the client is a potential buyer or tenant, CLIKALIA, provided that this is expressly stated in the respective real estate mediation contract, may charge amounts as an advance on the agreed remuneration, which must be refunded to the client if the transaction does not materialize.
• CLIKALIA’s right to remuneration, which is payable by the property owner under a mediation contract, is not affected by the exercise of a legal preemption right on the said property.
• Payment of the due remuneration shall be made to the bank account with IBAN PT50 0018 0003 5521 3615 020 54, held by CLIKALIA PORTUGAL, UNIPESSOAL LIMITADA.
• The real estate mediation contract shall have a duration of six (6) months from the date of its execution, and shall automatically renew for successive periods of the same length, unless terminated by either contracting party through a registered letter with acknowledgment of receipt or another equivalent means, with a minimum notice of 10 days prior to its expiration.
• The right to receive fees shall also arise if the sale of the property is carried out as a result of CLIKALIA’s negotiations, even if it occurs within the first year after the termination of the respective contract. This period may be extended in cases of fraud or bad faith by the client, or if the transaction does not materialize due to reasons attributable to the client.
• Any amounts received from the parties to a transaction mediated by CLIKALIA, even if as payment for the property, that are entrusted to CLIKALIA before the execution of the transaction or the respective preliminary contract, shall be considered held in trust by CLIKALIA and must be returned immediately to the person who provided them, as soon as requested.
• The property owner must provide CLIKALIA with the following updated information regarding the essential characteristics of the property covered by the contract:
• The owner shall provide CLIKALIA with the following information and property details:
  1) Cadastral and registration identification of the property, including reference to any charges, encumbrances, or restrictions of any kind;
  2) Amount of the ordinary and extraordinary condominium fees, including, if applicable, expenses, fund provisions, total amount, and due dates;
  3) Property occupancy/license permit;
  4) Usable and built area of the dwelling (distinguishing between private and common areas);
  5)Age of the building and, if applicable, details of major renovations or interventions carried out;
  6) Services and facilities available in the property, both individual and common;
  7) Occupancy status;
  8) Presence of a garage and/or storage room;.
  9) Accessibility conditions of the property and the building; as well as any other relevant information for the lease/sale/transfer of the property, including aspects of territorial, urban planning, physical-technical, heritage protection, or administrative nature related to it.
• The property owner shall cooperate with CLIKALIA in providing all elements deemed necessary and useful within 5 (five) days from the date of signing the Mediation Contract, namely floor plans, property tax booklet, property certificate, deeds or registrations, occupancy/license permit, or other relevant documents.
• The property owner also undertakes to comply with all legal and regulatory provisions arising from the Energy Certification System, namely the obligation to ensure, within the required terms and deadlines, the issuance of the respective Energy Certificate for the property covered by the mediation contract (if applicable).
• The property owner also undertakes to comply with the rules regarding the Housing Technical File, in accordance with the provisions of Decree-Law No. 68/2004 of March 25, within the required terms and deadlines (if applicable).

A) PREVENTION AND COMBATING OF MONEY LAUNDERING AND TERRORIST FINANCING

• The Client, within the scope of the applicable legal provisions of a preventive and repressive nature for combating money laundering and terrorist financing, and in relation to all acts and transactions covered by the signed mediation agreement, undertakes to cooperate by providing relevant information to CLIKALIA, namely regarding the identity of the contracting parties, their representatives, or their beneficial owners, if applicable, proof of payment of the transactions, identification of the source of funds, and the submission of any other documentation deemed essential for the Mediator to comply with the obligations arising from Law No. 83/2017, of 18 August, and IMPIC Regulation No. 603/2021, of 2 July. 
  The Client shall refrain from entering into or in any way participating in any transactions which, within the scope of their professional activity, result in the violation of the limits on the use of cash set out in Article 63-E of the General Tax Law, approved by Decree-Law No. 398/98 of 17 December, as amended by Law No. 92/2017 of 22 August, and in accordance with Article 10 of Law No. 83/2017 of 18 August.

