Summary for the Non Legal

1. The decision to choose or select one tenant over an other is with agencies, not with Immodating SA which acts as an intermediary.

2. You are responsible and required to submit accurate information in your rental application.

3. We set up solid security systems but you are responsible for your access data.

Note that this summary is provided without any warranty, only the formal text that follows is legally binding.

Terms of Use

Thank you for visiting the website of Immodating SA, as well as the use of our application services (collectively, the “Site”). Please read these Terms of Use (“Terms”). By accessing the Site, you signify your agreement to be bound by – and your understanding – Conditions. If you were not to accept our Terms, please do not access the Site.
Immodating reserves the right to change the Terms without notice at any time. Remember to check this page periodically to be aware of changes to these Terms. The version published on the site when determining applies as between you and Immodating.
In the Terms, the terms ‘we’, ‘our’ and ‘Immodating’ refer to Immodating SA. ‘You’ and ‘your’ refer to anyone using or accessing the Site.
The terms of these conditions do not affect the provisions of any contract you may have with us and, if necessary, prevail on such terms. In particular, relations between the governed and Immodating are governed by separate contracts.

A. Age

You must be 18 years or more to use our site and you will save. By accepting these Terms you agree to be over 18 years.

B. Privacy Protection and personal data – Security of e-mails

As part of the input and processing of personal data, Immodating is subject to Swiss legislation on data protection. For more information, please see our Privacy Policy for privacy and personal data which is part of the Terms.
When you contact Immodating by email, you must bear in mind that protection of email messages sent over the Internet is not guaranteed. Therefore, by sending e-mail messages which are confidential, are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality of the Internet.

C. Position of Intermediary of Immodating

Your attention is drawn to the fact qu’Immodating is limited to providing you with tools to help you especially to interact with certain boards or some other service, access to their offers and / or can be submit an electronic application file destined for one or more board (s) partner (s) Immodating. Therefore, Immodating is only an intermediary. Any transactions executed using the Site are solely between you and the governed, respectively, other service providers. Immodating is especially not responsible for the criteria relied upon – and the result – the selection of tenants. Any liability of Immodating is excluded in this regard.

D. Accuracy, completeness and timeliness of information

We implement all reasonable efforts to ensure that the information contained on this Site are accurate and complete. We assume no responsibility if the information made available on the Site are not accurate or complete. Any reliance upon the materials on the Site will be at your own risk. You agree that it is your responsibility to keep you informed of any changes to the content of the Site. Any liability of Immodating is excluded in this regard.

E. Solvability Certificate

The CRIF AG, Riesbachstrasse 61, 8008 Zurich (“CRIF”) offers candidates interested to conduct an analysis of their solvability in the form of a certificate (the “Certificate”) which can be transmitted to agencies for the purpose of supporting their rental application. The price and payment Certificate are those displayed on the Site. By ordering a certificate, you agree to the terms of this article.

E.1. Certificates that are transmitted by Immodating are ordered directly from CRIF. The latter provides, in the form of summary reports, data from different sources relating to the solvency of natural or legal persons. Immodating only grants (and charges) Certificates when those are available in the database of CRIF and those who displays a positive solvency (indicator “green”). The reports provided by CRIF are transmitted as is to the agencies, without modification, which you agree upon. Since we are not able to verify their identity, candidates who are certified are given a simplified version of the report.

E.2. Immodating disclaims any liability in connection with the Certificates or their content. We do not guarantee in particular that the data contained in the Certificates are accurate, have been audited by us, are comprehensive, relevant and current. If you have questions or comments related to a certificate or contents thereof, the candidate is asked to contact directly CRIF at the above address. As a prerequisite for the control of a certificate through the Site, you agree to indemnify Immodating and its organs, its subsidiary and its representatives for any damages (including court costs and attorney (s) ) arising out of your control.

E.3. Each tenant is free to add or not the certificate in his application before making it available to an agency. Once the certificate submitted to the agency, it can no longer be removed from the application. You can, however, at any time, cancel an application submitted with the ‘Abort’ button. No certificate can be added to an application that has already been submitted.

E.4. By ordering a certificate, you instruct Immodating to get on your behalf, and at your own risk, an analysis of your solvability rating with CRIF (eg information prosecution and defaults on you, your previous addresses, the information available in the SOGC about you, etc..). You give mandate to Immodating to accept the terms of CRIF in your name and on your own behalf, you represent conditions that already submit.

E.5. Certificates will be established on the basis of information that will learn about the Site. A copy may be retained by Immodating.

E.6. You finally take note that a certificate may also be ordered to CRIF directly by agencies, provided that you have authorised such an approach.

