These General Terms and Conditions of myRealEstate (hereinafter “MR.IO”), govern the use of the online platforms operated by myRealestate.io, which are Immo.regroup and petitesannonces.regroup, (hereinafter collectively “marketplaces”) and the products and services offered via the marketplaces. In particular, the General Terms and Conditions also apply to all contractual agreements with MR.IO. In the following, persons who have concluded a contractual agreement with MR.IO are referred to as customers.
2. Entry into force, right of withdrawal, cancellation by MR.IO
MR.IO shall have the right at any time to deactivate a customer’s user account without stating reasons or to cancel a concluded agreement without stating reasons and without compensation within 14 days from the date the agreement was concluded.
If the customer uses the marketplaces and/or the products or services offered thereon in a manner that in breach of contract, unlawful or unconscionable, or if the customer has given cause for complaints to MR.IO because of the poor quality of the data the customer provided to MR.IO , e.g., ad data, MR.IO may withdraw from the agreement immediately without compensation and discontinue its provision of services to the customer without notice and without compensation or deactivate the customer’s user account, as applicable; in either case, any payment in advance for a certain period of time is forfeited, and the customer is not entitled to any refund. MR.IO reserves all rights.
3. Use of the marketplaces with or without registration
The marketplaces may be used with or without registration. However, the use of certain products and services requires registration. Only persons who are at least 16 years of age may register with MR.IO. MR.IO reserves the right to limit registration to certain countries.
MR.IO recognizes as the customer the person who utilises the user ID and password, regardless of whether this person actually has access rights. The person who has registered with MR.IO is responsible for the proper handling of his/her user ID and password.
4. Prices and payment terms
Unless expressly agreed otherwise, the then-current price list shall apply for purposes of calculating the respective prices. MR.IO reserves the right to adjust its prices to market and/or price developments at any time. Unless expressly agreed otherwise, stated prices are net in Swiss francs, including VAT.
Depending on the product or service of MR.IO , an advance payment may be required, which can be processed via the payment methods provided by MR.IO , or made within 10 days from the invoice date, subject to any different payment terms specified in a separate agreement or on the invoice. If the customer fails to make payment on time, the customer is automatically in default. MR.IO may refuse to perform the services and terminate the agreement with immediate effect and without compensation or notice. Furthermore, where payments are not made in a timely manner during the term of the agreement, MR.IO shall also have the right to block the customer’s access to his or her user account. Once all outstanding invoices have been paid in full, the account will be unblocked. In this case, the customer is not entitled to an extension of the agreed contract term by the length of time the account was blocked. Once the time limit for payment is exceeded, the customer must pay the applicable legal default interest. Dunning costs of CHF 50.00 per payment reminder must also be paid. Furthermore, the customer shall be liable for the damages caused to MR.IO as a result of the payment delay and/or the contract termination.
5. Prohibition on further use of information
The right to use information and content for commercial purposes is reserved to customers. Apart from that, customers acquire no rights to content or information made available on the marketplaces. Infringements are subject to civil and criminal prosecution.
Customers expressly undertake not to utilise the information and content made available on the marketplaces in any manner or form outside the marketplaces. In particular, customers shall refrain from copying, publishing or otherwise reproducing (e.g., on the Internet) in any form the data made available on the marketplaces or to link those data to other data.
6. Intellectual property rights
All rights to information, elements and content on the marketplaces, in particular, copyrights, trademarks and designations contained therein, are the property of MR.IO or third parties who have granted MR.IO the relevant rights of use.
Insofar as the contractual use of the marketplaces requires granting the customer rights of use to copyrights, trademarks and/or know-how of MR.IO , these rights shall be granted to the customer by MR.IO on a non-exclusive and non-transferrable basis, to the extent required, for the term of the corresponding contract. The rights of use granted to the customer are personal and non-transferrable. If the customer and MR.IO agree to the use of a service provided by a partner (see Section 14), the present paragraph shall apply analogously for such services.
