1.2 IDENTIFICATION OF THE PUBLISHER AND HOST
The Website is published and hosted by the company:
French Société par Actions Simplifiée (simplified joint-stock company) with share capital of €106 750
Paris Trade and Companies Registry B 432 379 949 79 949
Registered office: 65 rue Ordener 75880 Paris cedex 18
Intra-community VAT no.: FR84432379949
1.3 PUBLICATIONS MANAGER
The Website’s Publications Manager is Mr Betrand GSTALDER
1.4 CONTACT THE COMPANY
The User may contact the Company:
• by letter sent to: Belles Demeures – Service Clients - 65 rue Ordener 75880 Paris cedex 18
• by email: firstname.lastname@example.org
• by telephone: 01 56 77 56 77
• by fax: 01 56 77 56 78
every day from 9:00 a.m. to 6:00 p.m., excluding public holidays in France (call without surcharge).
For the purpose of these Terms, the words beginning with a capital letter will have the following meanings:
“Real Estate Partners”: refers to real estate professionals having signed an agreement with the Company for the publication of real estate rental and/or sales advertisements on the Website.
“Website”: refers to the interactive electronic service published and run by the Company, accessible in particular at the address www.bellesdemeures.com, from which it enables access to its Services.
“Server”: refers to a computer hosting an application service with a large amount of disk space on which files are stored.
“Website Server”: refers to the servers hosting the Website on which the Services made available to the User by the Company are installed and provided.
“Services”: refers to the services provided by the Company on its Website and described in article 4 of these Terms.
“User”: refers to any private individual accessing the Website for strictly personal use.
3. SCOPE OF APPLICATION, ACCEPTANCE AND AMENDMENT OF THE TERMS
These Terms aim at defining the terms and conditions by which the User benefits from the Services provided by the Company through its Website.
All of the Services provided by the Company and made available to the User are detailed on the Company’s Website.
The subscription, access or use of the Services implies unreserved and unrestricted acceptance of these Terms by the User.
The subscription, access or use of the Services implies unreserved and unrestricted acceptance of these Terms by the User.
4. ACCESS AND AVAILABILITY OF THE SERVICES
4.1 ACCESS TO THE SERVICES
The Services are unrestrictedly and exclusively accessible online on the Company’s Website.
4.2 AVAILABILITY OF THE SERVICES
The Company endeavours to ensure that its Services are available 24 hours a day and 7 days a week, independently of maintenance operations on the said Services and/or Servers and/or Website. In this respect, the Company is required to respect an obligation of means.
The Company reserves the possibility to amend or interrupt all or part of the Services, at any time, temporarily or permanently, without prior notice to the Users and without any right to compensation.
5. GUARANTEES – LIABILITY – FORCE MAJEURE EVENT
5.1 USER’S GUARANTEE
By accessing the Company’s Website, the User declares, guarantees and undertakes:
• to access and use the Website and the Services honestly, reasonably, without contradicting the provisions of these Terms and for a strictly personal use without any profit-making purpose;
• not to use devices or software other than those provided by the Company aiming at i) affecting or attempting to affect the correct running of the Website and/or Services that it contains ii) or at extracting, amending, consulting all or part of the Website even as a buffer or temporary memory, or for an individualised use;
• not to access and/or use the Website and/or the Services provided by the Company on the said Website for illegal purposes and/or with the aim of causing a prejudice to the Company’s reputation and brand image or more generally infringing the rights, in particular intellectual property rights, of the Company and/or third parties;
• not to market the Services and/or the access to the Services and/or the access to the Website directly or indirectly;
• not to reuse all or part of the Website and the Services that it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a way and/or with a medium that is not authorised by the Company;
• not to use the Services provided by the Company or the data to which the User may have access via the said Services and/or the Website for direct or indirect commercial purposes and/or for personal purposes in a way and/or with a medium that is not authorised by the Company;
• not to reproduce or represent all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the French Intellectual Property Code, or with a view to direct or indirect marketing in particular in relation to third parties;
• not to limit the access and use of the Website and/or Services;
• not to amend, including with buffer or temporary memory, any indication or element of the Services and/or content of the Website;
• not to infringe the terms of articles 323-1 to 323-7 of the French Penal Code penalising so-called “hacking”;
• not to use and/or make use of the electronic and/or postal details of other Users of the Website with a view to mass mailing for advertisement purposes by email or to engage in “spamming”.
In the event of breach of one of these obligations, and without this list being complete, the User acknowledges and accepts that the Company will be able to refuse access for the User to all or part of the Website, unilaterally and without prior notice.
