Terms and conditions

1. General

• This website www.FlatInChina.com (hereinafter referred to as "Site") is operated by FIC FlatInChina UG (haftungsbeschränkt) (referred to as "we" or "us" or "our" or “FlatInChina Network”).
  Our office address is:
  
  Guntherstraße 22
  80639 Munich
  Germany

  To contact us, please email info@flatinchina.com or by post to our above address.

• Please read these terms and conditions carefully before using this site as they are a legally binding agreement between you and us. These Terms set out all the rules and obligations that apply to your use of the Site.
• By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us.
• These Terms may also make reference to other terms that apply when using our Site, such as our Privacy Policy and Cookie Policy. By using our Site, you consent to the processing of your data in accordance with these policies.
• We reserve the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website or Application. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made. By accessing the Websites or Application owned by us, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility.

2. Applicable Law

This Terms of Use is governed by the laws of the Federal Republic of Germany without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Germany in all disputes arising out of or relating to accessing or using of the FlatinChina Network. Access or use of the FlatinChina Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

3. Registration / Passwords

3.1 In consideration of your use of the FlatinChina Network, you agree to:

• provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the "Registration Data").
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the FlatinChina Network (or any portion thereof).

3.2 You may receive a password and/or account designation, or a digital signature upon completing the registration process on the FlatinChina Network. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to:

• immediately notify us of any unauthorized use of your password, digital signature or account or any other breach of security, and
• ensure that you exit from your account at the end of each session. we cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

4. Use of our site

• The website may be used with or without registration. However, the use of certain products and services requires registration. Only persons who are at least 18 years of age may register with FlatinChina. FlatinChina reserves the right to limit registration to certain countries.
• FlatinChina recognizes as the customer the person who utilises the user ID and password, regardless of whether this person actually has access rights. The person who has registered with FlatinChina is responsible for the proper handling of his/her user ID and password.
• You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
• You are responsible for and will pay all telecommunications and internet access charges incurred by it when using the website
• You must comply with our reasonable instructions concerning use of our Site.
• You must supply us with correct information on registration and keep your information up to date.
• Except with the express written permission of FlatinChina, you agree that you will not access or attempt to access password protected, secure or non-public areas of the FlatinChina Network.
• You must not misuse our system or this Site. You must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Website and any forms you submit must be a genuine enquiry.
• You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
• All Property Information of any real estate which is sold or which is no longer available on the market must be removed from the Site within 10 working days of the Principal becoming aware of such information.
• We reserve the right to contact any Principals or Customers to find out more about their experiences with www.flatinchina.com for the purposes of gathering data or compiling testimonials.
• Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 5 below. You warrant that any such contribution does comply with the standards mentioned in clause 5 and you will be liable to us and indemnify us against any breach of this warranty.
• FlatinChina shall be under any obligation to monitor or censor the Content that appears on the website, but we reserve the right for itself to do so.

5. Services and Content

5.1 We are committed to maintaining the privacy and security of any and all such information that you provide to FlatinChina through the FlatinChina Network in accordance with its Privacy Policy. Please click here to review the Privacy Policy.

5.2 The views expressed by users on our Site do not represent our views or values.

5.3 Content will comply with all applicable laws, regulations and codes of practice in the Federal Republic of Germany will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party.

5.4 All content that you upload to our Site must:

• Be accurate (where you state facts);
• Be genuinely held (where you state opinions); and
• Comply with the applicable law of the country from which they were posted.

5.5 Any Photograph content will:

• be of a good quality in FlatinChina's reasonable opinion.
• only contain the user's profile photograph or images related to the relevant property;
• not contain telephone numbers or email addresses
• not contain any Personal Data;
• not contain any promotion of the user; and
• not contain any advertisements of any other products or services of the user or any third parties;

5.6 FlatInChina may limit the number of photographs that may be displayed by the user to 12 images per property;

5.7Your content must not:

• Contain any material which is defamatory of any person;
• Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
• Contain any material which does or could potentially infringe the intellectual property rights of a third party.

5.8 Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:

• immediate, temporary or permanent withdrawal of your right to use our Site;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
• further legal action against you; and
• disclosure of such information to law enforcement or authorities as we reasonably feel necessary.

5.9 In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
You agree that we may in its sole discretion and at any time terminate your access to and use of the FlatinChina Network, or any part thereof, with or without notice. You further agree that use of the FlatinChina Network and any of its Services shall be immediately terminated if you violate these Terms and Conditions.

