Version 0.2 : April 2025 © LIV Residential
1. Definitions
- a) Account: the (optional) personal account of the User that provides access to certain features of the LIV Residential Platform, including but not limited to the alert function and marking rental properties as
favourites, as well as access to Service Providers offering services through the LIV Residential Platform;
- b) Data: all information stored by the User on the LIV Residential Platform;
- c) Services: the services offered by the LIV Residential Platform (either directly or through its Service Providers);
- d) User: any visitor to the LIV Residential Platform, including home seekers, rental applicants, or tenants;
- e) Terms of Use: these present terms of use;
- f) Rental Applicant: a User who expresses interest in a Rental Property via the LIV Residential Platform;
- g) Tenant: a User who has expressed interest in a Rental Property through the LIV Residential Platform and subsequently entered into a rental agreement;
- h) Rental Property: real estate that complies with applicable laws and regulations for use as rental accommodation;
- i) Intellectual Property Rights: all intellectual property rights, including but not limited to copyrights, database rights, domain names, trade names, trademarks, design rights, neighbouring rights, patents, and
rights to know-how;
- j) LIV Residential: OCP Asset Management B.V., registered at Generaal Vetterstraat 74 (1059 BW) in Amsterdam, The Netherlands, under Chamber of Commerce number 69408645. LIV Residential is a business unit of OCP Asset
Management B.V., acting as the administrator of the LIV Residential Platform and provider of Rental Properties;
- k) LIV Residential Platform: the website and mobile application of LIV Residential. Initially, the platform allows home seekers to connect with providers of rental properties via the website www.livresidential.nl. Upon
entering into a tenancy agreement with LIV Residential, Users gain access to the “LIV Residential App,” a mobile communications application that enables tenants to interact and submit maintenance requests, as offered
by a LIV Residential Service Provider;
- l) Service Provider: a third party engaged by LIV Residential to offer services via the LIV Residential Platform;
- m) Supplier: a vendor engaged by the LIV Residential Platform for the development, maintenance, and operation of the LIV Residential Platform, particularly the LIV Residential App;
- n) Property Listings: the systematically searchable database of available Rental Properties on the LIV Residential Platform.
2. Agreement, Applicability, and Amendments
- 2.1 These Terms of Use apply to all usage of the LIV Residential Platform, including access to services offered through the platform (whether accessed via desktop, mobile device, or any other software application),
even if such services are provided by a Service Provider.
- 2.2 Any (general) terms and conditions of the User are explicitly rejected. Deviations from or additions to these Terms of Use shall only apply if and to the extent that they have been explicitly accepted in writing by
LIV Residential.
- 2.3 By using the LIV Residential Platform or creating an Account, the User enters into an agreement with LIV Residential under these Terms of Use. The Privacy and Cookie Statement also applies and forms an integral
part of this agreement.
- 2.4 This agreement (i.e., the Terms of Use) takes effect the moment the User begins using the LIV Residential Platform or registers via an account and remains valid indefinitely. The User may terminate the agreement at
any time without notice. Termination may occur by closing the Account, or in the case of a LIV Premium subscription, by cancelling it in accordance with Article 7.4 of these Terms of Use.
- 2.5 LIV Residential reserves the right to amend these Terms of Use from time to time. Changes also apply to existing agreements with a notice period of thirty (30) days from the date of announcement. If the User does
not accept the changes, they may terminate the agreement prior to the effective date. Continued use of the LIV Residential Platform following the effective date constitutes acceptance of the amended or supplemented
Terms of Use.
3. User Account
- 3.1 Users may create an Account via the website www.livresidential.nl, which is part of the LIV Residential Platform. With an Account, Users may register for viewings, upload and download documents, create a profile,
save favourites, view and manage the Property Listings, configure alert notifications, ask questions to and receive messages from LIV Residential, and access services provided by Service Providers.
- 3.2 The User must complete all required information truthfully and in full when creating the Account and is responsible for the accuracy of the information provided.
- 3.3 The User is obliged to keep their password confidential and is liable for any use of their account by unauthorised third parties, regardless of whether such use was authorised by the User.
- 3.4 The User must refrain from unauthorised use of the LIV Residential Platform and conduct themselves in accordance with what LIV Residential may reasonably expect from a diligent user. In particular, the User shall
not:
- 3.4.1 Infringe any Intellectual Property Rights of LIV Residential, its Suppliers, Service Providers, or third parties;
- 3.4.2 Attempt to gain unauthorised access to the LIV Residential Platform;
- 3.4.3 Distribute viruses or other harmful software via the LIV Residential Platform;
- 3.4.4 Misuse data or information belonging to other Users, Suppliers, Service Providers, or third parties;
- 3.4.5 Alter, delete, render unusable, make accessible or otherwise use data in violation of the law or these Terms of Use;
- 3.4.6 Engage in activities that could harm the systems or software of LIV Residential or its Suppliers.
