Scope of Application
These General Terms and Conditions (the “GTC”) govern the contractual relationship between the users of www.leadingproperties.com and www.mylpw.io (the “Platform”) and Leading Properties of the World (LPW) SA (“LPW”) with respect to the services provided by LPW via the Platform. The GTC form an integral part of the services agreement between LPW and the clients/user.
Wherever used in the present GTC with the first letter capitalized, these terms have the following defined meanings:
UserAll the visitors and users of the Platform.
Content ProviderProperty developers and sale agents under a Marketing Services Agreement (the “MSA”) with LPW
AgenciesSale agents under a Platform Services Agreement (the “PSA”) with LPW.
ClientsAll consumers using services provided by the Platform or by the Agencies.
Real EstateProperty comprised of both commercial and residential land and/or the buildings (e.g. land lots, construction land, residential property, parking spaces).
Off-marketOff 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.
Services provided via the Platform
LPW provides the following services:
- international marketing of the Real Estate and associated services;
- search for new clients and business introduction;
- communication services;
- quality monitoring of the real estate services and customer services provided by the Agencies and property developers to their clients in relation to the Real Estate content provided by the Platform;
- training and consulting related to the above services.
Absence of offer
The information published on the Platform does not constitute a binding offer or recommendation in respect to rent, purchase or sale, financing or insurance of Real Estate or investments in financial products.
LPW reserves the right to change content, products and services (including eligibility for particular features, products and/or services) at any time without prior notice.
All the rights for 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, are the exclusive and comprehensive property of LPW unless specified otherwise. All third-party owned materials contained on the Platform are reproduced with the permission of the respective owners.
The Platform offers a unique function “Off-market” allowing Users to obtain information concerning unlisted Real Estate.
Off-market Real Estate is available on request only. The Users acknowledge and agree that by requesting information about Off-market Real Estate they engage to keep such information strictly confidential.
Ban on republication
The content provided via the Platform is made available for the private and individual use. By accessing the Platform, the User expressly agrees not to copy, publish or provide access to the elements and information offered, in any form whatsoever, particularly on the world wide web.
Therefore, the User must obtain, without exception, a prior written authorization according to the present GTC from LPW for any commercial use. In particular, for any republication of elements in any media whatsoever or providing public access to the content available on the Platform on a URL other than www.leadingproperties.com and www.mylpw.io.
Registering on the Platform and confidentiality
In order to benefit from additional services offered via the Platform, the User should proceed with the registration on the Platform. The access given to the registered User shall be deemed its sole responsibility. In particular, the registered User is obliged to keep its usernames and passwords confidential and not to make them accessible except to authorized persons within the company, where applicable. The registered User is also liable for any misuse of its usernames and passwords.
The registration provides the Content Provider with access to the administrative online panel www.mylpw.io through which it can operate manual process of submission of the content.
By registering on the Platform the User accepts to receive electronic newsletter. The registered User can unsubscribe from the newsletter at any time by clicking on the relevant link in the body of the newsletter. The User must be aware that in case of un-subscription, there will be no other possibility to obtain the important information about the operation of the Platform and modifications of the user agreements.
The registered User undertakes to inform LPW immediately of any unauthorized use of its access or any improper behavior noted on the Platform.
Submission of advertisement offers
The Content Provider can submit the content electronically via administrative online panel www.mylpw.io.
On the request of the Content Provider, the LPW can authorize an automatic upload of the content via common xml formats for the data transmission.
LPW reserves the right to monitor and modify the uploaded content and/or request changes to it at any time or to refuse and/or delete it without stating reasons.
LPW states its intention to consider the suggestions of the Users of the Platform either individually or in course of further development and improvement of the Platform services.
The content which do not relate to a specific offer but solely advertise the Content Provider, those which refer to other sites, and those which LPW deems unlawful or which violate third party rights will not be published.
The Content Provider authorizes LPW to integrate the content into the Platform, to advertise the information provided by the Content Provider by all available means including electronic and printed mass-media.
LPW collects data only to the necessary extent and handles it with care.
LPW complies with the provisions of the Swiss data protection law.
The Users acknowledge and consent under the Swiss data protection law to the processing of its personal data and its transfer by LPW to other countries where there is no legislation granting adequate data protection. By accessing and processing personal data (including from abroad), the User engages its sole responsibility with regards to the compliance with data protection.
LPW reserves the right to transfer to the Content Provider the information related to the Users’ requests about the content of the Platform.
The Content Provider acknowledges that all Users have the access to the content published on the Platform. The Content Provider agrees that LPW may distribute the data through other channels (e.g. in social media channels or mobile portals).
The Content Providers may provide content not intended to the public access and available on request only (“off-market”).
Distribution and responsibility of users
The information on 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. None of the services referred to on the Platform are available to persons residing in any country where the provision of such services would be contrary to local law or regulation. It is the responsibility of users of the Platform to ascertain the terms of and comply with any local law or regulation to which they are subject.
Absence of guarantee
The Platform contains the information provided by the third parties, consisting in particular of texts, images, graphics, plans, links etc.
LPW strives to ensure that the information on the Platform is accurate on the date of publication. However, neither LPW nor its contractors give an explicit or implied assurance or guarantee of any kind (including to third parties) in respect to the accuracy, reliability or completeness of the information and content (visual data, extracts from city plans, financing proposals, insurance offers, etc.).
The information on the Platform can be altered at any time without prior notice by LPW.
Exclusion of liability
To the maximum extent permitted by law, all liability (including negligence) of LPW for any loss or damage of any kind arising from accessing the elements of the Platform or use thereof or arising from the inability to access or use the same is excluded.
Except as otherwise required by law, LPW will not be liable for any loss resulting from a cause over which LPW does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
LPW specifically exclude any liability for damage to the User's equipment, to its data and software. The traffic is conducted over a public network, the internet. All warranties and liability of LPW are excluded with regard to any software supplied by LPW and any consequences arising from and during the transport of the software via the internet.
Some or all of these limitations and exclusions may not apply to a state, country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages.
The User shall indemnify, defend, and hold harmless LPW, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to the User’s use of and/or conduct in connection with the Platform and/ or any violation of these GTC, any law or the rights of any third party.
Responsibility of the Content Provider for the content
The Content Provider is responsible for the submitted data.
The Content Provider particularly guarantees that such data are legal and up-to-date. The Content Provider insures that it hold all rights to commercialize the corresponding Real Estate, in accordance with local legislation.
Amendments to the GTC and severability
LPW reserves the right to amend the present GTC at any time without prior notice by publishing the new GTC on the Platform. Amendments shall apply as soon as they are published on the Platform.
The further use of the Platform following such amendments shall be deemed to constitute consent to the amendment.
If for any reason any provision of the present GTC 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.
The use of the Platform constitutes an acceptance of those terms. No objection is possible; the sole option is to immediately cease the use of the Platform.
LPW reserves the right to terminate the use of the Platform at any time, for any reason, with or without cause and without prior notice.
Governing law and jurisdiction
The present GTS and their enforcement are governed and construed in accordance with Swiss law.
Any dispute arising with respect to or in connection with the present GTC shall be submitted to the exclusive jurisdiction of the courts of Geneva (Switzerland).
The present General Terms and Conditions were last modified May 2016.