- Introduction & Contents and Characteristics of the online services and the immobilier.ch application
1.1 The company immobilier.ch SA, whose registered office is 2, Allée de la Petite-Prairie, 1260 Nyon, Switzerland (hereinafter the "Company"), manages the real estate portal "immobilier.ch" accessible in particular at the address www.immobilier.ch (hereinafter the "Portal") as well as the associated application (hereinafter referred to as "the Application") accessible from any terminal having a connection to the Internet, by free download on the AppStore or GooglePlay. This Portal, as well as this Application, offer possibilities for posting ads for properties to rent or for sale (such as plots, houses, furnished or unfurnished apartments, parking spaces, etc.), in Switzerland or abroad, emanating solely from real estate professionals (hereinafter the "Advertisers"). This portal also offers other services, such as the possibility for a Visitor to estimate the value of a property online and to be put in contact with specialized real estate Agencies to assist him in his sale project.
1.2 This Portal and this Application allow any user visiting the Portal (hereinafter referred to as the "Visitor" or "You") to contact Advertisers of the objects of interest to him and / or the partners of the Company for Rent Guarantee, Financing advice for a property purchase and/or support in the sale of his/her property.
It is specified that the property pre-estimates offered by the Portal are automated pre-estimates calculated using algorithms owned and managed by the Company's partner, Fahrländer Partner AG. There is therefore a degree of uncertainty regarding the results of the pre-estimates. The Company assumes no obligation whatsoever with respect to the accuracy of the information and data or with respect to the uses to which such information and data may be put. The Company therefore makes no warranty, express or implied, regarding the content of the Portal or the result of the pre-estimates.
The User is informed and acknowledges that the Portal's activity is limited to facilitating real estate procedures and projects as well as putting Users in contact with real estate agencies specialized in sales. The responsibility of the Portal shall not be engaged in any way in the context of relations, agreements and discussions that may take place between Users and Advertisers and/or specialized Real Estate Agencies to assist them in their project to sell a property and/or any other partner.
1.3 Contact the company
The Visitor may at any time contact the company:
- by simple letter to the address indicated in article 1.1 above;
- by e-mail to the following address: email@example.com;
- by phone+41(0) 22 307 02 20 from Monday to Friday from 8.30 am to 12.30 pm 30 and from 1.30 to 5.30 pm (non-premium call).
1.4 Portal and Application Host
Net 4 All Swiss Grade Security
Net4All.ch – Ch. du Devent 7 –1024 Ecublens VD – Suisse SA (capital of 100 000 CHF – Registre de Vaud)
1.5 The Company reserves the right to modify or delete content, information and announcements appearing on the Portal and the Application at any time without notice. Likewise, it may at any time modify the content and form of its services or remove some of them. The technical characteristics of the Portal and the Application may also be changed at any time in a discretionary manner.
2.1 These Terms of Service are intended to define the conditions under which the Visitor benefits from the Services provided by the Company through its Portal and / or Application. All Services provided by the Company and made available to the Visitor are detailed on the Portal and the Application.
2.2 These Terms are implicitly accepted by the access and use of services that do not require the creation of an account or the sending of a non-binding offer request to our partner Firstcaution for rent guarantee, a request for personalized advice to finance a real estate purchase from our partner PostFinance-Valuu or the estimate of a property with our partner Fahrländer Partner AG. Therefore, if You refuse these terms and conditions, in whole or in part, you must refrain from using these services and leave the Portal or Application.
For the use of the services on the Portal and the Application requiring the creation of an account or the sending of personalized advice request form containing the data you have entered to our partners (Firstcaution for rent guarantees, PostFinance-Valuu for mortgage financing advice, Real Estate Agencies that publish properties on the Portal and on the Application and/or that are referenced in the Portal's directory, Fahrländer Partner AG for estimating the value of a property and/or specialised Real Estate Agencies to assist the Visitor with his sale project), your consent (express or implied) is mandatory. Without your consent (express or implied), you cannot benefit from these services.
2.3 The present Terms of Service may be modified, so the applicable conditions are those in force and accessible on the Portal and the Application of the Company on the date of access to the Portal or the Application by the Visitor.
2.4 Regarding the Application, if it has been downloaded from the Apple App Store or the Google Play Store, the Visitor has also been invited upstream, to accept the terms of the general conditions specific to these two platforms and undertakes to respect these.
