Terms of Use

Last Updated: February 1, 2017

Definition

Welcome to myBrick.ch!

myBrick services (described as the “service”, “site”, “platform” or “website”) are operated by myBrick S.A., Swiss registered company ("the company," "we," “our”, or "us"). A “user” or "users" (“you”, “he” or “she”) means anyone who accesses and/or uses our site. An “investor” means any user who has invested in a property on the site and has been granted access to the investor’s section of the site.

By accessing our website at www.mybrick.ch, including any of its subdomains, the user accepts that he/she has read, understood and agreed to be bound by these terms and conditions of use ("Terms of Use"), regardless of whether he/she are a registered member of the service.

This document defines the Terms of Use of the myBrick. It constitutes a legal document between you, user of the site, and myBrick, the operator of the site. In addition to these Terms of Use, you may be offered to enter into other agreements with us that will be governed by the use of our services.

Eligibility

myBrick and its services are intended solely for users who are eighteen (18) years of age or older, and any registration by, use of or access to the site by any person under 18 is unauthorized and in violation of these Terms of Use. By accessing and using the site, you represent and warrant that you are 18 or older and that you agree to and will abide by all of the terms and conditions of this Terms of Use.

Disclaimer

myBrick is a real estate crowdfunding site organized as a marketplace where investors meet real estate investment opportunities. myBrick acts as an intermediary between investors and property sellers. Under no circumstances the company guarantees the performance results of real estate investment opportunities displayed on the site.

By accessing and using this service, you accept that you understand and are aware of the following points:

• myBrick is not responsible for the conduct, whether online or offline, of any user of the site and services. The company cannot guarantee any specific results from use of the site and/or the service.
• myBrick may be temporarily unavailable for maintenance or other reasons. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications, whether online or offline.
• myBrick is under no circumstances responsible for any loss or damage, including any loss or damage to any user content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the site or the service, whether online or offline.
• myBrick and its services do not design and provide any investment, legal or tax advice. It is the responsibility of any user to ensure that they understand the risks associated to real estate investment and that they have taken the necessary steps to do their own due diligence prior to make any investment through the site or the service.
• myBrick is not a financial intermediary and do not handle the financial transactions resulting to the acquisition of a property. Under no circumstances, myBrick will require any user or investor to pay, send or transfer their investment funds to myBrick or any of its affiliates’ accounts. All investment funds required for the acquisition of a property will be handled offline, and the funds will be sent into the specific acquired property’s shareholders’ account.
• myBrick reserves the right to change any content contained in the site and any services offered through the site at any time without prior notice.

Intellectual Property

“Content” refers to any proprietary logo, text, graphic, layout, image, icon, video and sound clip, copyrights, trademarks, technology, processes, source code, trade secret, software and data compilations displayed on the site and its services.

All contents used in the site and the services are the property of myBrick S.A. or third parties that are protected by Switzerland and international intellectual property laws.

Unless you have received express written permission from myBrick, you do not have the right to use the myBrick content for any commercial use or to receive any monetary or other compensation in connection with myBrick site and services. Except as expressly provided by this agreement, your use of the myBrick proprietary content is strictly prohibited.

myBrick and/or its services may contain proprietary content (such as logos, information, quotations and trademarks) provided by a third party company. Users do not have the right to use the third party’s proprietary content for any commercial use or to receive any monetary or other compensation in connection with the third party. Unless the third party has granted you written permission to do so, the use of the third party’s proprietary content is strictly prohibited.

Responsibilities

You are solely responsible for your interactions with other users of the site. We reserve the right, but have no obligation, to monitor disputes between you and other users and investors of the site. By using the site or its services, you represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful.

User’s Responsibilities

As a user of the site and/or its services;

• You agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
• You further agree not to harvest or collect email addresses or other contact information of users from the service or the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• Additionally, you agree not to use automated scripts to collect information from the service or the site or for any other purpose.
• You agree that you may not use the service or the site in any unlawful manner or in any other manner that could damage, disable, overburden.
• You agree not to use the service or the site to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• You agree not to use the service or the site to register for more than one investor account, register for an investor account on behalf of an individual other than yourself, operate a user account on behalf of or for the benefit of any person who is not eligible to register for or operate a user account in their own name, or register for a user account on behalf of any group or entity;
• You agree not to use the service or the site to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your identity, your age, your documents, your credit history, or your affiliation with or authority to act on behalf of any person or entity;
• You agree not to use the service or the site to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to use the service or the site to upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identification numbers and credit card numbers;
• You agree not to use the service or the site to solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any user;
• You agree not to use the service or the site to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another user.