Content, data, texts, videos, musical pieces, illustrations and other content that the customer transmits to myRealestate.io for publication on a marketplace (hereinafter collectively “ad data”) may not infringe any rights whatsoever, in particular, third-party rights, e.g., rights of privacy and intellectual property rights. The customer may only transmit to MR.IO ad data that the customer himself or herself has created or to the use of which the rights holder has consented.
No addresses (e-mail or postal address), telephone numbers or vehicle registration numbers may be visible in photos used in ads. Photos of persons whose faces are clearly recognisable in the photos may only be used with the consent of the respective persons.
All property-related documents, photos and templates created by MR.IO on behalf of the customer become the property of the customer, as soon as the customer has paid the corresponding invoice to MR.IO in full.
7. Management and development of the marketplaces
The operation and management of the marketplaces are executed by MR.IO. MR.IO may engage third parties for purposes of fulfilling its performance obligations. MR.IO strives to operate its marketplaces as free from disruptions as possible and to minimize interruptions for correcting malfunctions, performing maintenance work, introducing new technologies and the like, but it cannot completely exclude the same. Technical developments are implemented at the sole discretion of MR.IO .
Services provided by partners (see Section 14) are executed and managed by the relevant partners. Technical developments are implemented at their discretion.
8. Publication of ads
By transmitting ad data to MR.IO or a partner of MR.IO (see Section 14), the customer authorises MR.IO to integrate the relevant ad into the marketplaces and other online and offline channels of MR.IO (e.g., as part of trade fairs), as well as into online and offline channels of partners of MR.IO . However, the customer does not have a right to the publication of his or her ads within these services.
MR.IO may interrupt, modify or completely cease the publication of ads at any time for any reason whatsoever and without compensation. MR.IO may also use the ad data for further purposes of its own and for those of its partners, e.g., for generating statistics, or otherwise publish the ad data and store and process them for this purpose.
The customer expressly consents to the direct or indirect transfer of the ad data necessary for using partners’ services (see Section 14), to the storage of such data in the partners’ database(s) and to the use of these ad data by the partners. MR.IO cannot guarantee the confidentiality, integrity or authenticity of the customer’s ad data published by the partners.
9. Data protection
10. Customer rights and duties
The customer undertakes to use the marketplaces and the partners’ services integrated therein (see Section 14) in accordance with the law and the contract. The customer represents and warrants, in particular, that:
- he/she will supply all ad data transferred to MR.IO or its partners in the form and quality specified by MR.IO in accordance with the advertising rules of the respective marketplaces;
- he/she is entitled to all ad data provided to MR.IO or its partners, directly or indirectly, and may use the same within the scope of the contractual agreements with MR.IO ;
- the ad data transferred to MR.IO or its partners are complete and truthful, not misleading or unfair and will continuously be kept current by the customer;
- the products or services offered for sale by the customer are described in an accurate and truthful manner, exhibit the specified qualities and do not infringe applicable laws or rights of third parties (in particular intellectual property rights and privacy rights);
- he/she accepts and will abide by these General Terms and Conditions at all times.
For legal or technical reasons, MR.IO is authorised but not obligated to modify or cease processing, in whole or in part, the ad data transferred by the customer.
The customer grants MR.IO the exclusive right to use the ad data provided. The ad data may not be used by third parties, taken over or copied, except as regards partners of MR.IO. The customer is not entitled to have third parties be able to retrieve the ad data provided by the customer for publication on their platforms. Even if the customer grants the third party a consent to any such retrieval of data, MR.IO is not obligated to permit the retrieval of data.
If legal action is taken against MR.IO by a partner or third party in connection with the use of the marketplaces, an agreement with the customer, ad data provided by customers, or products or services offered for sale by customers, as applicable, the customer shall be responsible for fully indemnifying and holding MR.IO harmless, upon first request, against and from any claims and losses, including covering all court and out-of-court costs incurred by MR.IO . Upon request by MR.IO , the customer must also make available all documents deemed useful by MR.IO for defending against the action and must become a party to the proceedings.
The customer bears all risks that may arise from manipulations of its IT system, malfunctions in its IT system and/or improper use of access rights.
