This section sets forth the general terms and conditions (hereinafter, the “General Terms and Conditions”) for the use of the content and services (hereinafter, the “Services”) of the website specified in clause 12 (hereinafter, the “Website”). The Website and the Services are provided by the company detailed in clause 12 (hereinafter, “GoldCoast”).
If you do not agree with the General Conditions, please leave the Website and refrain from using and/or contracting the Services offered. The use of the Website by the user shall be understood as full and unreserved acceptance of the General Conditions established herein.
Hereinafter, the terms “You” and “User” shall be used to refer to all natural and/or legal persons who for any reason access the Website, and who wish to browse the Website or contract the Services governed by these General Conditions.
1. ACCESS TO THE WEBSITE
1.1 Access to the Website
Access to and use of the Website does not require prior subscription or registration by the User. However, it is possible that the use of some of the Services offered through the Website may require the subscription or registration of the User and/or the payment of a fee. At any time, GoldCoast may give access to its Users to enter any of the portals operated by GoldCoast, by means of the access credentials (user and password) that they have created at the time to enter any of such portals.
1.2 Use of the Web Site
1.2.1 The User agrees to use the Web Site in accordance with these General Terms and Conditions, the applicable Mexican laws and the moral and good customs.
1.2.2 The User undertakes to refrain from using the Website for illicit, illegal or criminal purposes or effects, which are contrary to the provisions of these General Terms and Conditions, the Mexican legislation, harmful to the rights and interests of third parties (including clients of GoldCoast and the different Users of the Website), or that in any way may damage, render useless, overload or deteriorate the Website or prevent the normal use of the Website by the Users.
1.3 Website Content
1.3.1 The contents of this Web Site, such as text, information, graphics, images, logos, trademarks, computer programs, databases, designs, functional architecture and any other material (hereinafter, the “Content”) are protected by applicable laws, but without limitation, laws on copyright, patents, trademarks, utility models, industrial designs and domain names.
1.3.2 All Content is the property of GoldCoast and/or its affiliated, subsidiary or controlling companies and/or any other related companies and/or its content providers. The compilation, interconnection, operability and disposition of the contents of the Web Site is the exclusive property of GoldCoast and/or its related companies. The unauthorized use, adaptation, reproduction and/or commercialization of the Content may be punishable by applicable law.
1.3.3 You shall not copy, adapt or modify the programming code or programs developed by or on behalf of GoldCoast and/or any program used in the Web Site, for any reason or purpose, but especially to generate and operate its pages, which is protected by these General Conditions and the applicable and current legislation.
1.3.4. Through the Web Site, GoldCoast offers different Services to which it may apply different prices considering the characteristics of each one, using different criteria for its determination. The specific terms and conditions for the provision of each Service and the price of the same shall be those that GoldCoast publishes on the Web Site from time to time.
1.4 Permitted Use of the Website
1.4.1 General Rules: Users are prohibited from using the Website: (i) in a way that attempts to breach, breaches, or violates applicable laws; (ii) in a manner that infringes on third-party rights or violates confidentiality, honor, privacy, image, or other rights of third parties, including clients of GoldCoast; and/or (iii) to send emails without the express authorization of the data owner, including any type of communication, promotions, and/or advertising of products or services, SPAM, or political propaganda, in accordance with the applicable regulations.
1.4.2 Website Security Rules: Users are prohibited from violating or attempting to violate the security of the Website, including but not limited to: (i) accessing data not intended for such a user or logging into a server or account without authorization; (ii) testing or probing the vulnerability of a system or network, or breaching security or authentication measures without proper authorization; (iii) attempting to disrupt the Service for any user, host, or network, including, but not limited to, sending viruses to the Website or causing a denial-of-service attack; (iv) sending unsolicited emails, including promotions and/or advertisements for products or services; and/or (v) forging any TCP/IP packet header or any part of the header information in any email.
1.4.3 Violations of system or network security constitute criminal offenses and may result in civil liabilities. GoldCoast will investigate cases of system security violations and may contact the competent judicial or administrative authorities to pursue legal action against Users involved in such violations.
1.5 Prohibited Uses
1.5.1 The Website may only be used for lawful purposes, specifically for accessing information related to the Services available through it. GoldCoast expressly prohibits any use of the Website or Services for the following purposes:
(a) Posting incomplete, false, or inaccurate information.
(b) Registering more than one account for the same user.
