Terms and conditions

1. General

1.1. The following Terms of Use (the ToU) shall apply to the website accessible at properstar.com (the Website), which allows you without limitation to contact independent real estate agencies and to further inquire information on real estate abroad of your choice in order to facilitate its purchase, and any other products and/or services available at the same URL address (together the Services), which are provided by ListGlobally SA, rue de la Mercerie 12, 1003 Lausanne, Switzerland (ListGlobally). 1.2. By accessing and using this Website and Services, you agree to comply with and be bound by the ToU. If you do not agree to these ToU, please refrain accessing and using the Services.

2. Registration

2.1. Certain Services and sections of it require the registration of a user profile (the User Profile) and to sign-in before they can be used. By registering a User Profile or using the Services through any other means, you warrant that you are of legal age and have unrestricted legal capacity in your country of domicile or residence. 2.2. You warrant that all information provided to ListGlobally in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time. 2.3. You agree to keep your user name and password confidential. You acknowledge that you are fully responsible for the use that is made of your User Profile, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify ListGlobally of any unauthorized access or use of your User Profile or any other breach of security. 2.4. ListGlobally reserves the right to temporarily or permanently cancel a User Profile at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.

3. Third-Party Content

3.1. Certain users are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, sounds, or other materials (Third-Party Content). Notably without limitation, a real estate agent or real estate agency can describe a real estate property on the Website and upload pictures of it. 3.2. You hereby grant ListGlobally a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, and any intellectual property rights related thereto, to use the Third-Party Content in connection with the Services and in accordance with the Privacy Policy. 3.3. You understand and agree that all Third-Party Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the user from whom such Third-Party Content originates. Any Third-Party Content posted on, transmitted through, or linked from the Services shall not be considered as an endorsement by ListGlobally of any kind. ListGlobally shall have no liability related to the Third-Party Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. 3.4. ListGlobally shall neither be considered like a real estate agency or real estate agent nor as a party to any transaction between you, and a real estate agency or real estate agent. 3.5. ListGlobally reserves the right (but not the obligation) to take any action with respect to the Third-Party Content, if ListGlobally believes that it may create liability for ListGlobally or may cause ListGlobally to lose the services of ListGlobally’s Internet service providers or other suppliers and/or providers. 3.6. ListGlobally cannot, nor does ListGlobally undertake any obligation to, control the Third-Party Content. By its very nature, the information in the Third-Party Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. ListGlobally does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does ListGlobally undertake to verify, update or correct such information. ListGlobally also does not make any representation or warranty, express or implied, regarding any Third-Party Content. ListGlobally reserves the right to adjust, refuse or remove any Third-Party Content at ListGlobally’s sole discretion, in particular to comply with any applicable law.

4. Use of Services

By accessing and using the Services, you shall not without limitation: 4.1. transmit any data for interrupting, damaging or limiting the functionality of the Services, e.g. your use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 4.2. use your User Profile (See definition under Section 2.1 and the Services for any unlawful purpose; 4.3. infringe, or cause a third party to infringe, any applicable law or regulation; 4.4. infringe any intellectual property right, or other proprietary right or right of publicity or privacy; 4.5. use the Services other than for your personal needs or act in the name and on behalf of a third party, whether your client or not, searching for a real estate property; and 4.6. use the Services in breach with the Privacy Policy.

5. Intellectual Property

5.1. The Services are protected by intellectual property rights, notably without limitation copyright and trademarks. Without prejudice to Section 3.2, ListGlobally and its licensors own all intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties. 5.2. The concerned users or their licensors retain ownership of all rights, title and interest in and to their Third-Party Content. 5.3. If you think that the Services or the provision of any content of the Services infringe any copyright, trademark, or other intellectual property right, you may at all times contact ListGlobally at support@listglobally.com and ask ListGlobally to remove such content from the Services.

6. Privacy and data protection

ListGlobally’s Privacy policy is accessible here.

7. Suspension and termination of use

You agree that ListGlobally may, at its sole discretion, suspend or terminate your User Profile, and/or your access and/or use to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability whatsoever. Any suspected illegal, fraudulent or abusive activity may be grounds for termination and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Services will immediately cease, and subject to applicable law, ListGlobally reserves the right to remove or delete any information and/or content, in particular Third-Party Content, including any User Profile or sign in information.

8. No warranties and liability

8.1. You agree that your access and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided to you on an "as is" and "as available" basis, and that to the fullest extent permitted by applicable law, ListGlobally disclaims all warranties, either express or implied, in connection with the Services and their access and use thereof, without limitation with regards to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access and/or use. 8.2. Furthermore, ListGlobally makes no warranties or representations about and bears, unless willful misconduct or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably Third-Party Content, including but not limited to any errors, and/or omissions, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) your access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption, loss of, or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.

9. Limitation of Liability

9.1. To the extent permitted by applicable law, in no event shall ListGlobally, its directors, officers, shareholders, employees or suppliers be liable for any direct or indirect loss, consequential, incidental, special or any other damages arising from or in connection with your access and use of the Services, including authorized or unauthorized third party use of User Profiles, or any reliance on any of the content, notably Third-Party Content, provided on or otherwise in connection with the Services. 9.2. Should you not agree with any part of these ToU or have any dispute or claim against ListGlobally or its suppliers with respect to these ToU, the sole and exclusive remedy is to discontinue using the Website. Notwithstanding the foregoing, this Section 9.2 is not intended to limit the legal rights that you may have as a consumer or under other mandatory applicable law that may not be excluded, nor in any way exclude or limit ListGlobally’s liability.

10. Indemnification

You shall defend, hold harmless and indemnify ListGlobally for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by ListGlobally from another user of the Services or a third party arising out of or in connection with your access and use of the Services and/or any infringement of the ToU.

11. Modification

ListGlobally reserves the right, at its sole discretion, to modify these ToU at any time without prior notice. Any changes will be posted on the Website and become effective at the time of publication. Your continued use of the Services after the effective date of such changes will constitute your acceptance of such changes.

12. Miscellaneous

12.1. Should any provision of these ToU be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these ToU shall remain in full force and effect. 12.2. ListGlobally may assign or transfer its rights and obligations hereunder, in whole or in part, at any time without notice. 12.3. The headings in these Terms and Conditions are used for convenience only and have no legal or contractual significance.

13. Contact

If you have any questions regarding the Services, or the ToU please contact ListGlobally at support@listglobally.com.

14. Governing law and Jurisdiction

14.1. These ToU shall be governed by and construed in accordance with substantive Swiss law, without reference to its conflict of laws provisions. 14.2. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.

ListGlobally SA, Rue Mercerie 12, CH-1003 Lausanne

@ListGlobally – 2018, last update on 26 June 2018