General Terms and Conditions (Ts&Cs) for Property Offerors
1. General
(1) Veoves Limited & Co. KG operates the Internet sites inmolibre.com and imolivre.com and will hereinafter be referred to as INMOLIBRE. The following terms apply to the use of INMOLIBRE services by commercial and private property offerors who wish to use the aforementioned websites for this purpose, whereby in order to protect private offerors, terms on distance contracts as well as further terms for the information of private offerors are taken into consideration.
(2) Veoves Limited & Co. KG is a business partnership founded according to German law. The head office is located at Steinbrücke 22a, 06449 Aschersleben. Local district court is in Stendal, commercial register 1963. Managing director is Tobias Haase.
General partner is Veoves Limited, a capital company established in Great Britain with limited liability. The head office of Veoves Limited is located in Coventry, Company Number: 06523003, Companies House of Cardiff.
(3) INMOLIBRE can alter and amend the Ts&Cs set out here within the legally permissible framework. However, the relative terms are valid as amended at the actual time of use of the herein described services and therewith at the time the contract is signed.
2. Scope of services
(1) The property offeror can present properties by using the online templates available on the INMOLIBRE website and entering the required data. Any data entered will be stored by INMOLIBRE. The terms on the storage of data are set out in item 3 of these Ts&Cs.
(2) The content of the property advertisement consists of a description of the property with a heading and up to three images. The image that is uploaded first will be the panorama image as well as the image that appears on the list page.
(3) The presentation of a standard advertisement (description, heading, three images) on the INMOLIBRE website is free of charge. The advertisement will appear for one month before being automatically deleted.
The intention is to introduce a fee; however this shall only apply to future contracts subject to the altered Ts&Cs available on the INMOLIBRE websites. Additional services must be paid for on the basis of the price lists which can be found on the INMOLIBRE websites. As soon as a property has been sold or let, the offeror is under obligation to remove the advertisement from the respective INMOLIBRE website.
(4) For the provision of services the offeror will receive a personal account (login) with a username and password, which will be sent to the offeror’s email address.
The INMOLIBRE account is free of charge. Any additional costs that arise, for instance costs for the general use of the Internet, remain unaffected by these regulations.
(5) Once the account has been activated the offeror will be able to place advertisements. INMOLIBRE is only authorised to activate an account and/or advertisement after the personal data, and in particular the address, has been verified. The offeror is under obligation to keep his or her password a secret.
The granting of an account and the placing, revision and deletion of advertisements will all be carried out online.
(6) The offeror is responsible for ensuring that all details are correct, complete and truthful. Any alterations to personal or business-related data should be communicated without delay. If any incorrect details are entered, the entry concerned will be deleted.
(7) The offeror shall only use images related to the property. Private offerors are under obligation to ensure that no photographs or ground plans contain, amongst other, any recognisable company logos, HTML tags, Java Script applications or domain names.
(8) The offeror is under obligation to ensure that no data is communicated or published on the INMOLIBRE website that infringes any third-party rights (copyrights, naming rights, trademarks, etc.).
Should any such right be infringed, the offeror is under obligation to make any associated costs available to INMOLIBRE for the purpose of disputing the claims of third parties.
(9) The above named services shall only be made available by INMOLIBRE once the offeror has accepted these General Terms and Condition (Ts&Cs).
Furthermore, the offeror must first click on the field “Place Property” in order to place, revise and delete individual advertisements. By doing so he or she accepts the services of INMOLIBRE.
(10) When placing an advertisement on the INMOLIBRE website, the offeror is under obligation to ensure that he or she exercises as much care as possible since the advertisements are placed automatically. No warranty or liability claims against INMOLIBRE exist in respect of any advertisement content placed by the offeror. The offeror is responsible for his or her own content.
This also applies in cases where links are used, since INMOLIBRE has no influence over the content of any other websites.
3. Data protection
(1) INMOLIBRE uses stored data within the legally permissible framework for the purposes of operating its websites and will not pass on this information to any third parties.
The stored data may be processed and used by INMOLIBRE for any other websites that it operates.
