TERMS AND CONDITIONS OF USE
ARTICLE 1 - OBJECT
The purpose of these Terms and Conditions of Use is to define the contractual relationship between You and NEXITY STUDEA.
These Terms and Conditions of Use apply to any access to or use of the Website by You.
Terms beginning with a capital letter are defined in Article 2, "Definitions".
ARTICLE 2 - DEFINITIONS
For the purposes of these Terms and Conditions of Use, terms written in capital letters have the following meanings :
"Candidate" refers to any User who registers on the Website to create a Personal Account and submit a Rental Application.
"Personal Account" refers to the individual account created by a User on the Website by providing their surname, first name, telephone number and email address, and by choosing a password.
You must also agree to these Terms and Conditions of Use in order to create a Personal Account.
"Terms and Conditions of Use" refers to these terms and conditions of use.
"Application Form" refers to all the documents and information that a Candidate must submit for the company to consider their application.
"Guarantor" refers, where applicable, to any person who undertakes, in the event of the Candidate's default, to pay in their stead any debts arising from the performance of the tenancy agreement.
"Server" refers to a computer that hosts an application service and has a large amount of disk space on which files are stored.
"Website Server" refers to the hosting servers of the Website on which the Services made available to the User by the Company are installed and provided.
"Services" refers to all services accessible via the Website, including, in particular, access to property listings, personal accounts and other tools or services offered by the Website.
"Website" refers to the interactive electronic service published and operated by the Company, accessible in particular at www.nexity-studea.com, through which it provides access to its Products and Services.
"Company" refers to NEXITY STUDEA company, the publisher and owner of the Website.
"User" refers to any individual who accesses the Website strictly for private purpose.
ARTICLE 3 - FEATURES
The Service provides the following features :
- Search tools: search engines, map-based search
- The option to request a callback or fill in a contact form
- A multilingual Website in French and English
- A Personal Account to carry out online formalities with complete confidence. Applicants can access online Services through their Personal Account (pre-booking, application tracking, favourites, availability alerts, etc.)
- A secure space for uploading written proofs, etc.
- A frequently asked questionssection with a dynamic search function
- The option to fill in a contact form, contact the call centre or be contacted by phone
ARTICLE 4 - ACCEPTANCE AND AMENDMENTS OF THE TERMS AND CONDITIONS
The User acknowledges having read these terms and conditions of use, when accessing and using the Website.
As these Terms and Conditions of Use may be subject to amendments, the applicable terms are those in force and available on the Company’s Website on the date the User accesses the website.
The User acknowledges having the necessary competence and resources to access and use the Website, having verified that the computer system used is free from viruses and is in good working order.
ARTICLE 5 - ACCESS TO AND AVAILABILITY OF THE WEBSITE AND SERVICES
The Services are freely available online on the Company’s Website.
The Company shall make every effort to ensure that its Services are available 24 hours a day, 7 days a week, without interruption, except during maintenance work on said Services and/or Servers and/or the Website.
In this respect, the Company is bound by an obligation of means.
The Company reserves the right, for any reason whatsoever, including but not limited to technical and/or IT and/or telecommunications issues and/or constraints and/or maintenance, to modify or suspend, at any time, temporarily or permanently, all or part of the Services and/or the Website without prior notice to Users and without any entitlement to compensation, as the Company cannot be held liable for the consequences resulting from such interruptions or modifications.
Overall, the Company reserves the right to make any changes of any kind whatsoever to the content of the Website, as the information provided is only guaranteed as of the Website’s update date stated on the home page; after this date, the User must ensure that the terms and conditions remain in force.
ARTICLE 6 - IDENTITY OF ADVERTISERS
The Website lists rental properties from NEXITY STUDEA, a subsidiary of the group NEXITY. These properties mainly consist of flats ranging from studios to one-bedroom flats, either private or shared for the larger flats.
NEXITY STUDEA manages and handles the letting of these flats under a commercial lease signed between the owner and NEXITY STUDEA.
ARTICLE 7 - USE OF THE WEBSITE
The User undertakes to use the Website in accordance with the provisions of these Terms and Conditions of Use.
The User undertakes not to use the Website :
- For any unlawful purposes, or in a manner contrary to public policy or public decency;
- In breach of the provisions of applicable laws or regulations or the rights of any third party;
- For any purpose likely to cause loss or damage of any kind.
The User also undertakes :
- Not to use any device intended and/or having the effect of impacting the proper functioning of the Website and/or the Services it contains;
- Not to access and/or use the Website and/orthe Services provided by the Company on said Website for unlawful purposes and/or with the intention of damaging the Company’s reputation and image or, more generally, of infringing the rights – in particular intellectual property rights – of the Company and/or third parties;
- Not to reproduce or display all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or for the purpose of direct or indirect marketing, in particular to third parties;
- Not contravene the provisions of Articles 323-1 to 323-7 of the Criminal Code;
- Not to attempt to access the Website’s databases for the purpose, in particular, of using and/or exploiting the email and/or postal contact details of other Users of the Website.