6. Payment

6.1 The use of certain products and services requires registration and payment. Only persons who are at least 18 years of age may register with FlatinChina and take advantage of payed services provided by us.

6.2 Fees (plus VAT and any other taxes or duties thereon) and any other charges due hereunder shall be paid by the User in accordance with these Terms and Conditions:

• The user can buy an agency packages by contacting us directly via our contact form or through the Site.
• After confirming and agency package the user will receive an e-mail invoice within 2 working days.
• An advance payment may be required, which can be processed via the payment methods provided by FlatInChina, or made within 7 days from the invoice date, subject to any different payment terms specified in a separate agreement or on the invoice.
• Payment can be made by Bank Transfer, MasterCard, Visa Card, American Express Diners, Club, Discover or Alipay.
• If the customer fails to make payment on time, the customer is automatically in default. FlatInChina may refuse to perform the services and terminate the agreement with immediate effect and without compensation or notice. Furthermore, where payments are not made in a timely manner during the term of the agreement, FlatInChina shall also have the right to block the customer's access to his or her user account.
• We reserve the right to charge the User its reasonable administration costs in dealing with any failed payments and/or its costs in relation to pursuing outstanding amounts (including legal fees and expenses).
• The duration of the chosen agency package begins only after the money transfer has been made and after we activate the account for the user.
• When purchasing an agency package that includes an advertisement banner, the customer should send us an image (predefined format) by e-mail, as well as a link that is leading from the advertisement to the website which the user defines. After validation by FlatInChina the advertisement will be activated. Advertisement must comply with the advertisement standards set out in these Terms. Please see clause 7 below.
• Fees are charged one time and they are dependent on the price of each separate package. FlatInChina reserve the right to change the product prices on its website without prior notice.
• Given the nature of digital content, we do not offer a refund or credit on a purchase.
• When you buy an agency package you’re doing so on the following terms: you must comply with the content standards set out in these Terms. Please see clause 5 above.

7. Advertisement

7.1 We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right at our discretion to reject Advertisements that:

• relates to real estate that has already been listed by another company on the FlatInChina Network;
• relates to real estate for which another company can demonstrate marketing rights;
• We do not wish to make available to its customers for any reason it so determines;
• is in breach of any of its obligations under this agreement, temporarily or otherwise; or
• is in breach of any advertising guidelines set by governments in any given markets.

7.2 Advertisers must ensure that property listings and other Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.

7.3 All Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents.
The Advertisements link given by the user may not contain harmful content and may only refer to the Advertisement.

7.4 We may in our discretion change or remove any feature of our Site. If this is a significant part, we will refund any applicable fees already paid for the remainder of the period to which the fee relates.

7.5 No guarantee is given to the number or quality of leads generated. The FlatInChina Network only guarantees the marketing of your property on the website and to the users of the FlatInChina Network of consumers. External factors such as location, price, photos, descriptions, brand and inclusions are factors determining interest in a property.

8. Prohibition of further use of information

8.1 The right to use information and content for commercial purposes is reserved to customers. Apart from that, customers acquire no rights to content or information made available on the website. Infringements are subject to civil and criminal prosecution.

8.2 Customers expressly undertake not to utilise the information and content made available on the website in any manner or form outside the website. In particular, customers shall refrain from copying, publishing or otherwise reproducing in any form the data made available on the website or to link those data to other data.

9. Disclaimer of warranties

9.1 The Services provided through the FlatInChina Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by us to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, we do not make any representation or warranty with respect to such third party Services, and we are not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness.

9.2 You expressly understand and agree that: your use of and reliance upon any and all of the FlatInChina network, services and/or content is at your sole risk and is made available on an “as is” and “as available” basis. We make no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the FlatInChina network, services and/or content. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

10.1 In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the FlatInChina network, with the delay or inability to access or use the move network or related services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the FlatInChina network, or otherwise arising out of the use of the move network, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

10.2 Any services or content made available or obtained through the use of the FlatInChina network, and all other use of the FlatInChina network, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

10.3 If you are dissatisfied with any portion of the FlatInChina network, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our service and website.

11. Indemnity

11.1 You agree to defend, indemnify, and hold harmless the FlatInChina Network, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party.

11.2 The FlatInChina Network shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

12. Links

12.1 The FlatInChina Network may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the FlatInChina Network of the contents of such third-party web sites.

12.2 We are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

13. Resolving disputes

13.1 If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, by sending an email through the “Contact Us” section of our website.

13.2 If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.