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General Terms and Conditions of Use of the Website Immostreet.ch
These General Terms and Conditions of Use of the Website ImmoStreet.ch (hereinafter referred to as the "General Conditions") define the legal relationship between yourself ("You") and ImmoStreet.ch SA ("ImmoStreet.ch") concerning the use of the website www.immostreet.ch (the "Website") and all services made available by ImmoStreet.ch and its partners through the Website.
The use of services offered by third parties, or third-party websites to which the Website is linked using hypertext links may be subject to the general conditions of their respective operators.
By using the Website, and accessing the content published therein, or by availing Yourself of the services offered by ImmoStreet.ch, You expressly accept these General Conditions, which shall take effect as soon as You access the Website.
You accept that ImmoStreet.ch shall provide its services under the express condition that You comply with these General Conditions at all times. If You do not accept these General Conditions, please abstain from accessing the Website and using the services offered therein.
ImmoStreet.ch reserves the right to prohibit You from using the Website and availing Yourself of its various services at any time, if ImmoStreet.ch considers that You are not complying with these General Conditions. ImmoStreet.ch also reserves the right to take legal action against any users making illicit use of the Website and to lodge claims for any damage caused by such use.
2. ImmoStreet.ch services
Through the Website ImmoStreet.ch, ImmoStreet.ch offers You various online services, some of which are free of charge, others in return for payment.
ImmoStreet.ch reserves the right to amend both the content and the form of its services at any time and even to withdraw the offer of certain services. ImmoStreet.ch may adapt its equipment to technical requirements and amend its range of offers at any time without prior notice. By using the Website, You confirm that you accept such amendments.
ImmoStreet.ch also reserves the right to call upon third parties to provide its services at any time.
2.2.Undertaking of ImmoStreet.ch
ImmoStreet.ch undertakes to provide its services with due diligence and in a professional manner.
ImmoStreet.ch will do its utmost to make the Website accessible at all times. However, You hereby acknowledge that the Website may be temporarily inaccessible due to maintenance work, technical issues or for other reasons and thus that ImmoStreet.ch offers no guarantees as to the availability of the Website or the content published therein.
2.3.Absence of offer
The content and information available on the Website do not constitute an offer, invitation to present an offer, or recommendation in respect of rental, purchase or sale, financing or insurance of property or investments in financial products.
2.4.Absence of guarantees
To the extent of the resources at its disposal, ImmoStreet.ch shall do its utmost to authorize publication on the Website only of current and accurate data.
However, since all information relating to property published on the Website is provided by advertisers and since ImmoStreet.ch is not in a position to check such information, ImmoStreet.ch offers no guarantees as to the accuracy or exhaustive nature of such data. Consequently, it is Your responsibility to carry out all necessary checks as regards the content of listings and other information published on the Website in respect of properties listed therein, by contacting the advertisers concerned or by any other appropriate means.
2.5.Transactions relating to property listed
ImmoStreet.ch is not a party to transactions of sale, purchase, rental or other transactions relating to property listed on the Website, for which the users concerned shall be solely responsible and liable.
Information published on the Website does not constitute decision-making assistance regarding legal, tax or other issues. It is recommended that You contact a qualified advisor to obtain a professional opinion on such issues.
The information appearing on the Website is made available to You for Your private and individual use.
No Website data may be used or disseminated (by electronic means or in written form on paper or other means) for commercial purposes without prior written authorization from ImmoStreet.ch.
In the event of unauthorized full or partial reproduction of Website data taking place, You hereby accept to pay a fixed amount of CHF 50.- per listing reproduced.
3. Registering with ImmoStreet.ch
You must register with ImmoStreet.ch in order to benefit from certain services offered through the Website.
Personal data that you communicate to ImmoStreet.ch upon registration (including your email address in order to receive the ImmoStreet.ch Newsletter) is managed by ImmoStreet.ch pursuant to the provisions of its personal data protection charter that can be accessed here.
You are solely responsible for the content of Your registration and personal data that You communicate to ImmoStreet.ch.
You undertake to provide all of the information required by ImmoStreet.ch for your registration in full and accurately, and to make any changes in Your personal data immediately.
