Status: 15.01.2024
1. general
- flamengo.immo GmbH (hereinafter also referred to as the "software provider") operates a platform via https://app.flamengo.immo on which interested parties can arrange viewing appointments for properties to be purchased or rented (condominiums, entire properties, etc.) (hereinafter also referred to as the "platform"). In addition, access to these properties is managed via the platform so that interested parties can view the respective properties independently without the physical presence of another person.
- These terms of use apply to the use of the platform by interested parties (hereinafter also referred to as "users").
2. scope of services and changes to services
- The Software Provider shall make the Platform available to the User for use via the Internet (SaaS - Software as a Service). The software provider grants the user a limited, simple, non-exclusive, non-transferable and non-sublicensable license for access and non-commercial use of the platform, limited to the term of this agreement. The user is not granted any further rights to the platform.
- The scope of services results from these Terms of Use and the respective available functions of the platform. The software provider reserves the right to extend, restrict or improve the range of services or the terms of use of the platform. The software provider reserves the right to restrict its services and exclude users from further use of the platform, particularly in the event of disproportionate use by individual users. This constitutes an important reason for termination.
- The router output of the platform's hosting provider is defined as the transfer point for the user's use of the platform. The user is responsible for the user's Internet connection, its maintenance, sufficient speed and the hardware and software requirements to be met (this applies in particular to web browsers, which must be within the support lifecycle of the respective manufacturer, as well as the hardware equipment required for their operation).
- The platform is generally available to the user 24 hours a day, 7 days a week. The Software Provider does not promise a specific average annual availability. The Software Provider shall make every effort to ensure normal availability.
- The software provider is entitled to temporarily restrict access to and the performance of the platform if this is necessary for maintenance work, updates, security and system integrity.
- Any services over and above those specified in these terms of use must be agreed with the software provider in detail and, if necessary, remunerated. This applies in particular to consulting, training measures, support services, etc..
3. support
The software provider does not provide any kind of support.
4. user fees
Use of the platform is free of charge for users.
5 User obligations and intellectual property
- The user must ensure that he has a sufficiently fast and stable Internet connection and a current version of a common Internet browser (an Internet browser used by at least 1% of Internet users) to use the software. The Internet browser must have all updates and must support Javascript.
- The user shall keep his account and the relevant identification and authentication features secret, protect them from unauthorized third parties and not pass them on to third parties. Furthermore, when selecting identification and authentication features, the user must ensure that these correspond to the state of the art (e.g. length and complexity of a password).
- The user is liable for the misuse or unauthorized use of the identification and authentication features if the misuse or unauthorized use is attributable to the user. In addition, the user must inform the software provider immediately if he/she becomes aware or should become aware of any misuse or unauthorized use.
- The user undertakes to provide correct and complete information on the platform. He may not use a false e-mail address, impersonate any other person or company or otherwise misrepresent his person or intentions.
- The user may not misuse the platform, only to the extent permitted by law and only for the purposes for which the platform is available.
- All content made available on the platform, such as texts, logos, images/graphics, is the intellectual property of the software provider or of third parties who supply content or make it available on the platform. Users may not exploit this intellectual property or parts thereof without express written consent, and in particular may not use it for their own commercial purposes. Furthermore, users may not use data mining, robots or similar data collection and extraction programs to extract the intellectual property of the software provider or parts thereof for reuse, or create and/or publish their own database with the content of the platform that contains significant parts of the above-mentioned intellectual property.
- If the user visits a property, they must comply with all the requirements communicated on the platform. In particular, the user must work through the checklist before leaving the property and follow all the instructions listed therein. The user is liable for any damage caused to the software provider, the insurance broker involved or the owner or person authorized to dispose of the property as a result of non-compliance with the instructions, such as damage caused by windows or doors left open.
6 Contract term and termination of the contract
- The contractual relationship is concluded for an indefinite period.
- The contracting parties are entitled to terminate this contract in writing at the end of each calendar month, subject to a one-week notice period, unless a different minimum contract term has been agreed.
- Both contracting parties reserve the right to extraordinary termination for good cause. Good cause includes, but is not limited to, repeated breach of contractual obligations.
- Use of the platform beyond the end of the notice period is not permitted.
7 Liability and warranty
- The user acknowledges that the software provider does not check the respective properties and the data entered in this regard. It is therefore the responsibility of the user to verify the respective properties and their owners or persons authorized to dispose of them. Any liability of the software provider for incorrect information on the platform is excluded if the software provider neither knew nor should have known of the incorrect information.
8. legal consequences of a breach of these terms of use
If a user violates these terms of use, the software provider is entitled to exclude the user from future use of the platform.
9. transfer of rights and obligations
Any assignment of rights and obligations arising from this contractual relationship is only permitted to the user with the written consent of the software provider. The software provider is entitled to transfer its rights and obligations arising from the contractual relationship in question or the entire contractual relationship to third parties. The user agrees to this transfer upon conclusion of the contractual relationship. The intended transfer must be notified to the Creator at least 14 days before the transfer.
10. final provisions
- The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr The software provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
- Austrian substantive law shall apply to the exclusion of its conflict of law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
- Amendments or additions to these Terms of Use must be made in writing. This also applies to changes to the written form requirement.
- The contract language is German.