12. Liability and warranty
The marketplaces contain information and content owned by MR.IO , as well as by MR.IO’s advertisers and partners. MR.IO strives to ensure the accuracy of this information and content but makes no express warranties or representations in this respect. This relates, in particular, to the truthfulness, accuracy, completeness and currency of the information and content. MR.IO rejects any liability for losses that may arise from the retrieval, access or use of this information and content. Such information and content are retrieved and used exclusively at the customer’s own risk.
The customer is fully responsible for the products and services offered for sale by him or her via the marketplaces, as well as for the content transferred by him or her to MR.IO (in particular, for ad data, ads and print orders). MR.IO denies any liability for the customer’s content. In particular, MR.IO makes no warranties or guarantees for the products and services offered for sale by the customer via the marketplaces, as well as for any contracts potentially resulting therefrom, e.g., sale contracts made among customers or with users and third parties.
MR.IO does not examine the content of websites linked to the marketplaces and is not liable for the content of such linked websites.
MR.IO is only liable in case of wilful intent or gross negligence. Under no circumstance is MR.IO liable for consequential damages or lost profits. If, despite all due diligence, MR.IO cannot fulfil its contractual obligations because of force majeure events, such as natural disasters, armed conflicts, strikes, unforeseen official restrictions, as well as technical faults that are the responsibility of third parties, the customer has no right to demand performance of the contract for the duration of the event.
Customers shall only have the right to correction by MR.IO for work assessed under the law of contracts for work. Rescission of contract and reduction of the purchase price are excluded. To the extent permitted by law, MR.IO excludes any liability for consequential damages.
MR.IO is not liable for any misuse of the Internet or for associated damages caused to the customer by third parties, for safety defects and interruptions of the telecommunications networks of third parties and the Internet, or for interruptions of operation and disruptions of the marketplaces and third-party offerings.
13. Legal status of MR.IO
MR.IO is not a party to contracts between customers, users or other third parties regarding products and services offered for sale by customers via the marketplaces. MR.IO is in no way responsible for the conclusion of the contract and for any associated risks.
The information and content reproduced on the marketplaces do not establish an offer, an invitation to make an offer or a recommendation concerning rental and/or purchase by MR.IO .
MR.IO is authorised but not obligated to control users’ and customers’ behaviour and their content on the marketplaces or to verify their lawfulness.
14. Use of services of partners of MR.IO
With each use of services of partners of MR.IO that are integrated into the marketplaces, the customer accepts the respective terms and conditions regarding the use of these services.
15. Prohibition on offsetting
The customer is not authorised to offset his or her claims against claims by MR.IO.
16. Prohibition on assignment
Without MR.IO’s written consent, the customer may not assign his or her contractual relationship with MR.IO to a legal successor, nor may claims arising from the contractual relationship with MR.IO. be assigned to any third party without MR.IO’s written consent.
17. Confirmation and changes to these General Terms and Conditions
The customer confirms these General Terms and Conditions each time he or she pays for an ad and publishes it on one of MR.IO’s market platforms. In doing so, the most current version of the GTCs is available to the customer at all times.
MR.IO reserves the right to amend these General Terms and Conditions at any time. The current version will be published in an appropriate location on the marketplaces.
18. General provisions
If any provision of an agreement proves invalid or unenforceable, it shall cease to apply only to the extent to which it is invalid or unenforceable, and shall be replaced by a provision that is as consistent as possible with the economic intent of the invalid or unenforceable provision. Any omissions in the respective agreement must be filled with provisions that are as consistent as possible with that which the parties would have agreed upon, based on the spirit and purpose of the agreement, if they had considered the specific issue when they concluded the respective agreement.
19. Applicable law and jurisdiction
These General Terms and Conditions are exclusively subject to Swiss law, excluding its international conflict of laws rules [Swiss Act on International Private Law (IPLA)]. The exclusive place of jurisdiction and performance is at the headquarters of MR.IO. MR.IO is also authorised to take legal action against the customer at his or her registered office/domicile.