Terms of ServiceTerms of Service

Last updated on April 2024

Welcome to Luso Homes’ Terms of Service.

These Terms of Service apply to any visitors of the Luso Homes website - as defined below - who are only able to browse, search and view properties without the ability to publish or advertise properties.

Please read them carefully.

1. Introduction, General Information and Acceptance of Terms:

Luso Homes is a real estate portal (hereinafter referred to as "Luso Homes" or "we"/”us”), property of Luso Digital Assets, Unipessoal, Lda. (hereinafter referred to as “Luso” or “LDA”), and created for the purpose of connecting the real estate world and the crypto world.

Luso Homes provides these Terms of Service for Visitors (hereinafter referred to as the " Terms of Service") that govern:

• The access and navigation under the domain www.luso.homes and its respective subdomains or mobile applications, owned by LDA under the brand “Luso Homes” (hereinafter the "Website").
• The download and use of any information, text, images, or other content that Visitors can access from the Website.

By accessing and using our Website, you agree to comply with and to be bound by the following Terms of Service.

Our Website, hosted under the domain www.luso.homes and its subdomains, contains a technological platform that we provide so you can:

• Browse, search and view real estate ads being advertised on the Website (hereinafter the "Services"); and
• Create an account and publish real estate ads for the sale of properties in both euros and cryptocurrency (hereinafter the "Additional Services").

As stated before, these Terms of Service will only apply to the visitors (hereinafter the “Visitors”) using the Services – i.e., who can browse, search and view real estate ads being advertised on the Website.

For the users (hereinafter “Users”) that will use the Services and the Additional Services, other terms are applicable, namely the Terms of Use, that can be found here: Terms of Use

Luso Homes is a real estate platform, with a non-profit intent, that merely facilitates contact between Users offering the property, those seeking properties to purchase, and other entities that can assist them in this transaction.

Luso Homes would also like to clarify that:

• It does not intervene in real estate transactions that may arise from the aforementioned contacts between sellers, buyers, and third parties.
• Is not a real estate agency, does not have a profit-making purpose, and is not engaged in buying and selling properties.

Luso Homes is a product of Luso Digital Assets, with the latter being the owner of this Website, with the following company details:

• Corporate name: Luso Digital Assets, Unipessoal Lda.
• Unique company registration and tax identification number (NIPC): 515979600
• Registered office: Rua Princesa D. Amélia, n.º 20 L, 9000-019 Funchal, Portugal
• Luso Digital Assets is not a brokerage company and does not advertise properties in its own name. 

The Visitor can get in touch at any time by postal mail to the address mentioned above, or through the website https://www.lusodigitalassets.com/.

2. Access to the Website and General Conditions of the Services

Before using Luso Homes’s Services, Visitors must read and agree with these Terms of Service. The use of any of Luso Homes' Services implies the Visitor's full and express adherence and acceptance of all of the Terms of Service.

By accepting the Terms of Service, Visitors also agree to the following:

• Compliance with the laws of the Portuguese Republic;
• Not to use Luso Homes' Services for illicit activities; and
• Not to interfere with or disrupt networks connected to the Services and Additional Services.

If, at any time and for any reason, Visitors do not wish to accept the Terms of Service, they must stop visiting Luso Homes' Website.

Luso Homes reserves itself the right to expand, modify, replace, and/or cancel any of its Services at any time, as well as to modify the present Terms of Service. Therefore, whenever Visitors access the real estate portal, they should review the present Terms of Service.

2.1 Registration or User’s Accounts

Accessing Luso Homes’s Website as a Visitor and using the Services will not require a registration on a dedicated platform.

Other services – namely the Additional Services – may be subject to the user's prior registration – or "onboarding" – on a dedicated platform. In such cases, the person using the services is not considered a Visitor, but a User of the Luso Homes’ Services and Additional Services and the relationship with those are regulated by the terms of service applicable to the users that can be found here: Terms of Use.

2.2 Usage Restrictions and Visitors’ Responsibility and Liability

Luso Homes’ Visitors undertake and assume full responsibility:

• Not to use the Website and its Services for illicit purposes or in contradiction with these Terms of Service.
• To use the Website only for personal, non-profit purposes and not for reselling, transferring, or providing for the use or benefit of any other person or entity.
• Not to use, transfer, distribute, or dispose of the information included in the Services in a way that could unfairly compete with Luso Homes or with Luso Digital Assets.
• To acknowledge that the Services have been developed, compiled, prepared, reviewed, selected, and fully conceived as a product of Luso Digital Assets.
• To protect the Luso Homes’ and Luso Digital Assets’ copyrights during and after the validity of this agreement.
• To comply with all written requests made by Luso Homes, Luso Digital Assets or its suppliers regarding the Services, to protect their contractual, statutory, and legal rights.
• To inform Luso Homes, in writing and in a timely manner, if they become aware of any unauthorized use of the Services and Additional Services by third parties or violations of copyright or trademarks.
• Not to copy, reproduce, recompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, import, create derivative works, transmit, or exploit parts of the Website, except for importing content from the Services and/or making a copy for their personal non-profit use, always acknowledging all copyrights.
• Not to modify the content obtained through the Website.

