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General Terms | HomeSeeker

These General Terms and Conditions of Use of the Website HomeSeeker (hereinafter referred to as the “General Conditions”) define the legal relationship between the client (“the client”) and homeseeker.ch (“HomeSeeker”) concerning the use of the website www.homeseeker.ch (the “Website”) and all services made available by HomeSeeker and its partners through the Website.

These GTC apply to all use made of the Website, particularly the submission and viewing/download of advertisements and the submission and viewing/download of other materials on the Website. Separate general terms and conditions apply to the publication of online advertising (e.g. online banner advertisements).

Users: Users means all the visitors and users of the Website, particularly the clients and inquirers.

Clients: Clients means, in addition to the advertisers of real estate offers, all other advertisers offering services on the Website, e.g., the providers of financial services.

Corporate clients: Corporate clients means the clients who are companies and/or professional lettings and sales agents.

Private clients: Private clients means the private individuals who do not meet this criteria and submit advertisements to the Website.

Inquirers: Inquirers means the persons interested in the clients’ offers.

HomeSeeker are referred to hereinafter in its corporate name and is not to be subsumed under the terms «user», «client» «corporate clients» and «inquirer».

a) General information
Through the Website, HomeSeeker offers the client various online services, some of which are free of charge, others in return for payment.

b) Absence of offer with HomeSeeker
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.

c) Offers on the Website
The Website can be used by clients to place offers and by inquirers to search for offers. Only letting or sales offers concerning real estate are admitted as advertisements on the Website. The term «real estate» is given broad meaning such that it includes in particular land plots, construction land, houses, apartments, furnished apartments and parking spaces.

HomeSeeker also reserves the right to call upon third parties to provide its services at any time.
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 himself/herself of the services offered by HomeSeeker, the client expressly accepts these General Conditions, which shall take effect as soon as the client accesses the Website.

The client accepts that HomeSeeker shall provide its services under the express condition that the client complies with these General Conditions at all times. If the client does not accept these General Conditions, he/she’s asked to abstain from accessing the Website and using the services offered therein.

HomeSeeker reserves the right to cancel within 14 days any agreement entered into by an employee or an agent of HomeSeeker or any agreement entered into with the customer via the Internet without stating a reason and without liability for damages. In the event of any use of the services by the client in contravention of the provisions of the agreement or which is unlawful or immoral or in the event the client has given cause for complaints due to the poor quality of the data submitted to HomeSeeker, such as advertisement publication data, HomeSeeker may immediately withdraw from the agreement and discontinue the provision of services without prior notice to the client and without liability for damages; in such event the client has not right to reclaim payments made in advance for a certain period of time.
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The online offers are generally available 24 hours per day. HomeSeeker, however, cannot ensure minimum availability. HomeSeeker reserves the right to make all or part of the online offers unavailable. Particularly if the client is suspected of using the online offers in a contractually non-conform, unlawful or immoral manner, HomeSeeker may delete the content and accounts concerned without notice and without stating reasons. In the event of changes, interruptions and down time of the online offers, and deletion of content, the client does not have the right to rescind a contract and/or to a reduction in price or refund or compensation.

If not expressly agreed otherwise, HomeSeeker’s currently valid price list applies for calculating the price of the corresponding product. These price lists are retrievable at any time on the Internet under the corresponding applications. HomeSeeker reserves the right to adjust the prices to the market and/or price trends. These price adjustments, if not expressly agreed otherwise, shall also be applied to ongoing contracts. The prices, if not expressly agreed otherwise, are net in Swiss francs including VAT.

The services are built on predetermined periods of time chosen by the client at the time of online payment. The client accepts that these benefits are not refundable. These services stop themselves on the day of their predefined deadlines. The client can extend its offerings with a new online payment.

Changes to prices and conditions take effect with regard to all clients simultaneously and also apply to on-going real estate advertisement contracts.

HomeSeeker 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.

HomeSeeker offers the client various options to publish his/her own content such as advertisements, comments, reviews, videos, pictures in the different sections of the Website.

Publication of listings shall give rise to an online data entry procedure which shall be considered as having been concluded upon receipt of the electronic order of the client by HomeSeeker. This one informs the client of receipt of his/her order by means of an automatically generated order confirmation.

