Conditions in his/her native language does not prevent them from applying anyway. The parties agree to means of electronic proof within the scope of their dealings (as an example: email, IT backups, etc).

1. ADMISSIBILITY

You must be at least 18 years of age before you can become a user of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) and use the site. By using this site, you declare that you have the right, the authority and the capacity to accept the General Conditions and to respect all of their terms. The registration of a user to the site is subject to a Board of Admission and is based on an assessment of each applicant in accordance with the registration rules and the validation of identity. The admission is finally acquired if the candidate receives a positive response from the Board of Admission. Once you have submitted your profile by using the registration form, a period of consideration will begin during which the board of admission can ask you questions to get to know you better. You will be informed by email of your admission immediately. Once admitted, you undertake to respect these General Conditions of Sale and Use.

2. REGISTRATION (FREE) AND SUBSCRIPTION

Once your registration has been approved by the Board of Admission and your identity has been validated, you will be able to access all the free functionalities and services available within the framework of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). However, for a direct introduction to a selling or buying user a MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) brokerage fee is charged. This fee will be charged only upon the successful completion of real estate sales or rental transaction resulting from user introduction by MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). We can change the fee prices at any time after giving you reasonable notice. If you refuse a change for the fee price, you can terminate your account by writing to us at the address given below or by sending an email to info@marivaconcept.com.

Extent of the Service. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) enables you to add, view or submit wanted commercial real estate listings in Europe. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) also enable users to invite new users to join the website. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) does not guarantee your subsequent compatibility with users you meet through MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) draws its member’s attention to the fact that MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) is only an intermediary between the users. When registering on the site, the user warrants that the information supplied is correct and that he/she has the legal capacity to contract and is aged 18 or over. The future user also guarantees that he/she is fully authorized to cover all the costs of using MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) services. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be held liable for any indemnity of any kind whatsoever. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) is, as a simple intermediary, only bound by an obligation means. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be held liable for its recommendations concerning the choice of a users. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be held liable for the non- performance of its obligations in the case of force majeure, and notably in the case of a disruption, total or partial strike, notably of the postal services and transport and/or communication means, flooding, fire, computer crash.

3. TERM AND TERMINATION

The General Conditions apply to you for as long as you are a user of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). You can cancel your registration materialized by your agreement to the General Conditions without having to give a reason by sending a written notification (by e-mail) to the following address: info@marivaconcept.com. We can immediately remove your profile and your access to MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) at any time for breach of the General Conditions. In these circumstances we will send you a termination notice to the email address supplied during your request for registration or any other email address which you have given us. We reserve the right not to send this notice, in the event of a criminal offence or fraud. If you breach one or more of the provisions of the General Conditions we can take sanctions which are proportional to your breach. For example, we can freeze your user account, delete prohibited content or prevent the publication of all or part of your profile. We can also permanently or temporarily block your access to all or part of the Service. Misuse of the MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) website will be fined with a 30.000,00 EUR penalty.

4. THE CONTENT DISPLAYED ON THE SITE, AND PROHIBITED CONTENT

The information which you supply to MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) or which you display must be correct and conform to the reality. With the exception of personal information on a physical person to identify a person, this information is being used in accordance with our confidentiality Personal Data Protection Charter, and all the documents which you transmit or display on www.marivaconcept.com will be considered not to be confidential and to be unprotected information. We are under no obligation with respect to these documents. We will be free to copy, disclose, distribute, incorporate and use the said documents and all the data, images, sounds, texts, and other elements which are incorporated in them, for any commercial or noncommercial purposes. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) can examine and delete all content, messages, photos or profiles broadcasted on MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) (collectively the “Content”) which it legitimately considers breaches the General Conditions. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) can examine and delete any content which is liable to be injurious, illicit or which infringes users’ rights, prejudices members or threatens their safety. You are exclusively liable for the content you publish present or supply on www.marivaconcept.com or which you transmit to other members through www.marivaconcept.com. You declare that the content displayed is at all times (a) correct, (b) does not breach the General Conditions and (c) is not prejudicial to anyone in anyway whatsoever. By displaying Content on MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) public area you automatically grant a free non-exclusive irrevocable license to MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) which you declare you have the right to do, for the duration of the protection of the said content under the corresponding intellectual property rights for the whole world to use, copy, display and distribute the said information and the said Content and to make derivative works from the said information and the said Content, or to incorporate them into other works and to grant and authorize sub licenses for them.

