TERMS AND CONDITIONS

Last update: 14-02-2025

“Inmobiliaria Basac”, S.A. de C.V., is a variable capital stock company, legally constituted and registered in the United Mexican States, under Electronic Commercial File Number 4018, whose registered office is located at Avenida Bonampak, corner of Donceles, Condominio Palmeras, Local C-109 Int. A, Cancún, Quintana Roo, CP 77500. (“Costa Realty”)

For the purposes of these Terms and Conditions, Costa Realty includes its affiliates.

Costa Realty operates the website www.costarealty.com.mx (the “Site”). The Site allows the offering of high-end real estate listings in the Mexican Caribbean (collectively referred to as the “properties”), specializing in the sale of exclusive properties. The site connects buyers and investors with the best projects and potential clients.

1. PREAMBLE.

These general terms and conditions (the “Terms”) aim to define the terms and conditions under which Costa Realty allows its clients (the “Client(s)”) to benefit from all services, particularly the excellent real estate services and solutions, that are available on this Site and are described later (collectively, the “Services”).

Before contracting, accepting, or using any Service on the Site, the Client declares:

• That said Client acts for personal purposes; and
• That the Client is at least eighteen years of age and has full legal capacity to accept these current Terms.

The Client is invited to carefully read these Terms, whose prior acceptance is mandatory for booking any Service offered on the Site.

Costa Realty reserves the right to modify or supplement, at any time, totally or partially these Terms. In this case, the new version of the Terms will be available on the Site with the effective date. Clients are advised to regularly consult the Terms to be aware of any changes. In any case, the Client will be subject only to the version of the Terms in force at the time they access or use the Service.

By registering an account, clicking or touching any button or box marked as “accept”, “agree” or “OK”, or by using the Services, you accept this Agreement and any changes to it.

2. EFFECTIVE DATE.

The legend “Last Updated” shows when this Agreement was last modified. Costa Realty may change this Agreement by notifying by any reasonable means, including posting a revised Agreement through the Services.

Subject to applicable laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify or waive any fee required to use the Services.

Costa Realty offers:

• real estate listing services;
• real estate consulting services;
•        real estate brokerage services in the capacity of “Master Broker”; and
• services complementary to such real estate Services, on its Site.

4. INFORMATION COLLECTED THROUGH THE SERVICES.

Regarding the information you provide to us through the Services, you declare, warrant and commit to:

• You have and will comply with all applicable laws regarding any information you provide or access through the Services;
• The information you provide is and will remain accurate and complete, and you will maintain and update the information as necessary; and
• You have all the necessary rights and permissions to authorize the processing of such information under this Agreement.

By using our Services, you agree that Costa Realty may automatically collect information from you and your device while you use our Services. This information may include any actions you take on our websites, including links visited, session details and duration, and what you type on our website. In addition, you agree that we may share the information we collect through the Services, including personally identifiable information, with our Affiliated Entities (as defined in Section 8) and other third parties. You also agree that we may collect, transmit and process the information collected by the Services in accordance with our Privacy Notice Policy located at www.costarealty.com.mx, as updated from time to time. www.costarealty.com.mx, as it may be updated with the time.

5. YOUR CONDUCT.

You declare, warrant and commit that you will not:

• Use the Services in any way or for any purpose that is illegal, that violates federal, state or local laws or regulations, or for any other purpose that is fraudulent, or otherwise unlawful.
• Post, transmit or make available information and/or material through the Services that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise disrespect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise unlawful; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademarks, trade secrets, publicity or privacy rights or any other proprietary right, without the prior express written consent of the corresponding owner.
• Introduce any virus, worm, Trojan horse, spyware or any other computer code, file or program that is potentially harmful or invasive or that is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment through the Services.
• Link, integrate or provide access to the Services or related infrastructures without the prior explicit permission of Costa Realty.
• Impersonate another person in connection with your activities on the Services.
• Transmit any spam, chain mail or unsolicited communications through the Services.
• Collect or gather information about users of the Services.
• Interfere with the operation or content of the Services, or with the servers or networks used to make the Services available (for example, by hacking or modifying any part of the Services), or violate any requirement, procedure or policy of such servers or networks.
• Remove or alter any copyright, trademark or any other proprietary rights notice from the Services.
• Frame or mirror any part of the Services or incorporate any part of the Services into any product or service.
• Manipulate or circumvent any security technology associated with the Services.
• Use any robot, search/retrieval application site, or any other manual or automatic device to retrieve, index, “data mine” or otherwise gather content from the Services (including any Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

