Terms of Service

Last updated: 01/09/2023

PLEASE READ THESE TERMS OF SERVICE OF STAKE ESTATE CAREFULLY.

Welcome to Stake Estate, a platform developed, owned, and operated by Era Estetica .d.o.o, Županići 4d, Zagreb, Croatia, OIB: 31167311698 (hereinafter ‘we,’ ‘us,’ or ‘Stake Estate’).

These Terms govern your access to and the use of the services provided by VacaySharing on our platform, which includes vacation home profiles, member profiles, and any other related services and features (collectively referred to as the “Services”) available to our registered users (“Members”).

1. ACCEPTANCE OF TERMS

These Terms apply to all interactions between Stake Estate and Members (Investors and Developers).

• • You’ll be asked to agree to these Terms to register on our Platform and create your account.
  • Please read these Terms carefully before using our Services.
  • By accessing or using any part of our Platform, you agree to be bound by these Terms.
  • Any new services, features, or tools added to our Platform will also fall under these Terms.
  • We update these Terms periodically; check back for changes occasionally. If you’re a registered user, we’ll notify you through in-app notifications.
  • You can review the most current version of the Terms at any time on this page.

2. DEFINITIONS

• Investor – Users who contribute capital to real estate projects through the Platform.
• Developer – Users who offer their services to real estate projects through the Platform.
• Platform – The application through which Stake Estate offers its Services.
• Personal Data – Any information related to an identified or identifiable person.
• Primary Market – The marketplace where new projects are listed for crowdfunding by Investors.
• Secondary Market – The marketplace where Investors can sell or buy stakes in ongoing projects.

3. ELIGIBILITY

Services are intended for individuals who are at least 18 years old and possess full legal capacity, as well as legal entities.

For security reasons, Stake Estate cannot accept younger customers. Legal entities are also eligible to become Members of the Platform.

By using the Services, the Member is solely responsible for ensuring that the use of the Platform and Services in their jurisdiction is permitted by law.

4. REGISTRATION

To gain access to the Platform, individuals must complete the registration process, providing basic personal information including first name, last name, and email address. Developers are additionally required to provide company name, role, services, and location. All accounts are subject to Super Admin approval for activation.

5. SERVICES AND FEATURES

Stake Estate offers the following core services via its platform:

• Investor Account & Contributions:
  

  Users registered as Investors can contribute capital to real estate projects presented on the Primary Market. These registered Investors also have the ability to trade stakes in ongoing projects on the Secondary Market.

• Developer Account & Bidding:
  

  Users registered as Developers can submit bids for providing services to projects listed on the platform. This submission is facilitated directly within each respective project.

• Primary Market:
  

  The Primary Market serves as the initial point where new real estate projects are listed for crowdfunding. Registered Investors can review, assess, and contribute capital towards these listed projects.

• Secondary Market:
  

  The Secondary Market allows for the trading of stakes in ongoing projects. Registered Investors can offer their stakes for sale or purchase stakes from others.  

• Property Acquisition:

  A one-time, non-refundable fee is charged when a Member successfully invests in a property. This fee covers the costs related to identifying and acquiring the property administrative costs associated with raising funds for the property.

• Construction or Renovation Management:
  

  A fee is charged for overseeing construction or renovation activities related to a property. This fee covers the administrative costs and professional services required for managing the construction or renovation.

• Property Management:
  

  A monthly or annual fee is charged for the property management services provided. This fee covers services such as finding tenants and maintenance of the property.

• Secondary Market Facilitation:
  

  A transaction fee is charged for each transaction conducted in the secondary market. This fee is applied to both the buyer and the seller for each transaction. 

We reserve the right to modify or discontinue accepted payment methods at any time without notice.

7. ACCEPTABLE USE OF THE WEBSITE

Users of the Stake Estate Platform are expected to use the Platform in a manner that adheres to the services it offers—primarily real estate crowdfunding and property investment based on preferences and information provided. Therefore, the following actions are explicitly forbidden:

• Using the Platform in a way that damages, overburdens, or impairs its functionality or interferes with the real estate crowdfunding and property investment process.

• Uploading, publishing, or sharing false or misleading personal information, investment preferences, or any other information that is required for the service.

• Introducing malicious code, viruses, or other malware that may harm the Platform or compromise the property investment process.

