Mynti.ch Portal Terms and Conditions of Use

1. Introduction & Content and Features of online services

1.1. The "mynti.ch" real estate portal, accessible in particular at mynti.ch (hereinafter the "Portal"), which can be accessed from any terminal with an Internet connection. This Portal offers the possibility of placing online advertisements for properties for sale (such as plots of land, buildings, apartments, parking spaces, etc.), in Switzerland or abroad, from real estate professionals only (hereinafter referred to as "Advertisers"). This portal also offers other services to help you with your project, such as finding a service provider.

1.2 This Portal enables all Internet users who visit the Portal and are registered (hereinafter referred to as the "Member") to contact the Advertisers of the properties in which they are interested and/or the various partners of the Portal to assist them in their project to sell their property. This portal also enables Members to become Advertisers by publishing their ads.

The User is hereby informed and acknowledges that the Portal's activity is limited to facilitating real estate transactions and projects, as well as putting Users in contact with each other for the purpose of selling. The Portal cannot be held liable in any way whatsoever for relations, agreements or discussions that may take place between Users and Advertisers and/or partners to assist them in their real estate sales project and/or between Users and any other partner of the Portal.  

1.3 Contacting the site administrator

Members may contact the site administrator at any time by e-mail at the following address: info@mynti.ch

1.4. Portal host

Infomaniak Rue Eugène-Marziano 25, 1227 Geneva

1.5. The site administrator reserves the right to modify or delete content, information and advertisements appearing on the Portal at any time and without prior notice. Likewise, it may at any time modify the content and form of its services, or delete some of them. The technical characteristics of the Portal may also be changed at any time at our discretion.

• Scope, acceptance and modification of the GCU

2.1. The purpose of these GCU is to define the conditions under which the Member benefits from the Services provided through its Portal. All the Services provided by the site administrator and made available to the Member are detailed on the Portal.

2.2. These T&Cs are implicitly accepted by accessing and using services that do not require the creation of an account or the submission of a quotation request form. Consequently, if you do not accept these terms and conditions, in whole or in part, you must refrain from using these services and leave the Portal.

For the use of services on the Portal requiring the creation of an account or the sending of personalized advice request forms containing data entered by You to our partners, your consent (express or tacit) is mandatory. Without your consent (express or tacit), you cannot benefit from these services.

2.3. As these GCU may be subject to change, the applicable conditions are those in force and accessible on the Portal at the date of access to the Portal by the Member.

• Description of services provided by the Portal

3.1 Member registration

To be a member of the Portal, you must be considered an institutional investor. To be considered an institutional investor, you must be either :

• A pension fund
• An insurance company
• A real estate fund
• A collective asset manager

The administrator verifies that each member is considered an institutional investor. The main verification element is the email address of the institutional investor's representative. However, to ensure that the member is an institutional investor, further information/documents may be requested.

Some operators could also be considered as institutional investors, such as :

• Wealth managers
• Non-regulated operators managing real estate SPVs

For these operators, the site administrator may request information/documents to establish that the activity of these operators is in line with the purpose of the site.

The elements listed above are not exhaustive, and operators that could be assimilated to an institutional investor could be added as members.

The site administrator declines all responsibility should one or more members not be considered as institutional investors. 

The Services provided on the Portal are designed to facilitate and optimize the Member's search for a property to buy or sell, or to assist him/her in his/her real estate project, in particular by enabling him/her to benefit from the Portal Services free of charge. The Member is hereby informed that said Services are subject to constant change.

The Member is hereby informed and acknowledges that the activity of the site administrator is limited to facilitating contact between Members and Advertisers and/or its partners. The site administrator shall in no way be held liable for any relations, agreements or discussions that may arise between Members and Advertisers and/or between Members and the Portal's partners.

3.2 Issuance of a non-binding tender offer

When an advertisement is published on the Portal, members can make an offer in the dedicated section. This offer is not binding on the property owner. This offer must be completed as fully as possible. It will be communicated to the Advertiser or to the member if it is among the 5 best offers. The site administrator reserves the right not to communicate a member's offer if it does not comply with the best practices of the sector, such as, for example, issuing an offer with a disproportionate price to be among the 5 best offers.

• Intellectual property

4.1. All content (information, documents, images, tools and analyses published on this Portal) are and remain the property of the Portal, the Advertisers or any other rightful owner. In general, no right is granted to the Member on these elements, with the exception of the use expressly authorized by virtue of the present provisions.

4.2 These elements are made available to the public for private purposes only, in accordance with the purpose of the Portal. None of these elements may be exploited, reproduced, modified, distributed (by electronic, paper or other means) or used in any other way for commercial purposes without the prior written authorization of the Portal.

• Rules and principles applicable to use of the Portal

5.1. The Member's technical access to the Portal is via his Internet provider and under the latter's responsibility. Access to the Portal and the Application is public. However, the Portal may prohibit access to any undesirable Member at its own discretion.

5.2. The Member is responsible for managing his/her access data (email/password) with care, confidentiality and precaution. The Portal is not liable for misuse of access data or for damage resulting from misuse by unauthorized third parties.

5.3. The contents and information available on the Portal do not constitute an offer within the meaning of the Swiss Code of Obligations, nor an invitation to make an offer, nor a recommendation. Any legal, tax or other issues relating to proposed transactions should be examined with the assistance of a specialist third party.

5.4. Transactions that may be carried out through the Portal are subject without restriction to all applicable legal provisions. The same applies to legal requirements applicable to any commercial transaction carried out off the Internet, such as the requirement to be of legal age in order to enter into a contractual commitment. If you do not meet these requirements, you must refrain from carrying out a transaction through the Portal.

