The company CLOE (hereinafter referred to as "CLOE") is a simplified joint stock company with a capital of 1000.00 euros, whose registered office is located at 54, rue Coriolis - 75012 Paris, registered in the Paris Trade and Companies Register under n° B 899 119 192.
It is registered with the Paris Trade and Companies Registry under number B 899 119 192.
CLOE's business is the publishing, development and provision of web and/or mobile platforms allowing universities or schools to provide their students with a personalized and efficient tool dedicated to the search for student housing near their campuses and universities. CLOE also publishes the cloe-edu.fr website.
The platform allows housing owners and landlords to post rental ads.
CLOE can be contacted by e-mail at email@example.com.
ARTICLE 1 : Definitions
Tenant(s): refers to any natural person looking for accommodation who has a Tenant account;
Owner's Space: refers to the virtual space allocated to Owners. This space is accessible by entering the following identifiers;
Personal Data: means personal data within the meaning of the European regulation on the protection of personal data that CLOE collects, transmits or processes, making it possible to identify or make identifiable any natural person.
Intellectual Property Rights: means all the rights of literary and artistic property (copyright and neighbouring rights), industrial property rights
model and patent) provided for in the Intellectual Property Code and the International Treaties;
- Booking Fees : means the fees paid by the Renter to CLOE when booking an accommodation via the Platform; these fees may be paid by the Owner in case of bypassing the CLOE Platform during a booking (see article 4).
- Ad(s): means any offer to rent an accommodation referenced on the Platform
- Owner : means the natural or legal person who owns an accommodation and has an account on the Platform and an Owner Space;
- Platform(s) : refers to the Platform(s) published by CLOE as well as all the content created including : the graphic charter, the frames, the banners, the flash and video animations, the source code, the html code and programming;
- Reservation: means any reservation of an accommodation made by the Tenant via the Platform with a Landlord leading to the payment of the first rent.
ARTICLE 2 : Purpose and scope of application
CLOE is the first platform that allows rental candidates to quickly and easily find an accommodation with the Owners who have published an Ad.
By using the Platform, the Owner declares that he/she accepts without reservation the present GTC. The Owner therefore declares and acknowledges that he/she has read and understood the provisions of these GTUs. At any time, if the Owner disagrees with any of the clauses of the GCU, he/she must immediately terminate the use of the Platform and the associated services.
The present GTU are available at any time by clicking on a direct link located at the bottom of each page of the Platform.
ARTICLE 3 : Entry into force - duration
The present GTU are applicable during the whole duration of the navigation and access to the Platform. The Owner is free to close his account at any time and is not bound to any time commitment towards CLOE.
CLOE reserves the right to modify the present TOS at any time by indicating the date of update in the header.
Any modification shall take effect as of the date of acceptance. The Owner agrees to be notified of updated TOU by publishing them on the Platform or by any other form of notification.
The Owner shall be notified of any updates to the TOU that result in changes to the duration, characteristics or price of the services provided on the Platform and shall be subject to the Owner's acceptance. In case of refusal of the updated GTU, the Owner may terminate his account without charge, which will result in the removal of his Ads and his profile.
In all other cases, by continuing to use the Platform or by accessing it after the effective date of the updated GTC, the Owner declares that he/she has read the updated GTC and accepts all the changes made to it. The latest accepted version of the GTUs available online on the Platform shall prevail, if necessary, over any other version of the GTUs.
ARTICLE 4 : Creation of a CLOE account
To access all the functionalities of the Platform, the Owner must create an account. Browsing and accessing information on the Platform are subject to the Owner's registration on the Platform.
The Owner must, at the time of registration, provide the following information:
- Sex ;
- Name and first name ;
- E-mail address
- Telephone number;
Once the CLOE account is validated, the Owner receives a confirmation e-mail. The Owner can then access the functionalities of his account and can transmit a certain number of information allowing CLOE to publish his Ads.
CLOE may request certain information in order to attest the reality of the Owner's identity. By accepting the present GTC, the Owner agrees to transmit all the requested information. Otherwise, the services will not be accessible.
By registering as an Owner and accepting the TOS, the user confirms that he/she is not acting for a real estate agency or a residence, which are professionals subject to specific conditions. Failure to comply with this condition constitutes a breach of the GTC.
