1. Scope and validity of the Terms, definitions of the terms used therein
1.1. Portal user: any natural or legal person who visits the Portal (hereinafter referred to as Customer).
1.2. Portal owner: SARL-S LOR HOLDING "liveonriviera.com” (registration No.B237532 , registered office: 36, cité Bech, L-6186 Gonderange, Luxembourg) (hereinafter referred to as "liveonriviera.com”).
1.3. Real property owners, brokers and legal possessors: legal or natural persons who are entitled to conduct transactions with the relevant real properties (buildings, apartments, residential houses, land, etc.) on a statutory or contractual basis (hereinafter referred to as Agents).
1.4. Service Providers: performers of specific works who, in agreement with the Customer, may acquire the right to provide the Customers with the services they have requested (hereinafter referred to as Service Providers).
1.5. The legal relationships between the "liveonriviera.com"and Customers, Agents and Service Providers (hereinafter collectively referred to as Users) relating to the use of the Portal shall be governed not only by these Terms but also by the Special Rules and by the applicable European Union legislation.
1.6. For the purpose of making the use of the Portal more convenient and secure, the “liveonriviera.com” reserves the right to make amendments and updates to the Terms and changes in the pricelist of services. Such amendments, updates and changes shall take effect upon posting on the Portal.
2. Use of the Portal
2.1. The “liveonriviera.com” provides Agents and Service Providers with a virtual (electronic) site, i.e. the Portal, for conducting the following activities:
2.1.1. Posting of Agents’ classified ads for transactions with real properties (such as apartments, houses, non-residential premises, land, etc.);
2.1.2. Posting of Service Providers’ classified ads related to property management;
2.1.3. Placement of ads on the Portal.
2.2. "liveonriviera.com" provides the Customer with a specific access to the Portal so that the Client can contact the Agent or the Service Provider and receive the selected service.
2.3. With the applications made available on the Portal, the "liveonriviera.com" does nothing else than provides Customers and Service Providers with the facility to obtain information: for Customers – about transactions with real properties; for Agents and Service Providers – about real properties, work and service orders submitted by Customers. The "liveonriviera.com" assumes no liability for the content of classified ads, values of transactions, their correlation with market prices, chances of entering into transactions and/or purchasing and/or alienating real property, quality and terms of services provided.
2.4. The Agents and Service Providers shall enter into all transactions specified in a classified ad without approval of the "liveonriviera.com", and the "liveonriviera.com" in no way guarantees the execution, validity and feasibility of such transactions. The "liveonriviera.com" are not an estate agency.
2.5. Users shall be responsible for the compliance of information which they post on the Portal with the European Union legislation and requirements of these Terms, and for its correspondence to the actual circumstances.The "liveonriviera.com" is not responsible for the lawfulness, truthfulness and validity of information that Users post on the Portal and/or offers made to/by Customers, and for the legal implementation of the obligations and rights of other Users.
2.6. Agents and Service Providers shall assume full liability towards third parties for the content of classified ads posted or submitted for posting and for the lawfulness of copyrighted works, registered trademarks, patented products, etc. contained therein, and shall compensate the "liveonriviera.com" or third parties any losses incurred as a result of violating copyright and competition laws and norms of ethics.
2.7. By consenting to posting classified ads on the Portal, Agents and Service Providers shall grant the "liveonriviera.com" an exclusive licence for the use of materials contained in the classified ads and protected by copyright.
Any copying, distribution, transfer, placement, or any other modification of the Portal without prior consent of the "liveonriviera.com" shall be prohibited.
3. Scope of Users’ commitments
3.1. Users shall undertake not to use the Portal for purposes of carrying out illegal activities that could compromise the security of Portal’s information systems.
3.2. Users may not distribute, modify, publish, or sell the data posted on the Portal, and may not create databases of such data or use them in any manner for making copyrighted materials (this provision does not apply to the relevant Agent’s own data).
3.3. Users shall undertake to ensure that the data they provide to the "liveonriviera.com", including electronic data (files, applications, e-mail correspondence, etc.), contact information, offer information and any other data that they have posted on the Portal:
3.3.1. are not deceitful, inaccurate and/or incorrect;
3.3.2. contain complete and detailed information about the offer, its price, features, and limitations on use;
3.3.2. do not contain offers (items, services, etc.) that are illegal, prohibited or restricted for trading (purchase, sale, letting out, renting, etc.);
3.3.3. do not infringe intellectual property rights or other rights of third parties;
3.3.4. are not in contradiction with European Union legislation (including, but not limited to, the legislation regulating consumer protection and competition);
3.3.5. are free of viruses and other computer malware or files that harm the content of the Portal or otherwise disrupt its normal use, or otherwise disturb the normal functioning of computer systems of third parties.
