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General Terms and Conditions

Liiva’s General Terms and Conditions are available below.

Person signing document

1. Scope

These General Terms and Conditions (GTC) of Liiva AG, Binzstrasse 23, 8045 Zurich, Switzerland (hereinafter: Liiva) govern the use of the online platform operated by Liiva (hereinafter: Platform), the use of the services offered by Liiva third-party services relayed by Liiva via the Platform (Section 7).

In order to be able to use the Platform or the service offers, You must first accept the current version of these General Terms and Conditions and acknowledge the Privacy Notice.

2. Range of Services

Liiva supports you in the search and purchase (section 1 – buy), management (section 2 – live and manage), and the sale (section 3 – sell) of private residential property (hereinafter: Real Estate). For this purpose, Liiva provides You with a platform through which Liiva offers services directly to You and provides services from third parties (Third-party Offers, Section 7). Certain services can only be availed with paid Liiva membership. An overview of the different services per category can be found here:

Other services

Liiva may change, i.e. reduce or expand the service range provided directly by it or relayed from business partners. The aim is to continuously expand the range of services offered in order to accommodate all Your needs related to the search, acquisition, management, and sale of residential property. We cannot guarantee the continuous availability of certain services. Should a service offered for Liiva members be restricted or become unavailable, members will be informed in advance and will be given the opportunity to cancel their membership (see also Section 9).

3. Use of Services

The services directly or indirectly offered by Liiva are for private use only. Should You violate this or make excessive demands on services, Liiva reserves the right to proceed according to Section 11 (Blocking).

4. Use of the Platform and Registration (Your Account)

The Platform can be used as follows:

  • Services Available with Free Registration (Liiva - Basic): Free use of the Platform and access to the services offered in fields 1–3. Costs may be incurred for the use of third-party services offered through the Platform.

Registration is made through the creation of a user account and is reserved exclusively for natural persons who are able to act without restriction and who reside in Switzerland. We cannot guarantee registration. Liiva may refuse registration without providing the reasons.

You must provide the information requested during registration in full, in a true and correct way, and keep such information up to date after registration. Liiva reserves the right to verify Your identity.

You must keep Your login credentials (in particular the password) confidential, and You must report any unauthorized access to Liiva immediately. Your account is personal; it is not transferable to third parties.

Following log-in, Liiva-Basic users can register for a Liiva membership (paid).

5. Using the Platform

You may only use the Platform for private purposes. The use of the information and its contents made available via the platform directly or indirectly for commercial purposes (in particular for competitive purposes) is not allowed.

When using the Platform, You have to ensure it particularly and You are responsible for ensuring that the information and other contents (including documents) sent by You to Liiva or posted by You on the Platform are complete, up-to-date, correct, as well as legal, and in particular, do not violate any laws or rights of third parties.

Blocking or modifying the information or content made available to You via the Platform, or otherwise interfering with the Platform is prohibited.

A violation of this regulation results in an immediate blocking of Your account and/or a termination of Your contract without notice (section 11), and may lead to civil and criminal consequences.

6. Costs

  • Without registration: Use of the platform is free.

  • With free registration (Liiva-Basic):Use of the platform is free. Costs may be incurred for the use of third-party services offered through the Platform.

  • Paid membership (Liiva membership): Use of the Benefits of Liiva membership incurs payment obligations. The costs are due upon order of the membership and cover the membership for 12 months

Liiva reserves the right to change free services offered through the Platform into paid services, to offer new services of its own for a fee, and/or to arrange additional paid services offered by business partners.

7. Payment Methods

You can pay the costs for the Liiva membership by credit card or other digital means of payment upon registration.

The costs for the use of third-party services are charged directly to You.

8. Third-Party Offers

Liiva cooperates with Swiss Mobiliar Versicherungsgesellschaft AG and with other business partners (hereinafter jointly: “Business Partners").