Compliance with the use of the Platform
In the event of a Reservation request or any other contact from a Renter via the Platform concerning the rental of the property that is the subject of his or her Advertisement, the Owner undertakes to finalize the Reservation exclusively via the Platform. Given the free reservation service offered, it is expressly prohibited to exclude the use of the Platform to conclude any agreement with the Tenant for the rental of an advertised property. This is an essential and ethical obligation towards the service we offer.
CLOE may automatically prevent in the exchange tools between Renters and Owners the possibility to provide email addresses and phone numbers in order to make a reservation outside the Platform. The Owner expressly accepts that the e-mail tools may automatically detect certain keywords and that the correspondences are not private, CLOE reserving the right to access them to control the respect of the service.
CLOE assumes that the Owner has control over the reservation. The owner who is in contact with one or more tenants through CLOE and who makes the reservation outside CLOE, receives an invoice corresponding to the reservation fees and equivalent to those that the tenant(s) had to pay to CLOE.
The account of the Owner is suspended by CLOE until the payment of the fees by the Owner. In case of non-payment 10 days after the sending of the invoice by CLOE to the Owner, CLOE mandates its legal counsel to initiate a collection procedure against the Owner.
ARTICLE 5 : Services
The creation of a CLOE account allows Owners to access certain functionalities available on the Platform. These features allow Owners to:
- To post an Advertisement of accommodation;
- To broadcast this offer on the Platform and optionally on partner networks;
- Obtain payment for the reservation of the accommodation online;
- To subscribe to an unpaid rent guarantee (option),
The Owners having a CLOE account have the possibility to post their Ads directly online. CLOE provides Owners with a specific page dedicated to the posting of Advertisements online.
ARTICLE 6 : Posting of Advertisements. The creation of a CLOE account allows Owners to post Advertisements for rental properties.
The Owner must indicate :
- The location of the accommodation ;
- The type of Ad:
(i) Entire unit: the Owner makes the entire unit available to the Tenant.
(ii) Room in a shared apartment: the Owner provides the Tenant with a room in a shared apartment.
(iii) Room in a home stay: the Owner provides the Tenant with a room in his/her own home.
(iv) Housing for services: the Owner makes his or her housing available at a preferential rent, in exchange for services provided by the Tenant;
- The type of property (a house or an apartment, being specified that a studio is considered as an apartment);
- Whether the accommodation is furnished or unfurnished;
- The characteristics of the accommodation:
(i) The capacity of the property;
(ii) The number of rooms and bedrooms in the case of a whole apartment;
(iii) The number of bathrooms;
(iv) The total surface in m2 Carrez;
(v) The private area available in case of shared accommodation or room in the home.
(vi) The floor in case of an apartment and the number of floors in the building;
The Owner shall provide:
- A description of at least one hundred and fifty characters of the dwelling;
- The energy balance of the dwelling if available;
The Owner may indicate:
- The equipment made available as part of the rental;
The Owner must indicate:
- The rent per month excluding charges;
- The amount of the charges per month and the description of the charges;
- The eligibility of the accommodation for state aid;
- The dates of availability of the accommodation;
- The minimum length of stay desired;
The owner can indicate :
- The amount of the security deposit (cannot exceed one month's rent excluding charges for an empty apartment and two months' rent excluding charges for a furnished apartment);
The Owner may upload photographs of the accommodation and publish his Ad. He guarantees that these photographs correspond to the advertised accommodation.
Scope of the Advertisement - Multibroadcasting
The Ad is published on the Platform to the Tenants and can be published on third party platforms under the following conditions.
Unless the Renter objects before validating the Ad or later from the Owner's Area, the Ad created may be published on third party sites that are partners of CLOE. These partners may be third party platforms or platforms of partner institutions, universities and schools.
Reservation requests made on an offer published by CLOE on a third party site are processed under the same conditions as requests made on the Platform, insofar as the Renter must confirm that his profile and his request correspond to the rental conditions indicated by the Owner on the Platform.
The publication of the Advertisements on third party websites in partnership with CLOE is not immediate or systematic. The mention "published" in the Owner's Area does not mean that the Owner will be able to find the Ad created directly online on a partner site. The least consulted Ads, i.e. the Ads that have not received any or very few requests via the Platform, will by default be given priority for broadcasting compared to the Ads most consulted by Tenants.
