The www.immotop.lu website is an online real estate portal edited and operated by the Real Estate Media S.A. company.
The use of the IMMOTOP.LU is completely free, apart from the posting of real estate ads or the use of the advertising spaces which are paid services.
Real Estate Media S.A. - IMMOTOP.LU
70 rue de Belval
L-4024 Esch-sur-Alzette (Luxembourg)
Telephone: +352 26 65 44 56
Fax: +352 26 65 44 57
Registered with the Luxembourg Trade and Companies Register: B142349
Authorisation of establishment: No. 10079168/0
Publication manager: Serge Uschkaloff
Creation of www.immotop.lu website: Real Estate Media S.A.
Hosting of www.immotop.lu website: OVH, whose registered office is located at 2, Rue Kellerman, 59.100 Roubaix (France)
Article 1 – Acceptance of these General Conditions
The objective of these general conditions is to define the general terms and conditions under which Real Estate Media S.A. makes available to the user, via the IMMOTOP.LU website, a service for the posting of ads (hereinafter referred to as the “Service”) with a view to publication on the IMMOTOP.LU and IMMOTOP.EU websites, as well as in all media offered by IMMOTOP.LU (leaflet, magazine, mobile applications, etc.) and on the websites of its partners.
Article 2 – Access to Services and Liability
1- The service is available 24 hours a day, seven days a week, except in cases of force majeure, technical breakdowns or in the case of an event beyond the control of IMMOTOP.LU and for which IMMOTOP.LU cannot be held liable.
In the event of maintenance operations being necessary for the proper functioning of the services and of the technical equipment, the services may be temporarily inaccessible. IMMOTOP.LU grants to the internet user, who shall accept it, the right to connect one or more workstations to its website.
Acting legally with an obligation of means, IMMOTOP.LU cannot guarantee the uninterrupted operation and continuity of its service in the case of events beyond its control. In this case, the liability of IMMOTOP.LU cannot be invoked. The same applies to any defects that may exist as well as any damages (costs, loss of profits, loss of data, direct or indirect damages) that may arise as a result of any unavailability of the Service (or following a disagreement regarding the presentation of the ads).
2- Real Estate Media S.A. cannot be held liable, either directly or indirectly, for transactions that are subject to the general rules of the Civil Code.
3- The information present on the IMMOTOP.LU website must be interpreted with caution by users of the website. Each user must verify the content present on the website, in particular the content of the real estate ads which the user will have to verify by contacting the professional person or individual who advertised the real estate property.
4- The users of IMMOTOP.LU have the possibility of taking advantage of more services (free of charge, apart from the publication of ads) by creating their own account in the customer area of the website. They must complete a form which asks for certain personal information and choose a password.
This password allows them to identify themselves on the website. It is strictly personal and confidential. The user is solely responsible for its use and undertakes not to communicate it to third parties. Furthermore, once logged on to his/her customer area, the user is solely responsible for the activities he/she engages in on the website.
5- IMMOTOP.LU reserves the right to prohibit or restrict access to users who do not abide by these conditions of use, who publish misleading or illegal ads, who damage the reputation of the website or infringe intellectual property rights in any manner whatsoever, or who collect the data present on the website for commercial, non-authorised purposes or for the purposes of spamming other users or customers of the website.
Article 3 – Use of the Services by Users
Users can browse the IMMOTOP.LU website anonymously or else login to their customer area. By logging on with their login name and password, users can take advantage of additional free services. They can, in particular, do the following:
* Create a list of properties that interest them (favourites);
* Retrieve a list of their messages;
* Manage their email alerts which indicate when a new incoming property matches their search criteria;
* Modify their contact and personal information.
Article 4 – Use of the Services by Advertisers
1- Any adult person has the possibility of placing real estate ads on the www.immotop.lu website. Private or professional advertisers have access to the IMMOTOP.LU customer area which allows them to manage and place their real estate ads to be displayed on this portal, as well as via all or some additional IMMOTOP.LU services such as mobile applications, magazines, etc.
The advertiser is solely responsible for the content he/she publishes on IMMOTOP.LU, including encoding errors in his/her real estate ads. In the event he/she uses gateways to manage his/her portfolio and to transmit his/her ads to IMMOTOP.LU, the advertiser is entirely responsible for the quality and accuracy of the information transmitted.
He/she also undertakes to only publish photographs or images which he/she as the right to use and which do not infringe the rights of third parties (copyright, image rights, etc.) or offend morals.
