1 Scope and terms
The following General Terms and Conditions (GTC) govern the legal relationships between the user of Neubauprojekte.ch & Erstbezug.ch and other websites of Neubau Portal AG (hereinafter referred to as "NBPAG"). These GTC apply to any use of the thematic and real estate platforms, in particular to the posting and retrieval of advertisements and the posting and retrieval of other offers on the platforms.
Terms User: Users are all visitors and users of the real estate platform, in particular advertisers and inquirers. Advertisers: In addition to the providers who place advertisements, advertisers are also referred to as other providers of offers on the real estate platform, e.g., providers of financial services. Corporate customers and private customers: Corporate customers are advertisers who are companies and/or professional providers of rental and sales offers or advertisers in the company directory. Private individuals who do not meet these requirements and place advertisements on the portals are referred to as private customers. Inquirers: Inquirers are those interested in the advertisers' offers. Neubauprojekte.ch & Erstbezug.ch / Neubau Portal AG is referred to below as this company and is not to be subsumed under any of the terms "users", "advertisers", "corporate customers" and "inquirers".
2 Services offered in the thematic and real estate platforms
On the thematic and real estate platforms, advertisers can post offers, and prospective buyers can search for them. Rental or sales offers for real estate on the portals, as well as company presentations in the company directory, are permitted as advertisements. The term "real estate" is to be understood in a broad sense and includes, in particular, land, building land, parking spaces, houses, apartments, and furnished apartments. In addition, NBPAG provides certain of its own content and information on the thematic and real estate platforms (e.g., information on real estate, furnishings, and financial services), the subject matter and scope of which may change over time. It is always clear that this content and information originates from NBPAG. All other content and offers on the thematic and real estate platforms originate from the advertisers and advertising clients and not from NBPAG. All rights to the software and other works, services, processes, equipment, designs, technologies, trademarks, companies, inventions, and all materials in any way related to the theme and real estate platforms, and in particular to the proprietary content and information provided by NBPAG, remain with NBPAG or its suppliers. The theme and real estate platform and the proprietary content and information provided by NBPAG are made available to users for their own private use. Any further use, in particular the republication or making available of the proprietary content and information provided by NBPAG on the Internet, is prohibited. Likewise, any further use of the advertisers' offers and advertisements is reserved solely for the advertisers, unless otherwise stated in these Terms and Conditions. Any business transactions between inquirers regarding offers from advertisers on the thematic and real estate platforms (in particular regarding real estate advertisements and company presentations published by advertisers on the platform) are concluded exclusively between the advertiser and the inquirer.
3 Access to the range of services
Technical access to the thematic and real estate platforms is provided via providers selected by the user and special software obtained from third parties via the Internet. NBPAG is not responsible for this. Parts of the service offering are only accessible after prior registration or identification of the user. Users register using a user ID and password, which they use to identify themselves upon login.
4 Change, interruption and discontinuation of the thematic and real estate portals
NBPAG reserves the right to adapt the online offering to technical innovations or to change it due to other circumstances. Such changes can be implemented by NBPAG at any time. The online offering is generally available 24 hours a day. However, NBPAG cannot guarantee minimum availability. NBPAG reserves the right to discontinue the online offering in whole or in part. In particular, if there is suspicion of non-contractual, illegal, or immoral use of the online offering by the advertiser, NBPAG may delete the relevant content and accounts without notice and without stating reasons. In particular, in the event of changes, interruptions, discontinuation of the online offering, and deletion of content, the customer has no right to withdraw from the contract and/or to demand a reduction or refund of fees or compensation.
5 Duration/Termination of the real estate advertisement contract by the real estate marketer
The online real estate advertisement contract is concluded between the advertiser and NBPAG. Real estate advertisements are published for a predetermined term and are not automatically renewed. Other written advertising agreements between NBPAG and a client are excluded from this contract, in particular subscriptions to project slots.
5a. Duration/Termination of the company entry
The online company advertisement contract is concluded between the advertiser and NBPAG. Company publications are published for the predetermined term and are not automatically renewed. Other written advertising agreements between NBPAG and a client are excluded.
6 Placing advertisements for «Real Estate»
The private or corporate customer, or their authorized agent, submits the online advertisement electronically. Images, logos, or full templates are submitted online as GIF, PNG, or JPG image files.
Ownership of the texts, works, and images (e.g., photos, plans, films, etc.) provided by the advertiser remains with the advertiser. The advertiser grants the "go-to-print" approval upon submission of the advertisement. NBPAG reserves the right to request changes to the advertisement content at any time or to reject or delete advertisements without stating reasons. In particular, advertisements that do not relate to a specific offer, but are merely offers by the advertiser that link to other sources, as well as advertisements that, at NBPAG's discretion, are considered illegal or violate the rights of third parties, will not be published. The advertiser or agent authorizes NBPAG to integrate the advertisements into the thematic and real estate platforms as well as into the services of its contractual partners, to use them for its own purposes, or to otherwise publish and edit them for this purpose.
