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Terms and Conditions of Use and Sale for Individuals and Legal Notices

The website www.immotop.lu is a real estate portal published by the company Real Estate Media SA, whose head office is located at #70 Rue de Belval L-4024 Esch-Sur-Alzette LUXEMBOURG. We invite you to read these Terms and Conditions of Use and Sale carefully before utilizing the services of IMMOTOP.LU. The purpose of this document is to define the terms of access and use of our services by an individual Advertiser. IMMOTOP.LU provides the user with a real estate listing service on the sites www.immotop.lu, www.immotop.eu, on social media (Facebook, Twitter, Google+, Dailymotion, Youtube), as well as on the sites of our partners (Mitula, Nestoria, Trovit, lesfrontaliers.lu, seloger.fr).

Legal Notice

Real Estate Media S.A. - IMMOTOP.LU
70 rue de Belval
L-4024 Esch-sur-Alzette (Luxembourg)
Téléphone : +352 26 65 44 56
Fax : +352 26 65 44 57
Email : support@immotop.lu
Registered in the Luxembourg Trade Register: B142349
Establishment approval: n° 10079168/0
VAT : LU29355735

Responsible for publication: Serge Uschkaloff
Contact: support[at]immotop[dot]lu

Creation of the website www.immotop.lu: Real Estate Media S.A.
www.immotop.lu website hosting: OVH, whose head office is located at #2 Rue Kellerman, 59.100 Roubaix (France)

Article 1 - Acceptance of these Terms and Conditions of Use and Sale

Services are offered and made available to the user subject to full acceptance of these Terms and Conditions of Use and Sale. The user declares and acknowledges having read these Terms and Conditions of Use and Sale. The use of our advertising services is exclusively reserved for adults and those legally fit under Luxembourg law.

Real Estate Media SA reserves the right to modify all or part of these Terms and Conditions of Use and Sale at any time. Real Estate Media SA will inform the user via a message on www.immotop.lu.

In the event that the user does not report his refusal to accept these Terms and Conditions of Use and Sale in full or in part to Real Estate Media SA within 30 calendar days, this shall result in a tacit acceptance of the Terms Conditions of Use and Sale. The mere fact of using our services once this time has passed entails an outright acceptance of these Terms and Conditions of Use and Sale.

Article 2 - Access to services

Access to our advertisement review service is free. The creation of a user account is not mandatory to access the available ads; however, some features such as setting a favorite advertisement or managing emails can only be accessed via a user account.

Access to our advertisement publishing service is obtained after the cash payment for the advertisement in question. This service is accessible 24 hours a day, 7 days a week, except in cases of force majeure, technical failures, or any other event beyond the control of Real Estate Media SA for which the latter can not be held responsible. Services may be temporarily inaccessible in case of website maintenance necessary for the proper functioning and security of our services. In case of non-compliance with these Terms Conditions of Use and Sale, Real Estate Media SA reserves the right to refuse access to its services.

If a user who has created a user account no longer wishes to have a user account, he can delete his account and all the information that is permanently linked to it in full autonomy via his client area in the "My Profile" tab by clicking on "Delete my account."

Article 3 - Description of services

The user must create a special user account in order to purchase the right to broadcast an advertisement on www.immotop.lu. Access to the user area makes it possible to publish and manage real estate advertisements and the related options (e.g. FIRST ads).

An individual advertiser can be contacted by email and phone number by users interested in his advertisement. By placing an advertisement on www.immotop.lu, the individual advertiser automatically consents to be contacted by internet users interested in his advertisement.

A Live Alert subscription service is available to users with or without a user account. This free service allows you to automatically receive new ads matching your selected search criteria by email. A user who so wishes can unsubscribe at any time either via their user area if he has one, or directly at the bottom of the Live Alert email by clicking "Unsubscribe."

A newsletter is also available to receive emails about real estate news in Luxembourg. You can register by going to https://www.immotop.lu/newsletter/ and unsubscribe at any time by clicking "Unsubscribe" at the bottom of the email containing one of our newsletters that you have received.

Article 4 - Individual advertiser commitments

The individual advertiser agrees that the information provided regarding his real estate listings is correct and will be updated if the information changes during the ad's broadcast period. He will have to fill in all the information at his disposal and correctly fill in the characteristics of the property in order to provide internet users with qualitative research. Photos, videos or virtual tours inserted into a real estate advertisement must be an advertisement for real estate. The location of the property must be as precise as possible; it is forbidden to encode a locality other than the one where the property is located, especially if they are border locations, as this process misleads the users of our site.

The client must comply with the legal obligations that are specific to real estate listings in Luxembourg such as the obligation to display the class and the energy performance of published dwellings. For real estate listings in France, Belgium or Germany, the regulations of the country concerned are in force.

