General terms and conditions: place a classified
GENERAL TERMS AND CONDITIONS APPLICABLE ON THE WWW.IMMOWEB.BE PLATFORM FOR PRIVATE INDIVIDUALS
Article 1 – Scope
Immoweb SA/NV, whose registered office is in Belgium at Rue aux Laines 70 in 1000 Brussels, registered in the Brussels Register of Legal Entities, VAT 0429.223.614, operates the Immoweb platform (hereinafter “Immoweb”).
“Immoweb Platform” means the website www.immoweb.be and the Immoweb app.
“Private Individual” means a Private Owner of a property that is put up “For Sale” or “For Rent” on the real estate market.
If the Private Individual is not the real owner of the property, he must always have an explicit and undisputed mandate from the owner of the property which is put up for sale or for rent and submit this on simple request (hereinafter “Private Owner”).
These General Terms and Conditions lay down the terms and conditions applicable to the placing of Classified(s) by the Private Owner in respect of real estate for sale or for rent (hereinafter “Classifieds” on the Immoweb Platform).
Immoweb reserves the right to unilaterally change the General Terms and Conditions and the rates charged in order to comply with new legal provisions or changed market conditions.
Immoweb reserves the right to change the configuration and content of the Immoweb Platform at any time.
The Private Owner explicitly acknowledges to have read the General Terms and Conditions before payment of the Classified.
Article 2 - Object
The Private Owner can choose:
1. The type of Classified
“The Type” means a Classified “To Sell” or a Classified “For Rent”.
2. Visibility of the Classified
“Visibility” means the seize of the Classified.
3. Duration of the Classified
“Duration” means the time of length the Classified is online.
Duration and Termination
The Classified can be taken offline before the expiration date (without a full or partial refund), extended or renewed (according to the modalities determined by Immoweb).
Due to the rapidly changing market, products and services are regularly added to our offering.
Article 3 - Procedures and rates charged for Classifieds
The Private Owner can place and manage an online Classified via the “My Immoweb”-account at the chosen rate.
An additional administrative fee is charged when an invoice is requested.
The prices of the properties displayed in the Classifieds by the Private Owner are automatically rounded to the nearest euro (without showing decimals).
Article 4 - Obligations of the Private Owner
The Private Owner is solely responsible for the content and the updating of the Classifieds he has placed on the Immoweb Platform. The Private Owner undertakes to:
- ensure that the information contained in all Classifieds transferred to or updated on the Immoweb Platform is accurate and not violating the property rights of neighbours/co-owners and, when necessary, to update them so that they contain correct and as complete and detailed information as possible, such as photos, floorplans, descriptive text and technical, planning-related and financial information. “Photo” means any photograph explicitly representing a property or a part thereof, to the specific exclusion of location maps, signs, logos etc.;
- check immediately after publishing the Classifieds that they appear online on the Immoweb Platform and that they comply with the General Terms and Conditions.
- Update the Classifieds whenever the content changes
- Deactivate the Classifieds if the property has been sold or rented out
Without prejudice to the provisions of Article 7, it is agreed that:
1. in the event of non-compliance with one or more of the provisions of this Article 4, and/or
2. if particular data relating to the Classified and/or the Private Owner are so confused or vague that their accuracy may reasonably be called into question, and;
Removal of non-compliant data or of the Classified itself shall not give the Private Owner any right to a refund or compensation.
Immoweb may delete any false or misleading Classified at any time; in such a case, the Private Owner shall not be entitled to any refund or compensation.
If the Private Owner refers to the Site in or on other communications (brochures, advertising signs,...), he must properly inform the competent authorities and pay all associated taxes and other charges.
Article 5 – Intellectual property rights
The Private Owner declares that he’s authorised to sell or rent the properties referred to in the Classifieds or that he has an explicit and undisputed legal mandate to place the Classified.
Moreover, the Private Owner declares that he is the holder or assignee – or at least that he can show proof of having obtained all the necessary authorisations from the holders in connection with the publication of the Classified – of all rights, including any copyright, rights of ownership and moral rights, relating to the graphical elements and other integral parts of the Classifieds (photos of the properties and their interior, etc.) that he transfers to or updates on the Immoweb Platform.
For the period during which the Classifieds are online on the Immoweb Platform and for the general public, the Private Owner grants Immoweb all reproduction and public communication rights relating to the information and elements transmitted by the Private Owner including:
- the right to record the information and the elements transmitted via any technology and reproduce them in any medium;
- the right to disseminate and communicate them to the public through any communication technology;
- the right to adapt and change the information and elements transmitted such as, inter alia, photos so as to ensure publication of optimum quality on the Immoweb Platform, in particular via scanning or reprography or by the use of any image editing software;
- the right to technically modify content, particularly the content of Classifieds (which may occur in the case of reuse), for example to make them compatible for distribution via other channels, such as mobile phones;
- the right to reproduce in the Classified the Private Owners’ name and any contact information that the Private Owner has transmitted for publication, in particular the postal address, the name, telephone number, mobile phone number, email address, link to the internet, the Immoweb Platform, etc.
Immoweb NV expressly prohibits the automated or systematic reading or copying of the platform in whole or in part (images, data, etc.) for any purpose and in any way whatsoever, and regardless of the technical means used (such as scraping, etc.).
Article 6 - Obligations of the Private Owner
1. The Private Owner acknowledges that he accepts sole and full liability for the contents of the Classified and undertakes to ensure that Immoweb shall have free exercise of the rights conferred upon it.
