The following terms and conditions of use apply to the Bob Makler mobile app (“mobile app” or “app”). By accessing the mobile app, you implicitly agree to abide by all of the terms and conditions that apply to its use, with or without explicit consent, as well as to the facilities and services provided via the mobile app. Bob Makler OÜ, also known as bobmakler.com
, is referred to as "we," "us," or "our" in these terms and conditions. "You" or "your" means the user of the mobile app, either as a estate agent, landlord or seller marketing property or as a (retail) end user.
We reserve the right to modify these terms and conditions of use at any time, and it is your responsibility to check for changes. Your use of the mobile app after changes have been posted on the website of Bob Makler OÜ in a timely manner constitutes acceptance of the new terms and conditions.OUR RESPONSIBILITIES
We are a property search engine and not an estate agency. We disseminate information about available properties being marketed publicly by others on the web. The provision of this service does not imply a principal/agent relationship. It is the responsibility of estate agents, landlords or sellers, not us, to prepare the property details, field inquiries directly from the renting and buying public, and effect introductions between the landlord and renter, buyer and seller. We do not participate in any part of the transaction or communication between the public, estate agents, landlords and sellers. We are not responsible for the completeness, currency and/or accuracy of any data provided in relation to properties being marketed.ACCESS TO MOBILE APP
Access to the mobile app is temporary, and we reserve the right to withdraw or amend the service we provide on the mobile app without notice. We will not be liable if the mobile app is unavailable at any time or for any period.
From time to time, we may restrict access to certain parts of the mobile app, or the entire mobile app, to registered and unregistered users, for example due to unauthorized access or security violations.
You may only use the app for legal purposes (in compliance with all applicable laws and regulations in force) and not in a manner that could violate the integrity of Bob Makler OÜ, any entities that are part of our group of companies and/or any affiliated companies.CONTENT
By agreeing to use the mobile app to search the public database(s) of properties, you agree to use, reproduce, and print materials comprising the results of such searches for your personal, non-commercial use only.
The pages contained in the mobile app and our website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up-to-date or for any failure to do so.
The information contained in the content of the mobile app is for information purposes only. The content on the mobile app does not constitute advice, and you should not rely on any content to make (or refrain from making) any decision or take (or refrain from taking) any action.
We provide no express or implied warranties, conditions, guarantees, or representations regarding:
● The completeness or accuracy of the advice and information contained on the mobile app or any website to which it is linked;
● The content of the advertisements for properties included in our database, including but not limited to the tenure, size, authenticity of any photographs, compliance with the description, or state and condition of any such properties;
● The completeness of the results of any search of our database or that the properties selected by the search criteria provided by you are the only properties on our database which might meet your expectations or requirements.LIABILITY
The material and data displayed on the Bob Makler app is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude:
● All conditions, warranties, and other terms which might otherwise be implied by statute.
● Any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with the Bob Makler app or in connection with the use, inability to use, or results of the use of the Bob Makler app, any websites linked to it, and any materials posted on it, including without limitation any liability for:
◦◦ loss of income or revenue;
◦◦ loss of business;
◦◦ loss of profits or contracts;
◦◦ loss of anticipated savings;
◦◦ loss of data;
◦◦ data breaches not caused by Bob Makler;
◦◦ loss of goodwill;
◦◦ wasted management or office time; and
◦◦ for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
● Any liability for errors in the property descriptions, facilities, and services provided on the Bob Makler app. These are intended for information only, and whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of users to satisfy themselves as to the accuracy of any property descriptions by liaising with estate agents, landlords or sellers marketing the property.
● Any liability for links to third-party products, services, and/or websites that are not affiliated with us. We have no control over the products, services, or websites of these third parties and we do not guarantee or take responsibility for them. The Bob Makler app may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements, which are the sole responsibility of the advertiser. Any links or advertisements on the Bob Makler app should not be taken as an endorsement by us of any kind. Furthermore, the Bob Makler app contains data provided by third parties, and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
● Any liability for content submitted and created by estate agents, property portals, sellers, and other third parties. We exclude all liability for any illegality arising from or error, omission, or inaccuracy in such content.
This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
● We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Bob Makler app will be continuously available online. We, therefore, provide the Bob Makler app on an "as is" and "as available" basis.
● We make no warranty that the Bob Makler app (or websites/mobile applications/3rd
party channels that are linked to the Bob Makler app) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software at all times.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.INTELLECTUAL PROPERTY: COPYRIGHT AND TRADEMARKS
The services we provide and all proprietary content on the App, including design, copy, search results, meta data, images, graphics, structure, layouts, brand names and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of Bob Makler OÜ and its licensors. These together with our logos are either trademarks or service marks of Bob Makler OÜ and may not be copied or reproduced without our prior written consent. You may not reproduce, republish, transmit, or distribute any material or information on the App on a private or commercial basis without our prior consent. You will not not attempt to modify, translate, disassemble, de-compile, copy or reverse engineer the content and/or the Bob Makler software or create any derivative service or product based thereon.LINKS TO OTHER SITES/MOBILE APPLICATIONS/3rd PARTY CHANNELS The App contains hypertext links to websites that are not operated by us or other members of our group of companies. We are not responsible for the content of these hypertext links and our inclusion of hypertext links to respective websites/mobile applications/3rd
party channels does not imply any endorsement of the material contained therein or of their owners. We hold the right to update and/or remove any hypertext links on a discretionary basis.LINKS TO THE APP You may establish a hypertext link to the App, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company, or your website, mobile application or 3rd party channel by us. Any such links are established at your own risk, and you accept liability for any adverse consequences on the operation and functioning of the App arising as a result of such links.REGISTRATION DETAILS
To gain access to certain services and facilities on the App, you will need to register with us (free of charge). As part of the registration process, you will create a username and password. You will be responsible for maintaining the confidentiality of your username and password and restricting access to your device, as you will be accountable for any activities conducted under your registered username and password. If you believe that someone has accessed your account without authorization, please contact us immediately using Help centre in the app or by email
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party, within or outside our group of companies. You may not, without our prior written consent, assign or dispose of any rights or obligations arising under these terms and conditions.
If any of these terms and conditions of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
Our delay or failure to exercise or enforce any right or provision of these terms and conditions of use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these terms and conditions of use caused by circumstances beyond our control.
These terms and conditions of use shall be governed by and in accordance with Estonian law and subject to the exclusive jurisdiction of the Estonian Courts.
If you do not agree to obey these terms and conditions, you must refrain from using or stop using the App immediately.CORRESPONDENCE
All correspondence relating to the App should be sent to our compliance officer using our Contact email