MORTGAGE CREDIT INTERMEDIATION AGREEMENT AND / OR ACCESS TO THE GIBOBS PLATFORM
1. SERVICE PROVIDER
- Company name: GIBOBS S.L. (hereinafter, “GIBOBS”).
- Registered office: Calle Las Norias 92, Block C, Floor 0, Majadahonda.
- CIF: B88226725
- Telephone: 91 134 43 59
- Email: email@example.com
- Web platform: www.gibobs.com
1.2. MAIN ACTIVITY
GIBOBS is a commercial entity whose main activity is the provision of mortgage credit intermediation services to end users. These services are provided in accordance with Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts (hereinafter, “Law 2/2009”).
However, the main activity of GIBOBS, the User may access the platform offered on its website, where they may use other types of services and / or activities regardless of whether or not they have contracted mortgage credit intermediation (activities additional, detailed later).
1.3. LIABILITY INSURANCE
GIBOBS has contracted a civil liability insurance policy in accordance with the obligation stipulated in article 7 of Law 2/2009 with the Lloyd’s entity and with policy number BNE201900058 for an amount of seven hundred fifty thousand (750,000) euros.
1.4. GIBOBS REGISTRY
GIBOBS is registered in the Registry of real estate credit intermediaries of the Bank of Spain with the coding number D145, as a real estate credit intermediary, in accordance with the provisions of article 27 and following of Law 5/2019, of March 15 , regulator of real estate credit contracts.
2. OBJECT OF THE CONTRACT
This Agreement establishes the terms and conditions that will regulate the provision of mortgage credit intermediation services as well as other supplementary services or activities by GIBOBS to the User through the website www.gibobs.com or the app.gibobs. com (hereinafter, “the Platform”.
The marking of the corresponding box in the contracting process of the Platform, as well as having followed all the steps of it electronically, implies the express acceptance of the terms and conditions of this Contract by the User, having the same validity as the signature of the same. In this way, the User acknowledges that he is a person with sufficient capacity to acquire the obligations derived from his actions through the Platform and the obligations derived from this Contract, understanding and assuming its content.
In any case, as stated in the Legal Notice and Conditions of Use of the Platform, in order to contract with GIBOBS, the User must be of legal age (≥ eighteen (18) years old). Likewise, with respect to the services provided by GIBOBS, the User assumes that, in any case, the decisions taken in the matter of mortgage intermediation are their sole responsibility and risk, GIBOBS limiting itself to providing an intermediation and / or advisory service using a formula own that ascertains the viability or of the operation for the user and their specific economic situation, based on the data provided by the user. In any case, the decision to assume the operation or not will be exclusive to the user.
This Contract will have an indefinite duration, being in force during the time in which the User has access and uses the intermediation services.
4. PRIOR INFORMATION
The User acknowledges having accessed and read the document called “Information Prior to the Intermediation Contract”, thus complying with GIBOBS with the obligation to provide the User free of charge, before assuming any obligation derived from the brokerage contract, certain information. Said obligation derives from Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts (hereinafter, the “Law 2/2009 ”).
The document “Information Prior to the Intermediation Contract” is available to all Users of the Platform freely and free of charge.
Without prejudice to the fact that the mere navigation on the Platform may imply the acceptance of certain legal texts of the same, this Contract between GIBOBS and the User will be understood as perfected from the moment the User completes the contracting procedure, it being understood that the Monitoring all the phases of the electronic contracting procedure is a direct manifestation of the User’s willingness to accept its formalization.
GIBOBS will introduce adequate and sufficient technical means to identify and correct technical errors in the management of information as they result from its responsibility.
5. DESCRIPTION OF THE SERVICES
A) Mortgage credit intermediation service
GIBOBS, as an exclusive intermediary, linked to financial and credit entities (hereinafter, the “Lenders”), exercising its activity under Law 2/2009, offers the User intermediation services in the contracting of mortgage loans, facilitating the comparison of mortgage products offered by Lenders, based on current market conditions, needs and the User’s credit profile (hereinafter, the “Intermediation Services”).
The Intermediation Services will involve the performance by GIBOBS of a search among the mortgage products offered in the market by the Lenders with whom GIBOBS has collaboration, of those that best adapt to the characteristics of the mortgage loan requested by the User, of compliance with the information and documentation provided by it.
The procedure that GIBOBS follows for the provision of Intermediation Services will be as follows:
- Once the Intermediation Contract is formalized, the User must provide all the information required through the questionnaire, as well as all the documentation requested by virtue of the information provided through the questionnaire.
- Likewise, you must indicate the Lenders to which you want to provide the appraisal request.
- In case the User expressly authorizes it, GIBOBS will carry out a query to the financial solvency information files in order to know if the User has any outstanding load, credit and / or debt on that date (CIRBE, ASNEF, EXPERIAN, EQUIFAX or others).
- Once the above has been carried out, GIBOBS will present to the Lenders that the User has consented to, the User’s own credit assessment requests, as well as the documentation required in said requests.
