Terms and Conditions of Use
The website in computer and mobile versions and the applications of immogoethals.lu (hereinafter referred to as "Website and Application") are the property of IMMOBILIÈRE VIVIANE GOETHALS SARL, whose registered office is at 2B, rue Tony Schmit L-9081 Ettelbruck - VAT No. LU32672304, RCS Luxembourg: B250106 (hereinafter: "Owner"). Access to the Website and the Application, as well as information about all Services offered, implies compliance with and acceptance of all these terms and conditions of use (hereinafter: "Conditions"). For this reason, we recommend that you read them carefully if you wish to access and use the information within the framework of the Services offered by the Website and the Application.
User Status
The use of any of the services offered by the Website and the Application (hereinafter referred to as "Service" or "Services") grants the User the status of a User (hereinafter referred to as "User" or "Users"). In general, it is not necessary for the User to register to access the services offered by the Website and the Application; however, the use of certain Services may require User registration. This registration must be carried out in the specific manner indicated within the service in question.
Most of the services offered by the Website and the Application are free of charge.
Any questions relating to invoicing, including the acceptance of modifications or corrections to articles and amounts and the issuance of credit notes, must be addressed by the User directly to the administration of IMMOBILIÈRE VIVIANE GOETHALS SARL: info@immogoethals.lu.
Types of Users
Within the framework of using the Website and the Application, there are two types of Users: Simple Users and Professional Users.
Simple Users are private individuals (but also professionals using the Website and the Application for purposes other than those defined below for Professional Users) and are defined as such for the purpose of using the Website and the Application to search for properties and information. Simple Users can access certain services (e.g., property searches) anonymously, while other services (e.g., adding listings, requesting to automatically receive information about new listings) require prior registration.
Professional Users are real estate agents, builders, other professionals, and companies in the real estate sector who use the Website and the App to provide services to Simple Users. Professional Users may only access the services intended for them after contacting the Owner to request authorization, as well as entering into a service contract (hereinafter "Service Contract").
The publication of Listings for Simple Users and Professional Users is regulated in the Listings section.
Minors
The use of the Service is reserved for adults. To be able to use the Service, minors must have the prior consent of their parents, guardians, or legal representatives, who will be responsible for all actions carried out on the Website and the Application by minors under their supervision.
Permitted and Prohibited Uses
It is prohibited to carry out, directly or indirectly, any form of commercial exploitation of the Services by accessing, using, or transferring information contained in the Website and the Application. Failure to comply with this prohibition will result in legal action. The User acknowledges and agrees that the use of the content and/or services offered by the Website and the Application is at their own risk and under their own responsibility.
The User agrees to use the Website and the Application, as well as all contents and services, in accordance with the law, good morals, public order, and as indicated in these General Conditions. Similarly, the User undertakes to make appropriate use of the Services and/or Content of the Website and the Application and not to use them for illegal, dishonest, or criminal activities, to violate the rights of third parties and/or to infringe regulations on intellectual property or any other legal rule.
In particular, the User undertakes not to transmit, introduce, distribute, or make available to third parties any material or information (data, messages, images, sound and image files, photographs, software, etc.) that is contrary to the law, morality, public order, or Conditions. The use of the Website and Applications for purposes other than those provided by the Owner is prohibited.
Furthermore, the Owner reserves the right to refuse access to the services and contents of the Website and Applications at their sole discretion. Similarly, they reserve the right to deny access to their pages without prior notice to any user who violates the provisions of this legal notice.
Intellectual Property
The Owner is the rightful owner of the Website and the Application, the pages contained therein, the information or elements contained in the texts, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names, or other elements protected by intellectual or industrial property rights.
The User cannot reproduce, transform, modify, decode, distribute, rent, make available to the public, or allow access by means of communication to the public any of the elements referred to in the previous paragraph, except with express authorization from the Owner or the third parties holding the corresponding rights, or except with legal authorization.
Guarantees and Liability
The Owner does not guarantee the continuity of access nor the correct display, download, or use of the elements and information contained in the pages of the Website and the Application, which may be prevented, hindered, or interrupted by factors or circumstances beyond their control. The Owner is not responsible for the information and other content integrated into areas or third-party sites accessible through the Website and the Application. The Owner is not responsible for information, content, products, and services offered or provided by third parties or entities through the Website and the App.