You are responsible for managing your access codes (username/password) carefully, confidentially and using every precaution. ImmoStreet.ch shall not be held liable for improper use of access codes or damage resulting from undue access by third parties.
You undertake to inform ImmoStreet.ch immediately of any unauthorized use of your access codes or any improper behaviour noted on the Website.
ImmoStreet.ch will do its utmost at all times to protect the Website using appropriate measures against any unauthorized access or illicit use by third parties. Since absolute protection can, however, not be guaranteed, ImmoStreet.ch shall not be held liable for the consequences of improper use of Your personal data that might occur despite the measures deployed.
By registering with ImmoStreet.ch and giving your email address, You accept that You will be sent an electronic Newsletter. You can unsubscribe from the Newsletter at any time by clicking on the relevant link in the body of the Newsletter.
4. Publication of content on the Website
ImmoStreet.ch offers You various options to publish your own content such as advertisements, comments, reviews, videos, pictures, additions to the listing in the telephone directory, etc., in the different sections of the Website (hereinafter referred to as "Your Content").
You do not acquire rights to the online publication of your Content and ImmoStreet.ch reserves the right to refuse to publish any content or to withdraw from the Website all or part of Your Content at any time and without stating a reason. Refusal to publish Your Content or the withdrawal of Your Content shall not incur any liability, and does not give your the right to compensation of any nature whatsoever.
In particular, ImmoStreet.ch reserves the right to block, delete or refuse to publish Your Content if it is considered not to be compliant with these Conditions of Use.
Your Content and the content published on the Website by other users is an expression only of the authors' opinions and is not a reflection of the opinion of ImmoStreet.ch or its partners.
The publication of listings is subject to the specific rules described in Article 5 hereinbelow.
You grant ImmoStreet.ch express authorization to include the data in Your listings, including items related thereto such as text, graphics, images, plans, etc., in its own other Online and Offline services as well as those of its partners. You accept that there are no rights to publication in such media and that ImmoStreet.ch is authorized to interrupt, amend or completely withdraw publication in any such media, free of charge, at any time and without stating a reason.
You hereby authorize ImmoStreet.ch to use listings data for its own other purposes and those of third parties, such as the preparation of statistics, or to save such data and process it with a view to publication.
5. Publication of online listings on the Website
ImmoStreet.ch offers you the option to place listings on the Website in return for payment.
Listings are published on the Website for a period defined during the data entry procedure.
5.2.Data entry and payment
Publication of listings shall give rise to an online data entry procedure which shall be considered as having been concluded upon receipt of Your electronic order by ImmoStreet.ch. ImmoStreet.ch informs You of receipt of Your order by means of an automatically generated order confirmation.
The obligations of ImmoStreet.ch in respect of the publication of listings shall only commence upon receipt of full payment relating thereto.
The placing of listings on the Website corresponds to the product chosen and the details entered.
Your are solely responsible for the design and content of listings that You send to ImmoStreet.ch for publication on the Website, particularly as regards the truthful and exhaustive nature and accuracy of information provided.
ImmoStreet.ch reserves the right to refuse to publish any listing submitted for publication whether due to its provenance, technical format or quality, or if ImmoStreet.ch considers, at its own discretion, that the content of the listing does not comply with these General Conditions.
6. Your obligations
ImmoStreet.ch authorizes You to access the Website and to use the services proposed therein under the following conditions:
a. You undertake not to amend the appearance of all or part of the Website and not to infringe or attempt to infringe its functioning in any way whatsoever, in particular by introducing data containing computer viruses, worms, Trojan horses, etc. You also undertake not to use Website services in such a way as to restrict the availability of the Website for other users.
b. You undertake not to collect data included on the Website using systems such as robots, spiders or by any other means. You undertake not to copy, publish or reproduce content appearing on the Website in any other way, especially on the Internet. Any reproduction of content in media, particularly with a view to making the latter publicly available on another Internet site shall be subject in all cases to prior written authorization from ImmoStreet.ch.
c. You also undertake not to collect personal data from Website users.
d. You undertake not to make improper use of the services offered by ImmoStreet.ch and to abstain from any illicit acts through or relating to the Website or the services offered by ImmoStreet.ch.
e. You undertake only to publish on the Website content that complies with Swiss law and not to publish or attempt to publish content that
i. infringes third-party personality rights, their honour or their intellectual property rights;
ii. is illicit or contrary to standards of good behaviour, in particular violent or obscene content, incitement to racism or violence, lack of decency, breach of moral standards or constitutes acts of unfair competition; or
iii. content of a political nature.
f. You undertake only to publish on the Website content, including listings, for which You hold all adequate rights and authorizations to this effect.