NEXITY STUDEA reserves the right to suspend access to the Services for Users who have breached the provisions of these Terms and Conditions of Use, without prejudice to any action, claim or compensation that the Company may seek from the User as a result ofsuch breaches.
ARTICLE 8 - LIMITATION OF LIABILITY
Through its Website, the Company provides User with access to a range of services designed to support them with their property project.
The information provided on the Website is non-binding.
The User is fully aware that :
- the Company cannot guarantee that the Website will meet their specific needs;
- the Company, in particular, cannot guarantee any follow-up to the rental advertisements that the User has chosen to view on the Website.
More generally, the User is solely responsible for their use of the Website and the Services accessed from the Website.
The Company shall in no circumstances be held liable in any proceedings brought against a User who has been found to have used the Website and/or the Services it provides in a manner that is not in accordance with the terms and conditions.
The User acknowledges and agrees that they shall be solely responsible for any claim or legal proceedings brought against the Company arising from their improper use of the Services and/or the Website.
In any event, the Company shall not be liable:
- If the Services are unavailable for reasons such as a failure of the public electricity grid, a failure of telecommunications cable networks, or a loss of internet connectivity attributable to public or private operators, including the User’s own operator, where such failures are caused in particular by strikes, storms, earthquakes or any other cause constituting force majeure;
- If the Services are used by a User in a manner that does not comply with the terms of these Terms and Conditions of Use;
- To the extent permitted by applicable law, for any indirect damage, including loss of profit, data or any other loss of intangible assets, even if the Company has been informed of the possibility of such damage arising (i) from the use or inability to use the Services (ii) following access to said Services by an unauthorized User.
The Company shall not be held liable for any malfunction of any kind relating to the User’s computer equipment or their internet connection when accessing the Website or, more generally, the Services.
More generally, the Company cannot guarantee the User of the Services against:
- Any issues relating to the speed of access to the Websites and/orthe buffering speed on the User’s computer when accessing videos through the Services that the User may encounter;
- The quality of the texts, information, descriptions, photographs and videos published on the Website.
Transfer and download speeds from the Website are not guaranteed.
The Company shall not be held liable for any fraudulent use by a third party of the Candidate’s Login and Password.
8.1. Photographs and illustrations
Photographs, illustrations, graphics and plans illustrating property advertisements, which are provided to support the text of the offers, do not form part of the contract.
If any errors have been made, the Company shall under no circumstances be held liable.
The details of properties for sale and to let, as well as their prices, are provided with due care; however, they are subject to typing errors or availability at the time of viewing or booking.
8.2. Hyperlinks
The website www.NEXITY-STUDEA.com contains hyperlinks providing direct access to other content.
As the Company is unable to monitor this content on an ongoing basis, it cannot be held liable under any circumstances for the content of these websites and accepts no liability should such content fail to comply with legal, regulatory or contractual obligations, or should the websites be infected with viruses or any other malwares. Therefore, under no circumstances shall the Company be held liable for any operational, financial or commercial loss, or for any loss of programs or data in the User’s information systems or elsewhere.
Users of the Website may not create a hyperlink to it without the Company’s prior and express authorization.
8.3. Prices and stock
The prices listed on the Website are subject to change at any time.
Commercial offers are subject to stock availability and subject to availability.
ARTICLE 9 - FORCE MAJEURE
The Company shall not be held liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the Civil Code or the case law of the French courts, including pandemics, natural disasters, fires, or the malfunction or interruption of telecommunications or electricity networks.
ARTICLE 10 - INTELLECTUAL PROPERTY
The Company is the owner or licensee of the intellectual property rights relating to both the general structure of the Website and its content (text, slogans, graphics, images, videos, photographs and other content).
Any representation, reproduction, modification, distortion and/or exploitation, in whole or in part, of the Website and/orits content and/orthe Services, by any means whatsoever and on any medium whatsoever, without the Company’s express prior authorization, is prohibited and constitutes an infringement of copyright.
The text, drawings, trademarks, logos, company names, acronyms, trade names, brand names and/or domain names of the Company, its Subsidiaries and/or its business partners mentioned on the Website, which provide access to the Services made available by the Company, constitute distinctive signs that may not be used without the express prior authorization of their owner. Any representation and/or reproduction and/or use, in whole or in part, of these distinctive signs is therefore prohibited and constitutes trademark infringement.
The softwares, databases, text, moving or still images, know-how, drawings, illustrations and any other elements comprising the Website are the property of the NEXITY STUDEA company.
The text, images, logos, photographs, drawings and illustrations reproduced on the Tool may not be copied, reproduced or transferred, either in whole or in part.
