Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE PLATFORM AND WEBSITE AS THESE WILL APPLY TO YOUR USE OF THE ONLINE PLATFORM AND WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE ONLINE PLATFORM AND WEBSITE.

 

  1. Terms of website use - What's in these terms?

We provide a web-based platform (“Online Platform”) which, subject to these Terms of Use, provides you with access to and an opportunity to purchase property-related services via our website at the domain neho.ch (“Our Website”). These Terms of Use (together with the documents referred to in it) tells you the terms on which you may make use of Our Website and the Online Platform, whether as a guest or a registered user. Use of Our Website includes accessing, browsing, using or registering to use Our Website.

By using Our Website, you confirm you accept these Terms of Use and you agree to comply with them. We recommend you print a copy of this for future reference. If you do not agree to these Terms of Use, you must not use Our Website.

  1. Other applicable terms - There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of Our Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or you provide to us. By using Our Website, you consent to such processing and you warrant all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on Our Website.

If you purchase services from Our Website, our Terms and Conditions/Selling Terms will apply.

  1. Information about us - Who we are and how to contact us

Our Website is operated by PropTech Partners SA, trading as ‘Neho’, a company registered in Switzerland under the registration number CHE-280.507.100. Our registered office is at EPFL, Innovation Park, Lausanne, Switzerland. Our registered VAT number is CHE-280.507.100 VAT.

To contact us, please email hello@neho.ch or call our customer service line 058 100 54 98.

  1. Changes to our site – We may make changes to our site

We may update Our Website and may change the content at any time. However, please note any of the content on Our Website may be out of date at any given time, and we are under no obligation to update it.

  1. Accessing Our Website - We may suspend or withdraw our site

We do not guarantee Our Website, or any content on it, will be always available or be uninterrupted or be free from errors or omissions. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring all persons who access Our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

  1. Booking a free valuation for real estate brokers is prohibited

A free valuation from a Local Property Expert is available without the necessity of subscribing to a package. If you are a real property broker or if you are bind to any other comparable mandate, you are not allowed to book a free evaluation.

If we suspect a user about his position, we may investigate and take the necessary measures to suspend or terminate his access to Our Website.

  1. Your account and password - You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect anyone other than you knows your user identification code or password, you must promptly notify us at hello@neho.ch.

  1. Viruses – We are not responsible for viruses and you must not introduce them

We do not guarantee Our Website will be secure or free from bugs or viruses although we are taking the best measures to be protected against. You are responsible for configuring your information technology, computer programs and platform in order to access Our Website. You should use your own virus protection software.

You must not misuse Our Website by knowingly introducing or transmitting any data, sending or uploading any materials that contains viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack

  1. Using Our Website

You may use Our Website only for lawful purposes. You may not use Our Website:

You also agree not to access without authority, interfere with, damage or disrupt:

  1. Content on Our Website

Although we make our best efforts to update the content we provide on Our Website, we make no representations, warranties or guarantees (express or implied) the content on Our Website is accurate, complete or up-to-date.

To list a property on the Online Platform for sale, the user must provide certain information in relation to that property. You acknowledge, accept and agree that, subject to clause 17 below:

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site. You acknowledge that Neho is not responsible or liable in any way for any content provided by others although we make our best efforts to pre-screen such content. The views expressed by other users on Our Website do not represent our views or values.

  1. Notices

Neho may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Neho Account, by sending a letter via postal mail to the contact address listed in your Neho Account or by calling the phone number listed in your Neho Account.

  1. Uploading content to Our Website

Whenever you make use of a feature which allows you to upload content to Our Website, generate your own content or to interact with other users of Our Website, you must comply with the content standards set out below.

All of your contributions must:

All of your contributions must not:

You warrant any contribution made by you will comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.

Any content you upload to Our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of Our Website a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below (see ‘Rights you license’).

We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights or of any other rights.

We have the right at all times and without prior notice to pre-screen, move, refuse, modify or remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in Uploading content to our site.

Further, Neho reserves the right to access your account (which may involve taking complete control) to ensure the orderly and reasonable conduct in accordance with these terms, and all other applicable terms.

You are solely responsible for securing and backing up your content.

  1. Rights you license

When you upload content onto the Online Platform or otherwise contribute to Our Website, you grant the following licenses:

By submitting or posting such content, you are representing you are its owner and/or have all necessary rights, licenses, and authorization to use and distribute it in such a manner.

  1. Linking to Our Website – Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

The website in which you are linking must comply in all respects with the content standards set out above.

We reserve the right to withdraw linking permission without notice.

  1. Third party links and resources in Our Website – We are not responsible for websites we link to

Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. Intellectual property rights – How you may use material on our site

We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal use and you may draw the attention of others within your organization to content posted on Our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged if used by you under these Terms of Use.

You must not use any part of the content on Our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of Our Website in breach of these Terms of Use, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Limitation of our liability – Our responsibility for loss or damage suffered by you

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by Swiss law.

If you are a business user

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

In particular, we will not be liable for:

If you are a consumer user

Please note we only provide Our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  1. Suspension and termination

We may suspend, withdraw, discontinue or change all or any part of Our Website without notice. We have the right at all times to remove any contribution you make on Our Website if, determine, in our discretion, your contribution does not comply with our content standards or where there has been a breach of these Terms of Use through your use of Our Website.

When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach of them and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

  1. Changes to these terms

We may revise these Terms of Use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

  1. Trade marks

NEHO is a registered trade mark owned by PropTech Partners SA. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 16 above “How you may use material on our site”.

  1. Applicable law and place of jurisdiction - Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Swiss substantive law. The exclusive place of jurisdiction is Lausanne.

 

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