- The Lenders who were requested a credit assessment by the User will issue credit offers (hereinafter, the “Offers”) indicating the conditions of the mortgage loan agreement. The Offers, in general, are not binding, so their conditions may vary; and they are prepared by Lenders to whom a request for credit assessment has been submitted, therefore, GIBOBS does not have any responsibility with respect to them.
- The User will have the option to accept any of the Offers made by the Lenders in which they requested a credit assessment. The Offers are not binding on the User and the User may accept or reject them as appropriate.
- In the event that the User is interested in accepting any of the Lenders’ Offers, GIBOBS will be in charge of managing the User’s contact with the Lender in question to carry out the contracting of the mortgage loan without GIBOBS assuming any In the event the expenses, charges and / or taxes that the contracting of the mortgage loan may imply, as well as the sale of the property. Likewise, in the event that the User accepts one of the Offers through the Platform, he undertakes to carry out the sale of the property in question through the agent in which he showed his interest in the mortgage credit intermediation services. by GIBOBS.
B) Accessory services to Intermediation Services
GIBOBS will additionally offer additional services to the Intermediation Services, necessary for the formalization and execution of the credit agreement with the Lenders, which include:
- Pre-valuation of the property. This service will not have any type of cost for the User.
- Property appraisal.
C) Extra activities to the Intermediation Service
- My personal balance
- My loans
- Scoring gibobs
- My Documents
Access to the Platform and the use of services as “financial products” as well as the rest of the supplementary activities will have no cost for the User.
The User will only be able to access the supplementary activities if they do not have – initially or at any time – interest in the intermediation services. You will only access these services when the User has provided GIBOBS with the information and / or documentation necessary for it.
As soon as the User formalizes the Contract, and once they have expressed their interest in accessing the intermediation services by providing the information and / or documentation required for this, GIBOBS will begin the activity of advice, study of the operation and search for the best mortgage
5.3. TAXES AND EXPENSES
The User will be responsible for satisfying those expenses that the mortgage loan entails and that it must assume by legal imperative or by prior negotiation with the Lender.
6. CONTRACTING PROCEDURE
The contracting procedure for GIBOBS Services is carried out completely electronically through the Platform which, prior to accessing this Contract, has included the following steps:
- Once the previous documents published on the Platform have been read, the User will have accessed the Platform registration process or through a third party (agent).
- Once the User has proceeded to register as a user of GIBOBS S.L. providing their identification data (name, surname and DNI) and their contact information (telephone number and email) – or through the agent-, a link will have been provided to the Platform in which the User, to access the GIBOBS SL services, you must accept the contracting conditions included in this Intermediation Agreement. In the case of not accepting them, you will not be able to access the services indicated and described above.
- To access the mortgage credit intermediation services, the User must have provided the information and / or documentation necessary for this. If you do not do so, your only interest in accessing the free extra activities of the Platform will be understood.
Once the User accepts this Intermediation Agreement, it is understood that the contractual relationship between GIBOBS S.L. and the User is perfected.
7. RIGHT OF WITHDRAWAL
By virtue of the provisions of article 21 of Law 2/2009, the User may withdraw from the formalization of this Mortgage Credit Intermediation Agreement without alleging just cause and without any penalty in the event that such withdrawal is made in the maximum term of fourteen (14) days from the date of formalization of this contract.
The User may contact GIBOBS to carry out the withdrawal exercise stipulated in the fourth section of these General Contract Conditions, as well as to make any type of consultation through:
- Written to the postal address: Calle Las Norias 92, Block C, floor 0, Majadahonda.
- Written to the email firstname.lastname@example.org
8. OBLIGATIONS OF THE USER in the INTERMEDIATION SERVICES
The User agrees to submit to GIBOBS all the documentation required by the latter in order to carry out the fulfillment of the services that are the object of this Contract as soon as possible. In case of non-compliance by the User, GIBOBS will not be able to carry out the intermediation services and, therefore, the User exempts GIBOBS from liability with respect to the impossibility of providing the service and in any case, no compensation for damages that may be caused.
9. TERMINATION OF THE CONTRACT
The Parties may terminate this contract unilaterally in the following cases:
- For breach of the obligations stipulated in these General Contracting Conditions by the other Party and its non-rectification within a maximum period of fifteen (15) days from the date of notification.
- Due to suspension or early termination of the activity of GIBOBS.
- Due to the extinction of the title of GIBOBS as a credit intermediary, thus making it impossible to provide Intermediation Services.
- In the event that the User does not receive any Offer of a mortgage loan contract by virtue of the credit assessment requests raised, the User will have the right to terminate the contractual relationship without any compensation.
10. LANGUAGE OF FORMALIZATION OF THE CONTRACT
The language in which the contract may be formalized will be Spanish. Said language may be modified in the event that the User has been provided with the information prior to contracting in a language other than Spanish.