The obligations of HomeSeeker 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.

a) Right to publish ads on HomeSeeker

HomeSeeker reserves the right to refuse to publish any listing submitted for publication whether due to its provenance, technical format or quality, or if HomeSeeker considers, at its own discretion, that the content of the listing does not comply with these General Conditions.

The client does not acquire rights to the online publication of his/her content and homeSeeker reserves the right to refuse to publish any content or to withdraw from the Website all or part of his/her content at any time and without stating a reason. Refusal to publish his/her content or the withdrawal of his/her content shall not incur any liability, and does not give him/her the right to compensation of any nature whatsoever.

The client does not acquire rights to the online publication of his/her content and HomeSeeker reserves the right to refuse to publish any content or to withdraw from the Website all or part of his/her content at any time and without stating a reason. Refusal to publish the content of the client or the withdrawal of his/her content shall not incur any liability, and does not give him/her the right to compensation of any nature whatsoever.

b) Client responsibility

The content of the client 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 HomeSeeker or its partners.

The client is solely responsible for the design and content of the advertisements transmitted to HomeSeeker for publication on the Website, in particular as regards the truthfulness, accuracy or completeness of information provided.

Ownership of the texts, work products and images supplied by clients (e.g. photographs, plans, films etc.) remains with the client. Client approval of the printing proof is given upon submitting the advertisement order.

c) Insertion data

The client grants HomeSeeker express authorization to include the data in his/her 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. The client accepts that there are no rights to publication in such media and that HomeSeeker is authorized to interrupt, amend or completely withdraw publication in any such media, free of charge, at any time and without stating a reason.

The client hereby authorizes HomeSeeker 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.

d) HomeSeeker’s relationship with the real estate business

Business transactions relating to the clients’ offers on the Website (particularly the real estate advertisements published by clients on the Website) are concluded exclusively between the client and the inquirer.

a) Registering with HomeSeeker

The client must register with HomeSeeker in order to benefit from certain services offered through the Website.

HomeSeeker reserves the right to prohibit the client from using the Website and availing him/herself of its various services at any time, if HomeSeeker considers that the client is not complying with these General Conditions. HomeSeeker 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.

HomeSeeker considers a client to be a person who uses the user identification and password, irrespective of whether this person actually owns access rights.

b) Responsibility for the Content of the Advertisements; Additional obligations of Users

The user is responsible for its conduct, the content of its advertisements and offers, and for any additional data it submits. The user particularly guarantees that such data is legal, accurate and up-to-date. The user is responsible for safeguarding the confidentiality of its user data and for all activities carried out through its access. The user is in particular obliged to keep its user names and passwords confidential and not to make them accessible except to authorized persons within the company, where applicable. The user is liable for any misuse of its usernames and passwords.

c) Access to the Offers

Technical access to the Website is obtained through a provider chosen by the user itself and by using software downloaded by the user from third parties via the internet, and does not fall within the responsibility of HomeSeeker. Parts of the offered content are accessible only after prior registration and/or identification of the user. Users can register by choosing an ID and a password which serve as identification for each login.

a) Due diligence

HomeSeeker undertakes to provide its services with due diligence and in a professional manner.

HomeSeeker will do its utmost to make the Website accessible at all times. However, the user hereby acknowledges that the Website may be temporarily inaccessible due to maintenance work, technical issues or for other reasons and thus that HomeSeeker offers no guarantees as to the availability of the Website or the content published therein.

b) Absence of guarantees

To the extent of the resources at its disposal, HomeSeeker shall do its utmost to authorize publication on the Website only of current and accurate data.

HomeSeeker is exclusively entitled to all proprietary rights and brands as well as to the know-how used for the HomeSeeker applications and online platforms. To the extent contractual use of the HomeSeeker application by the client is contingent on rights of use of HomeSeeker proprietary rights, brands and/or know-how, these shall be issued by HomeSeeker to the client non-exclusively, non-transferably and to the extent required for the duration of the corresponding agreement. If the client makes arrangements with HomeSeeker to use a third-party application, this section shall also apply analogously to such application.

The rights granted to the client for the use of HomeSeeker applications and online platforms and third-party applications are personal and non-transferable.

All item documents, photos and templates created by HomeSeeker on behalf of the client are the property of the client.

The operation and administration of the HomeSeeker applications and online platforms shall be carried out by HomeSeeker. HomeSeeker is entitled to involve third parties to meet its service obligations.