ARTICLE 11 - PERSONAL DATA AND FRENCH DATA PROTECTION AUTHORITY (CNIL)
NEXITY STUDEA undertakes to comply strictly with the legislation in force regarding the protection of Users’ privacy and has appointed a Data Protection Officer, whose contact details are set out below.
NEXITY STUDEA therefore maintains an up-to-date record of the processing operations carried out and has completed the necessary formalities regarding the collection and processing of personal data in connection with this Website.
In this regard, NEXITY STUDEA undertakes to respect the confidentiality of the supporting documents provided by the Candidate, unless they are used for legitimate reasons.
Nature and purpose of the data collected
NEXITY STUDEA, in its capacity as data controller, processes personal data for the purpose of managing its relationships with Tenant Candidates, their Guarantors and prospective customers. This processing is necessary for the use and management of the various forms and is based on the performance of a contract and your prior consent.
The data collected is intended for the relevant departments at NEXITY STUDEA, and, where applicable, itssubcontractors and service providers. These subcontractors and service providers are bound by a duty of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation.
The term "Personal Data" refers to all information, whether personal or not, that enables the Candidate to be identified directly or indirectly.
These may include details that the Candidate has voluntarily provided to NEXITY STUDEA when opening their Personal Account, information that the Guarantor has sent directly to the Candidate, as well as information that the Candidate may be required to provide to NEXITY STUDEA at a later date in connection with the use of their Personal Account.
The term "processing" refers to any operation or set of operations, whether or not by automated means, which is applied to personal data orsets of personal data.
Logins and passwords
Logins and passwords, as set by the Candidate upon registration, or as subsequently amended by the Candidate, are strictly personal. This information is strictly confidential. The Candidate undertakes not to disclose this information to third parties and, where applicable, remains solely responsible for any use that may be made of it.
NEXITY STUDEA cannot be held liable for the use of this information by a third party.
In the event of the loss, misappropriation or unauthorized use of their login details and passwords, the Candidate must immediately notify NEXITY STUDEA, which may block access to the Personal Account and/or issue a new password in order to reset access settings.
Data hosting
Personal data and supporting documents are hosted in France. Supporting documents are stored in France, but personal data is held on a server in Dublin, Ireland.
Data retention period - Rights exercise
Personal data shall be stored for as long as is necessary to fulfil the purpose for which it was collected, namely to assess your rental application and, where applicable, to manage your tenancy agreement. On the website www.nexity-studea.com, your account data will be deleted if the last login date is more than three (3) years ago. This period may be extended as necessary in the event of a dispute or for evidential purposes in the event of a dispute. Your application will be automatically deleted one (1) year and one (1) day after the date it was created. If you have agreed to be contacted to receiveourmarketing offers, your contact details will be stored for three (3) years from the date of your last contact with us.
In accordance with currentlaws, and assuch,the Tenant Applicant and their Guarantors have the right to access, rectify and erase their data, restrict its processing, object to its processing, and request data portability. They may also set out instructions regarding the retention, erasure and disclosure of their personal data following their death.
You can exercise these rights using the dedicated form available here, or by post addressed to the Data Protection Officer(DPO) - Nexity SA - 67 rue Arago - CS 70058 - 93585 SAINT-OUEN Cedex, attaching a copy of your ID.
Users may also lodge a complaint with the French Data Protection Authority (CNIL) - 3 place de Fontenoy - TSA 80715 - 75334 PARIS Cedex 07.
Cookies
The Website has been designed to meet Users’ needs. It uses cookies.
Cookies are data stored in the User’s computer’s RAM that make it easier for the User to navigate the Website and view web pages.
Purpose of cookies
The cookies used on our website are essential for its operation; they enable usto measure visitor numbers and improve the website’s interactivity.
Cookies are used for the following purposes, subject to the choices that the User may make and change at any time by adjusting the settings of the web browser used whilst browsing the Website.
The cookies used on the Website enable:
- To store information relating to a form that the User has completed on the Website (registration or login to their Personal Account) or the Services or information that the User has viewed on the Website;
- To compile statistics and track visitor numbers and usage of the various elements comprising the Website, in orderto enable NEXITY to improve the Website’s attractiveness and user-friendliness;
- To customise the informational or promotional content on the Website according to the User’s interests and preferences — whether presumed, stated or inferred from their browsing activity on the Website — and according to their location when accessing the Website.
These cookies remain valid for a maximum of 13 months.
Deleting cookies
Users can prevent cookies from being stored by adjusting the settings on their computer according to the browser they are using. However, deleting cookies may prevent the User from browsing the Website properly and may prevent access to some of its features. Your browser’s help menu will explain how to set or change your cookie preferences:
- 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 can also block various cookies by using the ‘DoNotTrackMe’ extension in their browser.
If you are using a different browser, please refer to the documentation provided by the publisher.