(2) Right of withdrawal
The offeror has the right of withdrawal in respect of the use the data and content he or she provides. To do so, he or she should send an informal email to inmolibre@veoves.com.
For private offerors, the agreement to the use of data can be rescinded in writing or by email at any time with future effect. The rescission should be sent to:
Veoves Limited & Co. KG
Steinbrücke 22a
06449 Aschersleben
Germany
Email: inmolibre@veoves.com
Once the rescission request has been received, any data affected by the offeror’s objection must be deleted without delay by INMOLIBRE. Should the offeror make use of the right of withdrawal by email, he or she should do so by using the same email address used to register with INMOLIBRE.
(3) Use of data
The offeror agrees that any data provided may be used in an anonymous manner in order to, for example, compile internal statistics and in particular for the classification of rubrics (regions, etc.).
INMOLIBRE must take all necessary technical and organisational measures to comply with data protection regulations in respect of the use of any data not published in advertisements.
The offeror can receive information at any time in respect of his or her stored data. This can be requested by using the same contact details given for the right of withdrawal.
(4) INMOLIBRE would like to point out that any data voluntarily made available by the offeror relating to the actual presence of a property within the context of an advertisement may be viewed on the WorldWideWeb by anybody. With this in mind, when creating his or her advertisement it is up to the offeror to decide which of the data provided to INMOLIBRE should be published and made available to prospective parties within the context of said advertisement.
(5) INMOLIBRE would further like to point out that any data published within the context of an advertisement may also be viewed and used by third parties in states outside the application area of the data protection directive of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
(6) INMOLIBRE is permitted to provide information on inventory data according to legal regulations within the terms of § 14 of the German Telemedia Act.
(7) If actual evidence exists suggesting that any offeror has improperly used and/or is improperly using the services provided by INMOLIBRE, then INMOLIBRE reserves the right to process and use the offeror’s personal- and company-related data and make it available to third parties.
This right exists due to the predominant interest in reporting misuse and prosecuting those responsible.
INMOLIBRE has the right to forward the offeror’s data to the prosecuting authorities and law courts in the context of a prosecution process for the purposes of information and clarification.
4. Termination
(1) INMOLIBRE can prematurely terminate its obligation to provide services if the offeror is found to be repeatedly in breach of contractual obligations and/or official or legal regulations, despite previous warnings.
(2) The extraordinary right of termination for good cause remains unaffected. Good cause for extraordinary termination without previous warning exists in particular if the offeror provides false information, or publishes content which is criminal in nature and damaging to third parties.
5. Liability
(1) The liability of INMOLIBRE and its auxiliary agents is limited to intent or gross negligence unless there is injury to body, life or health, or if fundamental contractual obligations exist.
(2) No liability exists for any failures over which INMOLIBRE has no influence. In this regard attention is expressly drawn to the fact that technical problems may occur over which INMOLIBRE has no control, like website failure or problems with uploading data, etc.
(3) INMOLIBRE uses the “GeoNames” database, which is a freely usable database for place names. INMOLIBRE takes no responsibility for the content of this database.
(4) INMOLIBRE takes no responsibility for third parties or prospective parties and the content of their declarations. A contractual relationship exists solely between the offeror and the prospective party in respect of the property. INMOLIBRE has no involvement in the letting or sales contract, or any other property contract or any part thereof, and INMOLIBRE is not liable for the contents of the contract.
(5) Should any claims arise by third parties against INMOLIBRE due to information provided by the offeror, then the offeror is under obligation to release INMOLIBRE from these claims and undertake any associated costs for the purpose of disputing said claims.
6. Closing provisions
(1) Unless the prerequisites for a jurisdiction agreement according to German law exist, that is, the offeror is a trader within the meaning of the code of commercial law (Handelsgesetzbuch, HGB), the court of jurisdiction is the place where INMOLIBRE has its headquarters. In this respect German law applies.
(2) Should any provisions in these general terms and conditions be ineffective, the validity of the remaining provisions remains unaffected. An appropriate provision shall be found, which resembles the invalid provisions most closely regarding the intended content.
Last updated: 1 May 2008, version 1.1.2