Terms And Conditions
Last updated on: June 20th, 2023
Scope
These Terms and Conditions (hereinafter "TAC") govern the use of the applications, content, products and services (hereinafter "Services") provided by HouseKey GmbH, Baarerstrasse 43, 6300 Zug (hereinafter "HouseKey") via the website www.housekey.ch (hereinafter "Website"). These services include, in particular, the matching of supply and demand on the real estate market.
For the use of certain services, additional contractual provisions may apply, which will be disclosed to you in connection with the respective services. In the event that the TAC conflict with the additional contractual provisions, the additional contractual provisions shall take precedence over the TAC.
Please read these TAC carefully before accessing or using HouseKey services.
Data Privacy
Your personal data is processed in strict compliance with the applicable data protection regulations. You can find more information on this in the data protection provisions. The data protection provisions are an integral part of these TAC.
Services
General
The Services comprise a platform through which you are enabled to invest in offered real estate investments, to participate in the financing of real estate investments as well as to offer real estate investments, which meet the minimum requirements defined by HouseKey, for sale to HouseKey or other users of the platform.
In addition, you may obtain other services from HouseKey or Third Party Providers through the Platform in connection with your use of the aforementioned services. If you use services of third party providers, you agree to the application of the terms of use of the respective third party provider. HouseKey is not responsible or liable for any Third Party Services.
By accessing and using the Services, you agree to refrain from any actions that make it more difficult to broker real estate investments and financing offered through the Platform or that cause you to circumvent HouseKey's compensation structure applicable in connection with the brokerage of real estate investments and financing. There is no entitlement to the use of the services.
Offering real estate investments to other users of the platform
You may offer real estate investments that meet the minimum requirements defined by HouseKey for sale to other users of the Platform in accordance with the conditions defined by HouseKey. However, use of this service is only possible if you are the owner of the real estate investment in question or have been authorized by the owner of the real estate investment to offer the real estate investment for sale on the Platform.
If you wish to offer a real estate investment for sale to other users of the Platform via the Platform, you must enter the content, information and documents required for the publication of your real estate investment (hereinafter the "Offer for Sale"), including any images and videos, via the Platform. In doing so, you are obligated to disclose the essential characteristics for potential interested parties, in particular known or suspected defects of the real estate investment or other facts that have a significant influence on the purchase price. You are responsible for ensuring that this information and documentation is truthful, current, complete, accurate and not misleading. In addition, you are responsible for ensuring that this content, information and documentation, as well as the possible publication of your sales offer, do not violate any legal regulations or the rights of third parties.
After you have completely entered the contents, documents and information, you may be contacted by HouseKey regarding an offer for sale. HouseKey decides at its own discretion whether and to what extent an Offer for Sale will be published on the Platform. There is no right to the publication of an offer for sale, which HouseKey can reject without giving reasons.
The ownership of the information and documents provided by you remains with you. With the application to publish an offer for sale, you authorize HouseKey to publish the information and documents provided by you for the offer for sale and to be published on the Platform and to use and evaluate them for its own purposes. Upon publication, HouseKey is entitled to make the published information and documents available to other users of the Platform and third parties who have agreed to keep such information and documents confidential.
HouseKey is also entitled to use and evaluate a summary of the sales offer for its own marketing and other purposes and to distribute and publish it on the Platform as well as on other channels (e.g. social media channels).
HouseKey reserves the right to request changes to the contents of the sales offer at any time, to make changes or to delete sales offers at any time without consulting you and without giving reasons. You may not assert any claims against HouseKey in connection with any changes or deletions.
Offering real estate investments to HouseKey
In connection with real estate investments that meet the minimum requirements defined by HouseKey, HouseKey can provide you with an indicative market value estimate free of charge upon request. For this purpose, you undertake to provide HouseKey with the information and documents required for the preparation of the indicative market value estimate truthfully and completely. Upon your request, HouseKey may submit to you free of charge a purchase offer in connection with real estate investments for which an indicative market value estimate has been or can be performed. The decision to submit such an offer requires an in-depth examination of the real estate investment. For this purpose, you undertake to provide HouseKey with all necessary information and documents truthfully and completely and to grant HouseKey or a representative of HouseKey access to the property if required.
In connection with any offer to purchase, you acknowledge that after the conclusion of any purchase agreement, HouseKey may intend to transfer the rights and obligations under the purchase agreement to one or more third parties prior to the transfer of title. Accordingly, HouseKey expressly reserves such right in a purchase agreement (substitution clause). If you conclude a formally valid purchase agreement with HouseKey in connection with a real estate investment, you authorize HouseKey to make the concluded purchase agreement as well as other information and documents required for the brokerage available to potentially interested parties in the context of a brokerage of the real estate investment.
Requests for an indicative market value estimate or the submission of a purchase offer can only be made if you are either the owner of the real estate investment in question or have been authorized by the respective owner to place such a request with HouseKey. HouseKey may offer a commission for the brokerage of real estate investments. Prerequisite for the payment of such a brokerage commission is the conclusion of a written contract between you as the broker on the one hand and HouseKey as the client on the other hand. Mandatory content of such a contract is the description of the order for the brokerage of real estate investments, the mutual rights and obligations as well as the detailed calculation and payment modalities of the brokerage commission. Without a written contract, no commission claims can be asserted.
Access to the services
You are responsible for setting up the network access required to use the Services.
To use the Services, you must create and maintain a user account by providing the required data. Furthermore, the use of certain services is only possible if HouseKey has verified your identity.
