Last updated: on 26th March 2019
The Site as well as the App is powered and operated by the Company Lookmove SA (CHE-378.926.267) with its registered seat: Rue de Bourg 15, 1003 Lausanne, Switzerland, which you can contact using the following email address: [email protected]
Throughout these General Terms and Conditions, the following terms have the meaning set forth below:
"Account" means an account created on Lookmove by a User and remaining under his own control, created and functioning under the rules provided for in articles 6 and 7.
"Advertiser" means a User who posts a Listing or who promotes a Listing through our Services.
"Affiliated real estate professional" means a Real estate professional who have singed a Contract with Lookmove and benefiting from some exclusive services offered by Lookmove to the Real estate professionals.
"Card issuer" means an institution which issued the credit card to the User which name appears on the User's bank statement and remaining with the User in a contractual relationship regarding the payment method used by the User on the Site and/or the App.
"Content" means any content published by a User in order to describe and visualize his Listing, in particular the photos, videos, descriptions and any other information regarding the real estate subject to the Listing.
"Contract" means a contract signed between Lookmove and an Real estate professional in order to access some exclusives services provided by Lookmove to Affilated real estated professionals.
"Individual user" means a User using the Site and/or the App and not acting as a Real estate professional.
"Listing" means an advertising published by a User or republished by us on the Site and/or in the App in connection with an offer to sale or rent a real-estate property.
"Non-Affiliated real estate professional"means a Real estate professional who signed no Contract with Lookmove.
"Password" means a password chosen by the User when creating his Account.
"Payment details" means information that needs to be transmitted to the Payment interface of the Payment service provider in order to allow him processing the transaction and carrying out all necessary verification procedures, in particular the details of the credit card used by the User, identity of the User or the credit card holder, authentication data or the Price and/or the Rate.
"Payment interface" means a digital connecting method provided by the Payment service provider.
"Payment service provider" means an intermediary authorised by Lookmove to authorise, organize, verify and process bank payments between Users and Lookmove. Our Payment service providers are: PostFinance AG (CHE-114.583.749), Mingerstrasse 20, 3030 Berne and SIX Payment Services (CHE-105.855.222), Hardturmstrasse 201, 8005 Zürich.
"PCI DSS" means a security standard applied for transmitting, processing and storing details of the credit card and/or payment details, known also as PCI;
"Personal Data" means any information relating to a natural person that can be used to identify such person, directly or indirectly, in particular by reference to an identifier such as a name, audio-visual materials, log-in information, location data, and other factors or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Price" means price payed by the Individual user for publishing and displaying online a Listing for a property to rent.
"Rate" means the monthly price paid by a Non-affilated real estate professional for publishing and displaying one or more Listings in order to promote properties to sell or to rent.
"Real estate professional" means an agent, broker, developer or other real estate professional providing advisory services with respect to the sale, rental or acquisition of real-estates, or whose business relates to real-estate and introducing the parties of a real estate transactions to each other.
"Services" means all the services provided by Lookmove through the Site and/or the App.
"Third Parties Content" means any content originating from another website or another application and which is displayed on the Site and/or the App.
"User" means any person, acting as a Real estate professional or not, who created an Account and connected in order to access the exclusive services provided by Lookmove and described in article 7.
"User's Profile" means a profile created by the User in which he indicates his search criteria and some Personal Data.
"Username" means a name chosen by the User when creating his Account.
"Visitor" means any person using the Site and/or the App without without registering or without connecting to their Account.
4.1 The Site and the App allow Users and Visitors to consult the Listings and to contact the Advertisers. Please be aware that Listings available on the Site and/or the App are in part inserted directly by Uses of the Site and/or the App and partly the listings published on third parties webistes and aggregated as a result of our efforts.
4.2 The Site and the App allow Users to publish Listings in order to rent or sell a real estate. The Site and the App allow to introduce Individual users to the Affiliated real estate professionals whose operating area is located within a limited specific radius of the property indicated in the Listing or matching the User Profile.
4.3 Users may organize their searches using a dashboard available on their account condensing diverse features.
5.1 Only Users residing in Switzerland may create an Account and use our Services. Any Services provided through the Site and/or the App serve exclusively promotion of properties located in Switzerland.
5.2 Our Services are available to all Visitors and Users having access to the Internet. All costs of the access to our Services (software, hardware, internet connection etc.) are born by them.
5.3 As a Visitor you have a limited free access to the Services available on the Site and/or in the App, that is:
a) browsing and consulting of all the Listings available on the Site and/or the App; b) browsing, consulting and creating of statistics regarding the Swiss property market; c) contacting Advertisers by means of an online form.