(c) Using any mechanism to disrupt or attempt to disrupt the proper functioning of the Website or any activity conducted on it.
(d) Disclosing or sharing your username and/or password with third parties or using your password for unauthorized purposes.
(e) Using or attempting to use any machine, software, tool, agent, or other mechanism to navigate or search the Website other than the search tools provided by GoldCoast.
(f) Attempting to decipher, decompile, or obtain the source code of any software program from this Website.
1.5.2 GoldCoast reserves the right to suspend or remove any classified ad (free or paid), account, or User that, at its sole discretion, does not comply with applicable laws, the standards outlined in these General Terms, or the current policies of GoldCoast This action will not entitle the User to any compensation and will not result in liability or penalties for GoldCoast.
1.6 Communication Channels Available to Users
1.6.1 Users must use the available communication channels—such as chats - (hereinafter referred to as the "Channels")—in a responsible and appropriate manner, complying fully with applicable regulations.
1.6.2 The content of each message sent by the User through the Channels is the sole and exclusive responsibility of the User. GoldCoast does not guarantee the accuracy of personal data and/or content of messages made and/or published by the User in the Channels. The User voluntarily accepts that access to and/or use of the Channels is, in all cases, under their sole and exclusive responsibility.
1.6.3 GoldCoast reserves the right to temporarily or permanently suspend access to the Channels and/or Services, without prior notice, for any User who fails to comply with these General Terms or engages in actions that disrupt the proper functioning of the Services, Channels, and/or Website.
1.6.4 The User acknowledges and agrees that the following actions are strictly prohibited within the Channels and anywhere else on the Website:
(a) Using vulgar, obscene, discriminatory, and/or offensive language.
(b) Engaging in personal attacks on Users and/or third parties, including clients of GoldCoast, through harassment, threats, or insults.
(c) Performing acts contrary to the law, morality, and good practices.
(d) Posting messages, images, and hyperlinks that are offensive, defamatory, libelous, slanderous, false, discriminatory, pornographic, violent, insulting, threatening, incite unlawful conduct, endanger health, and/or violate the privacy of any third party. This includes direct or indirect violations of intellectual property rights of GoldCoast and/or third parties, including clients of GoldCoast
(e) Posting messages that could offend and/or affect the sensitivity of other Users and/or any third party, including clients of GoldCoast (f) Promoting, marketing, selling, publishing, and/or offering any type of products, services, and/or activities through the Channels unless expressly permitted by GoldCoast
(g) Selling or transferring, whether for a fee or free of charge, communication space within the Channels.
(h) Posting messages containing any form of advertising.
(i) Using or transmitting computer viruses, malware, spyware, ransomware, and/or performing any act that could cause damage or harm to the normal functioning of the Services, Channels, Website, or the computer equipment or software of GoldCoast and/or third parties, including clients of GoldCoast
(j) Performing acts aimed at masking and/or falsifying or concealing IP addresses, email addresses, and/or any other technical means of identifying Users or their devices.
(k) Violating the privacy of other Users or infringing upon their rights under the Federal Law on the Protection of Personal Data Held by Private Parties.
(l) Publishing personal data without the express consent of the data owner.
(m) Transmitting or disseminating material that violates the laws in force in the country and/or could offend the sensitivity of other Users and/or third parties, including clients of GoldCoast.
(n) Posting any type of content that violates the rights of third parties, including, but not limited to, intellectual and/or industrial property rights.
(o) Publishing classified ads (free or paid) for the rental and/or sale of real estate properties for illicit, illegal, or criminal purposes that contradict these General Terms, Mexican law, or harm the rights and interests of third parties.
(p) Publishing any type of content in violation of third-party rights (including clients of GoldCoast), including, but not limited to, intellectual and/or industrial property rights.
1.6.5 GoldCoast is not obligated to monitor the use of the Channels by Users. However GoldCoast reserves the right to refrain from publishing or to remove, after publication, any content proposed and/or posted by the User that, at the sole discretion of GoldCoast, do not strictly comply with these General Terms and/or are deemed inappropriate or unsuitable for the characteristics, purpose, and/or quality of the Services.
1.6.6 GoldCoast does not guarantee the availability or continuity of the Channels' operation.
1.6.7 GoldCoast is not responsible for the destruction, alteration, or deletion of the content or information that each User includes in their messages.
1.6.8 Each User is solely and exclusively responsible for their statements, comments, opinions, and any actions they carry out through the Channels.