Our Rights and Responsibilities

For the proper management of the site, myBrick may at any time:

• Suspend, interrupt or restrict access to all or part of the site, reserve access to the site, or certain parts of the site, to a specific category of users;
• Remove any information that might disrupt its operation or contravene Swiss or international laws;
• Remove advertisements contrary to the conditions governing the use of the site;
• Suspend the site for updates.

Investment Risks

The use of the site and/or its services is at your sole risk and is for any user or investor who understands economic and investment risks and is willing to bear the consequences of those risks.

Any investment opportunity displayed on this site are mostly suitable for investors who are familiar with and willing to accept the risks associated with private real estate investments. By using the site or its services, you acknowledge and agree that:

• You have some experience investing in investments of this type offered through the site, including, without limitation, real estate, equities, notes and other securities;
• You understand that all of the investments offered through myBrick and its services are inherently risky, and you understand the risks associated with each real estate investment opportunity;
• You understand and are comfortable with the risk of losing a part of or the whole of an amount invested;
• You further acknowledge and agree that investing in private placements carries with it low liquidity concerns and long-term commitments and that the shares of myBrick properties sold through private placements are not publicly traded;
• You understand that as an investor of this site and/or its services, you may acquire investments that may be subject to holding period requirements.

For more information, please carefully read the page “Risks” of the site.

Fees & Payments

First of all, it is free of charge to access myBrick.ch! - If a user decides and explicitly express the willingness to invest in a property investment displayed and available on the site, after the submittal and approval of all the user’s required documentations (identification information and documents, solvency and credit documents, etc…), the user will be subject to a service fee of 2-3% of the investment amount pledged by the user, that guarantees the availability of the investment. - after signing the documents and returning them, If a user decides to retract from an investment opportunity before the deadline and/or the completion of the fund raising for the acquisition of the property, the 2-3% service fees + VAT are nonrefundable. - If the campaign is canceled or withdrawn, all 2-3% service fees + VAT already paid by interested investors will be refunded. - The investment funds explicitly pledged by any user, submitted through the investment form, to purchase a stake in a specific property investment opportunity, will be requested only via bank wires and will not be processed at any time by myBrick.ch. - Under no circumstances, myBrick will require any user or investor to pay, send or transfer their investment funds to myBrick or any of its affiliates’ accounts. All investment funds required for the acquisition of a property will be handled offline, and the funds will be sent to a specific notary account to complete the transaction. - As a user, you agree to pay to myBrick all applicable service fees for the services purchased on or through the site or service under your account for such services (including any applicable taxes). - As an investor of one or more properties, you will receive all payments through bank wire transfers using the bank account information you provide to us. You agree to provide myBrick updated information regarding your bank account upon myBrick’s request and at any time that the information earlier provided is no longer valid. - myBrick may change the fees for the use of the service, or any service or feature provided thereon, or add new fees or charges, at any time. For any change in fees for services purchased under your account, myBrick will send you a notice of such change in advance of such change (via email or a message posted on the site).

Governing Law & Arbitration

By accessing and using the site and/or its services, you agree that the jurisdiction and laws of Switzerland will govern these Terms of Use. By using the site and/or its services, you agree to submit to personal jurisdiction in Switzerland for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter.

Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms of Use, or any breach thereof, shall be finally resolved by binding arbitration administered by an Arbitration court in Switzerland. The arbitration will be conducted in the French language.

Changes to the Terms of Use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the service or the site after we have made any such changes constitutes your acceptance of the new Terms of Use.

We may update these Terms of Use from time to time to reflect any changes in law or for any other reason. If we do update these Terms of Use, we will upload a new version to the site and as soon as you use the site after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms of Use that you have, or deemed to have, agreed to. If there is a conflict between any versions of the Terms of Use to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.

Privacy

Please see our Confidentiality page for more information on our privacy policy.

Questions

This Terms of Use along with the Confidentiality/Privacy Policy and any other legal notices published by myBrick on the site shall constitute the entire agreement between you and myBrick concerning the site and its services.

For any other inquiry or questions you may have, feel free to contact us at info[at]mybrick.ch or by postal mail at the following address:

myBrick SA
Avenue de Chailly 1
1012 Lausanne
Suisse