Company name: PlanYourMove SA Head office: Bâtiment EPFL Innovation Park E, 1015 Lausanne Registration number in the Swiss commercial register: CHE-348.027.803 Customer service email: hello@sherlockhomes.ch
These general conditions of use (hereinafter: the “T & Cs”) apply to your use of the website https://sherlockhomes.ch and/or the WebApp (hereinafter collectively or individually: the “Site”) operated by PlanYourMove SA (hereinafter also: “we” or “Sherlock” or “PlanYourMove”) as well as to all the services and features (hereinafter jointly the “Services”) offered on the Site.
By using the Site, you fully understand and accept these T & Cs. We reserve the right, at our sole discretion, to amend all or part of these T & Cs at any time. In the event of modification of these T & Cs, your consent with the changes made will be requested from you from the first use of the Site since the modification either by email or by a message on the Site at our discretion. In case of refusal, you will no longer be able to use the Site.
You do not need to become a Registered User to access the https://sherlockhomes.ch website. However, if you do not register, some of the Services offered on the Site will not be accessible to you and you will only be able to view the public part of the Site, including the home page and the blog. You will therefore not be able to benefit from the features listed in art. 5, or use the property rental and search assistance.
However, you must comply with both these T & Cs and the Privacy Policy applicable to you. You do, however, need to become a Registered User in order to access the WebApp. We do not charge you a fee for becoming a Registered User of the Site and for using our Services. If you choose to become a Registered User of the Site, you agree to provide us with true, accurate and complete information about yourself, to maintain and update such data and to keep it accurate, failing which Sherlock cannot guarantee a optimal use of its Site and access to its Services (article 8 below).
In the event of non-acceptance, the Privacy Policy without sharing Personal Data with third parties is applicable and will be sent to you by email. In the event of refusal of the latter, you will no longer be able to access the Site and the Services of Sherlock and your profile and all the Data concerning you will be erased, subject to a legitimate interest of Sherlock.
By becoming a Registered User of the Site and creating a User Account, you can obtain assistance with renting and finding real estate throughout the process. The Site guides you according to the answers you give and offers you advice, services, checklists and reminders (in the form of notifications on the Site or by email). The Site allows you in particular:
To become a Registered User of the Site, you must create a User Account using your email (username), password and mobile phone number for security validation (double authentication).
If you are a Registered User of the Site, you are entirely responsible for maintaining the confidentiality of your password and your User Account information.
You agree to notify us immediately of any known or suspected unauthorized use of your User Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. . You are fully responsible for all activities that take place under your User Account.
If you do not comply with the T & Cs at all times, we reserve the right to suspend or deactivate your User Account without notice and without any compensation whatsoever being demanded. You can also deactivate your User Account, at any time, by requesting the deletion of your data by a request sent by registered mail to PlanYourMove SA Bâtiment EPFL Innovation Park E, 1015 Lausanne.
You acknowledge that you are solely responsible for all postings that you post, email or otherwise transmit to or by using the Site, including but not limited to your User Profile information. We do not control any postings posted, emailed or otherwise transmitted to the Site by third parties and, as such, we do not warrant the accuracy, integrity or quality of such postings. Under no circumstances will we be held responsible in any way whatsoever for postings (with the exception of the content we have produced), including but not limited to errors or omissions in postings or loss or damage of any kind. whether arising from the use of posted postings, transmitted by email or otherwise accessible through the Site.
You agree not to use the Site (including the Services offered on this Site) to:
You guarantee that you are the owner or validly hold in another capacity (for example, license) all the rights relating to your messages and the Content that you transmit to the Site (intellectual property rights) and that each person who could be represented in the images, photos and / or videos contained in your messages (if applicable) has expressly consented to the use of these images, photos and / or videos (image rights). You agree that we can fix, distribute, reproduce, translate, adapt, display and communicate to our Swiss Partners, by any useful means and on any media, any message / image that you have made available on the Site, at for commercial purposes insofar as the Applicable privacy policy provides for this. This consent, granted without financial compensation, is valid for Switzerland and without time limit. The list of Partners to whom data has been transmitted can be requested at any time by registered mail or by email to hello@sherlockhomes.ch . This consent can be revoked at any time by sending a registered letter addressed to PlanYourMove SA; however, you understand and take note that the damage caused by a possible withdrawal of the consent formed in untimely (for example if an advertising project has already been set up) may give rise to a claim for compensation from Sherlock.
By transmitting ad data to Sherlock or a partner of Sherlock, the customer authorizes Sherlock to place the corresponding ad on marketplaces as well as other online and offline Sherlock channels (e.g. e.g. at trade fairs) and on online and offline channels of Sherlock’s partners. However, there is no right to the publication of advertisements within the framework of these services.
