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GENERAL TERMS AND CONDITIONS OF USE


ARTICLE 1 - OBJET




These general terms and conditions of use are intended to define the contractual relations between any User of the Website and NEXITY STUDEA.

These general terms and conditions of use are applicable to all Users who access and consult the Website.

Terms beginning with a capital letter are defined under article 2 "Definitions".



ARTICLE 2 - DEFINITIONS




For the purposes of these General Terms and Conditions of Use, those terms beginning with a capital letter will have the following meaning :

" Candidate " refers to any User registering with the Website to obtain a Personal Account and constitute a Lease File.

"Personal Account" refers to any individual account opened by a User on the Website, providing a surname, forename and email address and selecting a password.

Personal Accounts also require acceptance of these General Terms and Conditions of Use so as to be opened.

"General Terms and Conditions of Use" refers to these general terms and conditions of use.

"Lease File" refers to all documents and information to be sent by a Candidate for investigation of the application by the company.

"Manager" refers to any person who undertakes, in the event of default by the Candidate, to pay in lieu all debts arising during performance of the lease agreement.

"Server" refers to a computer hosting an application and with a large quantity of disc space where files are stored.

"Website Server" refers to servers hosting the Website on which all Services provided to the User are stored by the Company.

"Services" refers to all services accessible via the Website and notably access to Real-Estate Ads, personal areas and other tools or services proposed on the Website.

"Website" or "Internet Site" refers to the interactive electronic service published and operated by the Company, notably accessible at www.nexity-studea.com, from which you can access Products and Services.

"Company" refers to NEXITY STUDEA who is editor and owner of the Website.

"User" refers to any natural person who accesses the Website in the framework of strictly private use.



ARTICLE 3 - FUNCTIONS




This Service offers the following functions :

- Tools to assist searching: search engines, cartography
- The possibility of being called back, or completing a contact form
- A bilingual site in French and English
- A personal account to undertake online formalities in absolute confidence. The candidate may access online Services via his or her Personal Account (pre-reservation, file monitoring, favorites, availability alerts)
- A secure area to deposit justifications online, etc
- A FAQ section with a dynamic search engine



ARTICLE 4 - ACCEPTANCE - MODIFICATION OF THE TERMS AND CONDITIONS




The User confirms to have read, at the time of consulting and using the Website, these general terms and conditions on this screen and expressly confirms acceptance thereof without reservation.

These General Terms and Conditions may be amended, with those applicable being in force and accessible on the Company Website at the date when the User accesses the Website.

The User confirms to have the skills and resources necessary to access and use the Website, to have checked the IT configuration used by him or her and that it does not have any virus and is in proper working order.

Approvals are considered by the User as having the value of acceptance of pages consulted. Consequently, the User acknowledges to have been completely informed of the content of pages concerned when undertaking approval.



ARTICLE 5 - ACCESS AN AVAILBILIT OF THE SITE AND SERVICES




Services may be freely accessed online and on the Company Website.

The Company makes all best efforts to make the Services available 24 hours a day and 7 days a week regardless of the maintenance operations for said Services and/or on the Servers and/or Website.

Consequently, the Company is bound by an obligation of means.

The Company reserves the right to amend or suspend, at any time, temporary or permanently, the Services, in whole or in part, and/or the Website without having previously notified the Users and without any right to compensation, with the Company only being held liable for consequences resulting from such interruptions or modifications.

More widely, the Company reserves the right to make any modifications which it sees fit to the content of the Website, with information sent only being guaranteed as at the date of update of the Website indicated on the home page, with the User being responsible, after this date, to ensure the conditions offered are maintained.



ARTICLE 6 - IDENTITY OF ADVERTISERS




The Website brings together ads for the lease of NEXITY STUDEA properties, a subsidiary of Nexity Group. These properties primarily comprise apartments from studios to 2 bedrooms flats, individual or under shared lease, for the larger apartments.

NEXITY STUDEA operates and is responsible for the rental of these apartments via a lease agreement signed between the owner and NEXITY STUDEA.



ARTICLE 7 - LEGAL NOTICE




NEXITY STUDEA :

A Limited Company with share capital of 15,450,000 euros

Registered office: 19 rue de Vienne - TSA 10034 - 75801 Paris Cedex 08

SIREN 342 090 834 RCS PARIS

Represented by its Chief Executive Officer Mr Pascal PEDOUX and Deputy Managing Director Mr Gilles KARP.

APE Code : 6820B

NEXITY STUDEA has fulfilled the obligations set forth under law no. 70-9 of 2nd January 1970 and its implementing decree no. 72-678 f 20th July 1972 by possession of the following elements :

- Professional card no. CPI 7501 2016 000 005 503 issued by the Paris-Ile-de-France Chamber of Commerce and Industry on 25/03/2016 concerning "transactions on properties and businesses" and "real-estate management".