5.5. The site administrator is not in a position to verify the content of advertisements published on the Portal by Advertisers. It therefore offers no guarantee as to the accuracy or completeness of this information. It is therefore your responsibility to carry out all necessary checks, by contacting the corresponding Advertisers or by any other means at your disposal.

5.6. Use of the Portal and its services is at your sole risk. You hereby irrevocably release the Portal from any liability for any damage you may suffer in connection with the use of the Portal.

5.7. By clicking on links (including banners) on this Portal, you may be leaving the site and accessing third-party sites beyond the control of the Portal. As the latter has not necessarily checked all the sites linked by a hypertext link, it declines all responsibility for the content, products or services or offers published there. The content of linked sites is provided solely for your convenience and information. They may be subject to third-party terms and conditions and privacy policies.

5.8. Registration with the Portal is required in order to benefit from certain services offered by the Portal. The personal information that you transmit on this occasion (including your fixed or mobile telephone number and your e-mail address) with a view to receiving e-mail alerts, new articles corresponding to your criteria, or personalized advice from our partners) is managed in accordance with the provisions of the Privacy Policy. You are solely responsible for the content of your registration and the personal information that you communicate to the Portal on this occasion. Where applicable, you undertake to provide the information requested in a complete and accurate manner and to make any changes to your personal information immediately.

5.9. As the Portal uses Google Analytics, Linkedin and other similar traffic tracking and analysis tools, cookies are set in order to:

• to enable the Portal to function properly;
• to compile audience statistics;
• to understand your navigation ;
• to present you with properties or services tailored to your needs on the Portal, and on other sites you may subsequently visit (such as Linkedin or other general sites).

For more information on cookies, please consult the Portal's Privacy Policy. By using the Portal, you consent to the processing of the data concerned by Google, Linkedin or the Portal under the conditions and for the purposes specified in the Privacy Policy.

• The Portal as intermediary & Exclusion of liability

6.1. The Portal acts solely as an intermediary service provider, offering a platform for the online publication of real estate advertisements and associated services related to the sale or purchase of real estate. As such, it is not a party to any sale, purchase or other transaction involving real estate placed online by Advertisers or by the Portal's partners, which are the exclusive responsibility of the parties concerned and the interested Member.

6.2. Although it takes or arranges for the taking of technical and organizational measures in accordance with the state of the art to ensure the proper operation of the Portal, the latter offers no guarantee as to the availability of the Portal and accepts no liability for transmission errors, malfunctions or interruptions in the operation of the Portal. Any such claims by the Member against the Portal or its employees and assistants are excluded, including for indirect and consequential damages arising from the use of the Portal, in particular for loss of profit or claims by third parties.

6.3. With regard to security, the Portal instructs specialized third parties to implement all necessary measures in accordance with the state of the art to prevent intrusion, the introduction of viruses or other damaging illicit technical processes. However, absolute security on the Internet cannot be guaranteed, and the Member uses the Portal at his or her own risk.

6.4. The Portal is not responsible for the information published by Advertisers on the Portal. It is not responsible for the content of advertisements, nor for the publication of items that have already been sold.

• Protection of your personal data

7.1. Any personal data you may provide when registering with the Portal or with our partners will be processed by the Portal in accordance with the Privacy Policy.

7.2. By filling in the contact form with an Advertiser for a property you are interested in or with one of our partners, you agree to the portal sending this information to him/her/them. Once transmitted, its use in accordance with applicable legal provisions is no longer the responsibility of the site administrator, but solely that of the Advertiser or our partners.

• Data confidentiality between members

Members who have access to the Advertisements or other members must respect the confidentiality of the information communicated in the Advertisements.

Confidential Information" means all information communicated by The Advertiser or the Member to another Member, in any form whatsoever, which is marked as confidential or which, by its nature, should reasonably be considered confidential.

Members agree to :

To keep the Advertiser's or Member's Confidential Information confidential and not to disclose it to any third party;

Not to use the Advertiser's or Member's Confidential Information for its own purposes or for the purposes of a third party, other than to evaluate assets and submit an offer to purchase;

Take all reasonable steps to protect the confidentiality of the Advertiser's or Member's Confidential Information, including implementing appropriate physical, technical and organizational security measures;

Not to copy, reproduce or translate the Advertiser's or Member's Confidential Information

Not to disclose the Advertiser's or Member's Confidential Information to any court or other public authority without the consent of the Advertiser or Member, except as required by law or court order;

• Final provisions

Portal owner

The owner and administrator of the portal is Nelson Goutorbe. based in Geneva.

Modifications to these GCU

8.1. The site administrator may modify these Terms of Use at any time and without notice. Modifications are applicable with immediate effect to any Member, even if that Member has already accessed the Portal and accepted the present Terms of Use.

Invalidity of certain provisions

8.2. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such a case, the invalid or unenforceable provision will be interpreted as closely as possible to what was originally intended.

Foreign law

8.3. The Member understands that the use of the Portal and the Application and transactions with advertisers arising therefrom may, depending on the circumstances, be subject to laws other than Swiss law. It is therefore the Member's responsibility to obtain information in this regard. The site administrator accepts no liability in this respect.

Applicable law and settlement of disputes (place of jurisdiction)

8.4. These General Terms and Conditions are governed by Swiss law, to the exclusion of any conflict of law rules. The exclusive place of jurisdiction for any proceedings arising from them shall be the registered office of the site administrator.

Geneva, May 15, 2024