- 3.5 By registering as a Rental Applicant and/or Tenant, the User confirms that they have legal capacity and agree to:
- i) Not use the LIV Residential Platform if under the age of 16;
- ii) Refrain from restricting or hindering others in their use (or misuse) of the LIV Residential Platform;
- iii) Avoid accessing (personal) data not intended for them;
- iv) Not engage in unlawful acts such as introducing viruses or sending spam which may threaten the continuity or usability of the LIV Residential Platform;
- v) Comply with applicable laws, including those relating to intellectual property, privacy, and advertising;
- vi) Act in a way that protects the integrity and reputation of LIV Residential;
- vii) Fulfil payment obligations and other commitments as agreed with LIV Residential and/or its Service Providers;
- viii) Acknowledge that LIV Residential is under no obligation to monitor, edit, or remove the content of a published profile;
- ix) Grant LIV Residential a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content (e.g., images, videos) uploaded to the platform, depending on the privacy and
application settings chosen. This licence terminates once the IP content is lawfully deleted;
- x) Understand that the Account and login credentials are strictly personal and must not be shared with others. Passwords must remain confidential;
- xi) Take immediate reasonable measures to prevent misuse if login credentials are lost or disclosed. This includes changing the password and possibly blocking the Account. The User must also promptly notify LIV
Residential for further safeguarding;
- xii) Acknowledge that failure to comply with the law, these Terms of Use, or the terms of any (Sub)Supplier may result in immediate measures by LIV Residential, including (but not limited to):
- (1) Blocking access or restricting certain features. LIV Residential accepts no liability for damages resulting from such actions;
- (2) Reporting any breaches to the relevant authorities;
- (3) Seeking compensation for damages caused by violations of these usage rules.
4. Formation of a Tenancy Agreement
- 4.1 Use of the LIV Residential Platform, including requesting a viewing of a Rental Property, is generally free of charge and non-binding, unless expressly stated otherwise in writing.
- 4.2 The User cannot derive any rights from their use of the LIV Residential Platform.
- 4.3 LIV Residential grants Users a non-exclusive, non-transferable, and non-sublicensable right to use the LIV Residential Platform, provided that they comply with these Terms of Use, and for the duration of the
agreement between LIV Residential and the User.
- 4.4 Through the LIV Residential Platform, Users may request a viewing of a Rental Property. LIV Residential will process such requests as quickly as possible. The viewing may be conducted either by LIV Residential
itself or by a third party affiliated with LIV Residential. LIV Residential cannot guarantee that a viewing will take place.
- 4.5 To be eligible for a Rental Property from LIV Residential, the User must meet the Rental Conditions. The required documents must be submitted by the User through the online application made available by LIV
Residential. Where necessary, the User will receive a link to create an account for this application. Separate terms and conditions may apply to the use of this document submission application.
- 4.6 All personal data of the Rental Applicant or Tenant will be processed by LIV Residential in accordance with the General Data Protection Regulation (GDPR), in a fair and careful manner. Please refer to LIV
Residential’s privacy and cookie statement for more information. If the User provides personal data to LIV Residential, such as name and email address, the privacy and cookie statement shall apply. LIV Residential
recommends that Users read this statement carefully before submitting any data. The conclusion and signing of the tenancy agreement generally take place via a digital signature tool. LIV Residential undertakes only a
best-efforts obligation and cannot guarantee that a tenancy agreement or transaction will be concluded. LIV Residential does not vouch for the legal capacity, quality, or safety of Users, nor for the condition or
quality of the Rental Property.
5. Intellectual Property Rights
- 5.1 All Intellectual Property Rights related to the software, domain name, the LIV Residential Platform or any parts thereof – including the content published on it – are owned by LIV Residential and/or its
Suppliers.
- 5.2 Users are permitted to use the contents of the LIV Residential Platform solely for personal, non-commercial purposes. Users are strictly prohibited from copying, modifying, distributing, transmitting, reproducing,
reusing, sharing with third parties, or using any material provided through the platform for commercial purposes, in whole or in part, without prior written permission from LIV Residential. Users have no right to
access or request source files of the platform or the app, except where mandatory legal provisions dictate otherwise.
- 5.3 LIV Residential may implement (technical) measures to protect the LIV Residential Platform. If such protective measures are in place, the User is prohibited from bypassing or removing them.
- 5.4 Users are not permitted to remove or alter any indication of Intellectual Property Rights or confidential nature appearing on the LIV Residential Platform or in the app.
- 5.5 The control over the Data remains with the User. The User grants LIV Residential a usage right to the Data only to the extent necessary for the delivery of services within the context of the LIV Residential
Platform.
