1.1. Account: a User's (optional) personal accounts that allows him or her to access certain functionalities of the LIV Residential platform, including – without limitation – the alert function and
marking properties as favourites;
1.2. Data: all data stored by Users via the LIV Residential platform and the LIV Residential app;
1.3. User: both visitors to the LIV Residential platform and Rental Candidates, and users of the LIV Residential app;
1.4. Conditions of Use: these conditions of use;
1.5. Rental Candidate: a User who has shown interest in a Rental Property via the LIV Residential platform;
1.6. Rental Property: immovable property that, according to applicable laws and regulations, is (partly) suitable for use as rental housing;
1.7. Intellectual Property Rights: all intellectual property rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights,
neighbouring rights, patent rights as well as rights to know-how.
1.8. LIV Residential: OCP Asset Management B.V., established at Generaal Vetterstraat 74 (1059 BW) in Amsterdam, and registered with the Chamber of Commerce under number 69408645. As part of OCP Asset
Management
B.V., LIV Residential is the operator of the LIV Residential platform and the LIV Residential app, and the offeror of Rental Properties.
1.9. LIV Residential app: the mobile community application that enables tenants, to – among other things, though not exclusively – communicate with each other, and submit repair requests with regard to
the property to the landlord, which is made available by LIV Residential or its supplier(s).
1.10. LIV Residential platform: an online platform on which house hunters are put in touch with offerors of rental properties via the website www.livresidential.nl.
1.11. Housing Offer: the database of available Rental Properties that can be systematically searched via the LIV Residential platform.
Article 2 | Agreement, applicability and changes
2.1. By using the LIV Residential platform or creating an Account, Users enter into an agreement with LIV Residential under the following terms and conditions.
2.2. The agreement commences as soon as the User uses the LIV Residential platform or registers to create an Account, and will subsequently run for an indefinite period of time Users may terminate the agreement at any
time, without having to observe a notice period. Users terminate the agreement by no longer using the LIV Residential platform or cancelling the Account created.
2.3. These Conditions of Use apply to any use of the LIV Residential platform (whether via a computer, mobile device or any other software application), and to all associated services offered on the LIV Residential
platform.
2.4. The LIV Residential app is provided by one or more suppliers of LIV Residential. Separate conditions of use may apply to the use of the LIV Residential app. Users enter into a separate agreement with the
supplier(s) of the LIV Residential app for the use of the app. While LIV Residential is not a party to this agreement, it makes every effort to ensure that the relevant supplier will deliver the app to the User with
due care and craftsmanship.
2.5. By using the LIV Residential platform, Users agree to these Conditions of Use. Furthermore, LIV Residential's Privacy and Cookie Statement regarding the use of personal data applies.
2.6. Rental Candidates who respond to a Rental Property through the LIV Residential platform implicitly indicate that they are legally authorised to do so.
2.7. LIV Residential may amend or supplement these Conditions of Use from time to time. Amendments also apply to agreements already entered into, subject to a notice period of thirty (30) days following the
announcement of the amendment. Users who do not wish to accept a change or addition may give notice to terminate the agreement until the date it takes effect. Use of the LIV Residential app and/or the LIV Residential
platform after its entry into force constitutes acceptance of the amended or additional terms and conditions.
Article 3 | The Account
3.1. Users can register to create an Account, and subsequently use the Account to use certain functionalities of the LIV Residential platform, including – without limitation – the alert function and marking properties
as favourites.
3.2. An Account and the login details are strictly personal and must not be shared with any other person. In particular, the User must keep the password strictly confidential.
3.3. If login details of an Account have been lost or leaked, the User will immediately take all measures that are reasonably required and desirable to prevent abuse of the Account. These measures may – for example –
consist of changing the password or blocking the Account. The User must also immediately notify LIV Residential, to enable possible additional measures to be taken to prevent abuse of the Account.
Article 4 | Formation of a rental agreement
4.1. Unless provided otherwise in writing, the use of the LIV Residential platform, including a request to view a Rental Property, is – in principle – without obligation and free of charge.
4.2. The User cannot derive any rights from the use of LIV Residential platform.
4.3. Via the LIV Residential platform, LIV Residential grants Users a non-exclusive, non-sublicensable and non-transferable right of use, provided that, for the duration of the agreement between LIV Residential and the
User, they comply with these Conditions of Use.
4.4. On the LIV Residential platform, Users can request to view a Rental Property. LIV Residential will process this application as soon as possible. The viewing will be carried out by LIV Residential itself, or
outsourced to a third party affiliated with LIV Residential. LIV Residential cannot guarantee that a viewing will take place.
4.5. In order to qualify for a LIV Residential rental property, the Rental Requirements must be met. Users submit the required documents via the online application made available for this purpose through LIV
Residential. Where necessary, LIV Residential will send the User a link to create an account for the relevant online application. Separate terms and conditions may apply to the use of the document submission
application.
4.6. LIV Residential will process all the Rental Candidate's data in a proper and careful manner, in accordance with the General Data Protection Regulation (GDPR). Please read LIV Residential's privacy and cookie
statement for additional information.
4.7. The formation and signature of a rental agreement takes place via the online application Docusign or Evidos' online application (ondertekenen.nl).
4.8. LIV Residential has a best-efforts obligation only, and cannot guarantee that a rental agreement and transaction will be formed. It does not guarantee the competence, quality or Users' safety, nor the quality of
the Rental Property.