5.4 As an Individual user you have an unlimited free access to all the Services available on the Site and/or the App, that is:
a) browsing or searching through Listings available on the Site and/or the App; b) creating alerts based on your self-defined search criteria; c) browsing, consulting and creating statistics pertaining to the Swiss property market; d) selecting and sorting through the Listings saved or added to your favorites; e) being introduced to the Affiliate real estate professionals and Advertisers and contacting them; f) as well as creating and submiting sale Listings.
5.7 We do not accept any liability for any Content and/ or communications exchanged between Users, Visitors, Advertisers and/or third party owners of a Listing.
a) In general
6.1 In order to become a User, Visitor needs to access the Site or the App and create an Accout by providing his Username and Password. Registration of a User on the Site and/or the App is valid when Visitors fills in registration form and his registration is confirmed by Lookmove by a confirmation email.
6.2 On registration of your Account, you will be asked to complete a User profile, which allows establishing your search-criteria for real-estates. All searches that you carry out through the Site and/or the App are continuously powering your User profile with for example the frequency of your queries, your communication with Advertisers and Real estate professionals, alteration of your serach criteria such as Listings you add to your favorties as well as those you ignore as not interesting. All this information, except for the frequency of your enquiries, is available on the dashboard of your Account on the Site and/or in the App.
a) you have reached the age of majority, under the Swiss law (18 years).; b) you have full legal capacity or you have received an express agreement of your legal representative for creating an Account; c) you are are authorised to represent any legal person on behalf of whom you act; d) all Information provided on registration in the registration form is true, accurate, complete and current and ist not confusing or likely to mislead as to their meaning or constitute an identity fraud; e) you do not transfer or give access to your Account to any third party.
6.4 We reserve the right to refuse registration of an Account, block or close an Account at any time, without stating reasons.
6.5 Each User is permitted to create only one User account. User is responsible for updating information displayed on his Account and his User profile. User is solely responsible for any activity performed from his account as well as for ensuring that he closes his account after each session. You are solely responsible for maintaining the confidentiality of your Account and your Password as well as any activity from your Account.
6.6 We have the right, without further inquiry, to rely on the provision of information provided on registration as sufficient to authenticate User's identity. If you believe someone has, without authorisation, accessed an account that you created on our Services, please contact us immediately.
6.7 Email address provided by you on registration will be used by Lookmove for contacting you. Any mail sent to your designated mailing address will be deemed to have been received by you.
b) by an Affiliated real estate professional
6.8 Using the Site and/or the App as an Affiliated real estate professional requires creating an Account. Please note that in this case registration is conditioned by signing a Contract wih Lookmove. After signing the Contract, Lookmove will provide you with a link allowing you to create an Account.
6.9 By creating an Account you represent and warrant that:
a. you are registered in the old-age and survivors' pension insurance institution (AVS); b. you are not under criminal and/or disciplinary investigation, you have not been convicted of a crime or an administrative offence in connection with your profession; c. you exercise your professional activity in Switzerland; d. you have been authorised to create an Account under these Terms; e. You do not transfer or give access to your Account to any third party.
6.10 We reserve the right to verify information provided by you and to refuse registration or to block or close your Account at any time, in particular if the abovementioned conditions are not met as well as after expiration of the Contract.
a) For Individual users
By using your Account your able to:
b) For Real estate Professionals
c) For Affilated real estate professionals
By creating your Account you gain access to all premium features stipulated in the Contract, the terms of which are incorporated herein.
8.1 Lookmove commits itself to make sure its computer systems and other softwares on which it can have control over, are up-to-date in terms of safety.
8.2 Users are obliged to make sure their computer systems and other software under their control, are up-to-date in terms of safety. You are responsible for configuring your information technology, computer programs and platform in order to access our site. Users and Visitors need to ensure that their computer system meets all relevant technical specification necessary to use our Site and/or the App and that their computer system is compatible with our Services. You can access our Services through your internet access provider and by using software downloaded from third parties via the Internet, which access and software do not fall within our responsibility.
8.3 In case of violation of any obligation as provided by these GTU, Lookmove can immediately block the user involved from the platform access. In such a case Lookmove is entitled to claim adequate damages.
9.1 User can submit Listings on the Site and/or the App using a form available in the section "Submit a listing" on his Account.
9.2 Listing needs to indicate:
Type of property (apartment, house, studio etc.);
Number of rooms;
Space and/or living space;
Price or rent;
Short written description;
Photos: one at minimum, twelve maximum.
