General Terms and Conditions

1. Scope of application and terms

The following General Terms and Conditions (GTC) govern the legal relationship between the user of immotron.ch (hereinafter uniformly referred to as "real estate platform").

The GTC apply to any use of the real estate platform, in particular to the placement and retrieval of real estate advertisements on the services and products offered on the real estate platform, insofar as no special provisions are referred to for these (e.g. for the placement of online advertising or the conclusion of an online mortgage).

Terms

User: All visitors and users of this real estate platform, in particular advertisers and enquirers, are referred to as users.

Advertisers: In addition to the providers who place the advertisements for real estate or objects, the other providers of offers on the real estate platform, e.g. the providers of financial services, are referred to as advertisers.

Corporate clients and private clients: Corporate clients are advertisers who are companies and/or professional providers of offers for sale. Private individuals who do not meet these requirements and place real estate advertisements on the real estate portal are referred to as private clients.

Enquirers: The parties interested in the offers of the advertisers are referred to as enquirers.

In the following, immotron AG is respectively referred to as this company and is not to be subsumed under any of the terms "Users", "Advertisers", "Corporate Clients" and "Inquirers".

2. Range of services in the real estate platform

On the real estate platform, advertisers may place offers and enquirers may search for the offers. Only offers for sale relating to real estate which comply with the specifications set out in section 8 are admissible as real estate advertisements for the real estate platform. These are stored and kept ready for retrieval by immotron AG as web hosting provider on its servers. The term "real estate" is to be understood in a broad sense and includes in particular plots of land, building land, parking spaces, houses, flats and furnished flats.

In addition, immotron AG provides certain content and information of its own on the Real Estate Platform (e.g. information on real estate, furnishings and financial services), the subject matter and scope of which may change over time. It is always recognisable when this content and information originates from immotron AG. All other content and offers in the real estate platform originate from the advertisers as well as from advertising customers and not from immotron AG.

All rights to the software and other works, services, processes, equipment, designs, technologies, brands, companies, inventions and to all materials that are in any way connected with the real estate platform and in particular to the own content and information provided by immotron AG remain with immotron AG or its suppliers. By using images and texts on the real estate platform, the user grants immotron AG the right to make them accessible on the real estate platform and to allow other platforms to also make the images and texts accessible.

The real estate platform and the content and information provided by immotron AG are made available to users for their own private use. Any further use, in particular the republication or making available on the Internet of the content and information provided by immotron AG is prohibited. Likewise, any commercial and other further exploitation and use of the offers and real estate advertisements of the advertisers published on the real estate platform (including all texts, plans, graphics, images, etc. published in this regard) is reserved solely for the advertisers, unless otherwise stated in these GTC. The advertiser transfers to immotron AG the right to pursue any exploitation of his real estate advertisements and offers that violates these provisions.

Any business transactions of the enquirer concerning offers of the advertiser in the real estate platform (in particular concerning the offers and real estate advertisements published by advertisers in the real estate platform) shall be concluded exclusively between the advertiser and the enquirer. This does not apply to the use of the "TenantPlus" offer pursuant to Section 5 of these Terms and Conditions. immotron AG accepts no responsibility for the accuracy of the real estate advertisements published on the Real Estate Platform or for the up-to-dateness of the related information.

3. Access to the service offer

Technical access to the real estate platform is provided by means of network operators chosen by the user himself and special software obtained by him from third parties via the Internet and is not the responsibility of immotron AG. Parts of the service offer are only accessible after prior registration or identification of the user. The registration of the user takes place by means of a user ID and a password, with which he/she identifies himself/herself when logging in. These are to be treated confidentially by the user and protected against misuse by third parties in an appropriate manner.

4. Modification, interruption and discontinuation of the real estate portal

Immotron AG reserves the right to adapt and change the real estate platform including all functionalities and contents at any time within the framework of technical developments and market practice. Such changes can be put into effect by immotron AG at any time.

The real estate platform is generally available 24 hours a day. However, immotron AG cannot guarantee minimum availability. Immotron AG reserves the right to discontinue functionalities and services of the real estate platform in whole or in part.

Especially in case of suspicion of non-contractual, illegal or immoral use of the real estate platform by advertisers, immotron AG may delete the respective content and accounts without notice and without giving reasons.

In case of changes, interruptions, adjustments of functionalities and services of the real estate platform and deletion of contents, the customer has no right to withdraw from the contract and/or reduction or reclaim of remuneration or compensation.

5. Terms of payment

Invoices are payable without deduction within a payment period of 30 days from the invoice date, unless a different payment period is agreed in the contract between the user and immotron AG. In the absence of a justified complaint by the customer, an invoice shall be deemed to have been accepted and acknowledged after expiry of the payment period.

6. Default of payment

If the user does not pay invoice amounts within the payment deadline, the user automatically falls into arrears. In addition, immotron AG may refuse to fulfil its services and terminate the contract without notice and without compensation. In addition, immotron AG reserves the right to block the customer's access to his user account in the event of invoice amounts not being paid on time. With full payment of all outstanding invoice amounts, any blocking will be lifted again. In this case, the user has no right to an extension of the agreed contract period by the duration of the blocking.

After expiry of the payment period, the statutory interest on arrears is owed on outstanding invoice amounts. immotron AG charges a handling fee of up to CHF 20 for any reminders. Immotron AG is entitled, after unsuccessful reminders, to assign the claims to an external collection agency and to provide it with all information and documents required for collection.