Visitors are not authorized to use the copyrights, Services, and trademarks of Luso Digital Assets – specifically the product "Luso Homes" – or third parties in a way that creates the impression that such marks, services, or rights belong to them, are associated with them, or are used with the authorization of Luso Digital Assets or their (other) rightful owners.

Visitors also acknowledge that they do not have any ownership rights over these Services and trademarks.

In the event of non-compliance with the present Terms of Service, we reserve ourselves the right to unilaterally and at our sole discretion, without prior notice, cancel the access to our Website of any Visitor, without any compensation to the respective Visitor, in any case.

Additionally, if Visitors improperly and/or unlawfully use the Website and/or the Services, particularly by directly or indirectly violating the Terms of Service, they will be held accountable before Luso Digital Assets and/or judicially for any damage or harm caused.

Visitors agree to promptly inform Luso Digital Assets, through the Luso Homes Website or otherwise, whenever they know of any unauthorized use of the Website or become aware of a violation of Luso Digital Assets’ or third parties’ right, or if there is any use contrary to the Terms of Service.

3. Property listings and related services

3.1 Property Listings

As a Visitor, you can use the Services and explore property listings provided by real estate agencies and agents. You also may contact the real estate agents or agencies through the contact information contained in the listings.

Please, keep in mind that the accuracy of information is the responsibility of the listing agency or agent.

Luso Digital Assets, as the owner of Luso Homes, waivers any and all kinds of responsibility for the accuracy of the information contained in the properties’ listings – namely but not limited to: the characteristics, state of conservation and availability of the property, the price, the agent/agency contact information, the availability of the seller to carry out the sale totally or partially in cryptocurrency, among others. 

3.2 Services offered by LDA and currency conversion in crypto transactions

Although this platform does not have a profitable purpose, through the same, Luso Digital Assets advertises its services to intermediate real estate transactions in which the purchaser wishes to pay the price in cryptocurrency but the seller wishes to receive it in euros (hereinafter the “LDA Services”).

These LDA Services are mere option, meaning that if a purchaser sees a property, in the Luso Homes’ Website, and wishes to buy it in euros, nothing prevents it. Nevertheless, and as per the Partnership Agreement, if the Agency enables the sale to be carried out in crypto and euros, the LDA Services must be used.

Regarding the amounts displayed in the Luso Homes Website, we utilize the Kraken Exchange Platform as the foundational reference for real-time cryptocurrency prices in euros. These values are updated every 5 (five) seconds.

Also, the values that are reflected in the property listings will reflect the EURO price plus 0,5 % fee, and EUR/CRYPTO base price + 0,5 % fee – which is the fee Luso Digital Assets will charge if it is chosen to trade the property using LDA Services do intermediate it.

Property prices are displayed in euros and other currencies – namely cryptocurrencies – for informational purposes only. Any currency conversion services are not provided on this platform.

If you wish to seek kind of services in these matters, please refer to Luso Digital Asset’s website.

Also, for further information regarding the LDA Services and its respective procedures, kindly refer to the Terms of Use or contact Luso Digital Assets at support@lusodigitalassets.com.

4. Anti-Fraud Measures

To prevent a fraudulent use of the Services and of the Additional Services, Luso Homes has developed a procedure to verify, to the best of its ability, the integrity and accuracy of the information published in the properties’ listings.

Therefore, although we cannot guarantee absolute truthfulness of the information, Luso Homes only publishes listing after the real estate agent submits some of the property’s documents. This documentation is reviewed by the Luso Digital Assets’ Compliance Department, the owner of this real estate portal. The listing only proceeds if they have no reason to suspect the veracity of the analyzed documentation.

Luso Homes will make every effort to investigate all occurrences of fraud that may be reported to us by the Visitors, and in such cases, the User (the agent or agency) must cooperate in conducting the investigation.

By using the Services, Visitors acknowledge and accept that Luso Homes and LDA will not be liable, in any way, for direct or indirect losses and damages related to the fraudulent use of its Services, including but not limited to:

• Loss of income or profits;
• Loss of business; and
• Loss of benefits or contracts.

Luso Homes reserves the right to implement any other anti-fraud measures it deems appropriate or necessary at any time.