- Description of the services provided by the Portal and the Application
The Services provided on the Portal and the Application of the Company consist in facilitating and optimizing the Visitor's steps in his search for rental and / or purchase of real estate or to accompany him/her in his/her real estate project by allowing him/her to benefit for free of the following Services:
- The possibility of creating a personalized research corner through which the Visitor will have the opportunity to access to offers of rental / sale of properties corresponding to specific search criteria that he has selected beforehand. This service also allows to receive by email and / or by push notification on its Application the new offers of rent / sale properties corresponding to the criteria selected by its care; by creating an account, the Visitor has a unique identifier (his email address) and a strictly personal password, which he undertakes to keep confidential and not to transmit to third parties. The Visitor is the only one authorized to access and use the Services using his unique identifier and his password. Any access to the Visitor's account with his unique identifier and his password is deemed by right to have been made by the Visitor. Likewise, access to the Services with these username and password is under the sole responsibility of the Visitor. Therefore, in case of loss, theft or any fraudulent act with regard to his unique identifier and his password, the Visitor must inform the Company as soon as possible and justify on this occasion his identity by all means. Upon receipt of its duly justified notification, the Company will send the Visitor a new password associated with its unique identifier (or new unique identifier), provided that it keeps them strictly confidential;
- Access to the details of Advertisers holding offers for renting and / or sale of properties published on the Portal and the Application;
- A calculation service and put in relation with our partner Firstcaution to benefit from a non-binding offer for a Rent Guarantee;
- A calculation service to determine the Visitor's purchasing potential to help him/her find the best financing and a non-binding contact service with our partner PostFinance-Valuu to advise the Visitor and help him/her find the best financing for a property purchase;
- A free subscription service to a personalized newsletter;
- A service of access to practical advices intended to accompany the Visitor in his real estate project;
- A service to estimate the value of a property and to put him/her in contact (free of charge and without obligation) with the specialized real estate agencies in his/her area to assist him/her in his/her real estate project.
The Visitor is informed that the Services are subject to constant evolution.
The Visitor is informed and acknowledges that the activity of the Company is limited to facilitating the linking of Visitors with Advertisers and / or its partners Firstcaution, PostFinance-Valuu and Real Estate Agencies specialized in the sale of properties. Its responsibility cannot in any way be engaged in the framework of the relations, agreements and discussions likely to intervene between the Visitors and the Advertisers and / or between the Visitors and the partners of the Company (Firstcaution, PostFinance-Valuu and/or specialized real estate agencies in his/her area to assist him/her in his/her property sale project following a pre-estimate).
- Intellectual property
4.1 The information, texts, data, maps, graphics, images and videos provided, presented or displayed on the Portal and / or the Application (hereinafter the "Content"), as well as the software(s) used for the Portal and / or the Application (hereinafter the "Software") are the exclusive property of the Company, the Advertisers and / or third parties. In addition, the Content and Software may be protected by intellectual property rights, in particular copyright and trademark law. This is always the case for all images provided, presented or displayed on the Portal and / or the Application in accordance with the Federal Law on Copyright and Neighboring Rights. All intellectual property rights related to the Content and / or Software are the exclusive property of the Company, the Advertisers and / or third parties.
4.2 The use of the Content is only permitted for private and non-commercial purposes. It is prohibited to copy, publish, distribute, sell or reproduce the Content or to use them for commercial purposes without the prior written consent of the Company. Users of the Portal and / or the Application are only authorized to download and / or reproduce on social networks the Content if this is expressly facilitated by means of the "Share" function indicated on the Portal and / or the Application.
4.3 It is prohibited to modify any Software or to use modified versions of the Software and in particular (without this list being exhaustive) in order to obtain unauthorized access to the service and to access the Portal and / or the Application by another means than by the interface provided to you by the Company for this purpose.
- Rules and principles applicable to the use of the Portal
5.1 Technical access to the Portal and the Application by the Visitor takes place through its internet provider and under the responsibility of the latter. Access to the Portal and the Application is public. However, the Company may disallow access to any unwanted Visitor.
5.2 The Visitor is responsible for managing his access data (email / password) with care, confidentiality and precaution. The Company is not responsible for the misuse of access data or damages resulting from abusive access by unauthorized third parties.
5.3 The content and information available on the Portal and Application do not constitute an offer within the meaning of the Code of Obligations, nor an invitation to make an offer, nor any recommendation from the Company, guarantee of rent, financing or other. Legal, tax or other matters relating to contemplated transactions should be reviewed with the assistance of a specialized third party.
5.4 The transactions that can be made through the Portal and the Application are subject without restriction to all applicable legal provisions. This is true for the legal requirements applicable in any commercial transaction carried out outside the Internet, such as the requirement to be of legal age to enter into a contract. If you do not meet these requirements, you must refrain from completing a transaction through the Portal and the Application.
5.5 The Company is not able to verify the content of the advertisements published on the Portal and on the Application by the Advertisers. It therefore offers no guarantee as to the accuracy or completeness of this information. It is therefore your responsibility to carry out all the necessary verifications, by contacting the corresponding Advertisers or by any other means at your disposal.
5.6 The use of the Portal, the Application and its services is under your sole responsibility and at your own risk. You irrevocably release the Company from any liability for any damage you may suffer in connection with the use of the Portal and the Application.