Natural persons can only create a user account if they are of age and have unlimited capacity to act. Legal entities can only create a user account through a person authorized to represent them.
They may only have one user account at any one time and may only use it for their own account. The user account is also highly personal and non-transferable. You are obliged to keep the access data to the user account secret and to protect it against misuse by unauthorized persons. You bear all risks arising from misuse of the access data. If you become aware of any misuse of your user account, you must notify HouseKey immediately.
You undertake to ensure that the data collected in connection with the user account as well as all information provided to HouseKey is always truthful, accurate, complete and up-to-date. You are responsible for all data you collect and information you provide. You may only provide HouseKey with data and information if you are authorized to do so. You also agree to comply with all applicable laws when using the Services.
HouseKey may deny you access to all or part of the Services at any time. HouseKey also has the right to delete any data collected or information provided by you without notice and for any reason.
You may not reproduce, modify, distribute, broker or license the Services without written permission from HouseKey. In addition, you may not unduly restrict or inhibit HouseKey from providing the Services or attempt to gain unauthorized access to the Services and any related systems or networks.
Contents and availability of the website
The content provided by HouseKey or third parties via the website is provided without warranty. Such content may be modified or deleted by HouseKey at any time without prior notice and without giving reasons.
HouseKey strives for a comprehensive availability of the Website within the scope of what is technically and economically reasonable. However, a claim for availability at any time cannot be granted. HouseKey reserves the right to temporarily restrict access to the Website at any time without prior notice and without giving reasons.
Rights to the contents of the website
HouseKey is entitled by copyright to all content, documents, contracts and data made available by HouseKey via the Website. You are obliged to use these contents, documents, contracts and data exclusively in connection with the use of the Services. Non-publicly accessible content, documents, contracts and data must be treated confidentially. You are prohibited from any other use, reproduction, republication, modification or further exploitation without the written consent of HouseKey.
All content, documents, contracts and data provided by you remain your property. However, by providing it, you grant HouseKey the right to use such content, documents, contracts and data in the course of providing the Services.
Role of HouseKey
HouseKey is only the platform operator. The role of HouseKey is limited to bringing together supply and demand in the real estate market in a timely manner. The content, documents, contracts and data provided by HouseKey on the website do not constitute an invitation or a recommendation to conclude a legal transaction. HouseKey does not make any investment recommendations.
HouseKey does not accept deposits from the public or other third-party assets in connection with its services, nor does it hold such assets in safekeeping. In addition, HouseKey does not provide services in connection with the management, safekeeping and distribution of collective investment schemes.
HouseKey is not subject to supervision by the Swiss Financial Market Supervisory Authority (FINMA).
Taxes
You are responsible for the clarification as well as the correct fulfillment of the tax obligations arising for you in the context of the use of Services. HouseKey recommends that you seek advice from an expert specializing in tax matters before using the Services.
HouseKey does not provide tax advice.
Risks
The website contains statements regarding future financial and operating developments and results and other forecasts, all of which are forward-looking or contain subjective assessments. All such statements are made on the basis of estimates, assumptions and presumptions that HouseKey believes are reasonable at this time. However, due to a variety of uncertainties, risks as well as other factors, expected developments may differ from actual results. Real estate investments may be subject to significant fluctuations in value and may involve unpredictable risks. In extreme cases, even a total loss of the investment cannot be ruled out. For a non-exhaustive description of the risks associated with investments in real estate, please refer to our Risk Warnings. You are aware of your obligation to fully consider these risks and understand these risks and their potential impact before making an investment decision.
HouseKey recommends that you seek advice from an expert specializing in real estate investments before investing in real estate investments.
Communications from HouseKey
HouseKey may send you notices via your user account, by e-mail or by letter.
Messages sent to you via your user account are deemed delivered when the message is posted to your user account. Notices sent by e-mail shall be deemed delivered when sent to the e-mail address associated with your User Account.
Exclusion of liability and warranty
Any liability of HouseKey, its bodies, employees and auxiliary persons is excluded to the extent permitted by law. Furthermore, the liability of HouseKey, its organs, employees or auxiliary persons for indirect and consequential damages such as loss of profit or claims of third parties as well as for loss of data is generally excluded. The maximum amount of any liability of HouseKey, its officers, employees and agents shall be the sum of the fees paid by you to HouseKey for the use of the Services.
Any warranty by HouseKey is excluded to the extent permitted by law. Nor does HouseKey make any representations.
Other Terms
Offsetting of receivables
You are not entitled to set off your claims against HouseKey against claims of HouseKey.
Assignment and transfer
You are not entitled to assign or transfer claims and rights from the contractual relationship existing with HouseKey or the entire contractual relationship to third parties without prior written consent of HouseKey.
HouseKey is entitled to assign or transfer claims and rights from the contractual relationship existing with you or the entire contractual relationship to subsidiaries, affiliated companies or third parties without the requirement of your consent.
Partial nullity
Should any provision of these TAC be or become void, invalid or ineffective in whole or in part at any time, the remaining part of these TAC shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as possible to the economic and legal purpose of the invalid provision.
Modifications
HouseKey may amend the TAC and the provisions on data protection in whole or in part at any time and without prior notice. Adjustments become effective with the publication of the adjusted TAC or the adjusted provisions on data protection on this website. By accessing the Services after the publication, you agree to be bound by the modified Terms and Conditions or the modified Privacy Policy.
Applicable law and place of jurisdiction
These TAC are exclusively subject to Swiss substantive law.
The exclusive place of jurisdiction is Basel.