6a. Placing advertisements «Company entry»
The private or corporate customer, or their authorized agent, submits the online advertisement electronically. Images, logos, or full templates are submitted online as GIF, PNG, or JPG image files.
Ownership of the texts, works, and images (e.g., photos, plans, films, etc.) provided by the advertiser remains with the advertiser. The advertiser grants the "go-to-print" approval upon submission of the advertisement. NBPAG reserves the right to request changes to the advertisement content at any time or to reject or delete advertisements without stating reasons. In particular, advertisements that do not relate to a specific offer, but are merely offers by the advertiser that link to other sources, as well as advertisements that, at NBPAG's discretion, are considered illegal or violate the rights of third parties, will not be published. The advertiser or agent authorizes NBPAG to integrate the advertisements into the thematic and real estate platforms as well as into the services of its contractual partners, to use them for its own purposes, or to otherwise publish and edit them for this purpose.
7 Responsibility for the content of advertisements; further obligations of users
The user is responsible for their conduct, the content of their advertisements and offers, and for all other data they provide. They guarantee, in particular, the legality, accuracy, and timeliness of this data. The user is responsible for the confidential storage of their user data and for all activities conducted via their access. The user is particularly obligated to treat the usernames and passwords assigned to them confidentially and not to make them accessible, or only to authorized persons within the company. The user is liable for damages if the usernames and passwords assigned to them are misused.
The user is liable to NBPAG, its executive bodies, employees, and auxiliary personnel for all damages caused in connection with the use of the thematic and real estate platforms, regardless of fault. Should NBPAG, its executive bodies, employees, or auxiliary personnel be sued by third parties or authorities as a result of the user's conduct or in connection with the advertisements, the user shall indemnify NBPAG, its executive bodies, employees, or auxiliary personnel from all third-party claims and assume all legal and extrajudicial costs incurred. The user is obligated to participate in legal proceedings after notice of third party has been given.
8 Exclusion of warranty and liability
Any warranty and liability of NBPAG, its executive bodies, employees, and auxiliary persons is excluded to the extent permitted by law. In particular, the warranty and liability excludes the availability, service quality, accuracy, and completeness of the thematic and real estate platforms and their content, for damages arising in connection with the use of the access by anyone other than the person named in the registration, and for unlawful and immoral behavior by users and third parties. In particular, any liability of NBPAG for damages to the user's end device, data, and software is excluded. Traffic occurs via an open network, the Internet. Any warranty and liability of NBPAG is also excluded with regard to any software supplied by NBPAG, as well as for the consequences arising from and during the transport of the software via the Internet. In particular, NBPAG's liability for indirect and consequential damages, such as lost profits or claims by third parties, is generally excluded.
9 Risks
Due to the encryption used, it is fundamentally impossible for unauthorized persons to view confidential data. However, even with state-of-the-art security precautions on both the theme and real estate platforms and the users' side, absolute security cannot be guaranteed. The user's device or network interacts with the systems of the theme and real estate platforms as part of the system, but is outside of NBPAG's control, and the user's device or network, in particular, can become a weak point in the system.
The user acknowledges in particular the following risks:
Insufficient system knowledge and inadequate security precautions can facilitate unauthorized access (e.g., inadequately protected data storage on the hard drive). There is a constant risk that computer viruses will spread on the computer whenever there is contact with the outside world, be it via computer networks (e.g., the Internet) or floppy disks. The use of anti-virus programs can reduce this risk and is recommended. It is the user's responsibility to familiarize themselves with the necessary security precautions.
It is important that the user only works with software from a trusted source.
It is possible that a third party may gain unnoticed access to the user's computer while using the Internet.
The operational readiness of the Internet cannot be guaranteed. In particular, transmission errors, technical defects, disruptions, illegal interference with network facilities, network overload, deliberate blocking of electronic access by third parties, interruptions, or other deficiencies on the part of the network operators may occur.
10 Foreign Laws/Import and Export Restrictions
The user acknowledges that by using the thematic and real estate platforms and the offers contained therein from abroad, they may violate the provisions of foreign law. It is the user's responsibility to inform themselves about this. NBPAG disclaims all liability in this regard. If the user uses the thematic and real estate platforms from abroad, they are particularly aware that there may be import and export restrictions on the encryption algorithms, which they may violate if they use the platform from abroad.
11 Datenschutz
NBPAG collects data only to the extent necessary and handles it carefully. NBPAG complies with the provisions of data protection law, but cannot fully guarantee the confidentiality, integrity, authenticity, and availability of personal data. The advertiser or user acknowledges and agrees that personal data may also be accessed in countries that lack legislation guaranteeing adequate data protection. When a user accesses personal data (including access from abroad) and processes it, the user in question is responsible for compliance with data protection regulations. The storage of data on data media, etc., must be handled restrictively; printouts must be treated confidentially; unnecessary personal data must be deleted immediately, etc. Advertisers are advised that all users have access to the advertisements posted and to the data transmitted to them by the advertisers or other users. The advertiser agrees that NBPAG may distribute the advertisements through other channels (e.g., social media channels, apps, or mobile portals). The advertiser agrees that the advertisements placed by them are not freely available to third parties. The advertiser specifically prohibits third parties from transferring advertisements to other online services and grants NBPAG the right to pursue any kind of exploitation of the advertisements and offers.