9.3 By providing the Content to be published on the Site and/or the App the User commits himself to to respect current laws and regulations and not to violate third-party rights. In particular, the user undertakes not to communicate through the Site and/or the App any words or Contents:
a. insulting, defamatory, slanderous or otherwise detrimental to the honor or reputation of others; b. racist, xenophobic, revisionist or negationist; c. obscene, pornographic, pedophile, offensive or otherwise contrary to good morals ; d. sexually explicit; e. interfering in any way with the rights of others, including the right to privacy, the right to the image, the right to the name, the right to human dignity, and the protection of children and adolescents or protection of animals; f. infringing the intellectual property rights of others, including trademark rights, copyright (images, sounds, texts, photographs, software, etc.); g. inciting discrimination, hatred, violence, or committing a crime or misdemeanor; h. advertising, propaganda , extremism or proselytism; i. in any way false, dangerous or likely to put into danger life, heatlg or safety of any person; j. in any way contrary to the laws and regulations in force.
9.4 Listings will be displayed on the Site and/or in the App with the Content provided by you when submitting the Listing.
9.5 We are not responsible for the content of any Listing, nor for their accuracy or availability.
9.6 Ownership rights on the Content submitted to us in relation to a Listing, remain with the Advertiser at all time. By submitting a Listing, Advertiser grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable and perpetual licence to use, reproduce, publish, modify, edit, translate, disseminate and redisseminate and present such Listing on the Site and/or in the App as well as sending it by email for the promotion, marketing or administrative purposes.
9.7 By uploading any Content on the Site and/or in the App, Advertiser grants each User and Visitor a non-exclusive, royalty-free and irrevocable licence to access, browse, use, change, display, consult and make any legitimate Inquiries regarding the Content on the Site and/or in the App. All of it in accordance with the present GTU as well as the current laws and regulations.
9.9 We reserve the right to request making changes to Listings at any time or to refuse and/or delete a Listing at our entire discretion, without stating reasons. We will not publish in particular Listings which: (i) do not relate to an identifiable real-estate property; (ii) refer to one or more third-party website or one or more mobile App, in particular other real-estate platforms (iii)or we consider inappropriate, unlawful or which violate third party rights.
a. In general
10.1 Users may submit sale Listings at no cost and at any time. Each User cannot submit more than one Listing concerning the same real estate owned by him.
10.2 Users may submit rental Listings against payment, in accordance with the terms and conditions described hereafter. User may choose to publish a rental Listing with the validity period of fourteen, thirty, fourty five or sixty days.
b. For Affiliated real estate professionals
10.3 Affiliated real estate professionals may submit rental and sale Listings after concluding a Contract with Lookmove. The validity conditions for posting such Listings are set forth in the provisions of the Contract incorporated by reference herein.
c. For Non-affiliated real estate professionals
10.4 Non-affiliated real estate professionals may submit rental and sale Listings against payment in accordance with article 11.2 of the following CGU. Lookmove proposes to the Real estate Professionals a global monthly rate fee for submiting their Listings with no additional paid services and no registration costs. Listings that are successfuly submited are published online until the Real estate professional withdraws them or stops paying the Rate.
11.1 For complaints or requests regarding the Prices, Rates and/or payments on or through our Services, please contact us by email on the address: [email protected]
a) For the Users
11.2 When publishing a rental Listing, Advertiser assumes an obligation to pay the price of 1 CHF (one swiss franc) per day of publication.
11.3 Price is due from the moment in which User publishes his Listing on the Site and/or the App.
11.4 The Price remains due in the event the real estate subject to the Listing is not rented before the expiration of the period chosen by the User.
11.5 By submitting a rental Listing, you expressly acknowledge your obligation to pay. You are solely responsible for any fees charged if a purchase is declined via the Site and/ or the App and you agree to fully indemnify Lookmove in this regard.
b) For the Non-affiliated real estate professional
11.6 A Non-affiliated real estate professional who submits on the Site and/or the App one or more Listings concerning the rental and/or the sale of a real estate assumes an obligation to pay valid for the minimal period of a month, renwable automatically and with no long-term commitment. The contract may be terminated upon 10 working days before expiry of monthly fixed rate period, by mail to the address: [email protected]. The system of applicable rates is simple: rates depend on a number of Listings that a Non-affiliated real estate professional wishes to submit. The rate structure applicable for the Real estate professionals is available on the Site and upon request submitted to the address: [email protected]
12.1 Once the Listing is submitted by, Lookmove will demand the User to provide to the Payment service provider his Payment details and the invoice address in order to proces the payment of the Price and/or the Rate.
12.2 Payment of the Price and/or the Rate will be processed securely (SSL) via Payment inferface of the Payment service provider. Lookmove will use API of the Payment service provider and will always respect the PCI-DSS rules.
12.3 You agree to pay the Price and/or the Rate for submiting the Listing just as the administrative charges related to the payment.
12.4 Payment service provider assures the possibility to proces the payment online in real (or near real) time and to provides a Payment interface of high availability.