Procedures for listing, ranking and de-listing Advertisements
The criteria for ranking Advertisements on the Platform's search engine are :
- The criteria sought by the Tenant (location, rent price, ...) ;
- The rate of completion of the Owner's profile information and the information of his Advertisement: The more complete the profile and the Advertisement are, the more the Advertisement will be put forward in the rankings of the search engine on the Platform;
- The number of Reservations made on the Platform: The higher this number is, the more the Ad will be highlighted;
- The response time of the Owner to the requests of the Tenants on the Platform: The faster the Owner responds, the more his Ad will be highlighted in the rankings of the search engine on the Platform.
These last three criteria are subject to an automatic evaluation materialized by a score between 1 and 10 of the Owner, which he can check at any time on his Owner Space.
The Ad is automatically delisted for a given period of availability, in the event of a Reservation on the Platform for the property in question, for this same period. From his Space, the Owner can activate or deactivate the referencing of an Ad, or set up this referencing according to a calendar.
In case of violation of the rules of moderation of the Advertisements or in case of violation of any obligation of the Owner to its contractual obligations as provided for in the GTU, legal or regulatory, the Advertisement may be dereferenced by CLOE.
ARTICLE 7 : Moderation of the Ads
7.1 Publication of Advertisements
Within the framework of the diffusion of the Advertisements, the Owner commits himself :
- to complete as much as possible the information requested;
- not to publish or broadcast any photo or video whose content may be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;
- not to publish any content, message or information that is rude, abusive or that encourages any activity that is prohibited by law or by the regulations in force;
- not to publish any photo or video protected by intellectual property legislation unless you have the rights to it or the necessary consent to use it;
- not to publish any content containing a corrupted file;
- not to publish any content that violates the rights of a third party.
The Owner also refrains from transmitting:
- incorrect or false information,
- any sensitive information of racial or ethnic origin, political, philosophical or religious opinions, membership of a trade union, sex life or health, contrary to good morals and the law.
The Owner also guarantees:
- to be the owner of the accommodation or to have all the necessary authorizations to offer this accommodation for rent;
- to be the sole owner of the content published on the Platform, to be able to publish it and to have the right to grant a broadcast license,
- not to use contents that are of a nature :
* to cause harassment of third parties or to call on third parties to engage in harassment,
*Incite hatred, discrimination, racism, fanaticism and physical violence of individuals or groups of individuals,
*depict pornography, pedophilia, or any other objectionable material or contain a link to an adult website
*depict or advocate illegal activities or conduct that is defamatory, abusive, obscene, threatening or libelous or that contains false or misleading information
* to use the Platform in accordance with the regulations in force for the protection of data and the recommendations of the C.N.I.L,
*to offer an illegal or unauthorized copy of works protected by copyright, patent or trademark,
*to instigate, cause or promote the transmission of unsolicited e-mails, chain letters, mass mailings, instant messages, unwanted advertising messages or unsolicited mail,
*Promote or encourage any criminal activity or enterprise or provide any tips or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses, *soliciting passwords or personal information from other Owners for illegal commercial purposes,
*engage in commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramid schemes without the written consent of CLOE;
*distribute, reproduce, publish or modify in any way the copyrighted material, trademarks or other proprietary rights of third parties without their prior consent.
The Owner shall ensure that all information communicated on the Platform remains correct and shall refrain from creating or using on the Platform, except with the consent of CLOE, other Owner Spaces under its own identity and/or that of a third party, it being reminded that any usurpation of identity is liable to prosecution and criminal sanctions, and that any contravention of this commitment may result in the immediate suspension without notice of the Owner Space(s) created in violation of the GTU.
7.2 Moderation of Ads
In case of violation of the GTC of the Platform or of any report of obviously illicit behaviour by means of the Platform, CLOE reserves the right to modify or terminate the Owner's access to the Platform at any time, the right to delete, without prior notice or compensation or right to reimbursement, any Advertisement of an Owner's accommodation which does not comply with the rules of dissemination of the CLOE Service and/or which is likely to infringe the rights of a third party.