HomeSeeker will do its utmost to keep the operation of the HomeSeeker applications and online platforms as trouble free as possible and to minimize periods of interruption required for correcting faults, maintenance work, introducing new technologies and similar issues. Further technical developments shall be introduced at the sole discretion of HomeSeeker.

The applications of third parties shall be operated and administered by the corresponding third parties. Further technical developments shall be introduced at the sole discretion of these parties.

All the rights in the software and other work products, services, procedures, equipment, designs, technologies, trademarks, companies, inventions, and in all materials which are in any way connected to the Website, and in particular in the content and information owned and made available by HomeSeeker, remain with HomeSeeker or its suppliers.

a) Exclusion of liability

The liability of HomeSeeker for damage to the user’s equipment, to its data and software, is specifically excluded. The traffic is conducted over a public network, the internet. All warranties and liability of HomeSeeker are excluded with regard to any software supplied by HomeSeeker and any consequences arising from and during the transport of the software via the internet.

b) Risks

As a result of the installed encryption device it is generally not possible for unauthorized persons to view the confidential data. However even the most advanced information technology security measures cannot guarantee absolute security for the Website and for the user. While the user’s equipment or network interacts with the systems of the Website as a system part, it falls outside the control of HomeSeeker and, in particular, the user’s equipment or network can become a weak spot of the system.

The user acknowledges in particular the following risks:

• Insufficient system knowledge and defective security measures can facilitate unauthorized access (e.g. insufficiently protected storage of data on the hard disk). A computer which is in contact with the outside world is exposed to the constant risk of infection by viruses which can spread, whether through computer networks (e.g. internet) or disks. The installation of anti-viral programs can lessen this risk and users are recommended to install such programs. It is the user’s responsibility obtain precise information about the necessary security measures.
• It is important that the user only use software from trustworthy sources.
• It is possible for a third party to obtain access to the computer unnoticed when the user is on the internet.
• The functioning of the internet cannot be guaranteed. It is in particular possible for transmission errors, technical defects, disruptions, unlawful access to network features, network overload, wilful blockage of electronic accesses by third parties, interruptions or other inconveniences on the part of the network provider, to occur.

a) Data protection/publication network

The client shall permit HomeSeeker to integrate data such as online advertisement publication data and print advertisement data, including the accompanying elements, such as texts, graphics, images, plans etc., into the HomeSeeker Website as well as into additional in-house online and offline services as well as those of third parties in accordance with the agreement. There is no entitlement to publication within these media. HomeSeeker may interrupt, modify or entirely cease publication within the publication medium at any time, for any reason whatsoever, without consequences as to costs. HomeSeeker may also use or otherwise publish the advertisement publication data for its own additional purposes and the purposes of third parties, for preparing statistics, for example, and store and edit the data for this purpose. The client expressly consents to the direct and/or indirect transfer of any data necessary for the use of third-party applications from the application provided by HomeSeeker to the third-party application as well as to the storage of such data in their database(s). The customer expressly consents to the use of the data by third parties.

b) HomeSeeker’s commitment

HomeSeeker is obligated to comply with the applicable data protection provisions. HomeSeeker is not in a position to comprehensively assure the confidentiality, genuineness and authenticity of the client’s data published online. The client acknowledges in particular that personal data can also be retrieved in countries that do not recognize data protection provisions comparable to those in force in Switzerland.

Personal data that the client communicates to HomeSeeker upon registration (including your email address in order to receive the HomeSeeker Newsletter) is managed by HomeSeeker pursuant to the provisions of its personal data protection charter that can be accessed here.

HomeSeeker collects data only to the extent necessary and handles them with care.

HomeSeeker 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, HomeSeeker shall not be held liable for the consequences of improper use of the client’s personal data that might occur despite the measures deployed.

c) The client’s commitment

The client is solely responsible for the content of his/her registration and personal data that he/she communicates to HomeSeeker.

The client undertakes to provide all of the information required by HomeSeeker for his/her registration in full and accurately, and to make any changes in his/her personal data immediately.

The client is responsible for managing his/her access codes (username/password) carefully, confidentially and using every precaution. HomeSeeker shall not be held liable for improper use of access codes or damage resulting from undue access by third parties.

The client undertakes to inform HomeSeeker immediately of any unauthorized use of his/her access codes or any improper behaviour noted on the Website.