12.5 Lookmove will not copy, store, register, hold or intercept Payment details such as credit card number, whether the six frist or the four last numbers, expiration date, name of the card holder, type of the card, issuer, country in which the card has been issued, CVV code or password used in the Payment interface. Your Payment details is transmitted in encrypted form to the Payment service provider. The encrypted Payment details can be decrypted only by the Payment service provider.
12.6 Your Payment details will not be saved by Lookmove. You understand and explicitly accept that the Payment service provider will act as data controller with regard to your Payment details.
12.7 Payment service provider will provide his payment services and will take all necessary steps in order to act in accordance with compliance and reporting obligations set forth in the Federal law on anti-money-laundering and combating the financing of terrorism (RS 955.0).
12.8 Upon demand of the Payment service provider, you accept to provide all information in connection with the transaction in order to comply with the Federal law on anti-money-laundering and combating the financing of terrorism (RS 955.0).
12.9 As a User, you agree hereby, that the Payment service provider may charge (directly or indirectly, by a third party service provider according to his terms) the Price and/or the Rate to your credit card.
12.10 The Price or the Rate will be charged to one of the payment methods listed on the Site, which may include Visa, PostFinance, MasterCard, debit cards of Maestro and Post Finance as well as PayPal and Twin. You may be asked by the Payment service provider to provide your invoice information such as your name, invoice address and Payment details. You need to make sure that your Password as well as your Payment details are kept in secret in order to prevent third parties from accessing this information. If you believe someone has, without authorisation, accessed or used your Password or your Payment details, you are under obligation to contact us immediately.
12.11 If the Payment service provider suspects a security breach with regard to the Payment details of a User, Lookmove will mandate, upon User's request, an auditor authorised by the Payment service provider in order to verify the security of his systems and instalations and draw up a report.
12.12 Under certain conditions, in addition to the invoice information, Lookmove and/or Payment service provider may ask you to prove your identity as well as certain information regarding the funds used in order to pay the Price and/or the Rate. Payment details may also be required by the Payment service provider. This information may be required when submiting a Listing, when processing the payment as well as at any other moment. Lookmove reserves the right to cancel the display of your rental Listing, if your do not provide the required information.
12.13 In oder to allow the Payment service provider to comply with current laws and regulations, in particular regarding combating the financing of terrorism , financial sector, anti-money-laundering as well as concerning the level of skill and care towards Users and requirements of the Payment service provider, Lookmove and/or Payment service provider are authorised to demand from each User to provide them with all necessary details, economical context of the transaction carried out through the Site and/or the App and/or its beneficiaries (Payment details). Payment service provider has a right to have regular access to all these data collected by Lookmove in connection with transactions carried out through the Site and/or the App.
12.14 As a User you accept, upon demand from Lookmove, to transfer immediately all information required by the Payment service provider in connection with the transaction carried out thorugh the Site and/or the App.
13.1 User may cancel his Listing at any time. The amount of 2 CHF will be deducted from the Price or the Rate in the event of cancellation and Lookmove will reimburse the equivalent of the remaining days already paid by the User. These 2 CHF cover some of the costs of cancelling the Listing and reimbursement which Lookmove is obliged to pay to the Payment service provider.
13.2 In the event of fraud or non-authorised use of User's credit card, most card issuers assume the risk and cover all costs resulting from such fraud or abuse, this may however be connected with costs. Lookmove declines any responsibility for the costs that User will have to incur in this case. For further information please consult the policy of the Payment service provider and the one of your Card issuer.
13.3 You agree hereby that you will not unduly oppose against processing the payment by the Payment service provider. In the event of undue opposition you expressly agree to indemnify lookmove from any direct or indirect damage, costs and/or charges (including charges connected to chargeback, legal assistance and court proceedings resulting from an unjustified opposition.
13.4 For complaints or requests regarding the cancellation and/or the reimbursement on our Services, please contact us by email on the address: [email protected]
14.1 Lookmove will assure that all the data required by the Payment service provider in order to proces the payment, including data related to compliance and anti-fraud reporting are transmitted to the Payment service provider. You hereby agree to provide the Payment service provider, on first demand, with all data required by Lookmove for the purpose of the publication of the Listing.
14.2 All transaction processed by the Payment service provider will be verified by a numer of controlling measures assured by the Payment service provider.
15.1 We grant to all Users and Visitors a limited non-exclusive, royalty-free, worldwide, non-transferable, revocable at any time licence to use the Site and/or the App for their own needs, that is in particular to submit, retrieve, consult Listings as well as display the content of the Site and/or the App on their computers, smartphones and tablets provided that all requirements and conditions set forth in these Terms are met. All other use of the Site and/or the App is excluded without the prior written consent of Loomove.