You are prohibited from:
Making remarks which are insulting and defamatory, denigrating, threatening to another person’s privacy, hateful, racist, anti-Semitic, xenophobic, revisionist, denigrating, or otherwise reprehensible. Inciting acts of hatred or violence against a group or individual; Using a third party’s profile or photographs without their permission; Harassment or encouraging harassment; Transmitting “junk mail”, chain letters, or mass unsolicited letters or “spamming”; Broadcasting information which you know to be false or misleading; Promoting illicit, insulting, threatening, obscene, defamatory or libellous activities; Promoting the use of an illicit or unauthorized copy of a work by a third party which is protected by the laws of copyright for example by supplying pirated computer programs or links to such programs, by supplying information to circumvent protection measures installed or by supplying pirated music or links to files of pirated music.

By broadcasting pages to which access is restricted or protected by a password or the content of concealed pages or images (pages or images to which no link exists or which do not come from another accessible page); Broadcasting any pedo-pornographic content or content showing violence against children or soliciting personal information from children; Inciting the commission of illegal activities or supplying pedagogical information for illegal activities, such as the illegal manufacture or purchase of weapons, breach of privacy rights, or supplying or creating computer viruses; Soliciting passwords from third parties and information enabling other people to be identified for commercial or illegal purposes, and carrying out commercial activities without our prior written consent such as holding competitions, lotteries, bartering, advertising and pyramid selling systems or constituting fraud. Your use of www.marivaconcept.com must conform to the applicable law, regulations and codes of conduct. Although MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) is unable to control the conduct of its members outside the site, the use of information obtained through MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) to harass, insult or harm another person is also considered to be a breach of the General Conditions.

5. PROHIBITED ACTIVITIES

MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) reserves the right to investigate and to terminate your subscription if you use MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) incorrectly, or behave inappropriately or illegally. The following is a non exhaustive list of certain actions which you are not allowed to use MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) for: You cannot pretend to be another person or entity. You cannot track down or harass anyone for any reason whatsoever. You cannot explicitly or implicitly create the belief that MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) supports your claims without our express prior written agreement. You cannot use a robot, indexing program, or automatic site search or extraction request or other manual or automated systems and processes to extract, index, explore data or reproduce or misappropriate the structure or the presentation of the site, MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) or its content in anyway whatsoever. You undertake not to display, distribute or reproduce the protected elements, trademarks or other information protected by intellectual property rights or any other property right in anyway whatsoever without the prior agreement of the holder of the said rights. You undertake not to display, send by e-mail or transmit elements containing computer viruses or other computer codes, files or programs designed to interfere, destroy or limit the functionality of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) or any software, hardware or telecommunication equipment. You undertake not to create rubrics or manipulate identification information to conceal the origin of the information transmitted via MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). You undertake not to transmit or display elements which constitute or encourage criminal behaviour, or behaviour resulting in civil liability or which are contrary to the laws and rights of third parties in Germany or in any other country in the world.

6. THE SECURITY OF THE ACCOUNT

You must keep the username and the password you choose during the registration procedure for the Service confidentiality and you will be fully liable for everything which happens under your usernames and passwords. You agree to immediately inform MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) of any unauthorized use of your username or password or any other interference with security and to check that you exit your account at the end of the session. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be held liable for losses or damages resulting from your violation of this article. You must be particularly vigilant if you access your account from a public or shared computer to prevent other people seeing or recording your password or other personal information.

7. CUSTOMER SERVICE

MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) provides assistance and advice through its employees. You must not make insulting, obscene, injurious, hurtful, sexist, threatening or racist remarks when communicating with employees of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). If we consider that your behavior towards our employees is threatening or insulting, we reserve the right to immediately remove your profile and/or terminate your user registration.

8. INTELLECTUAL PROPERTY RIGHTS

You cannot display, distribute or reproduce elements protected by copyright, trademark or other protected information or relating to intellectual property rights in anyway whatsoever without the prior written consent of the holder of the said rights.

9. NOTIFYING ILLICIT CONTENT

If you think that a content has been copied or reproduced on the Site in breach of your intellectual property rights or if you find content which you consider to be illegal, please send the following information to info@marivaconcept.com: your surname, forename, profession, address, telephone number, e-mail address, nationality, date and place of birth, the date of notification, a description of the protected content which you claim has been infringed or the content you consider to be illegal, a description of the location of the element of the said content on the Site, the grounds for the claim, specifying the legal provisions on which the claim is based and proof of the facts, a written declaration that you consider, in good faith, that the disputed use has not been authorized by the holder of the rights, his/her representative, or by law, a signed declaration from you stating that the information mentioned in your declaration is correct, a copy of the correspondence sent to the person making the disputed use, demanding the suspension, withdrawal or modification of the content or proof that this person cannot be contacted.

