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Platform Services
Terms and Conditions

1

Scope of Application

Leading Properties of the World (LPW) SA (hereinafter referred to as "LPW SA") grants right to access and use the Platform (as defined in the Section 2) only upon the acceptance of the present Platform Services Terms and Conditions of (hereinafter referred to as the "Terms and Conditions"). The present Terms and Conditions apply to the Platform Services Agreement (hereafter referred to as "PSA") and form its integral part.

2

Definitions

Wherever used in the present Terms and Conditions with the first letter capitalized, these terms have the following defined meanings:

  • Services
    Services are defined as the right to use and access the Platform and the right to grant access to the Platform to the third parties.
  • Platform
    Platform means the technical tools managed by LPW SA and used by LPW SA to provide software through which the Agencies and their Clients may access the Database.
  • Database
    Database means the content of the Platform, including but not limited to all text, data, images, materials and any updates, corrections and other modifications thereto provided.
  • User License
    User license is defined as an authorization granted by LPW SA in the form of an identifier and a password for access the Platform through www.mylpw.io .
  • Priority Date
    Priority date is defined as the date when the content item appears on the Platform managed by LPW SA.
  • Agencies
    Agencies are defined as sale agents who have signed the PSA with LPW SA.
  • Clients
    Clients are defined as all consumers who access, use, view or purchase the Agencies’ services, including but not limited to potential buyers and tenants of the Real estate, Real estate brokers and Real estate agents.
  • Real Estate
    Property comprised of both commercial and residential land and/or the buildings (e.g. land lots, construction land, residential property, parking spaces).
  • Off-market
    Off market is a unique function offered through the Platform allowing Agencies and other Users to obtain information concerning unlisted Real Estate, on a confidential basis.
3

Grant of right

LPW SA grants the Agencies the right to access and use the Platform.

LPW SA also grants the Agencies, the right to reproduce the content of the Platform to third parties, including Agencies’ Clients on URLs set forth in Section 1.2 PSA for the marketing of the Real Estate purposes.

4

Scope and limitations

The access granted to the Agencies under the User License shall be deemed their sole responsibility. In particular, the Agencies are obliged to keep their usernames and passwords confidential and not to make them accessible except to authorized persons within the company, where applicable. The Agencies are also liable for any misuse of their usernames and passwords.

The provisions of the present Terms and Conditions govern any upgrades provided by LPW SA that replace and/or supplement the original Platform.

The Platform is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of the Agencies to comply with any local law or regulation to which they are subject.

5

Intellectual property

The Agencies acknowledge and agree that the software and other work products, services, procedures, equipment, designs, technologies, trademarks, companies, inventions, and all materials which are in any way connected to the Platform, and in particular the content and information owned and made available by LPW SA, including all intellectual property rights therein or thereto, are the exclusive property of LPW SA.

Title to and ownership of all rights, including intellectual property rights, shall remain exclusively with LPW SA and nothing in the present Terms and Conditions and/or PSA shall be construed to effect a transfer, assignment or license of such rights to the Agencies.

The Agencies acknowledge and agree to put on their websites with URLs set forth in Section 1.2 PSA a reference to www.leadingproperties.com

In the event that the Agencies become aware that any third party is infringing or otherwise making unauthorised use of the Platform, they shall promptly notify LPW SA in writing of such infringement or unauthorised use.

LPW SA reserves the right to use all the information that is processed using the Platform. LPW SA undertakes that this processing is performed in a strictly anonymous and confidential way, including for statistical purposes.

6

Off-market

The Platform offers a unique function "Off-market" allowing Agencies and other Users to obtain information concerning unlisted Real Estate.

Off-market Real Estate is available on request only. The Agencies acknowledge and agree that by requesting information about Off-market Real Estate they engage to keep such information strictly confidential and to communicate it only to those of theirs directors, officers, employees, agents, professional advisers or auditors (all of whom shall be informed of the confidentiality thereof and shall agree to keep it confidential to the same extent the Agencies are bound) as far as such communication is necessary for the completion of the Real Estate transaction.

7

Priority of the content

Agencies acknowledge and agree that the content provided via the Platform at the Priority Date is considered by the Agencies as the only one in possession of Agencies. In the event the Agencies receive the content of the Platform from other sources after the Priority Date, the Agencies shall reproduce the content from the Platform and not the content received via such other source unless LPW SA provide a written consent to do so.

The Agencies acknowledge and agree not to make any effort to bypass the Platform in order to contact any third party which provides the content to the Platform. In the event, if the Agencies use the content provided by the Platform after the Priority Date to contact the corresponding third party, the Real estate transaction is considered to be carried out via the Platform.