15.2 Users and Visitors are authorised to use the Site and/or the App always in accordance with the Swiss law and any other law governing their situation. Users and Visitors are obliged to use the Site and/or the App legaly. Anny illegal or inappropriate use of the Site and/or the App is forbidden.
a) In general
16.1 Advertiser is responsbile for all the Content he submits. Any Content published by the Advertiser should respect the rules regarding the use of the Site and/or the App and may not infringe any law or rights of third parties including the present Terms. Advertiser shall assure that he has all necessary copyrights and authorisations with regard to the Content he submits and that information he provides is correct and up-to-date. Advertiser shall inparticular assure that he has the consent of any third parties at the moment of publication of any Content that may include Personal data of any third person.
16.2 Advertisers commits himself to cancel the Listing within 24 hours from the moment of conclusion of the sale or rental contract.
16.3 Advertiser is solely responsible for his conduct, registration data, any activity performed on our Services from his account, Listings and Content he submits online. Advertiser warrants that the this Content is not illegal, confusing or out-of-date. Advertiser is solely responsible for the accuracy, completeness and correctness of the information provided by him in response to the requests and inquiries of other Users and Visitors regarding his Listing.
b) Individual user
16.4 User guarantees that the real estate indicated in his sale Listing exists is owned by him and he wishes to sell it.
16.5 If the User is submitting any rental Listing, he guarantees that the real estate indicated in his rental Listing exists and that he wishes to find a tenant according to terms indicated on the Site.
c) Real estate professional
16.6 Real estate professional guarantees that the real estate he is offering exists and that he has been empowered to sell it by the owner.
16.7 In case of rental Listing, Real estate professional guarantees that the real estate indicated in his rental Listing exits and that he has been empowered to sell it by the owner.
17.1 By using our Services, the Site and/or the App you agree not to perform any of the following acts:
18.1 In the event of default or other non-compliance with your obligations under the section 10 of these GTU,WEHAVE THE RIGH TO SUSPEND OR CLOSEYOURUSERACCOUNT, TO RESTRICT OR TO CLOSE ACCESS TO OUR SITE AND/OR THE APPWITHOUTANYPRIORNOTICE NORCOMPENSATION AND WITHOUT STATING REASONS. We further have the right at our sole discretion to restrict or block your access to or use of any and all elements of our Services, on a permanent or temporary basis. Upon your request, you shall be notified about the nature of your default.
18.2 You agree to indemnify, defend and hold Lookmove and our affiliated companies, shareholders, directors, employees, Affilated real estate professionals or representatives harmless from any and all claims or demands, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, attorneys' fees and other litigation expenses) incurred by Lookmove and arising out of:
20.1 The Site and/or the App and/or the Services are generally available 24 hours per day, seven days in a week.
20.2 This being said, please be aware that we cannot guarantee permanent availability of all these Services and we cannot be held responsible for even a persisting interruption in the access to the Site and/or the App and/or ous Services in particular in the event of network overload or unavailability of the Services.
20.3 We reserve the right to interrupt, suspend or close freely a tour discretion the acces to the Site and/or the App and/or the Services from time to time for updating purposes for undefined time. Some elements of the Site and/or the App may happen to be out of date and we are not obliged to update such elements.
20.4 An interruption, suspending or closing of the Site and/or the App, whether planned or not, may take place for the maintenance purposes, network problems, software problems, for security reasons or in the case of force majeure. In the event of changes, interruptions and down time of Services or deletion of Content, the User does not have the right to rescind the GTU and/or to a reduction in Price and/or Rate or any refund or any compensation.
21.1 Lookmove SA owns all intellectual property rights related both to the structure and to the content of the Site and/or the App (except for the Third party content), as well as its databases and trademarks (registered or not). In particular, each element displayed on the Site and/or in the App, of any nature: text, image, sound, photo, video, music, database, data, logo, trade mark, software, content, codes, layouts etc. except for the Content and Third party conent) is legally protected as exclusive property of Lookmove. Consequently, any reproduction (including downloading, printing etc.) representation, communication, screening and broadcast, adaptation, modification, translation, transformation, synchronization and integration into a different site either commercially or non-comercialy and/or any form of reutilisation of a ll or part of elements of the Site and/or of the App is strictly forbidden without a prior written consent of Lookmove. Use of the Site and/or the App does not confer any intellectual property rights on the User or on the Visitor with regard to any element of the Site and/or the App.
21.2 Lookmove grants to Users and Visitors a non-exclusive, royalty-free, non-transferable, non-sublicensable and limited licence to access, display and use the Site and/or the App and information and databases which they include to the extent it is necessary for using the Services.