The user also undertakes not to harm other natural or legal persons by posting or publishing content for political purposes, content with a defamatory connotation or content that is racist, xenophobic or which incites violence, hatred or discrimination.
IMMOTOP.LU does not control the content posted on the portal by users and therefore declines any responsibility for the content placed there.
2- The Advertiser undertakes to always provide accurate and detailed information. The photos must correspond to the actual photos of the relative real estate property.
It is prohibited to display a logo in the spaces reserved for photos of a real estate property.
The status of the ad must be specified via the tool provided in the customer area and not directly on the photos themselves.
3- The individual advertiser declares himself/herself to be the owner of the property for which he/she has created an ad on IMMOTOP.LU, or to be authorised by the owner to do so.
The professional advertiser declares himself/herself to be in possession of a mandate allowing him/her to create the ad for the real estate property which he/she manages.
Each advertiser undertakes to respect the quality charter of the portal. To this end, he/she is required to insert as many criteria and as much information as possible into his/her ads in the most precise manner possible, whilst strictly respecting the legal framework, particularly regarding the classification and energy performance of real estate properties.
4- Publishing an ad on IMMOTOP.LU is a paid service. Professional advertisers must contact IMMOTOP.LU commercial support in order to create pro access (in this case, specific sales general conditions will be available). Private advertisers can access their customer space and publish an ad directly online by paying via bank card or bank transfer (accepted payment by bank card guarantees almost immediate online posting of the ad, unlike a bank transfer that has to wait for its receipt and verification by us).
Ad rates depend on the formula chosen (1, 2 or 3 months, with our without the First option). Once payment has been made, the advertiser will no longer be able to modify the form. He/she will have to publish a new ad and pay for the new formula he/she has chosen.
The advertiser will not be entitled to any reimbursement should the ad find a buyer before the end of the time period chosen. Upon payment, the advertiser waives any right of withdrawal and any right to receive full or partial reimbursement for the ad.
5- The rights of access and use of the IMMOTOP.LU website are non-exclusive and non-transferable rights.
The subscriber is the sole beneficiary of the contracts that he/she has signed. Any resale, even partial, is therefore prohibited. Communications agencies that have a mandate can make investments for a third party, in which case the application of a professional discount is not systematic.
6- The ads placed online are the sole responsibility of their respective authors. IMMOTOP.LU does not intervene in the transactions between buyers and sellers.
The user authorises Real Estate Media S.A. to divulge all or part of the content released in connection with the use of the Service in the following cases:
When it involves:
* Compliance with legal requirements or in the context of legal proceedings;
* Asserting and respecting these General Conditions;
* Responding to complaints based on a breach of these General Conditions;
* Protecting the rights and interests of Real Estate Media Sàrl;
* Promoting the real estate properties published on the portal with its media supports or those of its partners.
7- IMMOTOP.LU reserves the right to modify or correct the content of its website at any moment and without prior notice. In the case of a misleading ad or an ad relating to a property already leased or sold or an ad containing a description that does not comply with these general conditions of use or an ad containing the address of another internet website, IMMOTOP.LU reserves the right to refuse or disable the relative ad without compensation.
8- All users of the IMMOTOP.LU portal declare and accept that IMMOTOP.LU has the right to use, publish and exploit any content that they publish on the portal.
9- The simple fact of using IMMOTOP.LU commits you to taking responsibility for any recourse that might be initiated against Real Estate Media S.A., IMMOTOP.LU, its managers and employees or its partners and representatives, as a result of content published by you.
10- Real Estate Media S.A. reserves the right to modify the description or content of ads with a view to a better integration with the search engines.
In the event of the sale or rental of a real estate property in the course of publication, the advertisers undertake to delete their ad directly or else immediately notify Real Estate Media S.A. who will remove it from their database.
11- IMMOTOP.LU reserves the right to refine its services or implement new services and tools aimed at improving its services. Any important development or modification will be the subject of a mailing sent to users of our services with the aim of informing them of it. The user is obliged to accept these modifications and undertakes not to contest them.
Article 5 – Data from Partners
1- IMMOTOP.LU offers several partnerships, in particular with housing finance companies or home insurance companies, that allow users of the portal to carry out estimations of tariffs. All information (estimates, prices, etc.) obtained either directly or indirectly via IMMOTOP.LU by one of these partners cannot be considered as accurate and definitive. The information, products and services listed or obtained are given for information purposes only and are not exhaustive.