Sherlock has the right at any time to interrupt, modify or entirely cease the publication of advertisements, for any reason whatsoever and without compensation. Similarly, Sherlock reserves the right to use the data relating to the advertisement for other purposes, whether for itself or for partners, for example in order to carry out statistics, or to publish them for another way, and for this purpose to record and process them.
The customer declares to expressly accept the direct or indirect transmission of the data relating to the advertisement necessary for the use of the partner services as well as the recording of this data in the database(s) of the partners and their use by the latter. Sherlock cannot guarantee the confidentiality, the tamper-proof nature and the authenticity of the customer data relating to the advertisement which is published by the partners.
Unless expressly agreed otherwise, the calculation of prices is based on the price list of PlanYourMove SA in force. PlanYourMove SA reserves the right to adapt prices at any time to changes in the market and/or prices. Unless expressly agreed otherwise, prices are net prices in Swiss francs, including VAT.
Depending on the PlanYourMove SA product or service, early payment under the payment terms offered by PlanYourMove SA is required; apart from this case, the payment period is ten days from the invoice date, unless a different payment period is agreed according to a separate agreement or a corresponding statement on the invoice. In the absence of payment within the payment period, the customer automatically falls into default. PlanYourMove SA may also refuse to perform its service and terminate the agreement immediately and without compensation, without having to issue a prior formal notice. Furthermore, if, during the term of the contract, payment is not made within the fixed period, PlanYourMove SA is entitled to block the customer’s access to his user account. Payment of all overdue invoices results in the lifting of the blockage. In this case, the customer cannot claim an extension of the duration of the contract in proportion to the duration of the blockage. On expiry of the payment period, the statutory default interest is due. A reminder fee of CHF 45.00 per reminder is payable in addition. The customer also bears the damage suffered by PlanYourMove SA due to the delay in payment and/or the termination of the agreement.
You agree not to use any process allowing to access, acquire, copy or control all or part of the Site (in particular but not exclusively robots, “page scrape”, “deep linking” or any other process or application that can be used for these purposes). You also agree not to reverse engineer, disassemble, decompile or alter in any way the Site or its Services, attempt to do so or provide assistance to a third party. this effect. You further agree not to remove or attempt to remove, or render partially or totally inoperative the technical protection devices of the courses and the integrated content (in particular but not exclusively any watermarks and blocking of selections).
Finally, you refrain from performing or attempting to perform any maneuver that is not provided for by the Site, its interface and its Services or from exploiting or attempting to exploit a security vulnerability that it has identified. Legal proceedings (civil and / or criminal) can be initiated in the event of violation of these prohibitions. Unless otherwise specified, we grant you a non-exclusive, non-transferable, time-limited right, free of charge, in Sherlock’s sole discretion, to use and display the Site and the materials therein for your personal use and not commercial, provided that you fully comply with the legal provisions, the Privacy policy and these T & Cs. You acknowledge that the Site may contain, in particular, but not exclusively, information, software, photos, videos, texts, graphics, music, sounds, creative suggestions, messages, comments, reactions, ideas, notes, drawings, articles and other documents (collectively, the “Content”) which are protected in particular by the federal law on copyright and related rights (LDA), the federal law against unfair competition (LCD) and by the applicable international instruments in the field of intellectual property. We also own a copyright in the selection, coordination, arrangement and improvement of such Content.
All trademarks appearing on the Site remain the exclusive property of their respective owners. “Sherlock” or “SherlockHomes” is the trading name of PlanYourMove SA. Our business partners and other third parties may have other proprietary rights in the Content they post on this Site. Unless expressly authorized in writing by Sherlock, you may not, including but not limited to, modify, publish, copy, transmit to third parties, distribute, exploit, perform, translate, reproduce, participate in the transfer or sale, create derivative works or exploit in any way, in whole or in part, the above Content (art. 1).
When the Content is downloaded to your computer, you do not acquire any ownership rights in it. Modification or use of the Content for any purpose other than use of the Site, including but not limited to, use of any Content in print or on any other website or networked computer environment is strictly prohibited, except prior express written permission of Sherlock. The printing of documents whose generation is permitted and authorized by the Site, such as checklists and / or standard letters (termination, change of address) is excepted.