When a user accesses and processes personal data (including from abroad) the user concerned is responsible for compliance with data protection. The storage of data on data carriers etc. should be handled restrictively, print-outs should be treated as confidential, personal data which is not needed should be immediately deleted, etc.

HomeSeeker complies with the provisions of the data protection law but cannot fully guarantee the confidentiality, the integrity, the authenticity and the availability of the personal data. The client or user acknowledges and accepts that personal data can also be viewed in countries where there is no legislation granting adequate data protection.

The clients acknowledge that all users have access to the published advertisements and to the data transferred to them by the clients or other users.

The client agrees that HomeSeeker may distribute the advertisements through other channels (e.g. in social media channels or mobile portals). The client consents to the advertisements it places not being freely available to third parties. The client prohibits third parties in particular from taking over advertisements from other online services and grants HomeSeeker the right to carry out any form of commercial distribution of the advertisements and offers.

The client takes note and approves that HomeSeeker may collect and store all data of and on customers, which are required for the ordinary processing during the client-customer-relationship. Such data may include, but are not limited to, contact details, credit rating and other information. HomeSeeker is obliged to respect the relevant data protection laws and regulations.

HomeSeeker uses Google Analytics on the Website. Google Analytics uses “Cookies”, which are text files placed on the client’s computer, to help the website analyze how the client uses the site. The information generated by the cookie about the use of the Website (including the customer’s IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the customer’s use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. The client may refuse the use of cookies by selecting the appropriate settings on the customer’s browser (the respective add-on can be downloaded on https://tools.google.com/dlpage/gaoptout?ht=de&hl=en), however, HomeSeeker points out that if the client does this the client may not be able to use the full functionality of the Website. By using the Website, the client consents to the processing of data about the client by Google in the manner and for the purposes set out above. The client acknowledges and consents to the fact that data about her/his contractual relationship with HomeSeeker can be transmitted by HomeSeeker to other companies within the same group of companies for the purpose of data processing.

The client is obligated to use the HomeSeeker applications and those of third parties in accordance with statutory and contractual provisions. The customer agrees in particular that:

• He/she will deliver all data submitted to HomeSeeker or third parties in the form and quality prescribed by HomeSeeker in accordance with the advertisement publication provisions of the corresponding applications;

• He/she is entitled to all data he/she has directly or indirectly provided to HomeSeeker or third parties via third parties such as graphics, photos, videos, pieces or clips of music, images, plans, texts, software and sounds and may use the data within the scope of the contractual agreements with HomeSeeker;

• The data submitted to HomeSeeker or third parties are complete and true and that he/she continuously keeps the data up to date;

• He/she accepts the respective terms of use.

The Website and the content and information owned and made available by HomeSeeker is made available to the users for their own private use. Users are prohibited from making any further commercial use, particularly re-publishing or providing access on the internet, of the content and information owned and made available by HomeSeeker. Likewise any further commercial use of the offers and advertisements of clients is reserved solely for the clients, unless otherwise provided in these GTC.

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 HomeSeeker.

In the event of unauthorized full or partial reproduction of Website data taking place, the client hereby accepts to pay a fixed amount of CHF 100.- per listing reproduced.

HomeSeeker 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 the client contacts a qualified advisor to obtain a professional opinion on such issues.

The liability of HomeSeeker for indirect damage and consequential damage such as lost earnings or third party claims is wholly excluded.

a) Client’s implication

HomeSeeker reserves the right to modify or completely rework the data submitted by the client for technical reasons.

The client assigns to HomeSeeker the exclusive right to use the data provided. The data may not be used, taken over, or copied by third parties. Even if the client grants her/his consent to such data retrieval, HomeSeeker is not obligated to permit retrieval. If HomeSeeker is held responsible by a third party in connection with an agreement with the client or in connection with the data and/or advertisement provided by the client, the client is obligated, when first requested to do so by HomeSeeker, to make available to HomeSeeker all documents and information deemed useful by HomeSeeker for the avoidance of the claims asserted. If HomeSeeker is sued in court by a third party in connection with an agreement with the client or in connection with the data provided by the client, the client is obligated to intervene in the action after a third party notice has been issued. The client is obligated, in any case, to all assume all court costs and out-of-court costs incurred by HomeSeeker in connection with such claims by third parties and fully indemnify HomeSeeker.

b) Warranty

The customer is entitled only to the right to require HomeSeeker to remedy defects for work that is evaluated under law governing contracts for services. Contract nullification and price reductions are excluded. To the extent permitted under law, HomeSeeker excludes any liability for consequential damage.