CLOE reserves the right to:
- Delete or remove any content or information that CLOE constitutes a violation of the TOS or is manifestly illegal;
- Without prejudice to legal actions initiated by third parties, to take any legal action to repair the damage that CLOE would have personally suffered because of the breaches attributable to the Owner under the present GTU.
- To warn, if necessary, the competent authorities, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities, in accordance with the legislation in force.
In the event of suspension of access to the account, the content that the Owner has published and the information in his Space will no longer be accessible. Termination of access rights shall be effective as of the date of its notification by CLOE to the Owner by post (letter) or electronically (email). CLOE reserves the right to terminate access to the Platform without prior notice where permitted by law. The termination shall automatically and without prior notice lead to the deletion of the Owner's account Content removed from the Platform may be retained by CLOE, including, but not limited to, in order to comply with certain legal obligations.
ARTICLE 8 : Terms of payment
Within the framework of the use of the Platform, the Owner may be led to receive sums from online payments. For this reason, the Owner commits himself to transmit to CLOE, within the framework of the reservation of his accommodation, his date of birth, his address, as well as an up-to-date bank account number (RIB). Otherwise, no Reservation of the property appearing in the Advertisement can be made by a Tenant.
CLOE is in no way a banking institution or a payment service provider. All the services of payment intermediary, collection on behalf of third parties and creation and management of electronic wallets are provided by the company Stripe, an approved partner specialized in these services. CLOE therefore invites the Owners to read their general terms and conditions of sale available at www.Stripe.com/fr/legal. It is up to the Owners to check the adequacy of the services to their needs.
Transactions carried out by the payment service provider Stripe are secured by an SSL encryption process in order to reinforce all the scrambling and encryption processes by optimizing the protection of all Personal Data linked to this payment method.
The banking information is directly communicated to the secure payment provider. CLOE never has access to the confidential information related to the means of payment.
For the Reservation, only the first rent, the amount of which is freely fixed in the Advertisement by the Owner, is paid by the Tenant via the Platform on the Stripe account of the Owner's digital wallet. Within 48 hours following the date of commencement of the rental contract provided for in the reservation on the Platform, this amount is released in its entirety to the Owner, to the bank details provided via the Platform.
This first rent can in no way be considered as a security deposit or booking fees, which the Owner is responsible for collecting directly from the Tenant, outside the Platform. The Platform does not allow the collection of the following rents of the property booked on the Platform.
ARTICLE 9 : Unpaid Rent Guarantee
CLOE provides the Owner with the documentation relating to the unpaid rent guarantee in the Appendix of this Agreement, which the Owner acknowledges having read before making any Reservation. The Owner is free not to subscribe to this guarantee as part of the Reservation process, which is offered as an accessory, free and optional.
Each Owner, by accepting any reservation made by a Tenant registered as a student in one of the Platform's partner establishments, over 18 years of age and having made a reservation on the Platform but not having a guarantor established in France, will be provided with an unpaid rent guarantee at no cost by CLOE if the Owner has made the request.
The guarantee for unpaid rent will be taken out after the Owner accepts a reservation of a property by a Tenant without a guarantor established in France, directly on the Platform.
The Owner is expressly informed that this guarantee does not apply:
- If the information notice so provides, when the Tenant is not a student enrolled in a CLOE partner institution, which it is the Owner's responsibility to check with the Tenant, including during the rental period, by consulting the list of partner institutions;
- When the Landlord and the Tenant are not bound by a lease that complies with the regulations, which it is up to the Landlord to submit to the Tenant for signature;
- For all other reasons of exclusion of guarantee provided for in the information notice of which the Owner guarantees to have taken cognizance.
The Landlord is solely responsible for fulfilling his obligations as a landlord and as an insured under this unpaid rent guarantee.