3.4. Only Users who have registered on the Portal in accordance with the registration procedure may connect to the changeable applications of the Portal and post data thereto.
3.5. Users shall ensure and pay attention that the password and username created for the Portal are not placed at the disposal of third parties and shall immediately notify the "liveonriviera.com" of a password and/or username that has/have been lost or come into the hands of third parties, so that the "liveonriviera.com" could take all the necessary measures to block the relevant username and password as soon as possible.
3.6. Before the "liveonriviera.com" has been notified that a username and password had been obtained by third parties, any actions performed using the password and username of the relevant User shall be deemed to have been performed by the User.
3.7. Users shall provide any information which may be relevant for meeting the commitments and for usage of the Portal (details, contact information, persons in charge, etc.) to the "liveonriviera.com" via e-mail.
3.8. By using the Portal, Customers confirm and warrant that they are at least 18 years of age and have legal capacity, and Agents and Service Providers confirm and warrant that they are registered legal entities whose representatives have all the powers to act, assume responsibilities and use the Portal on behalf of the relevant legal entity, but natural persons (Agents and Service Providers) – that they are at least 18 years old and have the right to handle the property in question.
3.9. Agents and Service Providers represent and warrant that they hold all the licences and permits necessary for the relevant economic activity.
4. Scope of the "liveonriviera.com"’s commitments
4.1. The "liveonriviera.com" shall be entitled at its discretion to restrict or prohibit a User to use the Portal if:
4.1.1. an Agent, Service Provider or Customer fails to comply with these Terms and with the Special Rules, or violates laws and regulations;
4.1.2. an Agent or Service Provaider has provided incorrect, misleading and/or inaccurate Portal User’s registration data to the “liveonriviera.com” or has posted on the Portal information in contravention of the Terms.
4.2. The "liveonriviera.com" shall be entitled to follow the activities ongoing on the Portal, including checking the content of information posted by Users. To ensure compliance with the Terms and legislation, the "liveonriviera.com" may, using any legally available means, check the information posted by Users and give the Users recommendations regarding its content.
4.3. The “liveonriviera.com” shall be entitled to assume that the information provided to it regarding an identified or identifiable individual is correct and that the person from whom such information has been received is eligible to provide it to the “liveonriviera.com”.
4.4. The "liveonriviera.com" shall be entitled at any time to delete from the Portal the information posted by Users if their offers are in contravention of the Terms and effective laws and regulations.
4.6. The "liveonriviera.com" assumes no liability for any kind of losses or damage that the Users and/or third parties may incur through visiting the Portal or the use of classified ads posted.
4.8. The "liveonriviera.com" shall have the right to recourse against Users if it has sustained any kind of material loss or damage due to the Users’ default (fully or in part) on their obligations.
4.9. The "liveonriviera.com" shall be entitled to unilaterally set charges for the use of the Portal or individual services.
6. Return policy (does not apply to legal entities)
6.1. The Customer, by concluding a service agreement (paying for the placement of the advertisement), agrees and confirms that he will lose the right of withdrawal from the day the service contract is fully executed.
6.2. The Customer may not exercise the right of withdrawal if the provision of the service is complete.
6.3. The provision of the service (posting of the advertisement) takes place immediately (on the same day) after payment of the service. As the advertisement is placed indefinitely, the provision of the service (in the context of the return policy) is considered complete when the advertisement is published.
7. Miscellaneous provisions
7.1. The legal relationships between Users and the "liveonriviera.com" relating to the Use of the Portal shall be regulated by the Luxembourg and European Union legislation.
7.2. Any dispute between Users and the "liveonriviera.com" shall be settled through negotiations. Should the negotiations fail, then any dispute, controversy or claim relating to the Terms or content, breach, or ineffectiveness thereof, shall be settled in a court of Luxembourg of pursuant to the Luxembourgish legislation.
7.3. In case Users have complaints regarding observance of the Terms, they may send such to the Company’s e-mail given on the Portal, indicating their first name, surname, phone number and e-mail.
7.4. All services (both free of charge and chargeable) on the Portal are provided in the scope and order as they appear on the Portal.
The Terms and conditions are published on 05/25/2018.