5. Intellectual Property

By accepting these Terms of Service, Visitors acknowledge and agree that – except when stated otherwise – all rights to the materials and elements appearing on the Website (including, but not limited to, designs, texts, graphics, maps, photographs, images, audio, video, distinctive signs, logos, trademarks, trade names, domains, software, etc.) belong to Luso Digital Assets, as the owner of Luso Homes, or in some cases, to third parties who have legally consented to their use by LDA.

All content on property details or listings is owned by the respective listing agencies/agents – and when they do not own this content, they are expressly authorized do share it in their clients’ behalf. Visitors may not use, reproduce, or distribute content without permission.

The fact that we and the agents/agencies allow Visitors to access, navigate, use, and/or download materials from the Website does not, under any circumstances, imply that we and the agents/agencies waive, transfer, or assign our rights, nor does it grant users ownership over them. Visitors only have a right of strictly personal and private use, solely for the purpose of enjoying the Services.

Therefore, Visitors may not manipulate any identification element of Luso Homes or other respective owners. In particular, the use of any material or elements from the Website for inclusion on other third-party website and/or app, is prohibited without obtaining our prior written authorization, as well as using any element or information to create the impression that they belong to or are associated with the Visitor.

Specifically, it is not allowed to resell, perform deep-links, use, copy, monitor, display, download, store, or reproduce the content, information, software, products, or services available on our Website for any commercial or competitive activity without our prior written authorization.

6. Personal Data and Privacy Policy

For the purposes of compliance with the provisions of the General Data Protection Regulation, Luso Homes informs users of the existence of a Privacy Policy specifically tailored to the reality of this real estate service.

Luso Homes’ Privacy Policy clearly and concisely describes Luso Homes' obligations in this area, the rights of our Visitors and Users, and the purposes of processing personal data. It governs the collection, use and storage of data, which are handled in agreement with the Portuguese and European Laws, namely the GDPR.

By using the Website, you agree to the terms outlined in our Privacy Policy.

For further information regarding this topic, please read our Privacy Policy here

7. Responsibility for the content and content moderation

Although the real estate agencies/agents are responsible for the content of the properties’ listings, the rest of the content of the Website is of Luso Digital Assets’ responsibility, as the owner of Luso Homes.

The Website’s content is provided in a “as is” manner and we do not guarantee, explicitly or implicitly, that the elements are suitable for a specific purpose or particular use.

Also, we do not guarantee that the services available on the Website are compatible with Visitor’s hardware or software, nor that they are free from errors, viruses, worms, or trojan horses (trojans), and assumes no responsibility for damages or losses caused by these destructive elements.

The content of other websites, goods, or advertising ads that may be linked to the Website are not managed or controlled by Luso Homes or Luso Digital Assets, and therefore we cannot be held responsible for its availability, content, or accuracy.

Visitors are encouraged to report content for review by using the designated button within property listings.

Should the content requiring reporting not be associated with a specific property listing, Visitors are requested to contact us via email at support@luso.homes. In the email, Visitors should articulate the reasons why they find the content offensive and/or inappropriate.

Upon receipt of the Visitor's report, Luso Homes will conduct a thorough review and subsequently decide, at its sole discretion, whether to remove the reported content. It is important to note that Luso Homes will not provide justifications for its decision to the reporting Visitor.

8. Liabilities and Disclaimers

Visitors access the Website and use the Services at their own risk.

We do not guarantee the accuracy or completeness of properties’ information and are not responsible for any transactions or agreements made amongst Visitors, Users, or others. Visitors acknowledge and accept that any contractual or non-contractual relationship they formalize with Luso Homes’ or Luso Digital Assets’ partners, advertisers, or third parties contacted through our real estate portal, are understood as established solely and exclusively between that specific Visitor and the partner, advertiser, and/or third party in question.

By accepting these Terms of Service, Visitors acknowledge that Luso Homes and Luso Digital Assets, their employees, partners, potential subsidiaries and/or affiliates, successors, assignees, suppliers, and agents are not responsible for:

• Damages caused by the negligence of the real estate portal, its employees, freelancers, agents, suppliers, or other partners related to the Services;
• Loss of profits, general losses, indirect or collateral damages, or any resulting legal actions against LDA by third parties;
• Failures, discrepancies, omissions, delays, interruptions or other errors and/or omissions in the Services caused by Visitors’ computers.
• Losses or damages, or for any other reason of non-compliance.

By accepting these Terms of Service, Visitors acknowledge also that Luso Homes and Luso Digital Assets are not explicitly or implicitly responsible for:

• The use of links provided on the Website for other services;
• The accuracy, completeness, usefulness, or suitability of the property information or any other services on the internet, services, goods, or advertising ads that may be advertised through the Website;
• The accuracy or continuous availability of the telephone lines and equipment that the Visitors use to access the Website.

Nothing on this Website’s content is intended to be, and should not be interpreted as, advertisement, solicitation or a recommendation to engage in the trading, purchase, or sale of any sort of digital asset, security, financial product, or instrument.