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5.2 COMPANY’S GUARANTEE
The Company provides the User, through its Website, with access to a certain number of Services aiming at assisting the latter in relation to a real estate project.
The User is fully aware that the Company cannot in particular guarantee the outcome of:
• the real estate rental and/or sales advertisements that the User may consult on the Website;
• the answers given to the User further to the latter’s requests for contact with the Real Estate Partners having placed real estate rental and/or sales advertisements;
• the real estate financing offers that may be put to the User by the loan institutions or brokers contacted by the User via the Website;
• and more generally, the User’s particular needs.
Moreover, the Company cannot guarantee the quality of the approximate estimations of the real estate property that the User may calculate via the Services accessible on the Website with a view to putting his/her real estate up for sale.
The Company declines all liability regarding the reliability and/or relevance of the information provided by the Real Estate Partners and/or loan institutions on the Website – the said information is put online and communicated under their full responsibility.
The Company endeavours to put the Users into contact with the Real Estate Partners and the partner loan institutions of the Company offering their services via the Website.
Moreover, the Company does not guarantee any contractual relationship between the User and the said Real Estate Partners and/or partner loan institutions.
Finally, the Company does not perform a loan institution activity and limits its activity to simply putting the User into contact with its Real Estate Partners and the partner loan institutions or brokers of its Website; it cannot therefore be held liable for:
• the quality of the advice given by the Real Estate Partners and/or loan institutions to the User once they have been put into contact with each other through the Services;
• any positive or negative, tacit or explicit reply from a partner loan institution or broker to the User’s financing request;
• the correct performance of the mortgage between a partner loan institution or broker and the User;
• the complete lawfulness of the financing solutions offered by a partner loan institution;
• the lack of respect by the loan institution of the User’s choices as regards the use of the latter’s personal data.
5.3 LIMITED LIABILITY
The User is exclusively responsible for his/her use of the Website and Services which he/she accesses from the Website.
The Company may not, in any event, be held liable in the case of proceedings brought against the User who is guilty of an unsuitable use of the Website and/or its Services.
The User acknowledges and accepts, in this respect, that he/she shall deal personally with any claim or proceedings brought against the Company, due to the unsuitable use by the User of the Services and/or of the Website.
The Website may contain hypertext links redirecting Users to third-party websites.
In this respect, considering the evanescent nature of the content that may be included in these third-party websites, the Company’s liability may not be incurred in the event that content on the third-party websites infringes legal and/or regulatory terms in force.
In any event, the Company would not be held liable:
• in the event of unavailability of the Services for reasons such as faults in the public electricity network, defects in the cabled telecommunications networks, loss of connection to the internet due to public or private operators, in particular of the User, caused in particular by strikes, storms, earthquakes or any other cause with the characteristics of a force majeure event;
• in the event of use of the Services by a User in conditions that do not comply with these Terms;
• within the limits of the legislation in force, for any indirect damage including in particular losses of profit, data or any other loss of intangible assets, and even if the Company has been informed of such potential damage, that may arise (i) from the use of or impossibility to use the Services (ii) further to access to the said Services by an unauthorised User.
The Company may not be held liable for any defect of any kind whatsoever related to the User’s computer equipment and his/her access to internet, when accessing the Website and more generally the Services.
In particular, the Company may not provide any guarantees to the User of the Services regarding: • any problems that may be encountered by the User related to the speed of accessing the Websites and/or the speed of the buffer memory of the User’s computer for the videos that may be accessed via the Services;
• the quality of the texts, information, descriptions, photographs and video recordings enclosed with the real estate rental and/or sales advertisements published by the User and/or the Real Estate Partners and accessible through the Services.
5.4 FORCE MAJEURE EVENT
The Company’s liability may not be sought if the performance of one of its obligations is prevented or delayed due to a force majeure event as defined by case-law from the French courts, and in particular due to natural disasters, fire, defects or interruption of the telecommunications or electricity networks.
6. CLAIMS – TECHNICAL SUPPORT
For any technical information or information related to running the Services that may be accessed via the Website, the User may send a claim to the address indicated in article 1.4 of these Terms.
7. INTELLECTUAL PROPERTY
7.1 COPYRIGHT ON THE COMPANY’S WEBSITE
The Company is owner or licence holder of the intellectual property rights both of the general structure of the Website and of its content (texts, slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of Book 1 of the French Intellectual Property Code, any total or partial use, representation, reproduction, amendment and/or alteration of the Website and/or its content and/or the Services, by any means whatsoever and on any medium whatsoever, without the Company’s prior specific consent, is forbidden and constitutes a deed of copyright infringement.