- Financial securities: CEGC " Socamab ": 16 rue Hoche, Tour Kupka B - TSA 39999, 92919 La Défense Cedex,concerning amounts and securities received for "real-estate management" and "transactions on properties and businesses"

- subscription of a professional indemnity insurance policy under no. 127 124 674 with MMA IARD and MMA IARD Assurances Mutuelles, having their registered offices at 14 boulevard Marie et Alexandre Oyon 72030 Le Mans CEDEX 9

- adhesion to ORIAS under no. 12 066 563 by virtue of its activities as an insurance broker

Intracommunity VAT no.: FR 01342090834



ARTICLE 8 - USE OF THE WEBSITE




The User hereby undertakes to use the Website pursuant to the provisions set forth under these General Terms and Conditions of Use.

It hereby undertakes not to use the Website :

- For any illegal purposes, contrary to public customs and manners,
- In breach of the provisions set forth under legislation or regulations applicable or rights of any third party,
- For purposes likely to cause losses or damage of any nature whatsoever.

The User also hereby undertakes as follows :

­ Not to use any mechanism which may have the object and/or lead to assigning use of the Website and/or Services which it includes;

­ Not to access and/or use the Website and/or Services provided by the Company on said Website for illegal purposes and/or with a view to causing any prejudice on the reputation and image of the Company or more widely harming its rights, notably intellectual property rights, of the Company and/or third parties;

­ Not to reproduce or represent the Website, in whole or in part, for private purposes beyond the legal exceptions for which provision is made, in particular by the Intellectual Property Code, or with a view to direct or indirect sales and notably to third parties;

­ Not to breach the provisions set forth under articles 323-1 through 323-7 of the Criminal Code;

­ Not to try to access the databases of the Website so as notably to us and/or exploit the electronic contact information and/or postal information of other Users of the Website.

NEXITY STUDEA hereby reserves the right to suspend access to the Services to Users who have breached the provisions of these General Terms and Conditions of Use, without prejudice for any legal action, claim, or compensation which the Company may claim from the User due to defaults.



ARTICLE 9 - WAIVER OF LIABILITY




The Company provides the User, via its Website, with access to a certain number of Services intended to support the latter in its real-estate project.

Information provided on this website is not contractual.

The User is perfectly aware that :

- the Company cannot commit that the Website meets its particular requirements;
- the Company cannot notably guarantee the follow-up given to rental ads which it wishes to consult on the Website.

More widely, the User is solely liable for use that it makes of the Website and Services which it accesses using the Website.

The Company may under no circumstances be held liable in the framework of any proceedings taken against any User who is guilty of non-compliant use of the Website and/or Services which it procures.

The User recognises and accepts that it will be personally responsible for any claim or proceedings lodged against the Company, due to non-compliant use by it of the Services and/or Website.

In all instances, the Company may not be liable :

- In the event of non-availability of the Services for reasons such as default in the public electricity grid, default of cable telecommunications networks, the loss of Internet connectivity due to public or private operators, notably the User, of which the cause is notably due to strikes, storms, earthquakes or any other cause having the characteristics of force majeure;

- In the event of use of the Services by a User under conditions which do not comply with these General terms and conditions of use;

- In the limit of legislation in force, for any indirect damages and including notably lost profit, lost data or any other loss of intangible assets, and even if the Company has been informed of the potential of such damages, which may arise (i) from use or the impossibility to use the Services (ii) following access to said Services by any unauthorised User.

The Company may not be held liable for any defective operation of any nature whatsoever pertaining to IT hardware of the User as well as connection to the Internet, at the time of accessing the Website and more generally the Services.

More particularly, the Company may not guarantee the User any Services on :

- Problems related to the speed of accessing Websites and/or the speed of buffering of the User's computer for videos accessible via the Services which the User may encounter;

- The quality of text, information, descriptions, photographs and videos published on the Website.

The transfer and download rates from the Website are not guaranteed.

The company is not considered as liable for any fraudulent use by a third party of the Login and Password of the Candidate.

9.1. Photographs, Illustrations

The photographs, illustrations, images, and maps illustrating the real-estate Ads, in support of the wording for offers, are not contractually binding.

If any errors have been committed, under no circumstances may the liability of the Company be incurred.

The characteristics of the assets to be sold and let as well as their price, although the object of special care and attention, are given subject to errors of entry or availability at the time of consultation or reservation.

9.2. Hypertext links

The website www.NEXITY-STUDEA.com includes hypertext links allowing for direct access to other content.

