Xalata — xalata.com
Effective Date: 2026-05-12 | Version: 1.0
IMPORTANT — PLEASE READ CAREFULLY
These Terms of Service ("Terms") are a legally binding agreement between you and the operator of xalata.com. By accessing or using the Platform you accept these Terms in full. If you do not agree, you must not use the Platform.
These Terms should be read together with our Privacy Policy and Cookie Policy.
1.1 These Terms govern your use of xalata.com and all related services, features, and communication channels (the "Platform").
1.2 "Xalata", "we", "our", and "us" refer to the operator of the Platform, established in Malta. Contact details are available on the Platform.
1.3 By using the Platform, you agree to these Terms, our Privacy Policy, and our Cookie Policy.
1.4 If you act on behalf of another person or entity, you warrant that you are authorised to bind them to these Terms and you remain personally liable for any breach.
2.1 In these Terms:
2.2 Headings are for convenience only. "Including" means "including without limitation". References to legislation include amendments and replacements in force from time to time.
3.1 The Platform is a digital property platform focused on Malta and Gozo. It enables users to browse listings, create accounts, subscribe to premium features (including Owner Contact Details access), and communicate with us, and includes estate-agent onboarding and lead-sharing workflows.
3.2 The Platform is not a valuation service, legal practice, or financial adviser. We may provide digital listing, lead-sharing, and related intermediation features only to the extent lawfully permitted and, where required, through duly licensed or authorised persons in accordance with applicable Maltese law.
3.3 Unless expressly stated for a specific feature, we do not negotiate, arrange, or conclude Transactions. All dealings remain exclusively between the relevant parties.
3.4 We reserve the right, at our sole discretion, to determine which features, services, content, and user categories are made available, and to modify, restrict, or withdraw any of them at any time.
4.1 You must be at least 18 years old and have legal capacity to enter a binding agreement under Maltese law.
4.2 By using the Platform, you represent that all information you provide is accurate and that you are not acting in contravention of any law, court order, or regulatory restriction.
4.3 Licensed estate agents and other property intermediaries may only use agent-specific features through our designated approval process (see Section 8). Unlicensed intermediaries are prohibited.
4.4 If we believe you are under 18 or have provided false information, we may terminate your access without notice.
5.1 Certain features require an Account. We may refuse registration at our discretion for any reason not prohibited by law.
5.2 You are solely responsible for maintaining the security of your Account, devices, and credentials, and for all activity under your Account.
5.3 You must keep your information accurate and up to date.
5.4 We may impose verification requirements, access limits, and security measures as we see fit.
6.1 Certain features are available only to Paying Members, including access to Exclusive Data such as Owner Contact Details.
6.2 Membership plans, pricing, and features are as displayed on the Platform and may change for future periods or new subscribers.
6.3 Payments are processed through a third-party payment provider. By subscribing, you also accept that provider's terms. We do not store your full payment card details.
6.4 Subscriptions may renew automatically unless cancelled before the next billing cycle.
You acknowledge and agree that the core membership benefit is access to Exclusive Data, including Owner Contact Details and lead information. Once Exclusive Data has been disclosed to you, that disclosure is irrevocable — the information cannot be unseen, recalled, or erased from your knowledge. This is a fundamental characteristic of the service which underpins the billing and refund terms set out below.
7.1 Membership fees are non-refundable. Because the membership service involves the disclosure of Exclusive Data that cannot be recalled or reversed once accessed, the value of the service is consumed upon disclosure. No refunds, credits, or pro-rata adjustments will be issued for any reason, including but not limited to early cancellation, non-use, dissatisfaction, or partial-period usage.
7.2 You may cancel your subscription at any time through the billing management tools provided on the Platform.
7.3 Cancellation takes effect at the end of the current paid billing period (monthly or yearly, as applicable). You retain access to membership features until the end of that period. No early termination is available.
7.4 If you are a consumer, you may have a statutory right of withdrawal under applicable Maltese and EU consumer law. However, by subscribing and using the membership service, you:
7.5 This does not affect any mandatory rights that cannot lawfully be excluded under Maltese or EU law.
7.6 If a payment fails, is reversed, or is subject to a chargeback, we may immediately suspend or terminate your access without notice. We reserve the right to pursue recovery of amounts owed, together with reasonable administrative costs, to the fullest extent permitted by law.
8.1 We may offer an estate-agent approval process at our discretion.
8.2 Applicants must hold a valid licence under the Property Market Agency Act (Chapter 644), hold an active paid membership, and provide such information and confirmations as we require.
8.3 Approval is not guaranteed and may be granted, refused, suspended, or revoked at our sole discretion.
8.4 Approved Estate Agents must use lead data strictly for legitimate property-related purposes in compliance with applicable law. Any other use is a material breach.
8.5 Misuse of lead data may result in immediate and permanent revocation of all access without refund, and referral to the relevant authorities.
9.1 You may use the Platform only for its intended purpose: lawful property browsing, genuine enquiries, account management, and related activity.