A) CONSUMER RIGHT OF WITHDRAWAL:

We inform the Client that, if considered a consumer, they have the right to withdraw from the contract within 14 days after its signing, without the need to justify their decision and without any penalty, except for amounts/costs established under the legislation protecting the rights of consumers and users.

B) LIMITATION OF LIABILITY

CLIKALIA acts solely as a mediator between the parties interested in buying and selling, facilitating the preliminary procedures prior to the formalization of the transaction, but in no case shall it be held responsible for any breaches or obligations that legally and contractually fall upon these parties, namely the BUYER and the SELLER, without prejudice to its right to the remuneration agreed with the Parties.

C) PERSONAL DATA PROTECTION

Pursuant to Regulation (EU) 2016/679 of 27 April, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), and Law No. 58/2019 of 8 August, which ensures the implementation of this Regulation in national law, we inform you that the personal data obtained through this document will be processed by CLIKALIA PORTUGAL UNIPESSOAL LIMITADA, VAT number 516650971, Postal Address: Rua Mouzinho da Silveira, No. 10, 8th floor, 1250-167 Lisbon, Phone: +351 210 204 481, Email: dpo@clikalia.com, for the purpose of providing real estate mediation services under the terms of the respective contract, and for sending quality surveys to improve our products and/or services as part of the continuous improvement process.

We will also use your data to send information from the CLIKALIA GROUP regarding products and services related to the real estate mediation contract. If you do not wish to receive this type of information, please tick the box:

I do not consent   ⃣  

• We inform you of the existence of advertising opt-out systems aimed at preventing the sending of commercial communications (Opt-Out List). The list of these systems is managed by the Portuguese Association of Direct and Digital Marketing (AMD), under the supervision of the CNPD, and is available at Registo na Lista de Oposição - Consumidores — AMD;
  
  We will retain your data for as long as the contractual relationship is maintained and no request for its deletion is made, and, once the relationship has ended, for the period strictly necessary to ensure compliance with the corresponding legal obligations. The legitimacy for processing your data is based on the execution of the mediation contract and on the legitimate interest in defending the interests of the parties in the event of disputes arising from the contract.
  The processing of your data for the purposes of service management and quality monitoring, or for commercial purposes, may be carried out based on the legitimate interest of the data controller, who needs to be aware of any incidents or areas requiring improvement, with the aim of ensuring and optimizing their quality system.
  Furthermore, we inform you that we will disclose only the data strictly necessary to other third-party entities (notaries, public administration, banking institutions, among others), provided that such disclosure is deemed necessary or useful for the execution of the Contract. If this disclosure is not made, it will not be possible to provide the contracted service.
  In addition, personal data will be communicated to other companies within the Clikalia Group for internal administrative purposes and to authorities in cases provided for by law. You can consult the companies within the Clikalia Group at https://clikalia.pt/legal/aviso-legal.
• The data controller informs that, for its management, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries with legislation that is not comparable, which implies possible international data transfers. You can consult information about possible international transfers via email: dpo@clikalia.com. These international transfers are necessary for the provision of the requested services.
• CLIKALIA provides an ethical channel for third parties. The data of the person submitting the report, as well as of the affected employees and third parties, will be processed to assess the appropriateness of initiating an investigation into the reported facts and, if deemed necessary, for the corresponding investigation. This information will be retained in this system for a period not exceeding THREE months. After this period, information included in the investigations may be retained outside the channel for as long as necessary to protect the interests of the channel owner and may be disclosed to judicial authorities or law enforcement if justified.

A) JURISDICTION AND APPLICABLE LAW

• The Mediation Contract entered into between the Parties shall be governed by Portuguese law.
• Pursuant to Article 18 of Law No. 144/2015 of 8 September, as amended, in the event of a dispute or dissatisfaction with the service provided, the Second Party(ies) may resort to the Arbitration Center of the Universidade Autónoma de Lisboa, whose website is https://arbitragem.autonoma.pt, to which the Mediator is a member..
• The provisions of the preceding paragraph do not deprive the consumer of the right to submit the dispute for the review and decision of a judicial court.