21.3 Lookmove reserves the right to withdraw the abovementioned licence at any time without notice and with immediate effect in the event of violation of any law or infringement of the present GTU and/or any competitive activity of a User or Visitor against Lookmove. Lookmove reserves the right to modify or delete, without notice, any element of the Site and/or of the App at any time as well as take all necessary steps in order to combat any violation of its rights and protect the ingerity and smooth functioning of its software, servers, databases, network, the Site, the App, Users Personal Data as well as any intelectual property related with them.
21.4 Aa a User or Visitor you undertake not to reproduct, hack, download, copy, broadcast, make any illegal use of the text, databases, data, codes, images or the content of the Site and/or of the App as well as the Content and Third party content. Any unauthorised use of any element reproduced on the Site and/or in the App (hacking, parasiting, illegal downloading etc.) w may give rise to civil and / or criminal prosecution and to the payment of damages to Lookmove. You guarantee that your use of the Site and/or of the App will not result in any violation of the law or of third parties rights, including intellectual property rights. You undertake to indemnise Lookmove from any loss resulting from your violation of third party intellectual property.
21.5 The domain name on which the Site is hosted is exclusive property of Lookmove. Users and, Visitors are not authorised to use or adopt any similar name for their own activity.
22.1 We merely retrieve the Third parties content.
22.3 Lookmove assumes no responsability in any form for the third party content it publishes on the Site and/or in the App. Under no circumstances Lookmove's responsibility can be engaged due to the use and the content of these hyperlinks. Users and Visitors consult and use the content of these links at their own risk.
22.4 Lookmove can, at any time and without notice, delete any third party content from the Site and/or the App.
23.1 The Site and the App alow Users to conlude contracts based on their own decision. No obligation, in any form, to enter an agreement can be based on the Site and/or in the App.
23.2 Lookmove only provides Users or Visitors with the Site and the App but does not take part in any contractual relationships established betwen them in the course of any sale or rental transaction. Lookmove will not be responsible for any contractual or legal violation in connection with the contractual relationship enterted into by the Users or Visitors.
23.3 Lookmove does only give to the Users the opportunity to be introduced to each other and cannot be considered as an intermediary of any sort whether in the context of the Content, Third party content and/or contractual relationship arising from the contacts between the Users. Lookmove does not guarantee the existence of the real estates, correctness of its description, ability to meet the buyer's or tenant's needs or the availability or type of properties proposed to be sold or rented on the Site and/or the App. Lookmove does not assure in any manner the conlcusion of the contract or of any other agreement between the Users.
23.4 Listings publised on the Site and/or in the App shall not constitute an offer to sell or rent on Lookmove's part. All terms of any potential transaction are to be presented directly by the Advertiser and he is soley responsible for providing full and correct information related to the Listing he publishes on the Site and/or in the App.
23.5 When a business transaction is facilitated by the use of our Services, such business transaction is concluded exclusively between the User and the respective buyer, seller, tenant or Real-estate professional as the case may be. According to the terms of the Contract, the Affilated real estate professional is obliged to inform Lookmove as soon as a sale or rental contract and/or preparatory contract is concluded if such a transaction was facilitated by the use of our Servces and/or the App and or the Site, in any case about the concluding a preparatory contract, sale contract or rental contract with a User. As a User who benefited from the assistance of one of the Affilated real estate professionals, you accept to being contacted by Lookmove in order to verify your satisfaction from his services. As a User you agree that we may contact you to validate, if business relationships or property transactions were facilitated, directly or indirectly, by the assistance of an Affilated real estate professional.
24.1 When accessing the Site and/or the App Users and Visitors use our Services at their own risk. The Site and/or the App as well as the Content is provided on an "as is" and "as available" basis. We make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, availability of any good or non-infiringement of the Site and/or of the App and/or of their content as well as in connection with the Content and/or the Third party content.
24.2 The Listings and other information published on our Site and/or the App, such as value estimation of a real estate a property subject to the Listing, are provided for general information only. Any information available on our Site and/or the App is not intended to amount to an advice on which you should rely for decision making. You must seek professional advice before taking, or refraining from, any action on the basis of information published on our Services. We are not an estate agency. We are also not giving you any advice (investment, financial or otherwise) nor do we recommend or endorse any real-estate property, products or services advertised as part of a Listing or otherwise on our Site and/or the App.
24.3 You understand that Lookmove cannot be held responsible for any illegal conduct of any User or Visitor taking place on or by means of the Site and/or the App.
24.4 Lookmove does not guarantee that: (i) the Site, the App and their content or the Third party content will meet User's requirements and will be correct, safe or exempt from every kind of risk related to his health, security and life; (ii) the Site and/or the App will be uninterrupted, timely, secure or error-free; (iii) results that maybe obtained from the use of the Site and/or of the App will be accurate or rliebale; (iv) defects will be corrected; (v) Users and Visitors will comply with their obligations and/or legal regulations in force; (vi) estimates available on the Site and/or the App are correct and reliable.
