The English version of our terms and conditions is a courtesy translation. Only the German version is legally binding.

Terms and conditions

Last updated on: December 10th, 2020

 

1. Scope of application

These terms and conditions govern the use of the applications, content, products and services (hereinafter “services”) provided by Crowdhouse AG, Lerchenstrasse 24, 8045 Zurich (hereinafter “Crowdhouse”) via the website www.crowdhouse.ch (hereinafter “website”). These services include in particular the combination of supply and demand in the real estate market.

Supplementary contractual provisions may apply to the use of certain services. If supplementary contractual provisions are applied, they will be communicated to you in connection with the respective services. If the GTC contradict the supplementary contractual provisions, the supplementary contractual provisions shall take precedence over the GTC.

The terms used in these terms and conditions refer equally to male and female persons.

Please read these terms carefully before accessing or using Crowdhouse services.

 

2. Data protection

Your personal data will be processed in strict compliance with data protection regulations. Further information can be found in the privacy policy regulations. The provisions on data protection form an integral part of these General Terms and Conditions.

 

3. Services

3.1 General

The services include a platform that enables you to invest in offered real estate investments, to participate in the financing of real estate investments and to offer real estate investments that meet the minimum requirements defined by Crowdhouse to Crowdhouse or other users on the platform.

You can also use the platform to obtain other services from Crowdhouse or third parties in connection with the use of the above services. If you use third party services, you agree to be bound by the terms and conditions of such third party. Crowdhouse is not responsible for or liable for any third party services.

Certain services are subject to a fee. For the use of the services, the current prices and conditions published on the website apply. If you use a paid service of Crowdhouse or a third party, you are obliged to compensate Crowdhouse or the third party according to the published prices and conditions.

By accessing and using the services, you agree to refrain from any action that makes it difficult to broker the real estate investments and financing offered via the platform or that circumvents Crowdhouse’s applicable compensation structure in connection with the brokerage of real estate investments and financing.

There is no claim to the use of the services.

3.2 Offering real estate investments to other users on the platform

 You may offer real estate investments that meet the minimum requirements defined by Crowdhouse to other users on the platform in accordance with the conditions defined by Crowdhouse. The use of this service is only possible if you are the owner of the respective real estate investment or have been authorized by the owner of the real estate investment to offer it for sale on the platform.

If you intend to offer a real estate investment to other users on the platform, you need to provide the content, information and documents required for the publication of your real estate investment (hereinafter “offer”), including any pictures and videos. In doing so, you are obligated to disclose essential facts for potential interested parties, in particular known or suspected damages of the real estate investment or other facts that have a significant influence on the purchase price. You are responsible for ensuring that this information and documentation is accurate, up-to-date, complete, correct and not misleading. In addition, you are responsible for ensuring that this content, information and documentation, as well as the publication of your offer, do not violate any legal regulations or the rights of third parties.

After you have provided the content, documents and information completely, you can request Crowdhouse to publish your offer. Crowdhouse decides freely if and to what extent an offer will be published on the platform. There is no entitlement to the publication of an offer, which Crowdhouse may refuse without providing any reason.

The ownership of the information and documents provided will remain with you. By requesting to publish an offer, you authorize Crowdhouse to publish the information and documents provided on the platform as well as to use and evaluate them for its own purposes. With the publication, Crowdhouse is entitled to make the published information and documents available to other users on the platform and third parties who have agreed to keep this information and documents confidential.
Crowdhouse is also entitled to use and evaluate a summary of the offer for its own marketing and other purposes as well as to distribute and publish it on the platform as well as on other channels (e.g. social media channels).

Crowdhouse reserves the right to request changes to the contents of the offer, to make changes or to delete offers at any time without consulting you and without providing any reason. You cannot assert any claims against Crowdhouse in connection with any changes or deletions.

After publication of an offer Crowdhouse enables you to communicate with interested parties via the platform. If you provide further information or documents to interested parties via this communication channel, you are responsible for ensuring that this information and documents are accurate, up-to-date, complete, correct and not misleading. In addition, you are only allowed to provide information and documents via this communication channel if you do not violate any legal regulations or the rights of third parties.

