Version 2.0 as of 15.12.2024
These Terms and Conditions ("Terms") govern the use of RealHub Marketplace Ltd’s ("RealHub," "we," "us," or "our") real estate marketplace (the "Marketplace"), where users ("Buyers" and "Sellers") may trade real estate in fractional or whole forms as represented by blockchain assets ("BA"). By accessing or using the Marketplace, you agree to comply with and be bound by these Terms.
1. Marketplace Overview
1.1 Nature of the Marketplace**: RealHub Marketplace Ltd provides an online platform for Buyers and Sellers to engage in real estate transactions via blockchain assets. RealHub does not own, control, or guarantee any of the properties listed on the Marketplace.
1.2 Core Services:
- Facilitates listing and trading of real estate assets as BAs.
- Conducts due diligence on properties and ensures compliance with applicable laws.
- Provides escrow services for secure transactions.
1.3 Transaction Recording: All transactions are recorded on a distributed ledger for transparency and immutability.
1.4 No Guarantee of Success: RealHub does not guarantee that any property listed will be sold or purchased or that transactions will be free from risks inherent in real estate trading.
2. Eligibility and Registration
2.1 Eligibility:
- You must be at least 18 years old and legally capable of entering a binding contract.
- You must comply with all applicable laws, including KYC and AML regulations.
2.2 Digital Wallet Requirements:
- Users must register with a verified digital wallet ID.
- Wallets must meet technical requirements as specified by RealHub.
2.3 Identity Verification:
- Users are required to complete KYC/AML processes. Failure to provide requested information may result in account suspension.
2.4 User Responsibilities:
- Maintain security of wallet credentials.
- Notify RealHub immediately of unauthorized access or security breaches.
3. Real Estate Transactions
3.1 Ownership Models:
- Fractional Ownership: Buyers may purchase a percentage of a property via fractional BAs.
- Complete Ownership: Buyers may acquire 100% ownership through single BA transactions.
3.2 Legal Rights:
- Ownership rights are governed by the jurisdiction of the underlying property.
- Buyers acknowledge that RealHub is not responsible for enforcing local real estate laws or any disputes arising from the interpretation of such laws.
3.3 Transaction Process:
- Buyers and Sellers engage directly, facilitated by RealHub’s platform and escrow services.
- Once payment is confirmed, BAs are transferred to the Buyer’s wallet.
3.4 Risk Disclaimer:
- Transactions are at the user’s own risk. Users should conduct independent due diligence and consult legal and financial advisors where necessary.
4. User Obligations
4.1 Sellers:
- Must ensure legal ownership and compliance with local regulations.
- Are responsible for the accuracy of property listings and disclosures.
4.2 Buyers:
- Must review property details and consult legal/financial professionals as needed.
- Accept that RealHub’s verification does not constitute a warranty or guarantee.
4.3 Prohibited Activities:
- Listing properties without proper authorization.
- Misrepresentation of property details.
- Circumventing Marketplace fees or processes.
- Engaging in fraudulent or unlawful transactions.
5. Fees and Payments
5.1 Fee Structure:
- RealHub charges a transparent transaction fee and/or commission for each sale.
- A detailed fee structure is available on our website.
5.2 Payment Terms:
- Payments must be made in approved cryptocurrencies or fiat currencies.
- All payments are final unless fraud or misrepresentation is verified.
5.3 Tax Compliance:
- Users are solely responsible for reporting and paying taxes related to transactions.
- RealHub explicitly disclaims any responsibility or liability for tax obligations or compliance related to user transactions. Users must seek independent tax advice to ensure adherence to local tax laws.
5.4 Refund Policy:
- Payments are non-refundable except in cases of proven fraud or gross misrepresentation verified by RealHub.
6. Intellectual Property and Branding
6.1 Ownership:
- RealHub retains exclusive rights to its trademarks, trade names, logos, and branding.
6.2 License to Use:
- Users are granted a limited, non-exclusive license to use RealHub branding solely for Marketplace-related activities.
6.3 Prohibited Uses:
- Users may not modify, replicate, or distribute RealHub’s intellectual property without written consent.
6.4 Reporting Violations:
- Users must report unauthorized use or infringement of RealHub’s intellectual property.
7. Limitations of Liability
7.1 No Warranties:
- The Marketplace is provided "as-is" without warranties of any kind, express or implied.
7.2 Transaction Risks:
- RealHub is not responsible for disputes arising from misrepresentation, property defects, or compliance issues related to local real estate laws.
7.3 Liability Cap:
- RealHub’s liability is limited to the fees collected from the specific transaction in question.
7.4 Indemnification:
- Users agree to indemnify RealHub against claims, liabilities, damages, or costs arising from their use of the Marketplace, including violations of these Terms or applicable laws.
8. Compliance and Enforcement
8.1 Regulatory Adherence:
- Users must comply with all applicable laws, including real estate, tax, and anti-fraud regulations.
8.2 Suspension and Termination:
- RealHub reserves the right to suspend or terminate accounts for violations of these Terms.
8.3 Audit Rights:
- RealHub may audit user activity to ensure compliance and reserves the right to take legal action against violators.
8.4 Cooperation with Authorities:
- RealHub will cooperate with regulatory and law enforcement authorities as required by law.
9. Governing Law and Dispute Resolution
9.1 Governing Law:
- These Terms are governed by the laws of the United Kingdom.
9.2 Arbitration:
- Disputes will be resolved through binding arbitration in London, conducted in English.
9.3 Class Action Waiver:
- Users waive the right to participate in class-action lawsuits against RealHub.
9.4 Mediation Requirement:
- Parties must attempt mediation before initiating arbitration.
10. Amendments to Terms
10.1 Right to Amend:
- RealHub may amend these Terms at any time. Users will be notified of material changes.
10.2 User Acceptance:
- Continued use of the Marketplace constitutes acceptance of updated Terms.
11. Contact Information
For questions regarding these Terms, please contact RealHub Marketplace Ltd:
Address: Dalton House, 60 Windsor Road, Merton Abbey, London, Greater London, SW19 2RR, United Kingdom.
Email: support@realhub.com
Company Number: 16080017
This document supersedes all previous versions of RealHub’s Marketplace Terms and Conditions before the 12.12.2024.