Wetipi operates an online platform for real estate service oriented services (e.g. brokerage, installment plan, facility service, etc.) (hereinafter “Services”). In addition, the platform enables visitors to conclude a rental agreement for the properties available and deposited on the platform.
These General Terms and Conditions (hereinafter “GTC”) – together with the information provided by you in the context of the order as well as the offer of wetipi – constitute the contract between wetipi and you on the provision of the Services and the use of the online platform. By clicking the checkbox [“I have read and agree to the Terms and Conditions.”], you declare that you have read, understood and accepted the Terms and Conditions.
If you conclude the contract on behalf of your employer or another company, you declare and warrant that you are authorized to represent the company in question and to conclude the contract with wetipi including these GTC on behalf of this company. Wetipi may assume that you have the appropriate authorization, irrespective of the internal regulations or circumstances of the company concerned and entries in the commercial register and without further verification of the authorization. Whenever these GTC refer to “you”, “you” or the like, this always refers to the company for which you are acting.
To use the online platform, visitors to the platform must register as users by truthfully providing the requested personal data. Natural persons are only permitted to register if they are at least 18 years old and have unlimited legal capacity. Legal entities may only be registered by their authorized representatives. Registration is mandatory with a clear name and full address. Multiple registrations are not permitted. There is no legal claim to registration. Wetipi may, at its sole discretion, refuse registration without giving reasons and terminate the right to use the platform.
After registration on the platform, wetipi will send a confirmation email to the email address provided by the user. Only by confirming the activation link in the email the registration is completed.
Registration with incorrect data is not permitted and may lead to exclusion from the platform. Wetipi reserves the right to delete registrations created with one-time email addresses (so-called “disposable email addresses”) as well as registrations that have not been activated within four months after creation without prior notice.
Users of the platform are obliged to keep the information provided during registration up to date at all times.
Users of the platform choose a password for the registered account during registration. Users of the platform are obliged to ensure that this password is not made accessible to third parties. Each user of the platform is responsible for all actions taken via his account. Users of the platform are obliged to notify wetipi immediately of any knowledge of their password by third parties and of any misuse of their account.
Conclusion of the contract
Based on the data you provide to wetipi (e.g. addresses, rent, size of the apartment, etc.) wetipi will create a matching offer and send it to you. The offer is valid for a period of 14 working days. You are not obliged to accept the offer. No obligations arise from an offer that you do not proactively accept.
The contract is concluded when you accept wetipi’s offer. Alternatively, a contract can also be concluded by e-mail or by telephone. The relevant telephone conversation will be recorded after prior notice and with your consent.
The conclusion of the contract takes place between the responsible real estate company and you directly. For the provision of possible financing services wetipi consults a company. There is no contractual relationship between this partner company and you. Accordingly, the remuneration for the agreed services is owed to wetipi and wetipi is your main contact before, during and after the provision of services.
The client alone is responsible for the correctness, completeness and up-to-dateness of the information made available about the real estate objects – also during the term of the rental agreements. This applies irrespective of the adequacy as well as plausibility and conclusiveness check carried out by wetipi in the context of the preparation of the offer. The technical provision of information on the platform and during the preparation of the offer as well as the possibility of concluding a contract via the platform do not constitute a recommendation or advice as well as legal or tax advice by wetipi. Users are advised to obtain economic, tax and legal advice, in particular from a lawyer and tax advisor, before concluding any contracts.
Users who have decided to conclude (rental) contracts submit the binding acceptance of the offer to conclude via the platform.
The use of the platform is free of charge for visitors, users and third parties.
Any kind of comments, information and documents within the framework of the platform or the associated blogs that violate applicable laws or are otherwise inappropriate, in particular racist, pornographic, offensive or immoral content, are not permitted. Violations of this provision may result in the Platform User being liable for damages, the deletion of the affected posts and/or the immediate exclusion of the Platform User from further use of the Platform.
In case of indications of misuse of the platform, in particular in case of contracts concluded via the platform without fulfillment of the payment obligations resulting from the respective contracts, wetipi reserves the right to exclude the user from the use of the platform with immediate effect and to pursue the debtor claims.
Liability of wetipi
The online platform and its contents and applications are created and maintained with the greatest possible care. However, wetipi does not assume any warranty or liability for the accuracy, completeness and timeliness of the contents as well as for the availability and correct functioning of the online platform and its applications. In particular, errors in the description of the services offered and their prices are reserved.
Wetipi also assumes no liability for the use of the online platform and its contents and applications. The information and matches on the online platform are not intended to be comprehensive or conclusive statements on the subject in question, do not constitute advice, and accordingly may not be regarded as a substitute for specific advice on a concrete individual case. In addition, they may only represent the opinion of the respective author and not of wetipi.
