Article 1 | Definitions:
- 1.1. LIV Residential Platform: an online platform where people seeking homes are put into contact with those offering Rental Homes through the website < www.livresidential.nl>. The Platform is owned by OCP Residential B.V., having its registered office at Minervalaan 63 in (1077 NR) Amsterdam, the Netherlands, hereinafter: ‘OCP’. As part of OCP, LIV Residential manages the LIV Residential Platform and offers Rental Homes;
- 1.2. User: both visitors to the LIV Residential Platform and Prospective Tenants;
- 1.3. Rental Home: property which, under the applicable laws and regulations, is also suitable for use as rental housing;
- 1.4. Prospective Tenant: a User who has expressed interest in the Rental Home through the LIV Residential Platform;
- 1.5. Available Housing: the systematic, searchable pool of available Rental Homes through the LIV Residential Platform.
Article 2 | Applicability
- 2.1. These user terms (‘User Terms’) will apply to any use of the LIV Residential Platform (both through computers and mobile devices or any other software application) and to any associated services offered on the LIV Residential Platform.
- 2.2. By using the LIV Residential Platform, the User will thereby agree to these User Terms. LIV Residential’s Privacy Statement will also apply to the use of personal data.
- 2.3. If a Prospective Tenant responds to a Rental Home through the LIV Residential Platform, he/she will thereby implicitly indicate that he/she is duly authorised to do this.
- 2.4. These User Terms may unilaterally be modified from time to time. Users should therefore consult them regularly.
Article 3 | Formation of an agreement
- 3.1. Unless otherwise stated in writing, use of the LIV Residential Platform, including a request to view a Rental Home, will in principle not create any obligations and will be free of charge.
- 3.2. Users may not derive any rights from using the LIV Residential Platform.
- 3.3. Through the LIV Residential Platform, LIV Residential will provide a non-exclusive right of use to Users, provided they comply with these User Terms.
- 3.4. On the LIV Residential Platform, Users may ask to view a Rental Home. LIV Residential will process the request as soon as possible. The viewing will be conducted by LIV Residential itself or outsourced to a third party which is affiliated with LIV Residential. LIV Residential cannot guarantee that there will be a viewing.
- 3.5. To qualify for a Rental Home of LIV Residential the Rental conditions must be met. Any data for the Prospective Tenant will be processed properly and with due care in accordance with the General Data Protection Regulation.
- 3.6. A lease will be formed through the online application Docusign.
- 3.7. LIV Residential will only have a best‑efforts obligation and cannot guarantee that a lease and transaction will be effectuated. It will not warrant the Users’ authority to act or the quality and safety of the Users, nor the quality of the Rental Home.
Article 4 | Intellectual property rights
- 4.1. Any database rights, copyrights or other intellectual property rights to the software, the domain name of the website <www.livresidential.nl>, the LIV Residential Platform or portions thereof, including the posted content, will be held by OCP and/or its suppliers.
- 4.2. Users may only use the content of the LIV Residential Platform for their own, non‑commercial use. Users may not, in whole or in part, copy, change, distribute or disseminate the material furnished, reproduce or reuse it in any way, provide it to third parties or utilise it for commercial purposes without LIV Residential’s prior written permission.
- 4.3. If the User does not adhere to the aforementioned use or limitations, LIV Residential reserves the right to recover from the User any damage ensuing from the impermissible use.
Article 5 | Misuse of the Platform and consequences
- 5.1. The User may not use the LIV Residential Platform except as described in these User Terms.
- 5.2. Users must act as prudent internet users.
- 5.3. If a User does not act in accordance with the law, these User Terms, or suppliers’ other terms and conditions, or otherwise misuses the LIV Residential Platform, LIV Residential may take immediate measures, including, but not limited to:
- a) excluding the User concerned from the LIV Residential Platform’s services, blocking the User’s access or limiting certain functionalities for the User. OCP will not be liable for any direct or indirect damage to Users ensuing from such actions;
- b) OCP may report facts which are observed to the designated authorities;
- c) OCP may recover from the User concerned any damage ensuing from the unreasonable use.
Article 6 | Limitation on liability
- 6.1. LIV Residential has put together with great care the information on the LIV Residential Platform, including, but not limited to, the information about Rental Homes. Nonetheless, the User may not derive any rights from the information on the LIV Residential Platform.
- 6.2. OCP will exclude any liability for damage which the User suffers from:
- a) using the LIV Residential Platform’s services
- b) inaccurate information on the LIV Residential Platform;
- c) technical breakdowns or other circumstances causing the LIV Residential Platform to be non‑operational and/or not fully accessible (temporarily or otherwise);
- d) changes in OCP’s and/or LIV Residential’s services;
- e) changes in the LIV Residential Platform;
- f) the content of the services and/or information by third parties offered in any way through the LIV Residential Platform.
Article 7 | Miscellaneous
- 7.1. Agreements which differ from these User Terms will only be valid if agreed on in writing with OCP.
- 7.2. If one or more provisions of the User Terms are declared invalid by a competent court, this will not affect the other provisions of these User Terms.
- 7.3. These User Terms and any agreements ensuing from them will solely be governed by Dutch law. The Amsterdam District Court will have exclusive jurisdiction.
Article 8 | Complaints
For questions, comments or complaints, you can contact LIV Residential by e-mail (firstname.lastname@example.org). LIV Residential will try to respond to your-e‑mail as soon as possible, but in any event within seven days after receiving it.