Commitment and liability
The Company undertakesto take all necessary measuresto ensure the security of the data collected from the Candidate, and in particular, to prevent such data from being distorted, damaged or accessed by unauthorised third parties.
The data and documents stored by the Candidate in their Storage Space remain the sole responsibility of the Candidate. The use of the Storage Space does not exempt the Candidate from storing any documents of which they may have uploaded a copy to this space.
The data submitted to the Company’s online Services remains the responsibility of the Candidate, even if it is submitted using the technical means provided within the Service.
We remind you that anyone making a false statement on their own behalf or on behalf of another person shall be liable to the penalties set out in Article 441-1 of the Criminal Code, which provides for sentences of up to three years’ imprisonment and a fine of €45,000.
The Candidate undertakes to provide only accurate, up-to-date and complete information when using the Service. Should the Candidate fail to fulfil this undertaking, the Company reserves the right to terminate the Candidate’s application and their Personal Account, without prejudice to any criminal or civil liability proceedings that may be brought against them.
ARTICLE 12 - TERMINATION - SUSPENSION
12.1. At the Candidate’s request: deletion of data from the Personal Account
The Candidate may request the deletion of data from their account via the Rights Exercise Form | NEXITY STUDEA provided by the Company.
This request can be made at any time.
12.2. At the Company’s request:
The Company reserves the right to temporarily suspend all or part of the Services for reasons relating to the security of the Service or in the event of improper use of the Website and/or the Services.
Furthermore, if the Candidate’s application is not accepted (lease not signed) or if the Candidate submits fraudulent documents, the Company may legally terminate the Candidate’s Personal Account. Moreover, the Company reserves the right to store the supporting documents for a maximum period of 6 months, unlessthe Candidate makes an express request prior to the expiry of this period, at the following address: reclamation-client@nexity.fr.
ARTICLE 13 - FRENCH NATIONAL OFFICE FOR INFORMATION ON EDUCATION AND PROFESSIONS (ONISEP) CREDITS
The map data is taken from the French National Office for Information on Education and Professions (ONISEP) database. This database is a collection of data or independent items, organised systematically and individually accessible by electronic means.
Through the selection and organisation of this data, this database constitutes an intellectual creation for which the French National Office for Information on Education and Professions (ONISEP) holds the copyright.
Its content is also protected by intellectual property law.
Furthermore, the French National Office for Information on Education and Professions (ONISEP) is the sole holder of the rights granted to database producers, given the resources — representing a substantial investment, both in terms of quantity and quality — that it has devoted to the creation and regular updating of the database.
ARTICLE 14 - CONSEQUENCES OF TERMINATION
Termination resultsin the end of the provision of the Services.
ARTICLE 15 - SEVERABILITY
Should any provision of these Terms and Conditions of Use be held to be invalid, this shall not affect the validity of the remaining provisions; the agreement shall continue in the absence of the invalid provision, unless the invalid provision renders the continuation of the contractual relationship impossible or disproportionate to the original terms.
ARTICLE 16 - RIGHT OF TRANSFER
The Company reserves the right to transfer to third parties, in whole or in part, the rights and obligations arising from these terms and conditions of use, provided that such transfer is made on the same terms or, at the very least, on terms that are no less favourable to Users.
ARTICLE 17 - TITLE OF PROVISIONS
The titles at the beginning of each article are included solely for the convenience of the reader and shall under no circumstances be used as a basis for any interpretation or misrepresentation of the provisions to which they refer. In the event of any difficulty in interpretation or any contradiction between the content of a provision and itstitle,the title shall be deemed not to have been written.
ARTICLE 18 - BREACH OF THE TERMS OF USE
Should the Company determine that a User has breached any of the provisions of these terms and conditions of use, the applicable legal provisions or the rights of third parties, and following written notification to the Userto comply, which hasremained unheeded for more than 8 days, unless there are serious grounds justifying the absence of notice or the application of a shorter notice period, the Company reserves the right to restrict, suspend or terminate, either temporarily or permanently, the User’s access to the Website.
ARTICLE 19 - GOVERNING LAW – JURISDICTION – SETTLEMENT OF DISPUTES
These terms and conditions are governed by French law. Any dispute of any nature whatsoever relating to the application of these terms and conditions and to the use and browsing of the Website must, in the absence of an amicable settlement between the parties, be brought before the French courts, which shall have exclusive jurisdiction.
Complaints:
For tenancy agreements subject to the provisions of Law No. 89-462 of 6 July 1989 aimed at improving landlord-tenant relations, an information notice attached to the tenancy agreement provides for the tenant to refer the matter to the local conciliation commission (CDC).
For other tenancy agreements, in particular those entered into for a fixed term and governed by the provisions of the Civil Code, the tenant may apply to the local district court with jurisdiction over the area for the appointment of a judicial conciliator.