2. USER'S PERSONAL DATA. REGISTRATION ON THE WEBSITE
2.1 When you register on the Website, you will be asked to provide GoldCoast with certain information including, but not limited to, your first and last name and a valid e-mail address (if applicable), among others.
2.2 GoldCoast reserves the right to offer you services and products from third parties based on the preferences you indicated at the time of registration or at any time thereafter; such offers may be made by GoldCoast directly by such third parties for which GoldCoast may share with such third parties the information provided by the User in accordance with GoldCoast’s Privacy Notice.
2.3 Please refer GoldCoast’s Privacy Notice published on the Web Site for details regarding the treatment of your Personal Data.
2.4 The User will be responsible for all uses of your account, whether authorized or unauthorized by you. You must immediately notify GoldCoast of any unauthorized use of your account or password.
2.5 The Users registered and/or using the Services of GoldCoast guarantee the truthfulness, accuracy, validity and authenticity of the information provided, and undertake to keep them duly updated, informing GoldCoast about any modification through the “Contact” section available in the main page of the Website.
2.6 The User authorizes that the personal information provided be shared with GoldCoast’s clients and third party allies and commercial collaborators referred to above.
2.7 GoldCoast reserves the right to contact, and send Communications to, Users by phone, email, WhatsApp, or other channels it has shared to communicate issues related to GoldCoast.
3. MINORS
3.1 The use of the Website and/or the Services offered through the same by persons lacking legal capacity to contract or minors according to the applicable legislation is prohibited. In the event that this occurs, minors or incapable persons must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the persons in their care.
3.2 The Web Site is a community in constant evolution that includes diverse users with different experiences and backgrounds. Although GoldCoast may monitor and take action on the inappropriate conduct of other users or third parties, on the Website or the access or use of any of the Services offered, including chat rooms and public forums, it is possible that at any time there may be language or other materials accessible on or through such that may be inappropriate for minors or offensive to other users. These Terms and Conditions outline standards of conduct for users, but GoldCoast cannot guarantee that other users will comply with them.
3.3 By accessing the Website and using the Services, the User confirms that he/she is of legal age.
4. RESPONSIBILITY OF THE USER
The User declares and accepts that the use of the Website, its Services and contents is made under his/her sole and exclusive responsibility and commercial risk.
In case a User detects a notice that, at its sole discretion, is misleading, fraudulent, incomplete, false and/or inaccurate, the User will have the obligation to report it to GoldCoast using any of the following problem reporting tools that, as a good business practice, GoldCoast has implemented, and in order to offer quality content on the Website.
Customer service e-mail - this tool consists of an e-mail answered by our customer service area, the User must send an e-mail detailing the problem with the respective notice. The e-mail - contact@casafeliz.com.
5. EXCLUSION OF WARRANTIES AND LIABILITY
5.1 Given the state of the art and the structure and operation of networks, the Website cannot confirm that each User is who he/she claims to be.
5.2 GoldCoast does not guarantee the availability and continuity of the operation of the Website and the Services offered. Not all Services and contents in general are available for all geographical areas. Likewise, GoldCoast does not guarantee the usefulness of the Web Site and the Services for the performance of any activity in particular, nor its infallibility and, in particular, although not exclusively, that the Users can effectively use the Web Site, access the different web pages that form the Web Site or those from which the Services are provided.
5.3 GoldCoast does not guarantee that the Web Site will work free of errors or that the Web Site and its server are free of computer viruses or other harmful mechanisms.
5.4 The Web Site and the Services are provided on an “as is” basis, without warranties of any kind.
5.5 GoldCoast does not guarantee the accuracy, truthfulness, completeness or updating of the contents, Services, software, texts, graphics and links.
5.6 In no event shall GoldCoast be liable for any damages including, but not limited to, direct and/or indirect damages, lost profits or damages resulting from the use or inability to use the Website, notwithstanding that GoldCoast has been advised of the possibility of such damages.
5.7 GoldCoast excludes any responsibility for damages of any nature that may be due to the actions of unauthorized third parties regarding the Users' Personal Data, as well as the Services offered on the Website.
5.8 GoldCoast is not responsible in any case for the misuse of the Website by advertisers through the publication of classified ads that are misleading, fraudulent, incomplete, false and/or inaccurate.