11. DATA PROTECTION
In case of formalization of the intermediation contract, your personal data will be processed according to the following indications:
Responsible for the treatment:
GIBOBS S.L. with CIF number B88226725 and registered office at Calle Las Norias 92, Block C, floor 0, Majadahonda (Madrid). Telephone: 91 134 43 59, e-mail: email@example.com
Purpose of the treatment:
Fulfillment and development of the contractual relationship with you due to the provision of mortgage credit intermediation services (advice, study of operations and search for the best mortgage) and accessory services that are described in detail in the SERVICES section of this document.
If requested, your data will also be processed for the provision of the additional services available on our platform and which are described in detail in the SERVICES section of this document.
Sending commercial communications about GIBOBS services, similar to those contracted.
Legitimation for the treatment:
The main legal basis for the processing of your data is the execution of the brokerage contract.
To carry out a query before the equity and credit solvency files owned by EQUIFAX in order to know if you present current credits and / or debts that may affect credit, we will request your express consent.
For the sending of commercial communications, the legitimizing basis is the contractual relationship with you and the legitimate interest of GIBOBS in marketing actions.
The data requested by GIBOBS are necessary to carry out the aforementioned purposes, therefore, not providing them or providing them incorrectly, may make it impossible to provide the contracted services.
Your data will be kept throughout the existing contractual relationship with you and, even afterwards, during the legal terms that apply to you and until the expiration of the terms of the legal actions that may arise.
Recipients of international transfers and transfers:
In the event of authorization on your part, the financial solvency information files (CIRBE, ASNEF, EXPERIAN, EQUIFAX or others) will be consulted, which implies a communication of your data to said third parties.
Your data will be communicated to the Lenders that you consider through the Platform in order to carry out a study of the mortgage credit valuation that they may offer and make available to you the offers of mortgage credits that said Lenders offered in accordance with the information provided.
In case of accepting the offer by the User, the communication of data to lenders will have the purpose of managing the User’s contact with the latter.
These data communications are necessary for the fulfillment of the contractual relationship.
If applicable, your identification data may be accessible by appraisal service providers.
Additionally, the data may be communicated to the Public Administrations that have competence in the matter and to the Judges and Courts, in the cases provided by law.
Our data hosting service provider is Salesforce.com, Inc (United States), so your data may be the subject of an international transfer to said provider, with whom we have formalized the corresponding confidentiality and personal data treatment agreements.
Origin of the data:
Your identification data (name, surname and DNI), as well as your contact information were obtained by the real estate agency to which the User gave consent for the transfer of their data to GIBOBS in order for us to contact you to offer you Intermediation Services. The rest of the personal data are provided by the User through the Platform.
Exercise of rights:
The User may exercise before GIBOBS the rights of access, rectification, deletion, opposition, limitation and portability of their data, as well as unsubscribe from commercial communications by writing to the address indicated above. Likewise, you will have the right to file a claim with the Spanish Agency for Data Protection, www.aepd.es.
12. ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), contracts concluded electronically will produce all the effects provided by the legal system, when consent and other necessary requirements for its validity concur.
In any case, the electronic support in which this Agreement is entered into electronically will be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it will be understood that the monitoring of all the phases of the contracting process necessarily implies the provision of the consent required for the contracting.
In the same way, and in accordance with the provisions of article 27 of the LSSI, all the information related to it is made available to the User, prior to the start of the contracting procedure, which will only be applicable in the event that the User decides to proceed with the contracting through the Platform.
GIBOBS does not assume any responsibility for the services and content of third parties that can be accessed through the Platform, including the situations of financial solvency of the User, as well as the conditions of the mortgage loans, because said offers are not prepared by GIBOBS and, therefore, are not its responsibility.
In the same way, GIBOBS will not be responsible in the event that the User does not receive any offer by virtue of the requests presented to the Lenders. Therefore, the User exempts and will hold GIBOBS harmless from any liability not attributable to the latter.
On the other hand, with respect to the services provided by GIBOBS, this entity will be responsible for the damages caused to the User only when the breach has been serious by GIBOBS and has not been remedied by said party within a maximum period of fifteen (15) days from the date of notification by the User of said breach. In the previous case (serious breach and non-rectification by GIBOBS within the established period), the maximum amount of compensation for damages to be assumed by GIBOBS is the amount equivalent to the price of six (6) months that could be paid by the User in consideration of the intermediation services by GIBOBS.
14. SAFEGUARD CLAUSE
All the terms and conditions of this Contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by court ruling or final arbitration resolution.
15. MODIFICATIONS OF LEGAL TEXTS OF THE PLATFORM
It will be considered that you expressly accept said modifications or updates if you contract new services through the Platform after having been informed of them.
16. APPLICABLE LEGISLATION AND JURISDICTION
This Contract are subject to the following legislation:
- Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts.
- Law 7/1998, on the General Contracting Conditions.
- Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
- Royal Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users
For any divergence that may arise from the interpretation or application of these conditions, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the User’s domicile, expressly waiving any other jurisdiction that may correspond.
To file claims in the use of our services, you can contact GIBOBS through the contact channels established in this Contract.