A) INTELLECTUAL PROPERTY

The intellectual property resulting from the executed contract belongs to CLIKALIA PORTUGAL, UNIPESSOAL LIMITADA, and it may use images, photographs, and other elements derived from or related to this contract for any purposes it deems appropriate. The Client will not acquire any rights over the creations subject to intellectual property arising from this contract, and any unauthorized use constitutes a violation of CLIKALIA’s rights.

In any case, whether for selling or buying, renting, or executing a sales order, the buyer, seller, or lessee accepts and declares that they have read and understood the terms and conditions set forth above.

TERMS AND CONDITIONS – WEBSITE USE

A) RIGHT OF USE

Users have the right to view their personalized data on their own screen, as well as to print it. However, such data may not be used for commercial purposes, for the creation of a database, or for industrial exploitation.

Any actions aimed at interrupting or hindering the operation of the website clikalia.pt are prohibited. Furthermore, without written authorization, it is not permitted to extract or reuse our offerings. The use of data extraction or collection programs without CLIKALIA’s permission is not allowed. Integration or linking to our service is not permitted without our express consent.
The user grants clikalia.pt a free, unlimited right to reuse online and offline the content submitted to clikalia.pt, as well as the data of their property and the photos taken and related to its assessment.

The presentation and operation of the service may vary depending on the type of access, for example, via the Internet or mobile applications.
The right to use the service and its features depends on the technological capabilities available at the time. 

B) WARRANTY

Clikalia.pt does not provide any warranty for technical errors, in particular regarding the constant and uninterrupted availability of the website or the correct reproduction of content entered by the user.

In case of unavailability of the service, you may contact our Customer Support at the email address: ola@clikalia.com.

C) SECURITY

CLIKALIA informs users that the website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all aimed at preventing unauthorized access to data.

To achieve these objectives, the user/client agrees that the service provider may collect data for the purpose of corresponding authentication and access control.

D) LIMITATION OF LIABILITY

It is not possible to guarantee that the service offered will always be available and error-free. Access to clikalia.pt may occasionally be interrupted or restricted due to maintenance tasks or the introduction of new services and features. clikalia.pt will attempt to limit the frequency and duration of such interruptions.

Consequently, the use of online content is at the user’s own responsibility and risk. During the use of our website and services, clikalia.pt will be liable for damages caused intentionally or by gross negligence of clikalia.pt, or through its legal representatives, employees, or agents.

E) PERSONAL DATA PROTECTION

The protection of personal data and the privacy of users on our website is a core concern for the CLIKALIA group. Therefore, we ensure our compliance with the legal requirements established by current data protection regulations. For more information, please refer to the CLIKALIA Privacy Policy.

The personal information collected through our service will be strictly necessary for the provision of the service. This includes, for example, the user’s email address, phone number, and data related to their property. The user will enter this information through our online form.

We use this information, as necessary, to provide our services to the user. Electronic communications for self-promotional purposes not related to notifications expressly linked to the service requested by the user will be sent only with the user’s prior consent, by ticking the corresponding box.

You can cancel your email address and phone number at any time without incurring any additional costs beyond standard rates. You may send us an email at dpo@clikalia.com

with the keyword “cancel.”

F) INTELLECTUAL AND INDUSTRIAL PROPERTY

All trademarks, logos, texts, images, and other content on our website are subject to copyright. By using our website, the user does not acquire the right to subsequently use this information. Modification, processing, and use in any media are strictly prohibited. Any other use is only possible with the prior written consent of clikalia.pt.

Unauthorized use of our information, as well as of third-party logos or registered trademarks appearing on our website, infringes our rights or the rights of third parties and is therefore not permitted.

G) INVALIDITY

If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. This provision may be replaced by other valid and enforceable provisions that come as close as possible to the intended economic purpose.

H) JURISDICTION AND APPLICABLE LAW

Any entity within the CLIKALIA group may take civil or criminal action provided by law in the event of misuse of the web domain. Any disputes arising in connection with this Domain and/or these Terms and Conditions shall be governed exclusively by Portuguese law and submitted to the competent courts of Lisbon.

The user accepts and declares that they have read and understood the terms and conditions set forth above..