10. DISPUTES BETWEEN USERS

You are alone liable for your dealings with the other users of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) reserves the right, but is not under the obligation, to closely monitor your disputes with other members.

11. CONFIDENTIALITY

The use of the site and is also covered by our Confidentiality Personal Data Protection Charter. The personal data you communicate to us (in particular sensitive personal data) will be stored on our computers.

12. ACCESS TO THE SERVICES

MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) endeavours to ensure that the site is accessible 24 hours a day. However we cannot guarantee that it will function without interruption or will be free from errors. The access to the site can be suspended temporarily without notice in the event of a system failure, maintenance or repair or for reasons which are outside of our control. MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be liable in any way for this kind of malfunction to the Service.

13. DISCLAIMER OF WARRANTY

The site’s elements are supplied without any warranty. Consequently we exclude all liability to the extent permitted by law (in particular for satisfactory quality, suitability for the intended purpose, and use with reasonable caution), which may have consequences with regards to using the site, outside these legal provisions. We do not warrant that the site, its servers or the emails sent by MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP), are free from viruses or other harmful components. We make no commitment concerning the accuracy or the reliability of the advice, opinions, assertions or other information displayed, downloaded or issued by us through MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP), our partners, any user or any other person or entity. You take responsibility for the risks you take when relying on any opinion, user profile, advice, declaration or information. We are not liable for our user’ behavior, either online or offline. Please use the site and the services provided prudently and wisely.

14. LIMITATION OF LIABILITY

To the extent permitted by the company law, we will not be liable for any prejudice of any kind resulting from the use of the site. Generally, we will not be liable for any consequential and/ or unforeseeable loss resulting from your use of the service and the site.

15. MODIFICATIONS TO THE GENERAL CONDITIONS

We reserve the right to modify the General Conditions by informing you when these modifications are brought online. The amended terms will come into force within thirty (30) days from the date they are brought online. If, after having been informed of the modifications to the terms of the General Conditions you wish to de-subscribe from the site, you can terminate your subscription by sending us a notification, and the termination will take effect from the moment we receive the notification or when the said modification comes into force at the latest, if this date is earlier. You will be deemed to have accepted any modification if you continue to use the site after the expiration of the above-mentioned termination deadline.

16. ENTITLEMENT TO RIGHTS

MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) holds all the rights over the site and it’s services. All the elements appearing on the site are protected by copyright and by the applicable copyright treaties and legislation throughout the world. All rights are reserved. The elements of MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) cannot be reproduced, copied, published, edited, transmitted or downloaded in way whatsoever without MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) written permission. Subject to the express provisions of the General Conditions concerning the license, MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) does not grant you an express or implicit right over its trademarks, the elements protected by copyright law or any other intellectual property right.

17. ACTIONS BY THIRD PARTIES

If a law suit is brought against us due to your activities or use of the site or it’s services, in particular if you breach the General Conditions or if complaints are made against you by third parties, you undertake to pay for the costs of the proceedings, to release us from all liability and to defend us within the scope of this action. You also agree to cooperate in defense as far as possible and authorize us to take responsibility for the defense and the exclusive control of the action.

18. SEVERANCE OF THE PROVISIONS OF THE GENERAL CONDITIONS

If one of the provisions of the General Conditions is considered to be null and void or invalid under the terms of the governing law, notably with respect to the above warranty disclaimers and limitations of liability, the said null and void and invalid provision will be deemed to be replaced by a valid provision which reflects the initial provision as far as possible. The rest of the General Conditions will continue to be effective.

19. DISPUTES AND CLAIMS

The General Conditions are governed by the laws of Germany. Any claims relating to the MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) site must be sent to MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) at the address given below

20. GENERAL POINTS

The use of the site entails acceptance of the General Conditions, and the said acceptance is materialized by the registration for MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP). The General Conditions constitute the whole of your agreement with MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) concerning your use of the site and/or it’s services. These General Conditions will be conserved by MARIVA CONCEPT® INVESTMENT PARTNERS (MCIP) and can be consulted at the address below

21. CONTACTS

You can send us your questions concerning the rights and restrictions described above to info@marivaconcept.com or the address below. Please contact us if you have any questions. MARIVA CONCEPT® UG (haftungsbeschränkt), Agnesenstr. 1, 79106 Freiburg, Germany.

Contractual Document updated on May 1st, 2022.