Liiva provides You with information on non-binding offers of its Business Partners. Upon request, Liiva establishes contact between You and the relevant Business Partner. Should You subsequently decide to use a service offered by a Business Partner, You will separately agree upon this with the Business Partner. Liiva is not a contracting party in the contractual relationship between You and the Business Partner. In particular, Liiva shall not be held liable for the performance promised by the Business Partner. Liiva acts as an intermediary and accordingly does not provide any consulting services to You concerning the range of services offered by the Business Partner – in particular no legal, financial, mortgage, investment or tax consulting services are provided.

You authorize the respective Business Partner to inform Liiva at any time, by telephone, by e-mail, or otherwise about a possible conclusion of the contract as well as about the type and scope of the transaction (in particular the order volume). If the contract is not concluded, the Business Partner may also inform Liiva accordingly. You relieve the Business Partner – if and to the extent necessary – from the banking customer - and business confidentiality.

9. Customer Information under Art. 45 of the Act on Supervision of Insurance Companies

Identity: Liiva AG, Binzstrasse 23, 8045 Zurich

Commercial Register of the Canton of Zurich – Company Number: CHE-313.959.965

Contractual Relationship: Liiva AG has a cooperation agreement with Swiss Mobiliar Versicherungsgesellschaft AG. Liiva AG is compensated by the insurer for the acquisition of customers interested in insurance.

Liability: In the event of negligence, error, or incorrect information in connection with the mediation activity, the legal entity "Liiva AG" may be held liable.

Data Processing: Personal data will only be recorded by Liiva AG to the extent they are required for the provision of the agreed services. Liiva undertakes to take all precautions to comply with the relevant legal provisions of data protection. The provided information will be kept strictly confidential. Personal data are usually stored in electronic and/or paper form. At the same time, all information provided by Customers is only passed on to the real estate insurance company with Your explicit consent.

10. Term and Termination

10.1 Liiva-Basic

  • The contract is entered into upon registration and is effective for an indefinite period.

  • You can terminate this contract without notice at any time by deleting Your user account.

  • Liiva may terminate Your contract at any time with a notice period of 20 days. This does not affect the right of temporary or permanent blocking (Section 8).

10.2 Liiva-Membership

  • The membership begins with registration and lasts for 12 months (contract duration). Without termination, the membership shall be automatically renewed for 12 months on the terms and conditions applicable at the time of renewal.

  • You can cancel Your membership up to the last day of the membership period by sending a message to support@liiva.ch.

  • Before the end of Your membership period, Liiva informs You via e-mail about the upcoming automatic extension and the possibilities for cancellation.

  • Liiva may terminate Your membership at any time with a notice period of 14 days. This does not affect the right of temporary or permanent blocking of Your account (Section 11).

  • Should a service offered for Liiva members be restricted or become unavailable, members will be informed in advance and will be given the opportunity to cancel the membership.

  • If You delete the user account (Liiva-Basic), the paid Liiva membership will also be deleted. In such cases, You are not entitled to a refund of Liiva membership fees.

11. Blocking

Liiva may take the following measures at its own and free discretion, if there is evidence that You infringed applicable laws, rights of third parties, or these General Terms and Conditions during the use of the platform, in particular when publishing Your own content or during the use of the service offer:

  • Partial or complete deletion of content;

  • Warning;

  • Temporary blocking;

  • Permanent blocking (= termination without notice).

You may not claim to recover such content and/or the blocked account.

If You have been temporarily or permanently blocked or Your membership has been terminated by Liiva, You may no longer use the Platform with other accounts, nor may newly subscribe.

After the deletion of Your account or termination of the membership, Liiva is in principle not obliged to retain the information or other contents (including documents) transmitted by You to Liiva or placed by You on the Platform. If necessary, You must ensure that You save Your information and contents on a storage medium outside the Platform at an early stage. Liiva is not liable for any data loss.

