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General conditions of business:
The following general conditions of business (CGB) govern the legal relationships between MAX-IMMO Ltd. for the one part and the goods and service providers or consumers for the other part. The GCB are supplemented by the “disclaimer”.


Services offered by the MAX-IMMO Ltd.:
Under max-immo.ch, MAX-IMMO Ltd. offers services and information about real estate on the World Wide Web (www). max-immo.ch offers real estate providers the opportunity to advertise property offers and information on max-immo.ch
The entire offer from max-immo.ch is intended for users who reside in Switzerland. The applicable law in any case is Swiss law.


Access to the service offer:
Users access the services of max-immo.ch through their chosen internet providers and are responsible for its functionality. MAX-IMMO Ltd., therefore, does not take responsibility if the website and its services are at times not available for its customers.


Obligations of the user:
The user is responsible to handle the information entrusted to him by MAX-IMMO with the required care and confidentiality. The user must check all the received or entered data for its completeness and accuracy. Responsibility for the transmitted data remains with the user until it is confirmed by the system.


For landlords:
The client will provide and inform us of all significant information required for the marketing of the property. This will be prepared by us and sent to interested parties as an offer. All of the costs and expenses of advertising will be borne by us and are free of charge for the client. This also includes free publication on homegate.ch.

This agency contract is based on a simple contract within the meaning of Art. 394ff OR (Swiss Code of Obligations). The service is free for the client; in return the client undertakes by entering into the contract to inform us of who the tenant is once a lease is entered into. The landlord must provide the name and surname of the tenant as soon as possible after the lease is entered into. If the nomination of the tenant involves administration, the client must inform us of this in writing and endeavour to find out the name as quickly as possible and inform us of same.


For tenants:
The data in our offers are non committal and not obligatory. They are based on clients’ information and should be rechecked. MAX-IMMO Ltd. bears therefore no responsibility for the rightness and completeness of the information inserted by the customer. The enterprises/objects may be offered correspondingly to several interested parties. Mistakes and prior lease/ sales are allowed.

Because our customers are free to advertise their property elsewhere, it is possible that one and the same object might be advertised more than once or elsewhere. If the interested party/ the potential tenant is already informed and recognizes the advertised object (identification of address and contact person of the advertised object), he has to inform us about the date and source of prior notification in a written form within 48 hours. If he fails to do this, the object will be considered as being mediated through us and our commission fee is due.

Our services remain free of charge until a potential tenant moves into one of our rental objects. In this case a commission fee of 25% of one full monthly rent (net rent including additional costs) is charged, plus statutory 8% VAT = 27% of full rent.

The agreement-notice is at the same time an acceptance of our general privacy policy conditions. The rental contract regarding the brokerage object should be immediately informed to us.The commission fee is due if the rental of one of our objects has been mediated through us.


For vendors:
The client will provide and inform us of all significant information and documentation required for the marketing of the property. This will be prepared by us in our in-house computer system and sent to interested parties as an offer. All of the costs and expenses of advertising and administration will be borne by us.

Our offers are subject to change without notice: the vendor is not bound to us and may publish details of the property elsewhere. They are also entitled to engage another agent, but we must be informed of this.

The agreed agency fee, accrues and is due if a legal transaction (purchase) occurs through our listing or agency.

We must be notified of the commencement of contract negotiations and the signing of a contract. If the vendor is already aware of a potential purchaser at the time of submission to MAX-IMMO, they must inform us of this in writing as soon as possible. If they do not do so and a purchase occurs, the property will be regarded as having been brokered by us and the agency commission will be due.


For purchasers:
The information contained in our offers is non-binding and subject to change. It is based on information from the client and must be checked. No liability is accepted for the correctness and completeness of the information, to the extent permitted by law. Establishments/properties are offered to several different interested parties at a time. Errors and prior sales excepted.

If the client is already aware of the listed property at the time it is listed, they must immediately notify us of same. The time and the person offering the property must be named in writing. The knowledge and date of same must be proven if requested. If the listed property is subsequently offered again by a third party, the client must reject this as being previously known, so as not to jeopardise the causality of the agency services.

The commencement of negotiations signifies that a contract is being entered into with us and also represents acknowledgement of the general terms and conditions. A contract in respect of a listed property must be notified to us immediately.


Liability exclusion:
MAX-IMMO Ltd. is neither the provider´s representative nor the seller’s or buyer’s and accepts no liability whatsoever toward third parties such as, in particular, potential clients and property buyers for the proper performance of a purchase or rental agreement which comes into effect as the result of an offer on the platform.

MAX-IMMO Ltd. accepts no liability for orders which are not carried out or not carried out within the stipulated period or for resultant losses. Furthermore MAX-IMMO Ltd. accepts no responsibility whatsoever for the user´s terminal, the technical access to the service offer of max-immo.ch. The data is transmitted via a public network, the Internet.

MAX-IMMO Ltd. excludes liability for all losses which arise as a result of using the Internet. If security risks are identified, MAX-IMMO reserves the right at any time to interrupt the services on the platform in order to protect the users until the risks have been eliminated. MAX-IMMO Ltd. accepts no liability whatsoever for any losses incurred due to this interruption or as the result of a block.


Provisos:
MAX-IMMO Ltd. reserves the right to make changes to the service offer at any time.

MAX-IMMO Ltd. also reserves the right to delete user accounts insofar as there is justified doubt about the accuracy of the information.

MAX-IMMO Ltd. reserves the right at any time to add to its Web site or to alter or delete information.


Foreign laws:
The max-immo.ch user acknowledges that use of homegate.ch and other websites from abroad may, under certain circumstances, be in breach of foreign laws. It is the responsibility of the user to obtain information in this respect. MAX-IMMO Ltd. rejects any liability in this context.


Amendments to the contract:
MAX-IMMO Ltd. reserves the right to change these general conditions of business, including the “disclaimer”, at any time. The current valid general conditions of business, as published on the max-immo.ch site, shall apply on the date on which the contract is concluded.


Proviso of statutory regulations — partial invalidity:
The right is reserved to apply all and any statutory regulations which are applicable to the operation and use of max-immo.ch and these shall also apply to this connection to the max-immo.ch platform from the date they come into effect.

Should one provision of the general or supplementary conditions of business be or become invalid, this will not affect the validity of the remaining provisions. In this event, the parties to the contract agree to find a provision which most closely reflects the commercially intended purpose.


General conditions of business of third parties:
Parts of the platform or specific services are not supplied by MAX-IMMO Ltd. itself. The conditions of business of the respective provider apply to the utilization of these services.


Applicable law and jurisdiction:
This agreement is subject to Swiss law. Place of jurisdiction for all disputes, in connection with the use of services on max-immo.ch, is the registered offices of MAX-IMMO Ltd.


Final Provisions:
These CGB have been modified for the last time on 15.02.2016. This version is a translation. Definitive is exclusively the current German version.
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