9.2 Your right to use the Platform is limited, personal, revocable, non-exclusive, non-transferable, and conditional on compliance with these Terms.
9.3 We may revoke or restrict any user's access at any time for any reason not prohibited by mandatory law.
10.1 You must not:
10.2 Breach of this section is a material breach entitling us to exercise all available remedies, including immediate termination without refund.
11.1 Listings are managed and published by us. We reserve the absolute right to accept, refuse, edit, reformat, unpublish, or remove any listing at any time for any reason.
11.2 Information in listings is supplied by third parties and has not been independently verified by us unless expressly stated. We make no representation as to its accuracy, completeness, legality, or current availability.
11.3 We are not a party to any Transaction. You must carry out your own due diligence and obtain independent professional advice before acting on any Property Data.
11.4 We may change how listing or internal workflow information is presented or captured (including field grouping, checkbox/tickbox controls, text inputs, and similar interface components) without changing the legal effect of these Terms or the underlying obligations of users.
11.5 For internal listing-confirmation and administration workflows, we may require specific data formats and validation rules (including numeric-only fields and date formatting such as YYYY-MM-DD). We may reject, block, or require correction of non-conforming submissions.
12.1 Listing prices are informational only and do not constitute an offer.
12.2 Prices must reflect the owner's net asking amount, exclusive of commissions or undisclosed charges. Listings that breach this rule may be removed without notice.
13.1 Images must depict the property lawfully and clearly. We may process, resize, compress, reorder, or remove images at our discretion.
13.2 Prohibited content includes (without limitation): explicit, violent, hateful, or illegal material; sexualised content involving minors (zero tolerance); doxxing material; misleading overlays; and irrelevant images.
13.3 By uploading images, you warrant that you hold all necessary rights and you grant us a worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, and display them in connection with the Platform.
13.4 Serious or repeated violations may result in account suspension, permanent blocking, and referral to the authorities.
14.1 Owner Contact Details constitute Exclusive Data. Access is available only to Paying Members with a valid subscription.
14.2 Each access event may be logged for security and audit purposes.
14.3 Owner Contact Details are provided solely for a genuine property enquiry relating to the specific listing concerned.
14.4 You must not use Owner Contact Details for spam, unsolicited marketing, harassment, bulk outreach, database building, resale, sharing with third parties, or any purpose other than a genuine enquiry for the specific listing. Breach of this clause is a material breach.
14.5 We do not guarantee that Owner Contact Details are accurate, current, or that the owner will respond.
14.6 Once Owner Contact Details have been disclosed to you, that disclosure is irrevocable. This is the basis on which membership fees are non-refundable (see Section 7).
15.1 Registered users may save search preferences and may opt to share them with Approved Estate Agents. This sharing is voluntary and may be disabled at any time.
15.2 We do not guarantee the quality, conduct, or responsiveness of any estate agent or lead outcome.
16.1 By creating an Account, you consent to receive service-related communications through the channels linked to your account, including verification codes, account notices, and legally required messages.
16.2 You may opt out of non-essential communications where we provide that option. Essential messages may still be sent.
16.3 We are not responsible for delivery failures caused by third-party infrastructure, carriers, or devices. Carrier charges are your responsibility.
17.1 All intellectual property in the Platform — including software, branding, design, databases, listing content, photographs, descriptions, and arrangements — is owned by or licensed to Xalata. All rights are reserved.
17.2 You are granted no right to copy, reproduce, scrape, download, redistribute, train AI systems on, create derivative works from, or commercially exploit any Platform content without our prior written consent.
17.3 Unauthorised use may result in immediate suspension, permanent blocking, injunctive proceedings, and claims for damages and account of profits under the Copyright Act (Chapter 415), the Commercial Code (Chapter 13), and other applicable law.
18.1 We process personal data in accordance with the GDPR, the Data Protection Act (Chapter 586), and our Privacy Policy.
18.2 Where you receive personal data through the Platform (including Owner Contact Details or lead data), you become a data controller in respect of that data and bear all obligations arising under the GDPR. You must not misuse, sell, repurpose, or unlawfully disclose such data.
18.3 Further details of data categories, legal bases, processors, and your rights are set out in our Privacy Policy.
19.1 The Platform uses strictly necessary cookies only: a session cookie for secure sessions and a persistent device-security cookie used for login protection and device-management controls. No analytics, advertising, or tracking cookies are currently used.
19.2 See our Cookie Policy for further details. We may introduce additional cookies in future and will update our Cookie Policy accordingly.
20.1 The Platform relies on third-party providers for payment processing, communications, hosting, content delivery, and related infrastructure.
20.2 We are not responsible for the acts, omissions, outages, failures, or security incidents of any third-party provider.
20.3 Details of our processors and data-sharing arrangements are set out in our Privacy Policy.
21.1 We may monitor, review, moderate, restrict, edit, or remove content, accounts, or features at any time without prior notice, for legal compliance, user safety, fraud prevention, quality control, or protection of our interests.
21.2 We are not obliged to publish or maintain any content or listing. Our moderation decisions are final, subject only to any applicable requirements under the Digital Services Act (EU) 2022/2065.