IMMOTOP.LU cannot be held responsible for exchanges and commercial content passed between its partners and the users of IMMOTOP.LU.
2- Plans and maps are available in several places on the portal, for example in the map search area and in the property listings. All the real estate ads do not provide the exact location of the property with precision. In the event that the advertiser does not provide the address of the property, the pointer on the map will show the approximate centre of the municipality which the advertiser is obliged to specify.
The plans available on IMMOTOP.LU are the property of Google with whom Real Estate Media S.A. has concluded a contract for the provision of the mapping service.
Article 6 – Hypertext Links
The hypertext links to other sites accessible via IMMOTOP.LU do not engage the liability of Real Estate Media S.A.. We are not liable for these websites, either with regard to their management nor to their quality and accuracy nor to the compliance of the customer with regulations. The operators of these websites are solely responsible for them.
The risks associated with the use of these websites are entirely the responsibility of the user.
IMMOTOP.LU cannot therefore be held liable in the event of a dispute between one of the sites having a hyperlink to it on IMMOTOP.LU and a user of the portal.
Article 7 – Communication Tools
In order to correspond with IMMOTOP.LU and with other users of the portal, internet users must fill in the electronic correspondence forms offered on the website. An advertiser can receive emails from, or reply to, any user who has sent a request for contact.
IMMOTOP.LU reserves the right to send out a mailing or any sort of information to all the customers/users present in its database and to use it in its marketing activities. In the event the user of the service does not want to receive such emails, he/she must notify IMMOTOP.LU by email or by standard mail.
The user of the internal messaging service undertakes not to use this service as part of an advertising, promotional or marketing campaign.
Article 8 – Personal Data
1- The information provided by the user is intended exclusively for IMMOTOP.LU and its partners. The data communicated by the user to request information from suppliers shall be sent directly, by electronic mail, to the suppliers chosen by the user who by its sending accept that the information submitted is transmitted to the respective suppliers and is not used for any other purpose by Real Estate Media S.A.
2- Real Estate Media S.A. collects personal data on the users of the IMMOTOP.LU website who subscribe to its services in order to guarantee the stability of the services. This data is not used for any other purpose, with the possible exception of keeping people informed about new services added to the IMMOTOP.LU website and is not disclosed to any third party without the prior agreement of the user.
3- The user benefits from a right of access, rectification and opposition to the transfer of his/her data, a right he/she can exercise directly and at any time on the website by sending a message to the following email address: support [at] immotop (dot) lu.
Article 9 – Data Ownership
1- The entire www.immotop.lu website is protected by intellectual property rights: texts, graphics, logos, images, HTML code, icons and database, format and layout of the website. Real Estate Media S.A. therefore prohibits any reproduction, translation, extraction or re-use of part or all of any element of the website. Any commercial use of the content of the website is strictly prohibited.
2- Elements present on the IMMOTOP.LU website belonging to Real Estate Media S.A. or to its partners or customers may be registered trademarks, such as logos, names or distinguishing signs. Any use, reproduction or re-use of these elements is prohibited without the written authorisation of its owner.
3- IMMOTOP.LU regularly publishes news related to the real estate market. Subject to acceptance by our editorial office following written request, any third party may request the use of one of the articles published on www.immotop.lu provided that the source is mentioned with a hypertext link to www.immotop.lu.
4- No other content from the IMMOTOP.LU website can be copied, reproduced, published, uploaded, posted, transmitted or distributed in any way whatsoever. The modification of content or its use without the agreement of Real Estate Media S.A. constitutes a breach of the property rights of the latter. It is prohibited to use this content on another website or in a networked computing environment.
Article 10 - Jurisdiction
The operation of the website is subject to the regulations in force as well as to Luxembourg law. In the event of a dispute, only the Luxembourg courts will have jurisdiction. Any dispute arising out of or relating to this legal notice shall be brought before the courts in Luxembourg and shall be governed and analysed according to the Luxembourg legislation independently of the rules concerning conflicting legislation. The use of the IMMOTOP.LU website implies the irrevocable acceptance of this legal clause.
In the event that one of the provisions of this legal notice is found to be unlawful, invalid or unenforceable for any reason whatsoever, it shall be considered as not forming part of this legal notice and shall not affect the validity or application of the other provisions.