1. General
These Terms and Conditions (“Terms”) apply to the use of the Caribbean Listings online real estate platform (“CL”, “we” or “us”), including the placement and management of property advertisements, the use of accounts and the purchase of paid services.
Caribbean Listings starts on Bonaire and may expand its services to other Caribbean islands in the future.
Operator: C&N Enterprises b.v., trading as Caribbean Listings. Address: Kralendijk, Bonaire. Email: info@caribbean-listings.com. Registration number: 13590.
2. Definitions
- Account: the personal or business account through which a customer accesses CL services.
- Advertiser: a broker, real estate agency, developer or other professional property provider offering real estate through CL.
- Advertisement: any property presentation published through CL.
- CL platform: the website, applications, systems and other digital services of Caribbean Listings.
- Customer: the party entering into an agreement with CL for paid or other business services.
- User: every visitor to or user of the CL platform.
- Lead: a contact request or other expression of a user's interest in a property.
3. Applicability and acceptance
By using the CL platform, the user accepts these Terms insofar as they apply to that use.
For customers and advertisers, these Terms form part of the agreement with CL. Deviating arrangements are valid only when confirmed by CL in writing.
The Privacy Policy and Cookie Policy form part of CL's privacy and usage framework. Additional terms may apply to specific services.
4. Role of Caribbean Listings
CL is a digital real estate platform and is not a broker, buyer, seller, landlord or tenant unless expressly stated otherwise.
CL brings supply and demand together and may forward contact requests to the relevant advertiser. CL does not act as the advertiser's representative and does not conclude purchase, sale, rental or other real estate agreements on behalf of users.
An agreement concerning a property is concluded between the parties involved unless expressly agreed otherwise.
5. Property advertisements
Advertisers are fully responsible for the accuracy, currency and legality of the information they provide, including price, availability, location, property features, photographs, videos, floor plans and other claims.
CL may refuse, temporarily take offline or remove an advertisement when it is inaccurate, misleading, outdated, unlawful, contrary to these Terms or harmful to the operation or reputation of the platform.
6. Professional providers and brokers
CL is intended for professional property providers and affiliated brokers. An advertiser declares that it is authorised to represent or advertise the property offered.
An advertiser is responsible for complying with applicable laws and regulations and for the arrangements it makes with sellers, landlords, buyers and tenants.
7. FSBO
Caribbean Listings focuses on cooperation with professional property providers. CL does not permit private “For Sale By Owner” (FSBO) advertisements. An advertiser may not publish a private advertisement as a professional advertisement without being entitled to do so.
8. Advertisements from other businesses
The advertiser must ensure that submitted content complies with applicable laws and regulations and that it holds the necessary rights. CL is not responsible for the content of these advertisements and may refuse or remove advertisements that are inaccurate, misleading or unlawful.
Businesses offering products or services through CL other than real estate are fully responsible for the accuracy, currency and legality of the texts, images, prices, offers and other content they provide.
9. Leads and contact requests
A user may contact an advertiser through CL about a property. The information entered by the user in the form may be forwarded to the advertiser of that property.
CL cannot guarantee that an advertiser will respond within a particular period, that a property will remain available or that a request will be accepted.
Further communication and any transaction between the user and advertiser take place outside CL unless CL expressly provides an additional service.
10. Accounts
An account is required for certain services. The customer is responsible for accurate and current account information and for keeping login details confidential.
Unauthorised use must be reported to CL immediately. CL may temporarily block an account when necessary for security, investigation of misuse or compliance with these Terms.
11. Subscriptions and rates
Paid services are purchased at the price and under the conditions stated at the time of ordering or in the relevant quotation or agreement.
Rates may be shown in US dollars (USD) unless indicated otherwise. Applicable taxes, levies or bank/payment fees will be stated or, where legally required, charged separately.
The selected subscription determines the available features, number of properties and other limits.
12. Invoicing and payment
Invoices and subscription charges must be paid within the stated period. In the event of non-payment, CL may, after reasonable notice and insofar as legally permitted, restrict, suspend or terminate the relevant service.
Charges for a period during which the service was available are not automatically refunded when the customer does not use the service.
13. Duration, cancellation and termination
The duration and notice period of a subscription are determined by the selected subscription or agreement.
CL may terminate an agreement or suspend an account when the customer materially fails to perform, does not meet payment obligations, provides inaccurate information, misuses the platform, or violates the law or these Terms.
After termination, CL may remove the account and advertisements, subject to data that CL is legally required or permitted to retain.
14. Intellectual property
The software, design, trade name, logos, texts and other original elements of the CL platform are owned by CL or used with permission and may not be copied, distributed or commercially exploited without permission.
The advertiser retains rights to photographs, videos, texts, logos and other materials it supplies insofar as it owns those rights.
By supplying material to CL, the advertiser grants CL a non-exclusive right to use, reproduce, technically modify and publish that material for the performance and promotion of CL services.
15. Use of content and data
Advertisements, contact details, photographs, texts, property data or other platform content may not be systematically copied, scraped, collected, resold or used for a competing platform without CL's prior written permission.
Automated access, including scraping or bots, is permitted only with CL's prior approval.
16. Availability
CL aims to provide reliable availability but cannot guarantee uninterrupted or error-free operation.
CL may perform maintenance, updates, security work or technical changes that temporarily make the platform wholly or partly unavailable.
17. Content and responsibility
CL does not review advertisements in advance for every factual, legal or commercial aspect. Publication on CL does not mean that CL has approved a property's accuracy, quality, value, ownership position or legal status.
Users must conduct their own investigations and obtain appropriate professional or legal advice before entering into a real estate transaction.
18. Liability
To the extent permitted by law, CL is not liable for damage arising from inaccurate or incomplete information supplied by advertisers, the unavailability of a property, acts or omissions by users or advertisers, or agreements concluded between users and advertisers.
To the extent permitted by law, CL is not liable for indirect or consequential loss, lost revenue or lost transactions.
Nothing in these Terms excludes liability where exclusion is not permitted by law.
19. Indemnity
To the extent permitted by law, the advertiser indemnifies CL against third-party claims arising from content supplied by the advertiser, lack of authority to advertise a property, infringement of intellectual property rights or violation of applicable laws and regulations.
20. Privacy
CL processes personal data in accordance with the Caribbean Listings Privacy Policy. Additional privacy arrangements or a data processing agreement may apply to professional customers processing personal data on behalf of or for one another.
21. Misuse
The CL platform may not be used for fraud, phishing, deception, spam, unauthorised commercial approaches, illegal content, malware or circumvention of technical security measures.
Where misuse is suspected, CL may take appropriate measures, including removing content, blocking accounts and, where necessary, informing the competent authorities.
22. Amendments
CL may amend these Terms when its services, legislation or business operations change. The current version will be published on the website.
For existing customers with an active subscription, material changes will be announced appropriately where required by law.
23. Complaints
Complaints may be submitted to info@caribbean-listings.com. CL will try to deal with complaints within a reasonable period and resolve them where possible.
24. Governing law and competent court
To the extent permitted by law, these Terms and the agreement between CL and a business customer are governed by the laws of Bonaire and the Caribbean Netherlands.
Disputes will be submitted to the competent court in the Caribbean Netherlands unless mandatory law designates another competent court.
25. Contact
Caribbean Listings
Bonaire, Caribbean Netherlands
Email: info@caribbean-listings.com
Website: www.caribbean-listings.com