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.
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.
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.
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
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.