Terms and Conditions
Version: July 1, 2023
§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between OM24GROUP LLC (hereinafter "OFFMARKET24") and the customer for the use of the OFFMARKET24 platform. The platform is exclusively accessible to entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from use.
§ 2 Scope of Services
OFFMARKET24 operates an online platform for mediating contacts between real estate sellers and buyers. OFFMARKET24 acts as a platform operator and not as an owner or broker of the offered properties. OFFMARKET24 does not control or guarantee the accuracy, completeness or timeliness of the offers posted on the platform.
§ 3 Registration and Contract Conclusion
The use of the platform requires registration. The customer undertakes to provide truthful and complete information during registration and to keep it up to date. Access is non-transferable. Upon completion of registration, a usage contract is concluded between the customer and OFFMARKET24.
§ 4 User Obligations
The user undertakes to use the platform only for its intended purpose, not to post false or misleading information, to respect the rights of third parties, and to comply with applicable laws. The user may not reproduce or distribute content of the platform without the consent of OFFMARKET24.
§ 5 Fees and Payment Terms
The use of certain functions of the platform may be subject to a fee. The respective fees are transparently communicated before the contract is concluded. Payments are generally due monthly in advance. In case of late payment, OFFMARKET24 reserves the right to block access to the platform.
§ 6 Contract Term
The contract is concluded for an indefinite period, unless a fixed term has been expressly agreed. For contracts with a fixed term, the contract is automatically extended by the same term if it is not terminated in time.
§ 7 Termination
Ordinary termination is possible with 30 days notice to the end of the contract term. Termination must be in text form. The right to extraordinary termination for good cause remains unaffected.
§ 8 Limitation of Liability
OFFMARKET24 is liable without limitation for damages resulting from injury to life, body or health as well as for damages caused intentionally or through gross negligence. Otherwise, liability is limited to the typically foreseeable damage. OFFMARKET24 is not liable for the accuracy of content posted by users.
§ 9 Indemnification
The user indemnifies OFFMARKET24 from all claims by third parties that are asserted due to illegal use of the platform by the user or due to illegal content posted by the user.
§ 10 Data Protection
The processing of personal data is carried out in accordance with the OFFMARKET24 privacy policy. The user consents to the processing of their data within the scope of using the platform.
§ 11 Confidentiality
The user undertakes to treat all information received via the platform confidentially and not to pass it on to third parties without express consent.
§ 12 Intellectual Property
All rights to the platform and its content (software, texts, images, logos, etc.) belong to OFFMARKET24 or its licensors. The use of the platform does not grant any transfer of intellectual property rights.
§ 13 Applicable Law and Jurisdiction
The law of the United States of America applies. The place of jurisdiction for all disputes arising from this contractual relationship is Casper, Wyoming, USA.
§ 14 Severability Clause
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a valid regulation that comes as close as possible to the economic purpose shall apply.
§ 15 Changes to the GTC
OFFMARKET24 reserves the right to change these GTC at any time. The customer will be informed of changes by email. The changes are deemed approved if the customer does not object within 30 days of receipt of the notification.