TERMS AND CONDITIONS OF USE

Last Updated: September 17, 2024

Welcome to Lista, an online platform that connects sellers (developers and private sellers) or lessors with buyers, renters, and real estate agents. By accessing or using our platform, you agree to comply with and be bound by the following Terms and Conditions ("T&Cs"). Please read them carefully.

1. Introduction

1.1 Platform Overview

• Purpose: Lista facilitates the connection between property sellers (developers, private sellers, lessors) and potential buyers, renters, and real estate agents. It serves as an online marketplace for property listings, enabling users to discover, contact, and engage with one another.
• No Transaction Facilitation: Lista does not participate in the actual transaction of property sales or rentals. It solely provides a platform for users to connect and communicate.

1.2 Definitions

• "User": Any individual or entity that registers on the platform, including sellers, buyers, lessors, renters, agents, and developers.
• "Listing": Any property, whether for sale or lease, that is uploaded onto the platform by a registered user.
• "Account": The personal or business profile created by a user upon registering on the platform.
• "Services": The functionalities provided by Lista, including but not limited to listing properties, browsing listings, and contacting other users.

1.3 Acceptance of Terms

• Binding Agreement: By using Lista, you agree to these T&Cs and any other policies referenced herein. If you do not agree, you must not use the platform.
• Modifications: Lista reserves the right to modify these T&Cs at any time. Significant changes will be communicated to users, who will be required to re-accept the updated T&Cs to continue using the platform.

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2. User Registration and Account Management

2.1 Eligibility

• Age Requirement: Users must be at least 18 years old to register and use the platform.
• Legal Capacity: By registering, you confirm that you have the legal capacity to enter into binding agreements.

2.2 Account Creation

• Registration Process: To access certain features, users must create an account by providing accurate and complete information, including full name, email address, and, for business accounts, company details.
• Verification: Email verification is mandatory. Phone verification and government ID verification (e.g., passport) may be required for enhanced account features or certain user roles.
• Account Types:some text
  • Seller/Lessor Account: Allows users to upload and manage their property listings.
  • Buyer/Renter Account: Enables users to browse listings and contact sellers/lessors.
  • Agency/Developer Account: Provides broader access to multiple listings and additional features tailored to business needs.

2.3 Account Responsibilities

• Accuracy of Information: Users must ensure that all information provided is accurate, current, and complete. Misrepresentation may lead to account suspension or termination.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and are liable for all activities conducted under their account.

2.4 Account Termination

• Termination by User: Users may terminate their account at any time by following the account deletion process provided on the platform.
• Termination by Lista: Lista reserves the right to suspend or terminate accounts for reasons including, but not limited to, breach of these T&Cs, fraudulent activity, or misuse of the platform.

3. User Conduct and Obligations

3.1 General User Obligations

• Compliance with Laws: Users must comply with all applicable laws, regulations, and industry standards in their use of the platform.
• Prohibited Activities: Users are prohibited from:some text
  • Posting inaccurate or misleading information.
  • Engaging in fraudulent or deceptive practices.
  • Using the platform for illegal activities or unauthorized purposes.
  • Attempting to disrupt or interfere with the platform’s functionality.
  • Uploading harmful content, including malware, viruses, or any form of malicious code.

3.2 Listing Obligations

• Listing Accuracy: Sellers and lessors must ensure that all property listings are accurate, complete, and regularly updated. This includes correct property details, location, pricing, and availability.
• Property Rights: By uploading a listing, users confirm that they have the legal right to represent and offer the property for sale or lease.
• Image and Content Standards: All photos and content uploaded must meet the platform’s quality standards. Listings may be rejected or removed if they fail to meet these requirements.

3.3 Communication and Interaction

• User Interactions: All interactions between users, including inquiries and negotiations, must be conducted in a respectful and professional manner. Abusive, harassing, or discriminatory behaviour will not be tolerated.
• No Guarantee of Results: Lista does not guarantee the successful sale or lease of any property listed on the platform.

4. Commercial Terms for Developers, Sellers, and Lessors

4.1 Listing Fees and Payment

• Fee Structure: Developers, sellers, and lessors may be required to pay fees to list properties on the public website. Fees are based on the type and duration of the listing.
• Payment Terms: Payments are due upon listing submission and may be processed as a one-time fee or as part of a subscription package. All payments are non-refundable, except where required by law.
• Automatic Renewals: Subscription-based listings may automatically renew unless cancelled by the user before the renewal date.

4.2 Listing Review and Approval

• Manual Review: All listings are subject to manual review by Lista to ensure compliance with platform standards. Listings that fail to meet these standards may be rejected or require modification before going live.
• Approval Process: Approved listings will be published on the platform within 48 hours after submission.