Article 5 | Intellectual Property Rights
5.1. All Intellectual Property Rights in the software, the domain name of the website, the LIV Residential platform and the LIV Residential app, and components thereof, including the posted content belong to LIV
Residential and/or its suppliers.
5.2. Users are only allowed to use the content of the LIV Residential platform and the LIV Residential app for their own, non-commercial use. Without LIV Residential's prior written permission, Users are forbidden from
otherwise copying, modifying, distributing or disseminating the material made available, or reproducing and reusing it, providing it to third parties or using it for commercial purposes, in full or in part, in any way.
Except in the cases permitted by mandatory law, Users are not entitled to a copy of the source files of the platform or the app.
5.3. LIV Residential may take or have third parties take technical or other measures to protect the LIV Residential platform and the LIV Residential app. Where LIV Residential has implemented such security measures,
the User may not remove or circumvent that security.
5.4. The User is not permitted to remove any notice of Intellectual Property Rights from the LIV Residential platform or the LIV Residential app, or modify such notice. Removing notices regarding their confidential
nature from the platform or app is not permitted either.
5.5. The User will be and continue to be in control of the Data. The User grants LIV Residential a right to use the Data to the extent necessary for the provision of the services within the framework of the LIV
Residential platform and the LIV Residential app.
5.6. If the User fails to comply with the above-mentioned permitted use and restrictions, LIV Residential reserves the right to recover any loss resulting from such unauthorised use from the User.
Article 6 | Misuse of the LIV Residential platform or app, and consequences
6.1. The User is forbidden from using the LIV Residential platform or the LIV Residential app in contravention of Dutch law or other than as described in these Conditions of Use, or as described in any separate terms
and conditions of suppliers that apply to the use of the LIV Residential app.
6.2. Users should behave as befits careful internet users.
6.3. If the User fails to act in accordance with the law, these Conditions of Use or other terms and conditions of suppliers, or otherwise misuses the LIV Residential platform or the LIV Residential app, LIV
Residential may take immediate action, which includes, without limitation:
a) excluding the relevant User from the services of the LIV Residential platform, blocking access or limiting certain functionalities for this User. LIV Residential will not be liable for any loss of any kind
suffered
by Users – directly or indirectly – as a result of such acts.
b) LIV Residential may report observed facts to the designated authorities;
c) LIV Residential may recover any loss resulting from violations of the Conditions of Use from the relevant User.
Article 7 | Availability and maintenance
7.1. LIV Residential endeavours to keep the LIV Residential platform and the LIV Residential app available as much as possible, but does not guarantee uninterrupted availability. Users acknowledge that, in this regard,
LIV Residential also depends on its suppliers.
7.2. LIV Residential and/or its supplier(s) actively maintain the LIV Residential platform and the LIV Residential app. To the extent possible, maintenance will be carried out at a time when platform and app usage is
relatively limited. However, urgent maintenance can be carried out without prior notice, and at any time.
7.3. If, at the discretion of LIV Residential, the operation of the systems or network of LIV Residential or third parties is hindered, harmed or otherwise at risk, in particular as a result of excessive consultation
of the platform or app, the leaking of personal data or other details, or malware activity or other harmful software, LIV Residential will be authorised to take any reasonable measures that it deems necessary to avert
or prevent such risk. This may result in limited availability of the LIV Residential platform or the LIV Residential app.
Article 8 | Liability
8.1. LIV Residential has compiled the information on the LIV Residential platform, including – without limitation – the information about a Rental Property, with great care. Nevertheless, the User cannot derive any
rights from the information on the LIV Residential platform.
8.2. Users do not owe a fee for the use of the LIV Residential platform and the LIV Residential app. For this and other reasons, LIV Residential cannot reasonably accept liability, except in the event of intent or
deliberate recklessness on the part of LIV Residential's management. This means – inter alia – that LIV Residential will not be liable for loss suffered by Users as a result of:
a) use the services of the LIV Residential platform;
b) incorrect information on the LIV Residential platform;
c) technical failure or any other circumstance that may cause the LIV Residential platform to be permanently or temporarily down, and/or not fully consultable;
d) changes to LIV Residential's services;
e) changes to the LIV Residential platform; and
f) the content of third-party services and/or information offered via the LIV Residential platform in any way.
8.3. In the event of force majeure, LIV Residential will under no circumstances be liable for compensation of any loss suffered as a result. Force majeure includes power failure, failures in the internet or the
telecommunications infrastructure, attacks on the network, (D)DoS attacks, attacks using malware or malicious software, domestic unrest, mobilisation, war, strikes, business interruptions, supply delays, fire and
floods.
Article 9 | Other
9.1. Agreements derogating from these Conditions of Use are only valid if agreed upon with LIV Residential in writing.
9.2. If one or more provisions of the Conditions of Use are declared invalid by a competent court, this will not affect the validity of the remaining provisions of these Conditions of Use.
9.3. These Conditions of Use, and any agreements resulting therefrom, are exclusively subject to Dutch law. Unless mandatory law provides otherwise, the court in Amsterdam will have exclusive jurisdiction.
9.4. LIV Residential is entitled to transfer its rights and obligations under these Conditions of Use to any third party that takes over the LIV Residential platform, the LIV Residential app or LIV Residential's
business.
Article 10 | Complaints and support
10.1. If you have any questions, comments or complaints, or experience any problems using the LIV Residential platform, please contact us via email info@livresidential.nl. LIV Residential aims to respond as soon as
possible, and no later than within 7 days of receipt of your e-mail.