8

Redistribution

The Agencies acknowledge and agree not to distribute the Platform’s content to third parties, third party sites, or any other person, entity, or site except as expressly permitted pursuant hereto.

Notwithstanding the foregoing, the Agencies may distribute the content of the Platform in newsletters, social networks and alerts to fulfil Client’s searches, provided that it keeps the indications relating to intellectual property rights, other notices of rights and provided that it expressly refers to the source.

9

Reservation of the agencies rights

Except as expressly set forth herein, LPW SA acknowledges and agrees that nothing in this Terms and Conditions will prevent or restrict the Agencies from displaying and/or using data other than the content of the Platform, obtained from a source other than LPW SA before the Priority Date.

LPW SA acknowledges and agrees that nothing in this Terms and Conditions shall grant it any right, title or interest in any information, content, or data obtained from a source other than LPW SA before the Priority Date.

10

Risks

As a condition to the Services, the Agencies acknowledge and agree that their access and/or use of the Platform will expose them to risks associated with the access and/or use of software that may not be compatible with their computer equipment.

The Agencies acknowledge and agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment.

LPW SA expressly disclaims any liability with respect to the foregoing, and the Agencies agree to fully indemnify, defend and hold harmless LPW SA from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.

11

Consent to use the data

The Agencies acknowledge and agree that LPW SA may collect and use technical data and related information, including but not limited to technical information about the computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Services, product support and other services to you (if any) related to the present Terms and Conditions.

12

Links and third party content

The Agencies acknowledge and agree that they may link to third party content through the use of the Platform. The third party sites are not under the control of LPW SA and LPW SA is not responsible for the content of any third party sites, any links contained in third party sites, or any changes or updates to third party sites.

Certain third-party information transmitted by the Platform may require additional approvals by the seller, property developer or other third party that supplies such information.

13

Indemnification

The Agencies agree to indemnify and hold LPW SA, its subsidiaries, affiliates, directors, officers and employees, harmless from and against any liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, attorneys’ fees, expenses and disbursements of any kind which may be imposed upon, incurred by or asserted against any Indemnified Party by any third party in any manner relating to or arising out of the use of the Platform and arising out of any breach of PSA by the Agencies.

14

Warranty disclaimer

The Agencies acknowledge and agree that LPW SA does not make any express or implied warranties as to the Platform, including but not limited to implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the performance of the Platform is with the Agencies.

LPW SA does not warrant that the functions contained in the Platform will meet the Agencies requirements or that the operation of the Platform will be uninterrupted, timely, secure or error free.

LPW SA also does not make any warranty that the results obtained from the use of the Platform will be accurate or reliable, or that the quality of any products, services, information, or other material related to the Platform will meet the expectations of the Agencies.

LPW SA and its third party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the Platform.

15

Relationship with third parties

The Agencies acknowledge and agree that LPW SA does not assume any responsibility for any information, decision or commitment made by the Agencies related to the use of the Services offered by LPW SA.

LPW SA does not perform any activity of sale, offer, purchase or similar activity for itself or on behalf and for the account of a Client.

The present Terms and Conditions and the PSA are applicable between LPW SA and the Agencies and are not intended to deploy any effect for the benefit or detriment of any third party.

16

Immediate termination

The Content Provider is responsible for the submitted data.

In case of breach by the Agencies of the PSA and/or the present Terms and Conditions, LPW SA reserves the right to take any measures it deems appropriate, including immediate termination of the contractual relationship.

LPW SA notify the measure to the Agency in a reasonable period of time.

17

Effects of term and termination

Upon termination of the PSA, the Agencies shall cease all use of the Platform and destroy all copies of the Platform’s content.

The Agencies acknowledge and agree that certain information is being supplied by third parties with whom LPW SA has entered into an agreement. In the event any agreement between a third party provider of information and LPW SA is terminated, LPW SA shall stop providing the Agencies with this information immediately and without notice.

18

Amendments to the terms and conditions

LPW SA reserves the right to amend the present Terms and Conditions at any time. LPW SA shall inform the Agencies of such amendments in a manner it considers appropriate. Unless an objection is made within one calendar month of the notification, such amendments shall be considered as approved.

19

Severabitily

If at any time any provision of the present Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

20

Governing law and jurisdiction

The present Terms and Conditions are governed and construed in accordance with Swiss law.

Any dispute arising with respect to or in connection with the present Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Geneva (Switzerland).