3.3 Offering real estate investments to Crowdhouse

In connection with real estate investments which meet the minimum requirements defined by Crowdhouse, Crowdhouse can provide you with an indicative market value estimate free of charge on request. To this end, you undertake to provide Crowdhouse with the information and documents required for the preparation of the indicative market value estimate in an accurate and complete manner.

Upon your request, Crowdhouse may, free of charge, consider submitting a purchase offer to you in connection with real estate investments for which an indicative market value estimate has been or may be carried out. The decision to submit such an offer requires an in-depth examination of the real estate investment. To this end, you undertake to provide Crowdhouse with all necessary information and documents truthfully and completely and to grant Crowdhouse or a representative of Crowdhouse access to the property if required.

In connection with a purchase offer, you acknowledge that Crowdhouse may intend to transfer the rights and obligations under the purchase agreement to one or more third parties prior to the transfer of ownership after conclusion of any purchase agreement. Accordingly, Crowdhouse expressly reserves such a right in a sales contract (substitution clause). If you conclude a formal purchase agreement with Crowdhouse in connection with a real estate investment, you authorize Crowdhouse to make the concluded purchase agreement as well as further information and documents necessary for the mediation available to potential interested parties within the framework of an intermediation of the real estate investment.

You can only make enquiries for an indicative market value estimate or the submission of a purchase offer if you are either the owner of the real estate investment in question or if you have been authorised by the owner to place such an enquiry with Crowdhouse.

Crowdhouse may offer a commission for the brokerage of real estate investments. The prerequisite for the payment of such a commission is the conclusion of a written contract between you as the agent on the one hand and Crowdhouse as the client on the other. The mandatory content of such a contract is the description of the order for the brokerage of real estate investments, the mutual rights and obligations as well as the detailed calculation and payment modalities of the brokerage commission. No commission claims can be asserted without a written contract.

 

4. Access to the services

You yourself are responsible for setting up the network access required for the use of the services.

To use the services, you must create and maintain a user account and provide the necessary information. Furthermore, the use of certain services is only possible if Crowdhouse has verified your identity.

Natural persons can only create a user account if they are of legal age and have unlimited capacity to act. Legal entities can only create a user account through an authorised representative.

At the same time, they may only have one user account and they may only use the user account for their own account. The user account is also highly personal and non-transferable. You are obliged to keep the access data to the user account secret and to protect it against misuse by unauthorized persons. You bear all risks arising from the misuse of the access data. If you are aware of any misuse of your user account, you must inform Crowdhouse immediately.

You undertake to ensure that the data collected in connection with the user account and all information made available to Crowdhouse is always true, correct, complete and up-to-date. You are responsible for all data collected and information provided by you. You may only provide data and information to Crowdhouse if you are authorized to do so.

You also agree to comply with all applicable laws when using the services.

Crowdhouse may deny you access to all or part of the services at any time. Crowdhouse also has the right to delete any data collected or information provided by you without notice or reason.

You may not reproduce, modify, distribute, transmit or license the services without the written permission of Crowdhouse. In addition, you may not unduly restrict or interfere with Crowdhouse’s ability to provide the services or attempt to gain unauthorized access to the services and any systems or networks connected therewith.

 

5. Content and availability of the website

The contents made available by Crowdhouse or third parties via the website are provided without guarantee. Such content may be changed or deleted by Crowdhouse at any time without prior notice and without providing any reason.

Crowdhouse strives for a comprehensive availability of the website within the scope of what is technically and economically reasonable. However, a claim to availability at any time cannot be granted. Crowdhouse reserves the right to temporarily restrict access to the website at any time without prior notice and indication of reasons.

 

6. Rights to the content of the website

Crowdhouse has copyright in all content, documents, contracts and data made available by Crowdhouse through the website. You are obliged to use these contents, documents, contracts and data exclusively in connection with the use of the services. Content, documents, contracts and data that are not publicly accessible must be treated confidentially. You may not use, reproduce, republish, modify or re-utilise the service in any way without the prior written consent of Crowdhouse.