- 5.6 Certain areas of the LIV Residential Platform allow Users to publish their own content. LIV Residential cannot pre-screen this content and is therefore neither responsible nor liable for it. LIV Residential
reserves the right to shorten, modify or remove such content at any time.
- 5.7 If the User fails to comply with the permitted use and restrictions outlined in this article, LIV Residential reserves the right to recover any resulting damages from the User.
6. Limitation of Liability and Platform Maintenance
- 6.1 LIV Residential endeavours to make the LIV Residential Platform available as consistently as possible, but does not guarantee uninterrupted availability. The User acknowledges that LIV Residential is also dependent
on its Suppliers and the services of its Service Providers.
- 6.2 LIV Residential excludes all liability for any form of damage resulting from the Platform being unavailable and/or from the inability to use it temporarily or otherwise, either in full or in part, or from improper
functioning of the LIV Residential Platform.
- 6.3 LIV Residential and/or its Supplier(s) actively maintain the LIV Residential Platform. Maintenance activities are carried out, where possible, during times when the platform and app are less frequently used.
Emergency maintenance may be performed without notice and at any time.
- 6.4 If, in LIV Residential’s opinion, there is a threat of disruption, damage, or other danger to the functioning of its systems or network – or those of third parties – particularly due to excessive access requests,
data breaches, or malware activity, LIV Residential is entitled to take all measures reasonably necessary to prevent or avoid such danger. These measures may result in limited availability of the LIV Residential
Platform.
7. LIV Premium Subscription
- 7.1 A LIV Premium Subscription is formed between the User and the LIV Residential Platform following successful payment for upgrading a free Account to a LIV Premium Account via the LIV website or the LIV application.
- 7.2 The cost of the LIV Premium Subscription (including VAT) and the associated features are listed on the official LIV Residential platform page. LIV Residential reserves the right to index the subscription price
annually based on the monthly price index according to the Consumer Price Index (CPI), all households series (2015=100), published by the Dutch Central Bureau of Statistics (CBS). If CBS discontinues the publication of
this index or changes its calculation method, a comparable index will be used. Any price adjustment will be communicated via the platform at least 30 days before its effective date. If the subscription fee changes due
to indexation, the User has the right to cancel the subscription immediately and free of charge. This specific right of cancellation automatically expires if the User does not cancel in writing or via the platform
before the new pricing comes into effect. Failure to cancel on time will be deemed acceptance of the adjusted price. All prices stated in this article include VAT, unless explicitly stated otherwise.
- 7.3 Upon successful payment, the User is entitled to a 14-day cooling-off period during which the subscription may be cancelled free of charge and without stating a reason (right of withdrawal). Cancellation within
this period may be done via the User’s Account or by using the withdrawal form available within the LIV Residential Platform.
- 7.4 By subscribing to LIV Premium, the User agrees to a continuous payment obligation. The subscription is automatically renewed on a monthly basis unless cancelled by the User no later than the final day of the current
subscription month. LIV Premium can be cancelled on a monthly basis with a one-month notice period. The User may cancel the subscription through their Account or by clicking here .
- 7.5 Subscription fees are collected by direct debit via the payment provider of the LIV Residential Platform. By subscribing, the User consents to the automatic debit of the subscription fee. Unless stated otherwise,
the fee is debited during the current month. The User must ensure sufficient funds are available. If the direct debit fails and payment is not made within the statutory 14-day reminder period, LIV Residential reserves
the right to terminate the agreement. The User remains liable for paying the subscription fee for any period in which the LIV Premium Account was active and available.
- 7.6 By purchasing a LIV Premium Subscription, the User acknowledges that it does not guarantee the successful rental of a suitable property. The LIV Premium Subscription is solely intended as a supportive tool in the
property search process and no (priority) rights can be derived from it.
8. Miscellaneous
- 8.1 Any agreements deviating from these Terms of Use shall only be valid if confirmed in writing by LIV Residential.
- 8.2 Should any provision of these Terms of Use be declared invalid by a competent court, the validity of the remaining provisions shall remain unaffected.
- 8.3 These Terms of Use, and any agreements arising therefrom, are governed exclusively by Dutch law.
- 8.4 The competent court in Amsterdam shall have exclusive jurisdiction, unless mandatory legal provisions dictate otherwise.
- 8.5 LIV Residential reserves the right to assign its rights and obligations under these Terms of Use, in whole or in part, to any third party that acquires the LIV Residential Platform, the LIV Residential App, or its
business activities in whole or in part.
9. Questions / Complaints
- If you have any questions, comments or complaints, or experience any issues while using the LIV Residential Platform, please contact us by email at info@livresidential.nl. LIV Residential aims to respond as quickly as possible, and in any
event within seven (7) days of receiving your message.