Similarly, any unauthorised use of the Website and/or its content and/or the Services incurs the criminal and civil liability of the User on the grounds of copyright infringement.
The Company intends to disclose the Website and the Services in order to enable access to them on the internet:
• from a computer or equivalent terminal with access to one or several telecommunications networks enabling access to the internet and an internet browsing software (such as Internet Explorer, Mozilla, Firefox, etc.);
• from a telephone device with access to a telecommunications network enabling access to the internet (3G connection, Edge, etc.);
Any other use of the Website and/or Services is deemed as automatically reserved for the Company and constitutes an infringement of its right of disclosure on the Website and/or the Services.
7.2 DISTINGUISHING FEATURES
The trademarks, logos, corporate names, initials, trade names, brand names and/or domain names of the Company and/or its commercial partners indicated on the Website, enabling access to the Services provided by the Company, constitute distinguishing features that may not be used without their owner’s prior specific consent.
Any partial or total representation and/or reproduction and/or use of these distinguishing features is therefore prohibited and constitutes trademark infringement, in accordance with the provisions of Book 7 of the French Intellectual Property Code, usurpation of corporate name, trade name and domain name incurring the perpetrator’s tort liability.
The User acknowledges irrevocably that the Website and the Services are made up of one or several databases made available by the Company as producer of the said databases as stipulated in articles L.341-1 and thereafter of the French Intellectual Property Code.
Therefore, in accordance with the provisions of article L. 342-1 of the same Code, the User is forbidden from:
• extracting, by permanent or temporary transfer, all or a substantial part in quality or quantity of the content of one or several databases that may be accessed on the Website and/or the Services to another medium, by any means and in any way whatsoever, including for the purpose of using or consulting on a medium and/or process that is not authorised by the Company;
• reusing, by making available to the public, all or a substantial part in quality or quantity of the content of one or several databases that may be accessed on the Website and/or the Services, in any way whatsoever, including via a hypertext link, medium and/or process that is not authorised by the Company;
• creating, editing, maintaining, updating, importing, exporting a rival database from all or part of one or several databases of the Company or making such database available to third parties, free of charge or in return for payment, or taking part in the said deeds;
• displaying the Website and the Services on a screen via a process or medium other than those intended to be used by the Company as specified in article 9.1;
• generally speaking, any extraction, use, storage, reproduction, representation or conservation, whether direct or indirect, partial or total, including in a buffer or temporary memory, of a substantial part in quality or quantity of one or several databases of the Company, through one of the processes stipulated above, including through a support that is not authorised by the Company.
7.4 CONTENT OF THE SERVICES
The User acknowledges and accepts that access to the Website and Services made available to him/her by the Company will not entail any transfer or granting of a licence on the intellectual property rights whatsoever (in particular copyright) and other rights in favour of the User.
Access to the Services is exclusively limited to the User’s private and personal use in accordance with the terms and limits defined herein and in accordance with the provisions of article L.122-5 2° of the French Intellectual Property Code.
Thus, the User acknowledges and accepts that the private and personal use granted to the latter by the Company, as regards access to its Services, excludes in particular access to the Services with a view to a collective use of their content, the reproduction, representation, resale, exchange, rental, transfer to a third party, amendment, adaptation or correction of all or part of the Website, Services, and their content, whether free of charge or in return for payment.
7.5 HYPERTEXT LINKS
The Company’s liability may not be incurred by the hypertext links accessible on the Website, enabling access to the Services, towards other websites and generally towards all resources existing on the Internet.
The User may not, in any event, set up hypertext links to internal pages of websites, enabling access to the Services, through any technical process whatsoever aiming at overriding the User’s scope of identification or taking all or part of the content of the Services made available by the Company. The “framing” technique is prohibited, unless previously and specifically authorised by the Company.
8. PROTECTION OF PERSONAL DATA
8.1 PERSONAL DATA
8.1.1 Nature of the User’s personal data collected by the Company
The following information may be included in the User’s personal data collected by the Company:
• the User’s forename and surname;
• his/her postal address;
• his/her email address;
• his/her IP address (computer’s virtual address);
• his/her unique username and password.
8.1.2 Personal data processing
The User’s personal data is processed by the Company whose details are indicated in article 1.4 of these Terms.
8.1.3 Purpose of the processing
The User’s personal data collected from him/her and processed by the Company aims at enabling the Company:
• to draw up general statistics on the traffic of its Websites and the various sections that it contains;
• to send answers, various pieces of information or advertisements published on the Website by the Company or its Real Estate Partners by email to the User;
• to send newsletters by email to the User regarding developments on the Website and the various sections of the said Website;
• to send requests for information made by the User to third-party partners selected by the Company.