You acknowledge that you have a compatible and sufficient computer configuration with regard to the technical requirements of the Site and our Services and acknowledge that Sherlock cannot be held liable in any way in this regard. To the fullest extent permitted by law, Sherlock expressly excludes all liability or warranties of any kind, express or implied, in connection with the Site. Thus, we do not guarantee, in particular but not exclusively, the accuracy, the uninterrupted availability, the functionality or the absence of viruses, failures or errors on the Site. At our sole discretion and without notice or liability, we may interrupt, modify or alter any aspect of the Site, including but not limited to,
Access may also be suspended, in particular, but not exclusively, in the event of technical damage or maintenance operations. In this regard, you waive in advance and unconditionally to hold Sherlock liable for any damage, direct or indirect, resulting from the use of the Site and/or our Services. Any material downloaded or obtained through the use of or through the Site is done so at your option and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such documents. Sherlock may also terminate the operation of all or part of the Site and its Services. Sherlock thus reserves the right to suspend or terminate the Site and the Services at any time, without its liability being incurred in this respect towards you or towards other third parties.
To the extent possible, Sherlock will notify you in advance of any suspension or termination of the Site and the Services. Sherlock makes available to the User and Registered User a number of hypertext links to sites administered by third parties, it being specified that we are not responsible for the content, accuracy, opinions expressed or policies of confidentiality of the sites that we list. The inclusion of a link does not imply that Sherlock approves or endorses the third-party website. The visit to the linked sites is done under the full responsibility and at the risk and peril of the User or the registered User.
In addition, we may provide, or third parties may provide, links to other websites or content such as advertisements. You acknowledge and agree that we are not responsible for the availability of such external sites and that we are not responsible for the content, advertising, products or any other material available on or from such sites. Further, you acknowledge and agree that under no circumstances will we be liable, directly or indirectly, for any loss or damage caused to you or which is alleged to have been caused to you in connection with the use or The trust you place in any content, advertisement, product or other resource available on any other website. You should contact the administrator or webmaster of the site concerned with any questions relating to any other website, but without warranty of any kind whatsoever as to the content and material of this website.
The information published on the Site and all models as well as any other type of document does not in any way constitute legal or other advice. If a legal question, for example, should arise during the termination of your lease or your rental of real estate, please consult a professional.
In general, PlanYourMove SA excludes its liability for any reason whatsoever, for any damage alleged directly or indirectly with the use of the Site and / or its Services, to the full extent provided for by law (art. 100 CO). In particular, but not exclusively, damages related to checklists and FAQs are concerned.
You agree in advance to compensate, to relieve any conviction, to exonerate, to release from any liability and / or, at our option, to defend PlanYourMove SA (including our managers, directors, employees, shareholders, agents, representatives and their representatives) in the context of any claims or legal actions of third parties resulting from your misuse of this Site, and / or your violation of these T & Cs and / or the privacy policy, and / or any infringement in connection with the Site and its Services, and / or the infringement or use by any other User or Registered User of your Registered Account, and / or any infringement related to Property rights intellectual property, and / or the law or any right of any third party. In such circumstances, you thus agree to indemnify PlanYourMove SA for any loss, third party claims and / or costs, including reasonable legal fees.
If one of the provisions of these T & Cs should be held to be illegal, void or otherwise unenforceable for any reason whatsoever, the provision concerned must be amended to allow its application and the invalidity or inapplicability of this provision will not affect in no way the validity or applicability of the other provisions of the T & Cs. If any provision of the T & Cs should be invalidated by a court, only the provision in question will be amended and the other provisions will remain in full force. Sherlock’s failure to enforce or exercise any right or provision of these TOS shall not constitute a waiver of such right or provision. Nous pouvons céder nos droits et obligations en vertu des présentes CGU. These T & Cs apply for the benefit of our successors, assigns and licensees.
In the event of a dispute or disagreement arising between Sherlock and the User in connection with these T&Cs, including their interpretation, the Parties undertake to do their best to find an amicable agreement. Failing agreement, the Parties undertake to settle any dispute through mediation. The seat of the mediation is in Lausanne and only Swiss law is applicable. As a result, the Parties refrain from entering any legal proceedings before having attempted this alternative method of conflict resolution. In the event that Sherlock’s important interests are at stake, the latter reserves the right to act before the ordinary courts by means of a request for superprovisional or provisional measures without having to act by way of prior mediation.
Les présentes CGU sont rédigées en plusieurs langues. These T & Cs are written in several languages. These T & Cs are subject to Swiss law alone. Any conflict directly or indirectly related to the T & Cs will be governed by Swiss law alone, with the exception of the rules on conflict of laws. Disputes arising, directly or indirectly, from the T & Cs come under the sole jurisdiction of the ordinary courts of Lausanne, recourse to the Federal Court being reserved.
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