The complete data protection regulations of NBPAG can be found at any time on the website https://www.neubauprojekte.ch/datenschutzbestimmungen/.
12 objects
In the Properties section, we present real estate listings with the attribute "New Construction/First Occupancy." The data is searched from all real estate platforms using modern crawler technology and published on our site. Always with the corresponding source reference. Neubau Portal AG assumes no liability for incorrect information or listings.
13 Premium Subscription (New Building Info Service)
The purchaser of a "Premium Subscription" offered by Neubau Portal AG confirms that the information obtained through this subscription will be used solely for private purposes and will not be shared with third parties. The data obtained through the subscription may not be used for any commercial purposes. The user is aware that using the data for commercial purposes constitutes a criminal offense. Neubau Portal AG reserves the right to deactivate the affected access and cancel the subscription without notice. In this case, the subscriber is not entitled to compensation for the subscription.
Furthermore, the subscriber agrees that his data may be used by Neubau Portal AG for marketing purposes.
The subscriber further acknowledges that Neubau Portal AG cannot guarantee that the projects listed will actually be sold or leased later. Neubau Portal AG assumes no liability for incorrect information or offers.
Subscriptions expire after the respective term and are not automatically renewed.
14 Use of cookies and tracking systems
The advertiser/user acknowledges the use of cookies and tracking systems described below and, by using this website, agrees to the described manner and for the stated purpose.
NBPAG uses:
on the one hand, cookies for optimising the platform and determining page views,
on the other hand, tracking systems to improve the offer.
NBPAG reserves the right to use tracking systems other than those mentioned and to list them below.
14.a Use of cookies
Cookies are anonymized text files stored on the user's device. They do not contain any personal data.
Cookies werden zu folgenden Zwecken verwendet:
for statistical purposes.
for the automatic login of registered users, if the interested party/user requests this when registering.
to display content and advertising according to the interests of the advertiser/user.
The advertiser/user can prevent the placement of cookies in their respective browser settings. However, NBPAG points out that in this case, not all functions of the thematic and real estate platforms may be fully available to the advertiser/user.
14.a.1 Third-party cookies
In order to provide a platform to its advertisers/users, NBPAG relies, among other things, on the display of advertisements. NBPAG thus allows selected partners to place advertisements on the website.
In this context, by targeting the advertiser/user with advertising, additional cookies (third-party cookies) may be placed on the user's device. This placement can also be prevented in the respective browser settings.
14.b Use of tracking systems
To improve its services, NBPAG collects tracking data that provides information about website usage. Tracking data does not contain any personal information. NBPAG uses the following tracking systems:
Google Analytics (the web analytics service provided by Google Inc.).
NET-Metrix (the web analysis service of the advertising research company WEMF Schweiz AG).
Through the use of such tracking systems, the above-mentioned providers also use cookies. The information generated about the behavior and use of NBPAG (including the IP addresses of the advertiser/user) is transmitted and stored on a central server of the providers (for Google Analytics in the USA; for NET-Metrix in Germany by Spring GmbH). This information may also be transferred to third parties if required by law or if third parties process this data on behalf of the aforementioned web analysis services. Under no circumstances will the IP address of the advertiser/user be associated with other data from these web analysis services.
Tracking data is used for the following purposes:
For statistical purposes.
To compile reports on the activities of the thematic and real estate platforms.
To provide additional services, including the analysis of individual events on the existing website.
The advertiser/user can prevent the placement of cookies in their respective browser settings. However, NBPAG points out that in this case, not all functions of the platform may be fully available to the user/advertiser.
15 YouTube API
We use YouTube services on some of our platforms. You can find the YouTube Terms of Use here: https://www.youtube.com/t/terms
16 Changes to Terms and Conditions
NBPAG reserves the right to adapt these Terms and Conditions for future transactions at any time. The current version published online applies between the user and NBPAG. Changes to prices and conditions take effect simultaneously for all advertisers and also apply to ongoing real estate advertisement orders, company advertisement orders, and subscriptions to the NeubauInfo service. However, the advertiser has the right to terminate the respective order by giving notice of termination without notice by registered letter within two weeks of a price increase affecting them. In this case, the remuneration owed by the advertiser will be calculated based on the previous price, pro rata temporis, to the date of receipt of the notice of termination.
17 General terms and conditions of third parties
Parts of the thematic and real estate platforms and certain services are not provided by NBPAG itself. The terms and conditions of the respective providers apply to the use of these services.
18 Partial invalidity
Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. In this case, the contracting parties undertake to replace the invalid provision with a provision that most closely approximates the economic intent of the invalid provision.
19 Governing Law and Jurisdiction
The place of jurisdiction is Lucerne. However, NBPAG is also authorized to assert its rights at the user's domicile or registered office or before any other competent authority. Swiss substantive law applies. These Terms and Conditions were last amended on March 16, 2020. Reproduction or distribution without prior written permission is prohibited. All rights reserved.