7. Exclusion of warranty and liability

Immotron AG shall only be liable for any damage culpably caused by it, its bodies, employees and auxiliary persons in the event of intent or gross negligence. In particular, the warranty and liability do not apply to the availability, service quality, correctness and completeness of the real estate platform and its contents, for damages that arise in connection with the use of access by a person other than the person named in the registration, as well as for unlawful and immoral behaviour by users and third parties.

In particular, any liability of immotron AG for damage to the user's terminal equipment, data and software is excluded. The traffic takes place via an open network, the Internet. Any warranty and liability on the part of immotron AG is also excluded with regard to any software supplied by immotron AG and for the consequences arising from and during the transport of the software via the Internet.

In particular, immotron AG's liability for indirect and consequential damages, such as loss of profit or claims by third parties, is generally excluded.

8. Risks

Due to the encryption used, it is generally not possible for unauthorised persons to view the confidential data. Nevertheless, even with state-of-the-art security precautions, absolute security cannot be guaranteed either on the part of the real estate platform or on the part of the users. The user's terminal device or network interacts as a system component with the real estate platform's systems, but is outside the control of immotron AG and in particular the user's terminal device or network can become a weak point in the system.

The user acknowledges the following risks in particular:

• Insufficient knowledge of the system and lack of security precautions can facilitate unauthorised access (e.g. insufficiently protected storage of data on the hard disk). There is a constant danger of computer viruses spreading on the computer when there is contact with the outside world, be it via computer networks (e.g. Internet) or floppy disks. The use of anti-virus programmes can reduce the risk and is recommended to the user. It is the user's responsibility to inform himself/herself in detail about the necessary safety precautions.It is important that the user works only with software from a trusted source.
• It is important that the user works only with software from a trusted source.
• It is possible for a third party to gain unnoticed access to the user's computer while using the Internet.
• The operational readiness of the Internet cannot be guaranteed. In particular, it is possible that transmission errors, technical defects, faults, unlawful interference with network facilities, overloading of the network, wilful blocking of electronic access by third parties, interruptions or other inadequacies on the part of the network operators may occur.

9. Data protection

Immotron AG complies with the provisions of the Data Protection Act and the Privacy Policy, but cannot fully guarantee the confidentiality, integrity, authenticity and availability of personal data. The advertiser or user acknowledges and agrees that personal data may also be retrievable in countries that lack legislation guaranteeing adequate data protection.

When a user accesses personal data (including access from abroad) and processes it, the user concerned is responsible for compliance with data protection. The saving of data on data carriers etc. is to be handled restrictively, printouts are to be treated confidentially, personal data that is not required is to be deleted immediately, etc.

The advertisers are reminded that all users have access to the real estate advertisements posted and to the data transmitted to them by the advertisers or other users.

Please also read our privacy policy and disclaimer, which provide information on how we handle information that you provide to us in the course of using the real estate platform.

10. Changes

Immotron AG reserves the right to adjust the prices, its services and products as well as the GTC (including disclaimer) and the privacy policy at any time. Such changes will be announced by immotron AG in an appropriate form.

Except for individual advertisements of private customers, changes in prices and conditions come into effect simultaneously for all users and also apply to current orders and real estate advertisements.

However, the user has the right to terminate the order without notice by written notification within two weeks of a price increase affecting him. In this case, the remuneration to be paid by the user until then shall be calculated according to the old price pro rata temporis to the time of receipt of the notice of termination by immotron AG.

If changes are made to the GTC in the case of current orders and if these are disadvantageous for the user, he/she also has the right to object to such a change affecting him/her by written notification within two weeks. Otherwise, the changes shall be deemed accepted as of this date. The objection results - depending on the concrete design of the service or product - in the termination of the order either at the time of (i) the receipt of the notification by immotron AG or (ii) the expiry of the fixed term. Until this point in time, the previous GTC shall continue to apply unchanged.

11. General terms and conditions of third parties

Parts of the real estate platform or certain services are provided by third parties and not by immotron AG. Unless expressly agreed otherwise, the terms and conditions of the respective third party providers apply to the use of these services. immotron AG accepts no liability or warranty whatsoever for services used in this way.

Immotron AG acts in cooperation with third parties (such as banks and mortgage providers). Immotron AG may receive remuneration if the user enters into a contract with third parties. It should also be noted that immotron AG is not obliged to facilitate such a contract / to protect the interests of the user and has no influence on the decision of third parties.

12. Offsetting and assignment of claims and rights

The user is not entitled to offset his own claims against immotron AG with claims of immotron AG. Likewise, the assignment of rights and claims arising from the contractual relationship to third parties is only permitted with the written consent of immotron AG.

13. Partial invalidity

Should a provision of the GTC, the disclaimer or the privacy policy be or become invalid, the remaining provisions shall remain unaffected. In this case, the contracting parties undertake to replace the invalid provision with a provision that comes as close as possible to the original economic intent of the invalid provision.

14. Applicable law and place of jurisdiction

Place of jurisdiction is Zurich 1. immotron.ch is however authorized to assert its rights also at the domicile or registered office of the user or before any other competent authority. Applicable is exclusively the substantive Swiss law.

These terms and conditions were last modified on May 2, 2023.

Copyright by immotron AG. Reproduction or distribution prohibited without prior written permission. All rights reserved.

15. Translations

Disclaimer: The translation is produced by a "machine translation". The translation is not context sensitive and may not fully translate the text into its intended meaning. immotron AG and/or its affiliated companies accept no liability or responsibility for any errors, omissions or ambiguities in the translations. Under no circumstances shall immotron AG and/or its affiliated companies be liable for any damages (including, without limitation, direct, indirect, incidental, consequential, punitive or reputational damages), costs, expenses, lost profits and other losses arising out of or in connection with the free translation service provided by immotron AG.