8.1.4 CNIL (French Data Protection Agency) declarations
In accordance with the provisions of law no. 78-17 of 6th January 1978 related to IT, files and freedom, amended by law no. 2004-81 of 6th August 2004, the User is informed that the customer files of the Company have been included in a declaration sent to the Commission Nationale de l'Informatique et des Libertés (CNIL) – French Data Protection Agency.
The Company undertakes to protect all of the User’s personal data, which has been collected and processed by the Company in complete confidentiality, in accordance with the above-mentioned law.
8.2 USER’S RIGHT TO OPPOSE, ACCESS, RECTIFY AND DELETE DATA
8.2.1 Right to oppose, access, rectify and delete data
In accordance with the terms of articles 38, 39 and 40 of law no. 78-17 related to IT, files and freedom of 6th January 1978, amended by law no. 2004-81 of 6th August 2004, the User may, at any time:
• oppose the processing of his/her personal data as part of the Services provided by the Company (article 38 of the IT and freedom law);
• oppose the communication of his/her personal data to third parties;
• access all of his/her personal data processed as part of the Services provided by the Company (article 39 of the IT and freedom law);
• rectify, update and delete his/her personal data processed as part of the Services provided by the Company (article 40 of the IT and freedom law).
8.2.2 Methods of exercising the User’s rights
In order to use these rights, the User must simply send a letter giving evidence of his/her identity (indicate surname, first names, email address and enclose a copy of ID papers) – in accordance with paragraphs 1 of articles 39 and 40 of law no. 78-17 related to IT, files and freedom of 6th January 1978, amended by law no. 2004-81 of 6th August 2004, - to the Company, at the address indicated in article 1.4 of these Terms.
8.3 SECURITY AND ARCHIVING OF THE USER’S PERSONAL DATA
The Company collects and processes the User’s personal data in complete confidentiality, respecting the provisions of law no. 78-17 related to IT, files and freedom of 6th January 1978, amended by law no. 2004-81 of 6th August 2004. The Company undertakes to take all reasonable measures required for ensuring the safety and protection of the personal data of the Users of its Website and of its Services, collected and processed by it. All of the User’s personal data is electronically archived by the Company, throughout the whole registration period of the User on the Website.
The Company may send commercial information to the User, or have commercial information sent by its service providers, by post and/or email, enabling the User to have more information on the Services published and run by the Company. Unless the User refuses to receive these newsletters, the Company reserves the right to use and communicate the personal data about the User to third parties, in particular market research firms or polling organisations, exclusively for the purpose of studies or analyses or to third parties for joint or other commercial offers sent by post and/or by email.
These cookies may not, at any time, enable the Company to identify the User personally. These cookies will be kept on the User’s computer for a maximum period of 13 months. The User is however informed of the latter’s possibility to oppose the registration of these cookies, in particular by setting up his/her internet browser to do so.
11. MISCELLANEOUS TERMS
11.1 CORRESPONDENCE - PROOF
Unless otherwise stipulated in these Terms, correspondence between the Company and the User will be exchanged exclusively by email. In accordance with articles 1316 and thereafter of the French Civil Code, the User acknowledges and accepts that the information provided by the Company by email and on its Website is binding between the User and the Company. The elements such as the time of receipt or issue, and the quality of the data received will prevail as a priority as indicated on the Company’s Website, or as authenticated by the Company’s computerised procedures, unless written proof to the contrary is provided by the User. The value of the proof of the information provided by the Company’s Website is that granted to an original document in paper format, signed by hand.
11.2 COMPLETENESS OF THE TERMS
These Terms set forth all of the obligations of the Company and of the User. The fact that one of the parties does not take advantage of a breach by the other party, of one of the obligations set forth herein, may not be interpreted for the future as a waiver of the obligation in question.
11.3 PARTIAL LACK OF VALIDITY
In the event that one or several provisions of these Terms may be considered as null and void, deemed as unwritten or declared as such in accordance with a law, regulation or further to a final ruling from a court with jurisdiction, the other provisions will maintain their effect and value and shall remain fully applicable, except if the invalid provisions are of substantial nature and if their removal should significantly affect the contractual balance.
In the event of interpretation difficulties between one of the headings of the clauses of these Terms and the content of the clause in question, the headings will be deemed as inexistent.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
These Terms are subject to French law. In the event of a dispute related to the application, interpretation, validity and performance of these Terms, and unless an out-of-court solution is reached by the parties, jurisdiction is granted specifically to the French courts.