All warranties and liability of HomeSeeker, its governing boards, directors and officers, staff and auxiliaries are excluded to the extent legally permissible. All warranties and liability for the availability, service quality, accuracy and completeness of the Website and its content, for damage arising in connection with use of the access by anyone other than the person named in the registration, as well as for unlawful and immoral conduct by users and third parties, are in particular excluded.

c) Risk

The client bears all risks related to damage that may occur as a result of manipulation of her/his IT system, as a result of functional disruptions to her/his IT system and/or as a result of improper use of access rights.

d) Liability

The client is fully responsible for the content of the data s/he submits to HomeSeeker, such as online ads and print orders. HomeSeeker rejects any liability for the content submitted by the customer. In particular, HomeSeeker does not warrant or guarantee the goods and services offered or contracts that may result, such as purchase contracts. This also applies to advertisements and print orders that are included by HomeSeeker in the client’s order.

HomeSeeker is liable only in the event of intent or gross negligence. HomeSeeker is in no case liable for consequential damage and lost profits. If, despite all precautions, HomeSeeker cannot perform its obligations due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, the client shall not be entitled to contract performance for the duration of the event.

HomeSeeker is not liable for abuse of the Internet and associated damage incurred by the client via third parties, for security lapses and failures of third-party telecommunications networks and of the Internet or for operating disruptions and failures of the applications and online platforms and of HomeSeeker and of third parties. HomeSeeker assumes no liability for the software of other providers.

e) Use of third-party applications

For every use of third-party applications integrated into the HomeSeeker applications and/or Websites the client accepts the corresponding terms of use of these applications.

f) Covenant against offsetting

The client is not entitled to offset her/his claims against claims by HomeSeeker.

g) Covenant against assignment

The client is prohibited from transferring the contractual relationship with HomeSeeker to a legal successor without the prior written consent of HomeSeeker. Likewise, the client is prohibited from assigning rights or claims arising from the contractual relationship with HomeSeeker to third parties without HomeSeeker’s prior written consent.

Parts of the Website and certain services are not provided by HomeSeeker itself. The general terms and conditions of the relevant provider apply to the use of these services.

The user acknowledges that in some circumstances, use abroad of the Website and the offers it contains may contravene foreign laws. It is the responsibility of the user to obtain any relevant information. HomeSeeker does not accept any liability in this respect.

The user acknowledges that use of the Website abroad may result in a breach of import and export restrictions for the encryption algorithms where these exist.

By registering with HomeSeeker and giving his/her email address, the client accepts that he/she will be sent an electronic newsletter. He/she can unsubscribe from the newsletter at any time by clicking on the relevant link in the body of the newsletter.

HomeSeeker 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. HomeSeeker may adapt its equipment to technical requirements and amend its range of offers at any time without prior notice. By using the Website, the client confirms that he/she accepts such amendments.

In addition, HomeSeeker makes some of its own content and information (e.g. information on the real estate sector, furniture and financial services), whose contents and scope may vary in time, available on the Website. It is always made clear that such content and information originate from HomeSeeker. All other content and offers on the Website originate from the clients and advertising clients and not from HomeSeeker.

HomeSeeker reserves the right to adjust the GTC and all the other documents to future transactions at any time. The user and HomeSeeker are subject to the currently applicable version published on the internet.

If any provision of the GTC should be or become inoperative, the remaining provisions shall remain intact. In such cases, the contracting parties undertake to replace the inoperative provision with a provision which approximates as closely as possible the economic intent of the provision being replaced.

To be considered legally binding, modifications and supplements to written agreements made in addition to the General Terms and Conditions, the corresponding terms of use and the corresponding advertisement publication provisions shall be in writing and agreed to by both parties. This also applies to any waiver of the written form requirement.

This agreement shall be governed exclusively by Swiss law, excluding international conflicts of law provisions. The exclusive place of performance and legal venue is the registered office of Unique-Perform Sàrl, owner of the HomeSeeker Website. The company is also entitled to sue the customer at her/his registered office/place of residence.

These GTC were last amended on February 28, 2016.
Copyright by HomeSeeker. Any reproduction or distribution without prior written consent is prohibited. All rights reserved.

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