We may monitor your use of the Services to determine your compliance with this Agreement. We may remove or reject any data or material included in the Services, in whole or in part, for any reason.

You agree to be solely responsible for knowing, understanding and complying with the most recent versions of all applicable laws and regulations that relate to or apply to your use of the Services.

You acknowledge that you are solely responsible for identifying, interpreting, understanding and complying with all federal, state and local laws and regulations applicable to your use of the Services, including the selection and hiring of any attorney you deem necessary to ensure compliance with them.

6. CONTACT, CUSTOMER SERVICE AND COMPLAINTS.

Costa Realty is at your disposal to attend to any claim related to any Service on the Site.

You can contact us at www.costarealty.com.mx

Or you can also write to us at: mgodoy@costarealty.com.mx

The Client undertakes to remain courteous and not make derogatory comments, particularly in relation to Costa Realty, the properties, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and courtesy. Costa Realty reserves the right to take all appropriate measures against the Client in case of harmful or reprehensible behavior (in particular, unfortunate, malicious or insulting behavior) in relation to Costa Realty, the properties, the entities of its group or its employees or collaborators.

7. PRIVACY AND PROTECTION OF PERSONAL DATA.

When the Client uses the Site, Costa Realty and the entities of the Costa Realty group process personal data as described in the “Privacy Notice Policy”. Thus, the information collected from the Client is intended for Costa Realty, its partners, its service providers in order to execute the services.

The Client may at any time exercise their rights under the regulations on personal data protection. All the information required for this purpose is established in the “Privacy Notice Policy”.

8. LIMITATION OF LIABILITY..

NEITHER COSTA REALTY, NOR OUR AFFILIATES, ANY DIRECTOR, OFFICER, EMPLOYEE, AFFILIATE, AGENT AND RESPECTIVE REPRESENTATIVE (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY PROFIT, LOSS, INCOME, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OF COVERING OR PUNITIVE DAMAGES; OR (B) THE AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN THE CASE OF (A) AND (B), WHETHER ARISING FROM, RELATING TO OR RESULTING FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPLICATION OR THIRD-PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. INDEMNIFICATION..

You will defend, indemnify and hold harmless Costa Realty and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees and expenses) arising out of or related to: (a) your use of, or activities derived from, related to, resulting from or in connection with, this Agreement, the Services, or (b) any violation or alleged violation of this Agreement by you.

10. TERMINATION..

This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without notice, for any reason or no reason, including if we believe you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will cease immediately, and we may, without liability to you or any third party, immediately deactivate or delete your name or account, and all associated materials, without any obligation to provide further access to such services or materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.

11. APPLICABLE LAW; DISPUTE RESOLUTION..

This Agreement and your activities under it are governed exclusively by and shall be construed exclusively in accordance with the laws of the State of Quintana Roo, without regard to its principles of conflicts of laws, regardless of your location.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Quintana Roo.

12. MISCELLANEOUS MATTERS..

This Agreement does not create, nor shall it be construed as creating, any partnership, joint venture, employer-employee, agency relationship between you and us. You acknowledge and agree that, unless expressly provided otherwise in this Agreement, there will be no third-party beneficiaries of this Agreement. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior express written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any other breach or default. Any heading, title or section name contained herein is for convenience only and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise stated. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein and any addenda hereto, constitutes the entire agreement between you and us with respect to its subject matter, and supersedes all prior or contemporaneous agreements or understandings, written or oral, between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made by posting or by email (including links in each case) to the most recent email address you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be liable for any failure to perform any obligation due to causes beyond our reasonable control.