Furthermore, liability for the contents as well as for the availability and correct functioning of the websites or online portals of third parties, which are referred to via links or in any other way or which refer to the online platform, is excluded. The contents of the websites or online portals of third parties are third-party contents over which wetipi has no influence and for which wetipi is not responsible.
Wetipi also assumes no liability for damages caused by viruses, hacker attacks or other manipulations of your device by unauthorized third parties. No liability is assumed for the security of the transmission of data via the Internet.
Wetipi shall be liable to the user/investor without limitation for injury to life, limb or health and for damages resulting from the intentional or grossly negligent breach of its contractual obligations under the online contract.
Furthermore, wetipi shall only be liable for slight negligence in case of breach of material contractual obligations, i.e. the breach of obligations the fulfillment of which is essential for the proper performance of the online contract and on the compliance with which the contractual partner may regularly rely (“cardinal obligation”). In the event of a slightly negligent breach of a cardinal obligation, wetipi’s liability shall be limited to such typical damages and/or such typical extent of damages that were foreseeable at the time of the conclusion of the contract.
The above limitations of liability shall also apply in case of fault of a vicarious agent of wetipi as well as to the personal liability of employees, representatives and organs of wetipi.
The registration on the online platform is for an indefinite period of time and can be terminated by wetipi and the registered user of the platform in principle with a notice period of five (5) business days. The termination must be in text form (e.g. email, fax, letter); the registered user of the platform may terminate his registration, for example, by sending an email to firstname.lastname@example.org.
The right to terminate for cause remains unaffected.
Availability of the platform
Wetipi strives for a comprehensive availability of the platform within the scope of what is technically and economically reasonable. However, a claim to availability at all times cannot be granted to users of the platform for technical reasons. In particular, maintenance, security or capacity reasons as well as events beyond the control of wetipi may lead to the temporary discontinuation of the services offered and the accessibility of the platform. wetipi assumes no liability for technical difficulties of the users of the platform or of third parties. wetipi reserves the right to temporarily restrict access to the platform at any time if this is necessary with regard to capacity limits, the security of wetipi’s systems, to implement technical measures or for any other important reason.
Data protection, confidentiality
The collection, processing and use of personal data carried out in the course of registration is carried out in strict compliance with data protection regulations. More detailed information on this can be found in the data protection information under data protection, available at https://wetipi.com/en/privacy-policy.
Users of the platform or tenants and real estate companies must treat the contents of the concluded (rental) contracts confidentially. Information about real estate companies and real estate objects shall only be used for the purposes pursued with the platform and stated in these GTC.
Wetipi shall make the data provided by users/companies available to other visitors/users/companies only to the extent that the user of the platform has given his consent and the data does not violate any legal provisions or the GTC. Wetipi reserves the right to randomly check the data and/or information and documents of users of the platform.
Conditions for the use of the online platform
In order to use the online platform and the services offered via it, you must create a customer account (registration). The information required for this must be complete and correct.
You are responsible for the access data to the customer account (login) and the associated passwords. This data must be stored carefully, protected from unauthorized access by third parties and not disclosed to unauthorized third parties. In case of loss of data, wetipi must be notified immediately. Any liability of wetipi is excluded.
You are obliged to keep your contract, billing and e-mail address in the customer account up to date at all times. The e-mail address provided by you and stored in the customer account is considered the primary delivery address. Accordingly, wetipi will send you contract-relevant information (e.g. invoices, reminders, changes in services and/or contract terms, etc.) as a rule to this e-mail address or will make this information available to you in another suitable way (e.g. in the customer account). Information transmitted or made available in such a manner shall be deemed to have been validly delivered.
If you wish to delete your customer account, you may contact wetipi.
All intellectual property rights to the contents of the online platform and its applications (texts, trademarks, images, videos, layout, etc.) are held by wetipi or the respective authorized third parties. All rights are reserved. Use of any kind without prior express consent is prohibited. The quotation under correct source information as well as the setting of links to the online platform is permitted.
The transfer of the contract or the assignment or transfer of rights, obligations or claims arising therefrom requires the written consent of wetipi.
Amendments and supplements to the contract concluded between wetipi and you, including these GTC and any ancillary agreements, must be made in writing. This also applies to any amendment of this written form requirement.
Wetipi reserves the right to change these GTC with effect for the future, even without stating reasons. Existing contracts remain unaffected by such a change.
If any provision of these GTC or any ancillary agreements is invalid or ineffective in whole or in part, the validity and effectiveness of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid or ineffective provision with a provision that comes closest to the economic objective of the parties. The same shall also apply in the event of any gaps in the contract.
Applicable law and place of jurisdiction
The contract between wetipi and you is subject to Swiss law. The exclusive place of jurisdiction is Zurich. Mandatory places of jurisdiction (e.g. for consumers the place of jurisdiction at their domicile according to Art. 32 ZPO) remain reserved.
Last updated 01.05.2021 in Steinhausen, Switzerland.