Luso Digital Assets does not provide advice on any matters related to digital assets’ trading. Individuals engaging in digital asset related activities are urged to conduct thorough research, seek professional advice, and acknowledge the associated risks before engaging.

Any communications from Luso Digital Assets are to imply that digital asset services are low-risk or risk-free. Digital assets’ prices have been historically volatile, with potential for significant fluctuations, and may potentially lead to partial or total loss of the invested capital.

9. Limits of Civil Liability and Indemnification

Visitors accept that Luso Homes and Luso Digital Assets will never be held responsible, under any circumstances, for damages that may arise from the transmission, dissemination, storage, availability, receipt, obtaining, or access to the Website, nor for damages that may result from:

• Non-compliance, by its Visitors, Users and/or partners, with the law, morals, generally accepted good customs, or public order, as a consequence of obtaining, using, or accessing the Website, the Services and/or the Additional Services;
• Infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and the image of individuals, and property rights belonging to a third party, by its users and/or partners, as a consequence of the improper use of the Website, of the Services or of the Additional Services;
• Acts of unfair competition and unlawful advertising by its Visitors, Users and/or partners, as a consequence of using the Website, the Services or of the Additional Services;
• Inadequacy for any kind of purpose and disappointment of expectations generated by their Services and/or Additional Services;
• Non-fulfillment, delayed fulfillment, defective fulfillment, or termination, for any reason, of obligations contracted with third parties and contracts entered into with third parties, due to the impossibility of accessing the Website, the Services and/or the Additional Services.

Finally, Visitors agree to indemnify and hold Luso Homes and/or Luso Digital Assets harmless from any claims or liabilities arising from their use of the website.

10. Declarations and Warranties

The Visitor declares and warrants that:

• They have the legal capacity to be part of this agreement.
• They are at least 18 (eighteen) years old.
• They will not use any rights granted to them in these Terms of Service and the Services for illegal or illegitimate purposes.

11. Changes to Terms and Conditions, Governing Law and Termination of the Relationship

We may update these Terms of Service from time to time. Visitors must revisit these Terms of Service every time they intend to use the Services. Continued use of the website constitutes acceptance of the updated terms.

These terms are governed by the laws of Portugal. Any disputes will be resolved in accordance with the laws of this jurisdiction.

Any conflict that may arise in connection with the use of our Website and of our Services will be submitted and resolved, to the maximum extent permitted by applicable law, by the Courts of Lisbon.

Both the Visitor and Luso Homes may terminate their relationship at any time, without prior notice, for non-compliance with the provisions of the Terms of Service.

Upon termination of the contract, the Visitor will no longer be able to use the Services and must destroy all material obtained from it. Also, if the Visitor fails to comply with any provision set forth in the Terms of Service, Luso Homes, without prejudice to any liability for damages that may result, may immediately and without prior notice terminate the relationship with the same, banning them and interrupting their access to the Website or to its Services.

12. Cookies

Luso Homes informs its Visitors about the use of "cookies" on its Website.

Our Website uses cookies to distinguish its Visitors and Users from one another. This helps Luso Homes provide its Visitors and Users with a good experience when browsing our Website and allows us to improve their performance. By continuing to browse our Website, you agree to our use of cookies.

A cookie is a small file of letters and numbers that is downloaded to your computer when you visit a website. Cookies contain information that is transferred to your computer's hard drive and are not used to personally identify you.

On Luso Homes' Website, we use the following cookies:

• Strictly necessary cookies – these are cookies necessary for the operation of our Website. They include, for example, cookies that allow you to access secure areas of our Website.
• Analytical/performance cookies – these cookies allow us to recognize and count the number of visitors and see how visitors move around our Website when they use it. This helps us improve the way our Website work, for example, by ensuring that users easily find what they are looking for.

Your web browser may allow some control of cookies through the browser settings. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Website.

Learn more about cookies, including how to see what cookies have been set, how to manage them, and how to delete them at www.allaboutcookies.org.

13.Miscellaneous

• Acceptance: By using our Website and the Services, the Visitor automatically declares to understand and accept our Terms of Service and undertakes its responsibilities here foreseen.
• Change in technical specifications: Visitors accept that Luso Homes reserves the right to change the content of the technical specifications of any aspect of its Services at any time, at its discretion, regardless of how it may affect the Visitor's experience.
• Force Majeure: Luso Homes and/or Luso Digital Assets shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control.
• Severability: If any provision of these terms is deemed invalid, the remaining provisions shall remain in full force and effect.
• Entire Agreement: These Terms of Service constitute the entire agreement between the Visitor and Luso Digital Asset.
• Contact information: For any questions or concerns regarding these terms, please contact us at legal@lusodigitalassets.com

Thank you for using Luso Homes!