5.9 Any User who uses the Website and contracts the Services does so assuming all the risks involved. GoldCoast in no case guarantees that: (i) the advertiser Users are who they claim to be; (ii) the rights or legal interest that the advertiser Users have, or do not have, on the properties advertised; (iii) the sale or rent prices of the properties advertised, in any modality, in our platform, and does not assume any obligation to verify such information.
5.10 GoldCoast its directors, employees, shareholders or advisors, in no case write or are responsible for the content of the advertisement published by the Users.
5.11 GoldCoast expressly disclaims any warranty of merchantability, satisfactory quality, fitness for a particular purpose, peaceful use and enjoyment or non-infringement, as well as any express or implied warranty.
6. LINKS TO OTHER SITES
The Web Site contains links to other Internet sites. GoldCoast does not endorse the contents of these websites. GoldCoast is not responsible for the content or the services or products offered or provided by such third party websites and makes no representations regarding the content or accuracy of such third party websites. If you decide to access linked third party websites, you do so at your own risk.
7. ASSIGNMENT OR UNAUTHORIZED COMMERCIAL USE
7.1 You agree not to assign, in any way, your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of the Website.
7.2 You also agree to use the Website and the Services diligently and in accordance with applicable and applicable law and these Terms and Conditions.
8. CANCELLATION
8.1 GoldCoast has the right, but not the obligation, to issue warnings, temporary suspensions and permanent cancellations (deregistration) of registered Users for violations of these General Conditions, and/or any notice, rules of use and instructions made known to the User by GoldCoast.
8.2 Notwithstanding the above, GoldCoast reserves the right, at its sole discretion, to use all legal means, actions and resources at its disposal in case you violate any of these General Conditions.
8.3 Users may cancel the Services they have contracted at any time and at their sole discretion, and must give prior notice to GoldCoast. Notwithstanding the foregoing, they will not be entitled to any reimbursement for the contracted Services.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless GoldCoast and its affiliates and subsidiaries, and their respective directors, officers, employees, representatives, agents and advisors, against any charge, judicial or extrajudicial action, lawsuit of any nature, criminal complaint, claim or liability, penalty, fine or pecuniary sanction, of any nature and however denominated, arising out of or in any way related to (a) any breach of these General Conditions or Mexican law; (b) the falsity or incorrectness of any information, published by the User on the Website or on behalf of the User, including (but not limited to) in relation to the property(ies) advertised, the advertiser's ownership of the Property, its power to sell or lease it, the data provided by GoldCoast to create its account on the Website, and/or the content of any classified ad (whether free or at cost); and (c) any interaction with any other User or any third party. Such indemnification shall include but is not limited to reasonable attorneys' fees and costs incurred by GoldCoast in defending any suit or proceeding brought against you.
10. GENERAL
10.1 GoldCoast reserves the right to modify all or part of these General Conditions at any time, without prior notice or consent of the Applicant, and the Applicant shall not be entitled to any compensation or reimbursement for the contracted Services. The updated General Conditions will be published on the Website, being the obligation of the users to regularly review this section in order to be informed of any changes that may have occurred. The User accepts that the mere publication of the updated General Conditions by GoldCoast will have full validity as sufficient notification. Likewise, if the User persists in the use of the Services and/or the Website, it will be considered that You acknowledge that You understand and accept in an express, irrevocable and unconditional way the new General Conditions.
10.2 In the event that any of the clauses of these General Terms and Conditions are declared null and void, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.
10.3 These General Conditions, together with the General Contracting Terms and Conditions, the Privacy Notice and the particular conditions that may correspond to each Service, constitute the entire agreement between you and GoldCoast regarding the use of the Website and the contracting of the Services.
11. DURATION AND TERMINATION
The provision of the Service of the Web Site has an indefinite duration. Notwithstanding the foregoing, GoldCoast is authorized to terminate or suspend the provision of the Website Service and/or any of the Contents at any time.
12. LOCATION
12.1 MEXICO
12.1.1 GoldCoast refers to Gold Coast S.A. DE C.V.,
12.1.2 The Website is www.casafeliz.com or www.casafeliz.mx or www.casafeliz.com.mx or www.feliz.casa which provide services for the sale of advertising space for classified ads for the rental and/or sale of real estate properties.
12.1.3 These General Terms are governed by the laws of the United Mexican States. The User submits to the jurisdiction of the competent courts located in Mexico, expressly waiving any other venue and/or jurisdiction that might correspond due to their domicile.