All content, documents, contracts and data provided by you remain your property. However, by providing such information, you grant Crowdhouse the right to use such content, documents, contracts and data in the course of providing the services.

 

7. Role of Crowdhouse

Crowdhouse is only the platform operator. Crowdhouse’s role is limited to bringing together supply and demand in the real estate market in a timely manner. The content, documents, contracts and data made available by Crowdhouse on the website constitute neither an invitation nor a recommendation to conclude a legal transaction. Crowdhouse does not make any investment recommendations.

Crowdhouse does not accept or retain any public deposits or other third-party assets in connection with the services. Furthermore, Crowdhouse does not provide any services in connection with the management, safekeeping and distribution of collective investment schemes.

Crowdhouse is not subject to the supervision of the Swiss Financial Market Supervisory Authority (FINMA).

 

8. Taxes

You are responsible for clarifying and correctly fulfilling the tax obligations arising for you in connection with the use of services. Crowdhouse recommends that you consult a tax expert before using the services.

Crowdhouse does not provide tax advice.

 

9. Risks

The site contains statements regarding future financial and operational developments and results and other projections, all of which are forward-looking or involve subjective assessments. All such statements are made on the basis of estimates and assumptions that Crowdhouse believes to be reasonable at this time. However, due to a variety of uncertainties, risks and other factors, expected developments may differ from actual results. Real estate investments can be subject to considerable fluctuations in value and involve unforeseeable risks. In extreme cases, even a total loss of the investment cannot be ruled out. A non-exhaustive description of the risks associated with investments in real estate can be found here. You are aware of your obligation to comprehensively consider these risks before making an investment decision and to understand these risks and their potential effects.

Crowdhouse recommends that you seek advice from a real estate investment specialist before investing in real estate investments.

 

10. Messages from Crowdhouse

Crowdhouse may send you messages via your user account, e-mail or letter.

Messages delivered to you through your account will be deemed delivered when the message is posted to your account. Messages sent by e-mail are deemed to have been delivered if they are sent to the e-mail address associated with your user account.

 

11. Disclaimer of liability and warranty

Any liability of Crowdhouse, its executive bodies, employees and assistants is excluded to the extent permitted by law. In addition, Crowdhouse, its executive bodies, employees or assistants shall not be liable for indirect or consequential damages such as loss of profits or claims by third parties or for loss of data in general. The upper limit of any liability of Crowdhouse, its executive bodies, employees and agents shall be the sum of the fees paid by you to Crowdhouse for the use of the services.

Any warranty by Crowdhouse is excluded to the fullest extent permitted by law. Nor does Crowdhouse make any warranties.

 

12. Other terms and conditions

12.1 Offsetting of receivables

You are not entitled to offset your claims against Crowdhouse against claims of Crowdhouse.

12.2 Assignment and transfer

You are not entitled to assign or transfer any claims and rights arising from the contractual relationship with Crowdhouse or the entire contractual relationship to third parties without the prior written consent of Crowdhouse.

Crowdhouse shall have the right to assign or transfer any claim or right arising out of or in connection with this agreement or the entire agreement to any subsidiary, affiliate or third party without your prior written consent.

12.3 Partial invalidity

Should any provision of these terms and conditions be or become invalid, void or unenforceable at any time, in whole or in part, the remainder of these terms and conditions shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as possible to the economic and legal purpose of the invalid provision.

12.4 Changes

Crowdhouse may modify the terms and conditions and the privacy policy in whole or in part at any time and without prior notice. Any changes will be effective upon the posting of the revised terms and conditions or the revised privacy policy on this website. By accessing the services following publication, you agree to be bound by the revised terms and conditions or the revised privacy policy.

 

13. Applicable law and jurisdiction

These terms and conditions are subject exclusively to Swiss substantive law.

The exclusive place of jurisdiction is Zurich.