• Evading any fees or administrative costs that are integral to participating in real estate crowdfunding and property investments.

• Attempting unauthorized access to other users’ property investment applications or any other confidential information.

• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Platform.

We reserve the right, at any time we detect or suspect an action or omission by any user that constitutes a non-acceptable use of our Website, to remove any unlawful content and immediately suspend and/or permanently delete the breaching party’s account without any notice, notwithstanding any other rights available to us as per applicable laws.

8. OWNERSHIP AND INTELLECTUAL PROPERTY

All content of the Platform, including logos, images, graphics, and text, are the intellectual property of Stake Estate or third parties, for whom Stake Estate has obtained a use license. Copying, distributing, storing, reproducing, republishing, modifying, or using any of these intellectual property rights for any purpose is expressly forbidden without prior written permission from Stake Estate. Access to and use of the Platform does not grant or transfer any rights, titles, or interests to you in or to any of this intellectual property.

If you upload your proprietary or intellectual property content to the Platform (such as financial documents or other personal information), you grant us permission to use this content solely for the provision of our services and the operation of the Platform. Such content will not be used outside the Platform or for any purpose not outlined in these terms.

9. SUPPORT AND SERVICE UPTIME COMMITMENT

Should you require technical support regarding the use of our Platform, you can reach out to us at:  [email protected]. Support is available during normal business hours—Monday to Friday from 9:00 am to 7:00 pm (CET).

We aim for a Platform uptime of 99% and will make commercially reasonable efforts to provide at least 48 hours’ notice for any scheduled maintenance that might affect the availability of our Platform. However, due to the nature of the internet, we cannot guarantee uninterrupted, secure, or error-free service.

10. THIRD PARTY CONTENT

The Stake Estate Platform may include links to third-party websites or services for informational purposes. However, we do not own, control, or endorse any of these third-party sites or services. Your interactions with these third-party services are solely between you and the third party and are undertaken at your own risk.

11. LIMITATION OF  WARRANTIES AND LIABILITY 

Stake Estate acts as a facilitator between members aiming to invest in real estate. Services are offered “AS IS,” without any guarantees of accuracy, reliability, or suitability.

To the fullest extent permissible by law, Stake Estate disavows all liability for:

• Any violations of laws, regulations, or third-party rights incurred by members.
• Any direct, indirect, incidental, or consequential damages experienced by users, including but not restricted to financial loss or reputational damage, that are not directly attributable to the negligence of Stake Estate.
• Any data breaches or unauthorized access not directly caused by Stake Estate.
• Any issues that arise from force majeure events beyond our control.

12. INDEMNIFICATION

You agree to indemnify and hold harmless Stake Estate, its officers, directors, and employees, from and against any and all liabilities, damages, losses, costs, claims, and expenses (including reasonable attorney’s fees) arising from or related to your violation of these Terms, any applicable laws, or regulations.

13. TERM AND TERMINATION

These Terms, which constitute a legally binding agreement between Stake Estate and each of our users, come into force by acceptance during your registration on the Platform and shall remain in full force and effect for as long as your account on the Platform remains active, i.e., until you delete your account or your account is terminated by us, notwithstanding certain clauses that shall remain in effect even after the deletion/termination of your account, in accordance with applicable laws.

Users may delete their account at any time by sending us an e-mail to: [email protected]

Stake Estate reserves the right to temporarily suspend an account, deny access to certain Services, or permanently delete an account, in case of a breach or suspected breach of the present Terms, without any notification to the breaching user and notwithstanding any other remedies available by law.

14. MISCELLANEOUS

14.1 Notifications

All communications between parties will be conducted through the Platform or via email to the email addresses provided by the parties during registration or by any other suitable means of which there is evidence of receipt to the persons and addresses indicated.

14.2 Severability

If any provision of these Terms is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, while these Terms shall remain in force in all other respects and such provision shall be deemed totally or partially not included.

14.3 Assignment

You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms to any third party without prior written consent from VacaySharing.

14.4 Applicable law and jurisdiction

The present Terms shall be construed by and shall be governed in accordance with the laws of Croatia, without regard to its conflict of laws provision. Any dispute arising out of these Terms and/or connected with the use of our Platform and Services shall be settled by the competent courts of Zagreb, Croatia.

14.5 Contact

Should you have any questions or comments regarding these Terms, feel free to contact us at [email protected].