Terms and conditions
Terms and conditions for the use of www.crowdhouse.ch
1. General conditions
These terms and conditions of Bricks & Bytes AG, Lerchenstrasse 24, 8045 Zürich (hereinafter crowdhouse), regulates the conditions of use, and the rights and obligations of users related to the use of the website www.crowdhouse.ch (hereinafter the website).
The services of crowdhouse consists specifically in bringing together the real estate offers and the potential buyers and investors, as well as in managing the properties.
The personal data processing of users of the website is under strict observance of data protection regulations. More information can be found under the provision on data protection. The provision on data protection are an integral part of the present terms and conditions of use of the website.
The use of the website requires a user registration and the agreement to the present terms and conditions of use of the website and to the provision on data protection. Any claim on the use of crowdhouse services is excluded.
Any registration by, and use of the website is only open to natural persons over 18, and legal persons. Membership is personal and not transferable. Users may not provide their user account to third parties. Each user may only have one user account.
crowdhouse is protected by copyright for all the information contained on the website and for the existing documents and data linked to the use of the website. The user is not allowed to reproduce or to modify any information contained on the website or any relevant document and data linked to the use of the website. The user shall use the documents such as image material, information about the properties, contracts, etc. exclusively for the purpose of investing or of evaluating a potential investment. The contracts and other documents may not be reproduced, modified or otherwise processed. crowdhouse remains the sole owner of the copyrights and rights of use at any time.
The real estate share can be acquired exclusively by users (i) for their own private investment or (ii) on behalf of a third party for their private investment based on a power of attorney or (iii) on behalf of a legal person for the purpose of the investments of the legal person concerned based on a power of attorney. It is not permitted to acquire the share for the purpose of resale to third parties nor for a bidder nor for the intermediation to third parties without the prior written consent of crowdhouse.
During three years after the registration on crowdhouse, every user or investor shall not, without the consent of crowdhouse, acquire real estate directly or indirectly from the vendor of the property and to procure any property directly or indirectly to third parties. A company, held directly or indirectly by at least 50% by the seller, is considered equally as the seller.
In addition, after the conclusion of a management contract, during the same period, every user or investor shall not to purchase any property offered by the broker entrusted with the sale of the property, nor to pass it on to potential buyers.
Any warranty and liability of crowdhouse, their directors, officers, employees and auxiliary persons is excluded, to the extent permitted by law.
The data and information contained on this website are provided without guarantee. That information give only a brief overview of the documents and data provided by the seller for every property available. It is neither an advertisement addressed to potential investors nor an offer nor a recommendation to purchase. Any liability of crowdhouse for possible mistakes, errors and omissions on this website or in other written or oral information is excluded to the extent permitted by law. Moreover, crowdhouse is not liable for the accuracy and completeness of the documents provided by the seller of the available properties and the information contained therein. Any interested party is responsible for the verification of the documents provided. Therefore, crowdhouse recommends the involvement of professional consultants (such as tax advisers, property valuator) for carrying out an individual needs assessment and for giving professional advice. If nevertheless such information were provided or warranty were given, it can then be assumed that these have not been approved. Commission claims by third parties are excluded.
5. No investment advices and no regulation
crowdhouse is neither an investment consultant nor a fund manager, but a business portal. Our role is limited to bringing together supply and demand on the real estate market in a modern way and without exclusions. We don’t give any investment recommendations. The data and information contained on the website do not constitute any advertising and contain neither a recommendation nor an invitation to purchase. The investment in the properties displayed on this website are not governed by the Federal Act on Collective Investment Scheme (CISA). According to the fact sheet of the Swiss Financial Market Supervisory Authority FINMA from the 1st of December 2014, the operation of crowdfunding platforms, in which the money goes directly from the project financers to the project developers, not subject to any specific provisions under Swiss supervisory law. This also applies if the funds go to a third party independent from the project developers, the platform operator and the project financers (for instance escrow agents). According to the above specifications, crowdhouse never receives funds, public investments nor any other capital and executes no payment transactions nor financing operations. crowdhouse is not subject to the Swiss Financial Market Supervisory Authority FINMA.
On this website, no information concerning the users or investors tax obligations is provided. Each user or investor is directly responsible for the correct taxation of his own investments. Basically, taxation is based upon annual income for privates as well as for businesses. With the sale of real estate shares or with the sale of the entire property, taxes are also due and can vary depending on the legal form, location of the property and holding period. These tax obligations should be precisely clarified by each investor with their tax advisors beforehand.
This website may contain statements about future financial and operating results and other developments and forecasts, all of which are forward-looking or subjective assessments. All of these statements are based upon estimates, assumptions and presumptions that crowdhouse considers appropriate at this stage. Due to a number of uncertainties, risks and other factors, the expectations could differ materially from the actual results. Properties may be subject to significant fluctuations and unforeseeable risks. In extreme cases, even an entire loss of the investment is not excluded. Before deciding for an investment in a property based on available documents, we recommend you to become familiar with the risks of real estate investment. You will find more information about risks in the footer of our website under the title Risk factors.
8. Referral program
The referral program on crowdhouse.ch allows users or investors to receive a discount on future properties investment with crowdhouse thanks to recommendations.
Participation requirements: the user or the investor must be registered on the crowdhouse platform and identified by one of our staff as a person through a phone call or a personal visit. The recommendation must be made on the referral page (by entering a valid email) on crowdhouse.ch. The referred user must then register on crowdhouse.ch thanks to the referral email that he will receive and successfully invest in a property on crowdhouse.ch (payment of own funds, acceptance by the bank and transfer of title).
The recommender will be informed about the successful investment of the newly recommended user or investor and receives a confirmation of the discount by email.
Other condition: the discount is equal to CHF 500 per successfully referred investor, regardless of the amount of the investment. The discount is not paid in cash, but is only credited for a personal, future property investment on crowdhouse.ch. The discount of CHF 500 will only be credited once per referred user. For recurring investments of the referred user an additional discount is excluded. The discount is not transferable and is valid for 24 months (from the date of confirmation of the discount by crowdhouse.ch). The maximum amount of discount per investor and per calendar year amounts to CHF 100,000. Employees, partners and shareholders of crowdhouse.ch are excluded from the referral program.
10. Place of jurisdiction and applicable law
Swiss law is exclusively applicable for the present general conditions of use and all other agreements between the user and crowdhouse. The exclusive place of jurisdiction is Zurich.