The customer posting an advertisement must own the corresponding property or be able to prove that he has the right to publish the corresponding advertisement. In the event that a landlord notifies us of the illegal presence of a real estate advertisement concerning his property whose advertiser had not obtained authorization from the owner, Real Estate Media SA will contact the author of the advertisement in order to inform them and encourage them to delete their advertisement. Real Estate Media SA may forcibly remove a real estate advertisement if a competent authority so requires. In the aforementioned cases no refund of the value of the advertisement will take place.

We advise private advertisers to write the words "No agencies please" to warn real estate agencies of non-consent to be approached. Real Estate Media SA can not assume the responsibility for the non-inclusion of this mention by real estate agencies, we encourage individual advertisers to assert their rights with regards to the agencies concerned.

Article 5 - Liability

Real Estate Media SA does not intervene in transactions between advertisers and buyers. These transactions are subject to the laws in force in the country concerned. Our company declines any responsibility as for the accuracy of real estate advertisements, these being the responsibility of the advertiser.

The customer shall be aware of the possible disclosure of all or part of the content he posts on www.immotop.lu in the following cases:

- To comply with legal requirements or as part of legal proceedings,
- To protect the rights and interests of Real Estate Media SA in case of violation of these Terms and Conditions of Use and Sale,
- To ensure the dissemination of real estate information on all media of Real Estate Media SA (www.immotop.lu, www.immotop.eu, our pages on social networks, IMMOTOP.LU The Magazine) and on the media of our partners (seloger.fr for ads in Lorraine, Mitula, Nestoria, Trovit, lesfrontaliers.lu, Google Adwords, Criteo, Facebook Ads, Trackuity, and Bing).

Real Estate Media SA is subject to the obligation of means and will make every effort to ensure the proper functioning of its services. However, if an event beyond the control of Real Estate Media SA occurs (power grid failure, internet failure, external server failure, natural disaster, etc.) Real Estate Media SA cannot be held responsible or be solicited for any compensation.

Hypertext links to other websites are put in place on the web media of Real Estate Media SA. Real Estate Media SA strives to choose trusted partners to ensure as secure a website as possible for internet users and/or customers. Real Estate Media SA will not be liable for a fraudulent landing page because the landing page's management and security is entirely the responsibility of the company that owns the landing page. Following a report from a user, Real Estate Media SA will disable the link as soon as possible to protect its own users until the security of the landing page is restored.

Article 6 - Communication tools and security

The individual advertiser may be contacted by users via internal messaging on www.immotop.lu. The advertiser undertakes not to transmit to a third party or to exploit the contact details of this messaging system without the knowledge of the user. The transmission of the contact details of an internet user to an individual advertiser should only serve to connect the two parties (requesting additional information, requesting appointments for a visit, etc.). Any unlawful processing of a user's contact details by an advertiser remains the responsibility of the advertiser who is liable to legal sanctions for which Real Estate Media SA cannot be held responsible. Real Estate Media SA employees do not have access to this messaging system.

In case of scams or fraudulent advertisements identified by Real Estate Media SA, we are likely to contact potential internet users in exceptional cases to warn them and direct them as to the steps to follow if necessary.

Article 7 - Rates, payments, and invoices

The current rates correspond to those shown when creating an advertisement. Rates are subject to change at any time. Promotional offers can also be set up in ad hoc ways; they are exceptional and a similar rate cannot be required outside of the dedicated periods.

Means of payment:
Payments are only online via the user area. There are 2 means of online payment: payment by credit card and payment by bank transfer (an activation time corresponding to the time of receipt of payment is to be expected in this case).

The amount paid for the period subscribed is due. No refund shall be made in the event that the advertiser finds an purchaser before the end date of the advertisement.

Billing:
Invoices can be accessed directly from the user area in the "My Invoices" tab. The individual advertiser can then view and download them independently.

Individual advertiser’s right of withdrawal:
The advertisement provision service furnished by IMMOTOP.LU is executed immediately. The individual advertiser will not be able to withdrawal once the amount has been paid since he has already enjoyed the service of broadcasting his advertisement.

Article 8 - Property

IMMOTOP.LU regularly publishes articles and visuals related to the real estate market. These publications may be disseminated by a third party such as an internet user provided that the source is mentioned with a hypertext link directed to www.immotop.lu and provided that the image of IMMOTOP.LU or Real Estate Media SA is not infringed upon.

No other content from Real Estate Media SA may be copied, reproduced, published, transmitted or distributed in any way. The modification of the contents or their use without the prior consent of Real Estate Media SA constitutes an infringement of the property rights of our company.

Article 9 - Jurisdiction

The use of the services provided by Real Estate Media SA is subject to the laws and regulations of Luxembourg. In the event of a dispute arising out of or relating to these General Terms and Conditions of Use and Sale, the Luxembourg courts shall be designated as the competent courts.

In the event that one of the clauses of these General Terms and Conditions of Use and Sale is deemed illegal, void, or not applicable for any reason whatsoever, this will not affect the validity or the application of other clauses deemed admissible.