- for the use of the platform „worldimmotrade“ -
1. Service Provider, Subject Matter, Scope of Application
1.1. The present General Terms and Conditions (referred toas "T&C" hereafter) shall apply to the use of the market place operated on the website www.worldimmotrade.de/com/ru for purposes of sale and rental of foreign country real property (referred to as the 'Platform') and where advertisers may place advertisements for the sale and/ or rental of real property and interested users may view such advertisements. The T&C shall not only apply to users publishing advertisements on the Platform but also to all other uses of the Platform, including without limitation the research for goods and services advertised on the Platform. The Platform services are provided by WORLD IMMOTRADE GmbH, An der Stadtmauer 23, 65191 Wiesbaden, Germany (hereinafter referred to as "we" or "us").
1.2. Definitions:
1.2.1. Serving of advertisements shall be defined as "Advertisements" hereinafter.
1.2.2. Persons publishing advertisements on the Platform shall be referred to as "Advertisers" hereinafter.
1.2.3. Persons researching the Platform for real property offerings shall be referred to as "Prospects"hereinafter.
1.2.4. Communication, ratings and/or other content communicated by Users on or via the Platform shall be referred to as "User Contributions" hereunder.
1.3. For Prospects the use of the Platform is free of charge.
1.4. Our offers, services and performances shall solely be subject to the present Terms and Conditions. Contradicting or additional terms and conditions of the customer shall not become part of the contract.
2. Conclusion of Contract, Contract Languages
2.1. Conclusion of contract in case of services rendered against payment:
2.1.1. Only if and once you order services on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.2.1.2. We may accept your offer within five days bysubmission of a confirmation of order by post or email, orrequest to make payment.Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.
2.2. Conclusion of contract in case of services rendered free of charge:
2.2.1. Our making available of the website does not yet constitute a binding offer for conclusion of a contract on the respective use. A binding offer shall only occur once that the User transfers its request for registration to us. Where we are accepting such offer, we will do so by confirming the registration of the User by email or by publishing User's content or ratings on the Platform.
3. Contract Languages
3.1.1. Languages made available for conclusion of the contract shall be English and German.
4. Storage of the Provisions of the Contract
4.1.1. We will store the provisions of the contract, including the order/ registration information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order/ registration information is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
5. User Account (Registration)
5.1. Registrants shall enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
5.2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
6. Services and Prices
6.1. Formats, placements and time slots for the Advertisements as well as special restrictions, if any, for Advertisements and the respective prices shall be set forth in our service description and price list for the respective products as current at the time of conclusion of the contract.
7. Requirements regarding Advertisements
7.1. Hyperlinks: Should an Advertisement include a hyperlink, the Advertiser shall ensure the technical availibility of the target site as well as the compliance of such target site and of its environment with the applicable laws.
7.2. Compliance with applicable laws: You shall ensure that your Advertisements will not violate any provisions of the applicable laws.
7.3. No breach of third party rights: Your Advertisement must not conflict with industrial or intellectual property rights of third parties like e.g. the right of a person in its name, trademark rights, registered designs or copyrights. The Advertiser guarantees that it is in the legal position to grant us the necessary rights for the placement of its Advertisement and in the content of same, and that third party rights are not violated.
7.4. Obligation to indicate an Imprint The Advertiser shall ensure that its Advertisements contain an imprint. A link to an imprint contained elsewhere shall suffice. The imprint shall comply with the requirements of mandatory imprint provisions under the applicable laws. In case of estate agents, this shall include without limitation the specification, address and phone number of the competent permission authority under Nr.1 of the 1st sentence of section 34c para. 1, of the German Industrial Code ('Gewerbeordnung').
8. Requirements for User Contributions
8.1. Only lawful User Contributions (communication, ratings or similar) may be communicated on or via the Platform. Including without limitation, User Contributions and/or placement of same on the Platform must not violate third party rights (e.g. the right of a person in its name, trademark rights, registered designs, copyrights, privacy rights, personality rights etc.). The User guarantees that it is in the legal position to grant us the necessary rights for the placement of its User Contributions on the Platform, and that third party rights are not violated.
8.2. User Contributions, whether in pictures or words, must not contain any representation of violence and must not be sexually offensive. User Content must not contain any discriminating, offensive, racist and/or defamatory statements or representations and/or which are otherwise unlawful or unethical.
8.3. Users' ratings on Advertisers may not contain false statements or abusive criticism and may not breach personality rights.
9. Blocking of Advertisements
9.1. We shall be permitted to block Advertisements promptly if and once that there are indications that such Advertisements or a website they are linking to, or the surroundings of the respective linked website is unlawful or breaching any third party rights. It shall be deemed an indication or breach of rights within the aforesaid meaning, among other occurrences, if any third party(ies) takes measures against us or you and where such measures are based on actual or alleged unlawfulness and/or breach of rights. The blocking of the applicable Advertisement shall be lifted if and once the respective suspicion of unlawfulness or of a breach of third party rights will be cleared out.
9.2. We shall inform you promptly on any blocking of Advertisements and shall request you to clear out the respective reproach within an adequate time period which we shall determine in good faith in connection with our aforesaid request. Following unsuccessful expiration of such aforesaid time period we shall be entitled to terminate the contract without notice.
10. Blocking of User Contributions
10.1. We shall be entitled to block and/or delete User Contributions at any time.
11. Invoicing via Email11.1. We shall be entitled to submit invoices via email.
12. Exclusions and Limitations of LiabilityOur liability for damages shall be subject to the following:
12.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
12.2. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
12.3. Otherwise our liability, regardless of its legal grounds, shall be excluded.
12.4. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
12.5. Any liability based on the assumption of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz") shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
13. Miscellaneous
13.1. The laws of Germany shall apply, under exclusion of the Convention on the International Sale of Goods. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
13.2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at Producer's location instead.