Neither the Owner nor any third-party information provider is liable for any damage, loss, claim, or expense resulting from: (i) interference, interruptions, errors, omissions, telephone failures, delays, blockages, or disconnections in the operation of the electronic system caused by failures, errors, and overloads of lines and telecommunications networks, or for any other cause beyond the control of the Owner, (ii) the use of illegal and/or harmful programs and media of any kind, such as viruses or others, (iii) the malicious or inappropriate use of the Owner's websites, (iv) browser security or errors caused by the malfunctioning of browsers or outdated browser versions or by outdated hardware.
Negotiations with Third Parties through the Website
The User acknowledges and agrees that any contractual or non-contractual relationship with advertisers, real estate agencies, construction companies, private users, third parties who publish real estate advertisements (hereinafter referred to as "Advertisers") or third parties contacted through the Website and the Application, as well as participation in contests, promotions, sales of goods or services, will be solely and exclusively between the User and the Advertiser and/or the third party. Consequently, the User acknowledges that the Owner will not be responsible for damages of any nature related to negotiations, discussions, and/or contractual obligations with Advertisers or third parties, physical or moral, contacted through the Website and the Application.
Viewing Listings
The search for information on the Website and the Application, as well as the display of Listings, is carried out through automated procedures, and the Owner declines any responsibility for the quality of the proposed results, their content, accuracy, veracity, and compliance with the rules contained in these Conditions. However, the User can report any illegal, fraudulent, suspicious, or non-compliant ad by sending an email via the dedicated page.
The ads on the Website and the Application are published by real estate agencies, construction companies, other professionals, and private individuals. The publication of this information does not imply approval or endorsement by the Owner nor any form of warranty on their part regarding the content of this information. Therefore, the Owner is not responsible for the truthfulness, accuracy, completeness, privacy policy, and/or any other aspect of these ads.
Publication of Listings
The publication of listings is governed by these General Conditions for Simple Users and by the Service Contract for Professional Users.
Users can publish a listing free of charge (with the possibility of purchasing services that offer additional visibility for the listing itself). The listings placed by users on the website and the application immogoethals.lu may also be visible on other sites linked to immogoethals.lu and/or owned by immogoethals.lu.
It is expressly prohibited for Professional Users to place listings as Simple Users. Professional Users must sign a service contract to be able to publish listings.
The Owner reserves the right to permanently or temporarily delete listings at their sole and exclusive discretion.
Privacy and Personal Data Protection
Users' personal data will be processed in accordance with the regulations in force. For more information, please consult the Privacy Policy.
Security Measures
The Owner has adopted the security measures deemed appropriate to ensure the secrecy and confidentiality of personal data, in accordance with current laws. For more information, please refer to the Privacy Policy.
Use of Cookies
Some pages of the Website and the Application contain non-invasive or harmful cookies that do not contain any personal data: the sole function of cookies is to personalize navigation. The User can enable the settings of their browser to refuse the installation of cookies. For more information, consult the page on the use of cookies.
Termination
The Owner reserves the right, at their sole and exclusive discretion, to permanently or temporarily deny access to the Website and the Application. Users affected by the exclusion measure will be informed of this decision and will not be permitted to attempt access to the Website under another name or through other Users in the future.
The User will be responsible for any damages of any kind that the Owner or its affiliates may suffer, directly or indirectly, due to a breach of the obligations arising from the Terms of Use in the context of using the Website and the Application. Moreover, the User will indemnify the Owner from any penalty, claim, or subpoena from third parties, including government agencies, against the Owner, its employees, or collaborators, due to the violation of third-party rights by the User's use of the Website and the Application or related services in a manner contrary to the provisions of these Terms of Use.
Modifications
The Owner reserves the right to make any modifications it deems appropriate, and may modify, delete, and add new content and/or services, as well as the manner in which they are presented and located.
Duration and Termination
Free services and/or content of the Website and the Application can be provided indefinitely, as long as the User's account remains active; furthermore, where specified, the services, including paid options, are limited to the period indicated on the page of the process of publishing listings on the Website and the Application. The Owner can unilaterally terminate, suspend, or interrupt the provision of the Service and the Website and Application at any time without prior notice.
Applicable Law and Jurisdiction
Subject to the provisions of non-mandatory laws, the courts of Luxembourg will have exclusive jurisdiction to settle any disputes arising out of or in connection with these General Conditions.