4.3 Advertising and Promotion

• Optional Services: Users may opt for additional advertising and promotional services to increase the visibility of their listings. These services are subject to separate terms and fees.
• Platform Marketing: Lista reserves the right to use listings in its marketing materials, including but not limited to social media, newsletters, and third-party advertisements.

4.4 Content Ownership and Licensing

• User Content Ownership: Users retain ownership of the content they upload, including property descriptions and photos.
• License to Use: By uploading content, users grant Lista a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content for the purpose of operating, promoting, and improving the platform.

5. Verification and Compliance

5.1 User Verification

• Verification Requirements: Lista may require users to verify their identity or property ownership through documents such as government-issued IDs, deeds, or other legal documents.
• Verification Failure: Failure to provide requested verification documents may result in suspension or termination of the user’s account or listing.

5.2 Compliance with Property Laws

• Legal Compliance: Users are responsible for ensuring that their listings and transactions comply with all applicable property laws, zoning regulations, and tax obligations.
• Tax Obligations: Developers, sellers, and lessors are responsible for reporting and paying any taxes associated with their property transactions.

5.3 Anti-Fraud Measures

• Fraud Prevention: Lista employs various measures to prevent and detect fraud, including the monitoring of user activities and the use of verification tools.
• Reporting Fraud: Users are encouraged to report any suspicious activities or fraudulent listings to Lista’s support team for investigation.

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6. Privacy and Data Protection

6.1 Data Collection

• Personal Information: Lista collects personal information from users during registration, listing submission, and other interactions on the platform. This includes but is not limited to names, email addresses, and property details.
• Usage Data: The platform may also collect data on user activity, including browsing history, search queries, and interaction with listings.

6.2 Data Usage

• Purpose of Data Collection: The collected data is used to provide and improve platform services, process transactions, communicate with users, and for marketing purposes.
• Third-Party Sharing: Lista may share user data with third-party service providers for the purpose of payment processing, advertising, or other operational needs. Lista will not sell user data to third parties without user consent.

6.3 Data Security

• Security Measures: Lista implements industry-standard security measures to protect user data from unauthorized access, alteration, or disclosure.
• Data Breach Response: In the event of a data breach, Lista will notify affected users in accordance with applicable data protection laws.

6.4 User Rights

• Access and Correction: Users have the right to access, correct, or delete their personal information stored on the platform. Requests can be made through the user’s account settings or by contacting Lista support.
• Data Deletion: Users may request the permanent deletion of their account and personal data. Lista will comply with such requests in accordance with applicable laws and regulations.

7. Limitation of Liability

7.1 Platform Liability

• No Warranties: Lista provides the platform and services on an "as is" and "as available" basis, without any warranties or guarantees of any kind. Lista does not warrant that the platform will be error-free, secure, or available at all times.
• Liability Limitation: To the maximum extent permitted by law, Lista is not responsible or liable for:
  
  

• Any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use or inability to use the platform or services, even if Lista has been advised of the possibility of such damages.
• Loss of profits, loss of data, business interruption, or any other commercial or financial damages or losses arising from unauthorized access, server failure, hacking, or other breaches of platform security.
• Errors, inaccuracies, or omissions in any content or information provided on the platform, including property listings, and any actions taken based on such content or information.
• Any disputes or claims between users (sellers, buyers, renters, agents, etc.) related to property transactions or interactions facilitated through the platform.

In no event will Lista's total liability to any user, whether in contract, tort, or otherwise, exceed the total fees paid by the user to Lista for the services during the six (6) months prior to the event giving rise to the liability, if any. Users acknowledge that they use the platform at their own risk.

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7.2 Termination of Service

• Grounds for Termination: The platform may terminate a user’s account for reasons including but not limited to spam, fraud, misinformation, or violation of these T&Cs.
• Post-Termination Data Handling: Upon termination, the user's listings will no longer be public on the portal or website, and their account data will no longer be accessible. Some information may remain in the platform’s database history and can be deleted upon written request from the user.

Relevant Indonesian Regulations:

1. Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) – Article 15 allows limitation of platform liability for user-generated content when the platform operates with due diligence.
2. Ministerial Regulation No. 20 of 2016 concerning the Protection of Personal Data in Electronic Systems – Article 30 relates to liability for data breaches due to negligence.
3. Indonesian Civil Code (KUHPerdata) – Article 1365 sets general provisions for liability related to unlawful acts, but contracts can limit liability within reason.
4. Consumer Protection Law (Law No. 8 of 1999) – Article 19 permits certain limits on liability, provided it is not contrary to consumer rights or good faith

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Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:

• Email: hello@lista.id

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