5.7 By clicking on the links (including banners) on this Portal and this Application, you may leave the site or the Application and go under your responsibility to sites of third parties, outside the control of the Company. Since the latter does not necessarily have exhaustive verification of all the sites linked by a hypertext link, it declines any responsibility as for the contents, products or services or offers which are diffused there. The elements contained on the linked sites are only provided for your convenience and your information. They may be subject to the terms and conditions and privacy policies of third parties.
5.9 The Portal and the Application use Google Analytics, Criteo, Facebook and other similar tools for monitoring and analyzing traffic, so that cookies are set up to:
- enable the proper functioning of the Portal and the Application;
- establish audience statistics;
- understand your navigation;
- display real estate or services tailored to your needs on the Portal, the Application and other sites on which you may be browsing later (such as Facebook or other general sites).
- The Company as an Intermediary & Exclusion of Liability
6.1 The Company acts solely as an intermediary service provider, offering a platform for the online publication of real estate advertisements and associated services related to the sale, purchase or rental of a property. As such, it is not involved in the sale, purchase, rental or other transactions relating to real estate posted online by the Advertisers, which are the exclusive responsibility of the parties concerned (where applicable, the Advertiser and the interested Visitor or the partners (Firstcaution, PostFinance-Valuu, specialized real estate agencies to assist in the sale of a real estate property valued on the Portal) and the interested Visitor).
6.2 Although it takes or arranges, in accordance with the rules of the art, the technical and organizational measures necessary for the proper functioning of the Portal and the Application, the Company offers no guarantee as to the availability of the Portal or the application and does not respond to a transmission error, malfunction or interruption of service of the Portal or the Application. Any claim by the Visitor in this respect against the Company or its associates and auxiliaries is excluded, including in case of indirect and consequential damages to the use of the Portal or the Application, in particular for the loss of gain or claims of third parties.
6.3 In the area of security, the Company instructs specialized third parties to implement all the necessary measures according to the rules of the art to avoid an intrusion, the introduction of viruses or other illicit technical harmful methods. Absolute security on the Internet cannot be guaranteed, however, the Visitor uses the Portal and the Application at his own risk.
6.4 The Company is not responsible for the information published by the Advertisers on the Portal and the Application. The content of the ads is not his responsibility, as the publication of objects already sold or rented.
- Protection of your personal data
7.2 By filling out the contact form with an Advertiser for a property that interests you or with one of our partners to benefit from a no-obligation rental guarantee offer, personalized advice for financing your property purchase, or by answering the questions asked in the context of the pre-estimate of a property, you accept that the Company may send this information to them. Once transmitted, its use in accordance with applicable legal provisions is no longer the responsibility of the Company, but solely of the Advertiser, of our partner Firstcaution for rental guarantee, of our partner PostFinance-Valuu for the financing of your property, of our partner Fahrländer Partner AG to obtain a pre-estimate of a property or of the specialized real estate agencies that can assist you in your project to sell a property for which you have requested a pre-estimate on the Portal.
7.3 When you register or when you fill out a contact form with an Advertiser for a property, your consent is required to receive an e-Newsletter from the Company. You can unsubscribe from this Newsletter at any time by clicking on the corresponding link in the body of the email or by going to the "My Account" section once logged in.
7.4 During your real estate search, you can customize your search with your criteria and create an alert to receive new properties matching your criteria by email or push notifications on the Application. You can delete your alerts (emails or push notifications) at any time by clicking on the corresponding links in the body of emails or in the "My Account" section on the Portal or on the Application. If you no longer wish to receive push notifications on the Application immobilier.ch, simply go to your mobile phone settings in the "Notifications" section and deactivate the notifications for the Application immobilier.ch.
7.5 When pre-estimating the value of a property, you will find your pre-estimates in the "My account" section on the Portal or on the Application. If You wish to delete them, simply log into "Your account", go to your pre-estimates and delete them one by one.
7.6 To facilitate your real estate search and benefit from services, you can create an account on the Portal or on the Application. You can delete your account at any time by clicking on the corresponding link in the "My Account" menu on the Portal or on the Application.
- Final provisions
Changes to these Terms of Service
8.1 The Company may modify these Terms of Service at any time without notice. The modifications are applicable with immediate effect to any Visitor, even if it is a Visitor who has already accessed the Portal or Application and accepted these Terms.
Nullity of certain provisions
8.2 If any provision of these Terms of Service were to be invalid or unenforceable, the remaining provisions would be applicable. In such a case, the null or non-applicable provision would be interpreted as close as possible to what was originally intended.
8.3 The Visitor understands that the use of the Portal and the Application and the resulting transactions with advertisers may, depending on the circumstances, be subject to a law other than Swiss law. It is therefore incumbent upon him to inquire about this. The Company declines all responsibility in this regard.
Applicable law and dispute resolution (for)
8.4 These Terms of Service are governed by Swiss law, excluding any conflict of laws rule. The exclusive place of any proceeding arising therefrom is fixed at the registered office of the Company.
Nyon, 6 July 2021