21.3 We are under no general obligation to monitor user content. Where we obtain actual knowledge of illegal content, we will act in accordance with applicable law.
22.1 We may suspend, restrict, block, or terminate your access immediately, without prior notice and without liability, for:
22.2 Termination does not entitle you to any refund (see Section 7). Rights and obligations accrued before termination survive, including payment obligations and liability for breach.
22.3 We are not obliged to allow re-registration after blocking.
22.4 We may retain records after termination where necessary for legal, compliance, evidential, or legitimate business purposes.
23.1 You may report unlawful, abusive, or problematic content or conduct through the reporting tools on the Platform.
23.2 We will assess reports in accordance with our obligations under applicable law and may take action where appropriate, but submission of a report does not guarantee a specific outcome.
23.3 We may reject manifestly unfounded, abusive, or bad-faith complaints.
24.1 The Platform is primarily a digital listing, search, membership-contact-access, and lead-workflow service. We do not provide legal, financial, valuation, architectural, surveying, or other professional advice. We owe no fiduciary or advisory duty.
24.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.
24.3 We do not warrant that any listing is accurate, lawful, or current; that any property exists or matches its description; that any user is truthful, licensed, or solvent; or that any Transaction will occur.
24.4 You are solely responsible for independent due diligence and professional advice before acting on any information from the Platform or entering any Transaction.
24.5 Nothing in these Terms excludes mandatory consumer rights that cannot lawfully be excluded.
25.1 To the fullest extent permitted by law, Xalata shall not be liable for any indirect, incidental, special, consequential, or exemplary loss or damage, including loss of profit, revenue, data, business, opportunity, goodwill, or reputation, howsoever arising.
25.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) €100.
25.3 These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such loss.
25.4 Without limiting the above, we are not liable for any loss arising from: any Transaction or interaction between you and any third party; any inaccuracy in Property Data; any decision you make in reliance on the Platform; or any act or omission of a third-party provider.
25.5 Nothing in this section excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
25.6 You acknowledge that these limitations are reasonable given that the Platform is a free-to-browse advertising service with optional paid features, and that Xalata could not offer the Platform on commercially viable terms without them.
26.1 You agree to indemnify, defend, and hold Xalata and its officers, directors, employees, and agents harmless from any claims, liabilities, losses, damages, costs, and expenses (including legal fees on a full-indemnity basis) arising from:
26.2 We may, at your expense, assume exclusive control of the defence of any indemnified claim.
27.1 We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, governmental action, sanctions, power failures, telecommunications outages, cyberattacks, or failures of third-party providers.
28.1 We may modify, suspend, rebrand, re-price, or discontinue any feature or part of the Platform at any time, with or without notice and without liability.
28.2 We do not guarantee continuous availability.
28.3 We may determine and render the Platform domain, scheme, and related links dynamically from runtime request context (including proxy or forwarded headers), and such operational domain resolution does not constitute a contractual change to the service.
29.1 You may not assign your rights or obligations under these Terms without our written consent. Any purported assignment is void.
29.2 We may assign or subcontract our rights and obligations at any time without your consent, including in connection with a merger, acquisition, or reorganisation.
30.1 We may send notices through the Platform, email, WhatsApp, or any contact channel associated with your Account. Platform notices may appear on the active runtime domain or host used to deliver the service at the time of access.
30.2 Notices are deemed received: immediately on the Platform; one business day after email or WhatsApp; or upon actual receipt otherwise.
30.3 Notices to us must be sent through the Contact page on the Platform.
31.1 These Terms are governed by the laws of Malta.
31.2 Business users and Approved Estate Agents submit to the exclusive jurisdiction of the courts of Malta.
31.3 Consumer users retain any mandatory jurisdictional rights under EU Regulation 1215/2012 (Brussels I bis) and may bring claims before the Consumer Claims Tribunal (for claims up to €3,500) or their Member State courts.
31.4 The European Commission's ODR platform (https://ec.europa.eu/consumers/odr) is available for cross-border consumer disputes.
31.5 Before formal proceedings, you agree to contact us and allow thirty (30) days to resolve the dispute informally. This does not apply to urgent injunctive relief or where mandatory law requires otherwise.
32.1 We may amend these Terms by publishing an updated version with a new effective date.
32.2 Material changes may be notified by additional means where feasible.
32.3 Continued use of the Platform after revised Terms take effect constitutes acceptance. If you disagree, you must stop using the Platform and cancel any subscription.
33.1 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed. The remainder continues in full force.
33.2 Waiver. No delay or failure to exercise any right constitutes a waiver.
33.3 Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Xalata regarding the Platform.
33.4 Survival. Provisions relating to intellectual property, data protection, disclaimers, limitation of liability, indemnity, governing law, and any other provisions which by their nature should survive, survive termination of these Terms.
34.1 For questions, complaints, legal notices, or support, please use the contact form on the Platform or the communication channels published there.
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Last updated: 2026-05-12. Version: 1.0.