24.5 Any document downloaded or obtained by the use or by means of the Site and/or the App is used solely at User's or Visitors risk. They will be responsible for any damage cause to their software o rany loss of data resulting from the download of such documents.
24.6 No information, whether verbal or written, obtained from a User and/or a Visitor of Lookmove or by means of the Site and/or of the App cannot give rise to any warranty or be assimilated to any representation which is not expressely indicated in the present GTU and Lookmove declines any responsibility for any legitimate expectations arising from such information or content for any User or anybody who may be informed of such content.
24.7 Lookmove does not supply any guarantee regarding compatibility, reliability, accuracy, completeness or timeliness of any Information or Offer available on the Site and/or in the App.
24.8 All information and indication displayed on the Site and/or in the App may be modified or deleted at any time without notice.
24.9 Information and indications displayed on the Site and/or in the App do not give rise to any contractual obligation of Lookmove. Lookmove does not assume any responsibility for the authenticity and correctentes of photos presented on the Site and/or in the App.
24.10 We may provide you with the possibility to estimate the value of a real estate based on the historical of transactions and publicly available statistics, articles, infographics, ranges of value. These real estate estimations are calculated basing on past transaction in a certain geographic area, and do not take into account the specific characteristics of a specific real-estate property, nor changes in the socio-economic environment which may affect its value. Value estimates are intended for general interest only and general information purposes. They are by definition inaccurate or incomplete, and should not be relied upon as the sole source of information with respect to any investment decision or real-estate transaction. None of the information available through our Services is intended to be a substitute for independent professional advice. The possibility to estimate your property is provided on „as is" basis, without any guarantee or warranty. It is your responsibility to check and verify the value estimate created on the Site and/or the App. Lookmove may not be responsible for any lost profit and/or any other loses caused by an estimate of a property created through the Site and/or the App.
24.11 Lookmove is not responsible for any damages resulting from any real estate transaction between Users in connection with the property available on the Site and/or the App.
24.12 Lookmove shall not be held liable, in any case, for any actions, whether intentional or negligent of a Real estate professional using the Site and/or the App. The fact that certain Real estate professionals are affiliated to Lookmove does not give rise to any higher level of responsiblity for their dealings with Users or Visitors than in case of any other Real estate professional.
25.2 TO THE EXTENT PERMITTED BY LAW, LOOKMOVE EXCLUDES ANY WARRANTY OR RESPONSIBILITY IN CONNECTION WITH THE SITE AND THE APP AND CONCTRACTS CONCLUDED BY USERS AND/OR ANY DEALING OR ACTIVITES OF REAL ESTATE PROFESSIONALS AND/OR ANY DAMMAGES RESULTING FROM AN ILLEGAL ACTION OF LOOKMOVE, EXCEPT FOR INTENTIONAL VIOLATION OR GROSS NEGLIEGENCE. WE ACCEPT NO LIABILITY FOR LOSS OF EITHER PROFITS, VALUE, DATA OR CHANCE INCURRED BY THE USER, VISITOR OR ANY OTHER PERSON CAUSED BY ACTION OR INACTION OF LOOKMOVE, REAL ESTATE PROFESSIONAL OR ANY THIRD PARTY.
25.3 UNDER NO CIRCUMSTANCE THE RESPONSOBILITY OF LOOKMOVE CAN BE ENGAGED IN CASE OF FORCE MAJEURE.
25.4 LOOKMOVE DECLINES ANY RESPONSABILITY ARISING IN CONNECTION WITH ANY REAL ESTATE SUBJECT TO THE LISTING. LOOKMOVE IS NOT RESPONSBILE FOR ANY DEFAULT CONCERNING THE REAL ESTATE AND IT CORRESPONDANCE TO LEGAL OR TECHNICALL NORMS AT THE MOMENT OF SALE.
25.5 LOOKMOVE DECLINES ANY RESPONSBILITY IN CONNECTION WITH THE CONTENT OF LISTINGS AVAILABLE ON THE SITE AND/OR IN THE APP. LOOKMOVE WILL NOT SYSTEMATICALLY VERIFY OR UPDATE OR CORRECT INFORMATION CONTAINED IN THE LISTINGS AVAILABLE ON THE SITE AND/OR IN THE APP.