The Company is unable to undertake permanent control of this content and may not be held liable, for any reason whatsoever, for the content of these websites and relinquishes all liability in the vent of this content defaulting in legal, regulatory or contractual obligations, or if the websites are affected by a virus or any other harmful element. Under no circumstances may the Company be held liable for any loss of operations, financial or commercial losses, or the loss of any programs or data in the information system or other of the User.

Users of the Website may not implement a hyperlink towards this without the prior and express consent of the Company.

9.3. Prices and Stocks

Prices proposed on the website may be changed at any time.

Commercial offers are proposed in the limit of stocks available and subject to availability.



ARTICLE 10 - FORCE MAJEURE




The liability of the Company may not be incurred if performance of any of its obligations is impeded or delayed due to any case of force majeure as defined by case law set forth by the French Courts and notably any natural disasters, fires, defective operation or interruption of the telecommunications network or electricity grid.



ARTICLE 11 - INTELLECTUAL PROPERTY




The Company is holder or licensee of intellectual property rights over the general structure of the Website as well as its content (wording, slogans, images, videos, photos and other content).

Any representation, reproduction, modification, damage and/or exploitation in whole or in part of the Website and/or its content and/or Services, by any process whatsoever and on any medium whatsoever, without the prior and express consent of the Company is prohibited and constitutes breach of copyright.

Wording, images, brand names, logos, company names, acronyms, commercial names, store names and/or domain names of the Company its Subsidiaries and/or commercial partners indicated on the Website and allowing access to the Services provided by the Company constitute distinctive signs which may not be used without the prior express consent of their holder. Any representation and/or reproduction and/or exploitation in whole or in part of these distinctive signs is therefore prohibited and constitutes breach of trademark.

Software programs, databases, text, animated or fixed images, expertise, designs, illustrations and any other element comprising the Website are the property of NEXITY STUDEA.



ARTICLE 12 - PERSONAL DATA - DATA PROTECTION AUTHORITY (CNIL)




NEXITY STUDEA undertakes to ensure strict respect of legislation in force concerning respect of the privacy of Users and has appointed a data protection officer whose contact details are outlined hereunder.

Consequently, NEXITY STUDEA keeps an updated processing log and has undertaken all formalities pertaining to collection and processing of personal data by virtue of this Website.

Consequently, NEXITY STUDEA notably undertakes to respect the confidentiality of supporting documents sent by the Candidate, aside for legitimate reasons.

Nature and purpose of data collected

NEXITY STUDEA, in its capacity as Data controller, processes personal data for management of relations with rental Candidates, their Guarantors and prospective clients. This processing is necessary for use and management of various forms and is based on execution of an agreement and your prior consent.

Data collected is intended for the departments concerned at NEXITY STUDEA and, where applicable, its sub-contractors and service providers. The sub-contractors and service providers in question are subject to an obligation of confidentiality and may only use your data in compliance with our contractual provisions and legislation.

The term "Personal Data" refers to all nominative information or otherwise allowing for direct or indirect identification of the Candidate.

It may concern that which the Candidate has voluntarily provided to NEXITY STUDEA at the time of opening a Personal Account, of that which the Guarantor has directly sent to the Candidate, as well as that which the Candidate will be led to send NEXITY STUDEA subsequently in the framework of use of the Personal Account.

The term "processing" refers to any operation or group of operations undertaken with or without the assistance of automated processes and applied to all personal data.

Login and password

The login and password, as the Candidate defines these at the time of registration, or which may be subsequently amended, are personal. This information is strictly confidential. The Candidate undertakes not to send this to third parties and, where applicable, remains solely responsible for any use made thereof.

NEXITY STUDEA may not have its liability incurred due to use of this login information by a third party.

In the event of loss, misuse or unauthorised use of its login and password, the Candidate should immediately notify NEXITY STUDEA who may block access to the Personal Account and/or issue a new password to reconfigure access.

Hosting

Hosting of personal data and supporting documents is undertaken in France.

Term of storage - Exercising rights

Personal Data is likely to be stored for the term required for the final objective. Data used for commercial marketing may not be stored for over 3 years after the last contact with you. Concerning data present in your Personal Account, this will be stored until deactivation of your Account, with this term possibly being extended by any term of legal prescription where necessary. Finally, we indicate that your rental file will not be stored for over 3 months.

Pursuant to legislation in force, the Candidate, who informs its Guarantors accordingly, is entitled to exercise his or her rights to access, amend and delete your data, limit processing, object and request to portability thereof. The Candidate can also define directives pertaining to retention, deletion and communication of personal data after death.

These rights can be exercised by email by writing to informatique-libertes@nexity.fr, or by post for the attention of the Data Protection Officer – NEXITY STUDEA - 19, rue de Vienne - TSA 10034 - 75801 PARIS Cedex 08, along with a copy of an identity document.

Users may also send a claim to the Data Protection Authority - 3 place de Fontenoy - TSA 80715 - 75334 PARIS Cedex 07.