12. Warranty and Disclaimer; Indemnification

Liiva provides You with information on properties, including environments and municipalities, as well as information on offers of its Business Partners. Liiva receives this information from third parties (third-party platforms, data suppliers, and Business Partners). While Liiva makes every effort to ensure the completeness, accuracy, and currency of such information by carefully selecting such third parties, it makes no representations or warranties in this regard.

Liiva does not assume any liability for agreements made between You and a Business Partner as a result of Liiva’s mediation activities. Such agreements shall be concluded exclusively between You and the Business Partner. In particular, Liiva does not assume any liability or guarantee for the completeness, correctness, or currency of the information published on the Platform and is in no way responsible for the initiation or processing of such agreements.

Liiva strives to ensure that You have access to the platform at all times. However, access may be interrupted or temporarily unavailable, particularly due to maintenance or repair works.

Liiva does not provide any archiving services. You are therefore responsible for additionally archiving the information and other contents stored on the Platform on a storage medium independent from Liiva. Liiva is not liable for any data loss.

To the maximum extent permitted by law, Liiva is generally only liable for intentional and gross negligence, and under no circumstances for indirect or consequential damages (including loss of profit).

You shall indemnify Liiva from all claims brought against Liiva by other users, Business Partners, or other third parties due to violation of their rights by any content posted on the Platform by You or due to other uses of the Platform by You.

13. Electronic Data Transmission

Liiva is authorized to communicate via electronic channels (e.g. e-mail, SMS, etc.) to the addresses specified by You. Liiva may electronically transmit the data received from You. Electronic communication channels are generally not secured against access by unauthorized third parties, and therefore carry the associated risks such as lack of confidentiality, manipulation of content and sender data, misdirection, delay, viruses, etc. Liiva declines all liability from damages in connection with electronic communication as long as no misconduct exists.

14. Third-Party Terms and Conditions

Certain services (e.g. payment processing services) are provided by third parties. In connection with the use of these services, the Third Party may impose its own terms and conditions. Liiva does not assume any liabilities and/or guarantees regarding such terms and conditions.

15. Intellectual Property Rights

All rights to the content of the Platform, in particular copyright and trademark rights, are the property of Liiva or the third parties which have granted Liiva the corresponding rights to use such contents.

If and to the extent that the use of the Platform requires the granting of rights of use to You in respect of intellectual property, in particular to Liiva’s copyrights or trademarks, these shall be granted to You by Liiva in a non-exclusive, non-transferable way and to the required extent for the duration of this contract. The rights of use granted to You are personal and non-transferable and expire automatically and irrevocably upon the termination of this contract.

Information and/or other contents transmitted by You to Liiva or published on the Platform may not violate any rights, in particular rights of third parties, such as personal rights or intellectual property rights. You may only transmit information and other contents to Liiva that You own or are authorized to use by the license owner of such content.

16. Privacy

The processing of personal data is governed by the provisions of the Privacy Notice.

17. Final Provisions

17.1 Settlement- and Transfer Ban

You are not entitled to offset Your own claims towards Liiva against Liiva’s claims, and the transfer of rights and claims or parts thereof arising out of the contractual relationship to a third party shall be subject to Liiva’s prior written consent. You acknowledge Liiva’s entitlements to both a right of settlement and a right of transfer.

17.2 Severability

Should any provision of these General Terms and Conditions be or become wholly or partially void or ineffective, the remaining provisions shall remain unaffected and the parties undertake to agree upon a valid provision that is as close as possible to the void or ineffective provision economically, and shall replace the invalid provision.

17.3 Amendments

Liiva may at any time notify You in writing (e.g. by e-mail) of any changes to these General Terms and Conditions. If You do not agree with such amendments, You may terminate the contract free of charge and without notice (Section 7). If You choose not to terminate the contract within 20 days of the announcement, the amendments are considered to be accepted and will be effective immediately.

17.4 Jurisdiction and Applicable Law

The competent courts for any issues arising out of this contractual relationship shall be the courts of Zurich, except for cases where binding requirements are set forth otherwise. This contractual relationship shall be governed by Swiss substantive law.

Version: 16.11.2022