25.6 ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE RELATED TO ITS QUALIY, SUITABILITY, PARTICULAR NEEDS, UPDATE, COMPATVILIY, SECURITY, CORRECTNESS . LOOKMOVE WILL NOT BE LIABLE IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. LOOKMOVE DECLINES ITS RESPONSIBILITY FOR INDIRECT DAMAGES AND/OR LOSSES, IN PARTICULAR WITH REGARD TO LOST REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; NOR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE
25.7 LOOKMOVE DOES NOT MAKE ANY REPRESENTATIONS OR GURATANTEE REGARDING DESCRIPTION CONTAINED ON THE SITE AND/OR ONE THE APP. LIKEWISE IT DOES NOT ASSURE THE AVAILABILITY, CORRECTNESS AND LEGALITY OF ANY INFORMATION PUBLISED ON THE SITE AND/OR IN THE APP. LOOKMOVE WILL NOT VERIFY, UPDATE OR CORRECT THIS TYPE OF INFORMATION.
25.8 LOOKMOVE DOES NOT GUARANTEE THE AVAILABILITY OF THE SITE AND/OR THE APP AT ANY TIME AND RESERVE EXPLICITLY THE RIGHT TO MAKE OFFERS, AND ANY PART OF THE SITE AND/OR OF THE APP, UNAVAILABLE OR TO PARTIALLY OR ENTIRELY CEASE THE OPERATION OF LOOKMOVE WITHOUT STATING RESASONS.
25.9 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED TO ON OUR SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM OR THEIR UNAVAILABILITY. PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR: LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. OUR SERVICES MAY ALSO CONTAIN ADVERTISING FROM THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY MISLEADING OR INACCURATE ADVERTISEMENTS WHICH ARE THE SOLE RESPONSIBILITY OF THE ADVERTISER. ANY LINKS OR ADVERTISEMENTS ON OUR SERVICES SHOULD NOT BE TAKEN AS AN ENDORSEMENT BY US OF ANY KIND.
25.10 UNDER NO CRICUMSTANCES, TO THE EXTENT PERMITTED BY LAW, LOOKMOVE'S PERSONEL AND AFFILIATES WILL NOT BE RESPONSBILE IN ANY WAY FOR ANY CLAIMS MADE IN CONNCETION WITH THE USE OF THE SITE AND/OR OF THE APP.
Lookmove shall not be liable for any delay(s) or default(s), where the damage in question or imminent threat thereof is the result of certain events beyond the Lookomove control, in particular in case of natural disaster, govermental regulation, war, fire, flood, explosion or popular movments.
Notifications addressed to Users may be sent by mail at the adress provided by User on registration.
28.1 Users shall not transfer any right or obligation resulting for the present GTU without prior, written consent of Lookmove.
28.2 Lookmove may transfer all or part of its rights and obligations resulting from the present TU without obtaining any prior consent of Users, including any obligation related to Personal data. To the extent that prior consent will be required by mandatory law, Lookmove will notify the User about the transfer by mail. Unless specifically denied within the period of two weeks, User will be considered to agree to the transfer. Lookmove reserves the right to limit or disable the access to the Site and/or the App as well as to delete or suspend any Account of any User who opposes to the transfer.
29.1 Lookmove may block, terminate, or suspend your Account or use of the Site and/or of the App at any time and for any or no reason in its sole discretion, in particular in the event of violation of these Terms. Accordingly, Lookmove may decide to close the Site.
29.2 Lookmove reserves the right to cancel the publication of your rental Offer, if information provided is incomplete, erronoues, misleading or contrary to the present Terms.
29.3 Lookmove has the right, without notice, to delete or withdraw immediately from the Site and/or the App any Third party content.
29.5 User may delete his Account at any time by notifying Lookmove by email in accordance with the instructions available on the Site and/or in the App. Access, the possibility of using and participating in the Site and/or the App may become impossible after deleting the Account.
30.3 Lookmove is free to conclude with any User, upon his request, an agreement completing the present GTU. Provided that the agreement is prevailing, the present gTU remain fully applicable to the entire relationship between Lookmove and User.
30.4 Our delay or failure to exercise or enforce any right or provision of these TU shall not constitute or be construed as a waiver of such right to act.
30.5 If any of present Terms is judged null and void and/or invalidated by the tribunal, Users, Visitors, Real estate Professionals and Lookmove agree that their intention, as emanating from this document, is to keep the validity of this agreement to the greatest possible extent and any other dispositions of the prresent GTU will remain in force and effective. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning.
31.2 Translations of present Terns of Use are made available to Users as a courtesy. Only the French version is legally valid. It is the responsibility of Users to make sure they understand the content of the GTU.
31.3 The written form is required for any change of the present GTU. Please note that using email correspondance shall be deemed as satisfying the requirement of the written form.
The courts at registered office of Lookmove shall have the exclusive jurisdiction over any litigation in connection with the present Terms (including non-contractual litigiations and claims as well as interpretation of the contrat), subject to an appeal to the Swiss Federal Tribunal.
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