F. Data transmission Immodating

When you send us information, including through the submission of your rental file, you ensure that they are legitimate, current, complete and accurate, that you own the information, material and content provided and their use by Immodating not violate any rights of third parties nor represent a breach of any applicable law. You agree to indemnify Immodating for any damage it would suffer due to the breach of your obligations under this article. You agree to remove your nominations as soon as you signed a lease with a board.

G. Data transmission with Immodating

When you send us information, including through the submission of your application rental, you warrant that they are legitimate, current, complete and accurate, that you own the information, documents and materials provided and their use by Immodating not violate any third parties nor represent a violation of any applicable law. You agree to indemnify Immodating for any damages it suffers due to the violation of your obligations under this Article. You agree to delete your application forms as soon as you sign a lease with a control.

H. Access to the Site

The majority of services offered by Immodating is only accessible after your registration and prior identification. You access the service using a username and password (together, the “Access Data”), with which you identify with each connection.
You are responsible for your Data Access. You must keep them confidential, retain the exclusive use and be careful not to disclose to third parties. Immodating disclaims any liability for damage resulting from misuse, loss, transmission to third parties or theft of your Data Access.

I. Intellectual Property Rights

Copyright and other intellectual property rights relating to texts, images and other material on the Site are the property of Immodating or are used with permission of the owner. 
 You may browse the Site and to reproduce extracts by printing or downloading to a hard drive or for distribution to relatives. This is possible as long as you comply with the directions of copyright and other proprietary intellectual. No reproduction of any part of the Site may be sold or distributed for commercial purposes, nor be modified or incorporated in any other work, publication or website.

Immodating and, where applicable, its partners, are holders of all rights to software, works, services, procedures, facilities, designs, technologies, trademarks, logos, company names, inventions, descriptions, images, information and other content available on the Site (“Content”). No part of the Site has been designed to give you any license or right to use, whatever the content. Unless otherwise specified in the Conditions, any use by you of the Content is strictly prohibited.

J. Links to other sites

Links on the Site may take you outside of our network and our systems. Immodating accepts no responsibility for the content, accuracy or function of these sites. These links are offered in good faith and Immodating can not be held responsible for content on third party sites to which we provide a link. The inclusion of any link to other websites does not imply endorsement of Immodating. We recommend you to read and read the legal notice and data protection for all other sites you visit.

K. No Warranties

Use of the Site is at your own risk.
The Site is offered ‘as is’ and ‘as available’. Therefore, Immodating no guarantee. We do not guarantee in particular that (i) the Website and the services offered on it meet your requirements, (ii) the Website and its contents are complete, accurate, precise, reliable, updated and do not violate rights one third (iii) access to the Site will not experience interruption or error, or is virus free, (iv) defects will be corrected, (v) the site is secure, or (vi) any advice or opinion from Immodating through this Site is accurate and reliable.
We reserve the right to restrict, suspend or terminate your access to the Site or any features or portions of the Site without notice.
In his capacity as pure intermediate Immodating not guarantee in any way the terms of contract between the governed, respectively, other service providers, and tenants.
Any information on this site is subject to change or withdrawal without notice.

L. Disclaimer

To the extent permitted by law, any liability of Immodating, its organs, its agents and representatives, arising from your access to – or your use of – Website, is excluded. As a prerequisite to your use of the Site, you agree to indemnify Immodating and its organs, its agents and representatives for any damages (including court costs and attorney (s)) that could result from access to your – or your use of the – site.

M. Prohibited Activities

Immodating reserves the right to prohibit (eg by removing the relevant content, by limiting or preventing access to the Site) any action it may deem inappropriate and / or she believes to be contrary to law or that is prohibited by applicable law the Site, including (among others): (i) any act which would constitute a violation of data protection (including the transmission of private information without the consent of the individual concerned) or any other violation of personal rights of individuals, (ii) transmission of files that contain viruses that can cause damage to property of Immodating or property of other individuals, and (iii) the publication or transmission of the site of unauthorized information, including (among others) information which, in our opinion, are likely to disturb, to harm, or to breach systems and network security Immodating or parts Third, defamatory, racist, obscene, threatening, pornographic or otherwise illegal.

N. Geographical restrictions

For now we provide service to persons located in Switzerland. We do not guarantee access or that it complies with laws outside this geography. If you access the Site from outside Switzerland, you do so on your own initiative and are responsible for following applicable local laws.

O. Severability

If any provision of these Terms or our Privacy Policy for privacy and personal data is or becomes ineffective, the remaining provisions of these are not affected. In this case, the persons concerned shall agree to replace the ineffective provision, regulation as close as possible legally and economically from what they originally wanted to achieve by the provision ineffective.

P. Jurisdiction and applicable law

The jurisdiction is in Geneva (Switzerland), subject to appeal to the Federal Court.
The applicable law is Swiss substantive law, excluding its rules of private international law.
Updated July 9th, 2014.
This is a translation, only the French version is valid in case of conflict.
Prohibited to copy.