The Private Owner shall hold Immoweb harmless against any legal action instituted by third parties claiming rights in relation to the information and elements supplied to Immoweb by the Private Owner. The Private Owner shall indemnify Immoweb for any damages that Immoweb may be obliged to pay to those third parties (including administrative expenses, legal fees and costs of proceedings).
2. The Private Owner acknowledges that he accepts sole and full liability for the contents of the Classifieds he transfers to or updates on the Immoweb Platform and accordingly undertakes to hold Immoweb and/or its related companies (within the meaning of Article 1.20 of the Belgian Companies & Associations Code) harmless against any legal action or any other action instituted by third parties or administrative or public authorities in connection with the contents of the Classifieds and consequently to indemnify Immoweb for any damages, fines, taxes or other payments that may be claimed from it (and/or from its related companies) following such action, including administrative expenses, legal fees and costs of proceedings which Immoweb and/or its related companies incur as a result of legal action instituted by a third party.
Article 7 - Obligations of Immoweb
To the extent possible, Immoweb shall process Classifieds and information related to the Classifieds as quickly as possible after payment an publish the Classifieds online on the Immoweb Platform.
Article 8 - Cancellation by Immoweb
Immoweb may remove immediately as of right, without the Private Owner having any right to compensation or refund, if the Private Owner:
- fails to comply the obligations set out in these General Terms and Conditions ;
- does not meet or ceases to meet the definition of a Private Owner as stated in Article 1;
- fails to comply with the provisions of the law and/or rules of professional conduct applicable to him.
Article 9 - Payment terms
The Classified is paid online and immediately activated. By doing so, the Private Owner agrees that the right of withdrawal is not applicable here.
Article 10 - Limitation of liability
1. All the obligations of Immoweb resulting from publishing Classifieds by Private Owners are best endeavours obligations.
2. In no case can Immoweb or its related companies (within the meaning of Article 1.20 of the Belgian Companies & Associations Code) be held liable:
- for any losses (including indirect losses, loss of income or loss of profit) suffered by the Private Owner or resulting from any action taken against the Private Owner by third parties in relation to any information transmitted by the Private Owner in relation to Classifieds, the content of Classifieds or the mere placing of Classifieds online on the Immoweb Platform, or as a result of the misuse or unauthorised use of elements/information placed online on the Immoweb Platform;
- for the quality and/or the success of the transfer of the Classified to the Immoweb Platform by the Private Owner;
- for any interruption, suspension or cancellation of its obligations that is attributable to an event reasonably beyond Immoweb’s control or to force majeure. The following shall be considered as cases of force majeure in addition to those normally recognised in Belgian law: total or partial strike, lock-down, obstruction of transportation, earthquake, fire, storm, flooding, water damage, computer or network breakdown including breakdown of the internet, and obstruction of telecommunications.
3. If, notwithstanding the provisions laid down in this Article 10, Immoweb and/or one of its related companies (within the meaning of Article 1.20 of the Belgian Companies & Associations Code) is held to be liable to the Private Owner on any grounds, it’s or their (joint) liability shall remain limited to the refunding by Immoweb (or the related company, as the case may be) of the amount paid.
Article 11 - Confidentiality
Except in cases where the law so requires or where the relevant information is in the public domain, the Private Owner undertakes not to disclose any information obtained from Immoweb and/or any of its related companies (within the meaning Article 1.20 of the Belgian Companies & Associations Code) and/or concerning its activities to any third party without Immoweb’s prior written consent. This obligation of confidentiality shall be incumbent on the Private Owner from the first day of collaboration and shall remain in force for two (2) years after the last publication of a Classified.
Article 12 - Personal data protection
1. In application of the General Data Protection Regulation (GDPR), the following obligations form an integral part when publishing a Classified. In the event of a contradiction between the content of this Article 12 and the other articles of these General Terms and Conditions, this Article 12 takes precedence.
2. Transfer of personal data from the Client to Immoweb:
the Private Owner warrants that he has consent or other legitimate grounds for these data to be processed by Immoweb.
3. Transfer of personal data by Immoweb to the Private Owner:
As part of the service provided to the Private Owner, Immoweb may transfer the personal data of third parties to the Private Owner where such data is required to fulfil the requested service (for example, to enable the Private Owner to respond to a question from a third party concerning the property in a Classified).
Where personal data is transmitted to the Private Owner in this way, the Private Owner shall be the data controller pursuant to the General Data Protection Regulation and shall bear the following obligations:
- he may only use the data for the purposes for which they were transmitted to him by Immoweb. Any subsequent use incompatible with the original purpose is strictly prohibited.
Article 13 - Miscellaneous
- The Private Owner undertakes not to assign the rights and obligations wholly or in part to a third party without Immoweb’s prior written consent. The Private Owner remains severally and indivisibly liable for all obligations.
- Unless expressly provided otherwise, all notices addressed to either of the parties must, in order to be valid, be served by registered letter with acknowledgement of receipt and/or by email.
- The full or partial nullity, invalidity or non-enforceability of any one of the above provisions shall not invalidate as a whole. The provision in question alone shall be deemed to be non-existent and the Private Owner accepts that Immoweb shall replace this provision by another which, to the extent possible, serves the same purpose.
- The General Terms and Conditions are governed by Belgian law. Any dispute arising shall fall under the exclusive competence of the courts of Brussels. The courts of Brussels shall have competence for all disputes arising from or relating to these General Terms and Conditions. In the event of disputes, Immoweb may bring its claim either before the courts of Brussels or before those in the residence of the Private Owner.