7. Intellectual property
Apart from Your Content and content from other users, all Website content, in particular data, graphics, images, videos and other information (hereinafter referred to as “ImmoStreet.ch Content”), is the exclusive property of ImmoStreet.ch and/or its partners.
All existing or future intellectual property rights or commercial secrets relating to ImmoStreet.ch or ImmoStreet.ch services shall remain the property of ImmoStreet.ch and/or its partners.
ImmoStreet.ch hereby grants You a licence authorizing You to consult and use ImmoStreet.ch Content in compliance with these General Conditions.
You remain the holder of all intellectual property rights to Your Content.
By publishing Your Content on the Website, You accept the following:
7.2.1. You authorize its consultation and use by other Website users according to the terms of these General Conditions throughout the period during which Your Content is available on the Website.
7.2.2. You grant ImmoStreet.ch a free, worldwide and irrevocable licence for Your Content authorizing it to reproduce, amend and disseminate Your Content on the Website, other Internet sites or other media. You grant such licence to ImmoStreet.ch for the whole period during which Your Content is available on the Website.
7.2.3. You undertake to comply with third-party rights (including through the use of links to third-party content).
8. Liability and compensation
ImmoStreet.ch declines any liability in the event of damage related to your Use of the Website and the Services offered therein by virtue of these General Conditions, apart from cases of damage caused intentionally or through gross negligence.
The amount of compensation due by ImmoStreet.ch, if appropriate, shall be limited to the amount that You have paid ImmoStreet.ch in order to benefit from the service concerned.
Furthermore, liability of ImmoStreet.ch for any indirect or mediate damage, particularly loss of profit or opportunity, non-concluded business, loss of information, documents, hardware or software is explicitly excluded.
You undertake to compensate ImmoStreet.ch for any damage that ImmoStreet.ch might suffer as a result of your violation of these General Conditions and you undertake to hold ImmoStreet.ch harmless from and against any legal action initiated by a third party related to Your use of the Website and the publication of Your Content.
In particular, You undertake to compensate ImmoStreet.ch and its partners for any damage, including any lawyers' fees, resulting from the publication of Your Content on the Website, particularly in the event of third-party claims founded on a violation of their intellectual property rights or other rights, or where listings published are contrary to reality, incomplete or misleading in any way whatsoever.
9. Price, billing and terms of payment
The net price agreed shall be considered as binding for the publication period agreed. Statutory value-added tax, calculated at the rate in force, is not included in the price and will be billed as a supplement.
Payments relating to services offered shall be made using only credit cards accepted by ImmoStreet.ch.
Payment is final and shall not give rise to any refunds, including in the following cases:
· If a transaction (sale, rental, etc.) relating to the property presented in Your listing is concluded before the date of expiry of Your listing.
· If Your listing is withdrawn from the Website by ImmoStreet.ch for any reason whatsoever prior to its date of expiry.
10. Language versions
ImmoStreet.ch makes available translations of these General Conditions and its Confidentiality Policy in German, English and Italian. You hereby acknowledge that such translations are provided for convenience only, and that the French language version alone shall be legally binding. If there is a contradiction between a translated version and the French version, the stipulations of the French version shall prevail.
11. Final provisions
ImmoStreet.ch reserves the right to amend the Conditions of Use at any time. Amendments shall take effect once they are published on the Website. It is Your responsibility to connect to the Website at regular intervals in order to be apprised of any amendments to these General Conditions.
The nullity of one or more provisions shall not compromise the validity of other provisions in any way.
These General Conditions are subject to Swiss substantive law.
Any dispute resulting from the application or interpretation of these General Conditions shall be under the sole jurisdiction of the Courts of Lausanne.
ImmoStreet.ch SA (Lausanne).
ImmoStreet.ch, [ ● ] 2012