Cookies

The Website has been designed to meet User requirements It operates using cookies.

Cookies are data stored in the active memory of the computer of a User which enables easier browsing on the Website by the User, and consultation of web pages.

Purpose of cookies

Cookies used on our website are required for proper operation, and allow for the measurement of audience and improved interactivity of the website.

Cookies are used for those purposes outlined hereunder, subject to the choices that the User may make and amend at any time via the software parameters used when browsing on the Website.

Cookies are issued on the Website allow for :

- Memorisation of information pertaining to a form which the User has completed on the Website (registration or access to Personal Account) or services or information which the User has visited on the Website;

- Establishing statistics and volumes of frequentation and use of various elements comprising the Website to allow NEXITY to improve the interest and ergonomics of the Website;

- Adapting IT or promotional content of the Website in line with the interests of the User and its supposed, declared preferences or those resulting from browsing on the Website, and in line with the place of connection to the Website.

The term of validity of these cookies is a maximum of 13 months.

Deletion of cookies

Users may object to storage of "cookies" by configuring the computer in line with the browser used. However, deletion of cookies may prevent the User from correctly browsing on the Website and impede access to some functions. The help menu on your browser will allow you to know how to express or amend your cookie settings :

  • Internet Explorer™ : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
  • Safari™ : https://support.apple.com/fr-fr/HT1677
  • Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
  • Firefox™ :http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
  • Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html

Users may also block the various cookies by using the "DoNotTrackMe" extension in their browser.

If you have a different browser, we invite you to consul the documentation issued by the editor.

Commitment and liability

The Company undertakes to take all necessary precautions to protect the security of data collected with the Candidate and notably prevent these from being misused, damaged or accessed by unauthorised third parties.

Data and documents stored by the Candidate in its Storage Area remain the exclusive liability of the Candidate. Use of the Storage Space does not exonerate the Candidate from storage of any document of which it may store a copy in this area.

Data sent to the Online Services of the Company remain the liability of the Candidate, even if sent by technical means provided in the Service.

It is hereby reiterated that any person making an incorrect declaration for himself or any other person notably faces those sanctions for which provision is made under article 441-1 of the Criminal Code, making provision for penalties which may go up to three years in prison and a fine of 45,000 euros.

The Candidate undertakes to provide, in the framework of use of the Service, only precise, updated and complete information. In such instance as the Candidate does not fulfil this commitment, the Company reserves the right to terminate the application of the candidate as well as close its Personal Account, without prejudice for any criminal and civil legal action which may be taken.



ARTICLE 13 - TERMINATION - SUSPENSION




13.1. At the initiative of the Candidate: Closure of a Personal Account

The Candidate may close its Personal Account at any time.

This request should be made via the links available on the Website and provided accordingly.

13.2. At the initiative of the Company

The Company hereby reserves the right to temporarily interrupt the Services in whole or in part for reasons pertaining to the security of Services or in the event of any non-compliant use of the Website and/or Services.

Moreover, if the Candidate's file has not been selected (unsigned lease agreement) or if the Candidate provides fraudulent documents, the Company may automatically close the Personal Account of the Client. Moreover, the Company hereby reserves the right to store supporting documents for a maximum period of 6 months, notwithstanding any express request by the Candidate prior to expiry of this term, at the following address: relationclient-services@nexity.fr.



ARTICLE 14 - CONSEQUENCES OF TERMINATION




Termination will lead to Services no longer being provided.



ARTICLE 15 - CONTINUITY




The invalidity of any clause in the General Terms and Conditions of Use does not affect the validity of all other clauses; it will continue in the absence of the annulled provision unless the annulled clause makes continuity of contractual relations impossible or imbalanced in relation to the initial agreement.



ARTICLE 16 - TITLES OF CLAUSES




The titles of each article are only used to facilitate reading and may under no circumstances be a pretext for any interpretation or misuse of clauses to which they refer. In the event of any difficulty in interpretation or contradiction between the content of a clause and its title, the latter is deemed as unwritten.



ARTICLE 17 - APPLICABLE LAW - JURISDICTIONAL CLAUSE - DISPUTE RESOLUTION




These general terms and conditions are governed by French law. Any claim of any nature whatsoever, pertaining to application of these general terms and conditions of use and consultation of the Website should, failing any amicable agreement between the Parties, should be notified to the French Courts who hold sole competence.

Claims:

For agreements subject to the provisions of law no. 89-462 of 6th July 1989, an information notice annexed to the lease agreement makes provisons for the option for the tenant to refer the case to the departmental conciliation commission.

For other agreements, notably those signed for a fixed term, subject to the provisons of the civil code, the tenant is entitled to request appointment of a legal arbiter with the district court holding jurisdictional competence.


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