In this respect, the Owner is informed and warned, subject to his own checks and any possible changes in the law, that :
- As soon as the Reservation is made, it is up to the Landlord to conclude a lease with the Tenant in accordance with the legislation in force, it being specified that CLOE does not carry out any verification or control on this point. CLOE does not guarantee that the Tenant will accept the lease agreement proposed by the Landlord, nor that the insurer or insurance broker will consider this act as valid in case of litigation. The rent retained under the guarantee of unpaid rents is the one registered in the lease, whatever the amount indicated on the Platform at the time of the Booking;
- Under the conditions provided for by law n° 89-462 of July 6, 1989, in particular article 22, the guarantee cannot be requested by a lessor who has taken out an insurance policy or any other form of guarantee to cover the Tenant's rental obligations, except in the case of accommodation rented to a student or apprentice;
- Under the conditions provided for in Article 31, I of the General Tax Code (CGI), the Owner may only deduct the premiums actually paid in the tax year and which can be substantiated by insurance contracts and payment receipts.
The CLOE support is at the disposal of the Owners for any question at the following address: firstname.lastname@example.org.
ARTICLE 10 : Responsibility
We are very vigilant on the behavior of our users. The deviant behaviors are :
- Insalubrious housing / poor quality
- Management not in accordance with our values: illegitimate return of deposit, no rental contract, payment in cash...
- Inappropriate language or gestures towards the tenant
- Distrust of the CLOE model (bypassing the platform during a reservation)
All CLOE's services are strictly limited to the functionalities available on the Platform to facilitate the connection between Owners and Tenants, and can in no way replace or be assimilated to the services and advice of a real estate professional, which it is up to the Owner to call upon to meet his or her rental needs.
The Owners are the only ones responsible for the use they make of the Platform and for the direct or indirect consequences of this use. CLOE is not responsible for disputes between Owners and Renters.
CLOE is under no obligation to pre-screen, control or modify the information published by all users on the Platform. No guarantee of result or minimum booking is provided to the Owner.
CLOE shall not be responsible for the choices made by the Owner, who is solely responsible for the use and exploitation of the information provided on the Platform, for the interpretations he makes and for the advice he deduces from it. In particular, the Owner is informed that all information on CLOE's zendesk concerning contracts or the management of a rental is provided for information purposes only, is up to date as of the date of publication and is likely to evolve, and can in no way replace the advice of a real estate or legal professional.
CLOE undertakes to provide tools to ensure that :
- Tenants have a valid email address;
- Tenants may write an introductory message when requesting a Reservation via the Platform;
- Tenants making a Reservation will have indicated search criteria on the Platform corresponding to the criteria indicated by the Owner for (i) the type of accommodation, (ii) the date of availability of the accommodation and (iii) the minimum duration of rental desired.
If CLOE provides the Owners with an outline to create an offer to rent a property, the drafting and the content of the Advertisements are the sole responsibility of the Owners and shall not be subject to prior control.
The Owner is solely responsible for the selection of the Tenant, for verifying the accuracy of the documents in his rental file, and for the conclusion of the lease. CLOE does not verify in any way the elements provided by the Tenant to the Landlords which would have been uploaded on the Platform.
It is the responsibility of the Landlord to ensure that the Tenant's rental file is complete in relation to his/her requests and needs, being reminded to the Landlord that he/she must comply with any regulation in this respect, in particular provided for by the decree n° 2015-1437 of November 5, 2015 setting the list of supporting documents that may be requested from the candidate for rental and from the person who may be acting as guarantor. In no event shall CLOE, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:
- the use of the Platform or the services; or
- the inability to use the Platform or the services; or
- the modification or deletion of content transmitted via the services; or
- these TOU.
Furthermore, CLOE shall not be held responsible for the non-functioning, impossibility of access or malfunctioning of the services of the access provider of the Owners, to those of the Internet network. The same shall apply for any other reason not related to CLOE. Indeed, although CLOE makes every effort to avoid malicious use of the Platform, CLOE cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate computer equipment and programs.
The Owner undertakes to offer decent accommodation within the framework of the Advertisements that he/she publishes on the Platform. It is specified, with regard to the regulations in force, that decent accommodation must be equipped with, but not limited to
- either a main room of at least nine (9) square meters and a ceiling height of at least two meters twenty;
- or a minimum living space of twenty cubic meters;
- or in the case of a shared apartment, sixteen (16) square meters for two (2) roommates and nine (9) square meters for each additional roommate
The main room must be equipped with an open air opening, a kitchen or a kitchenette, a shower or a bathtub and a separate water closet.
CLOE cannot be held responsible for any contravention of the regulations in force.
The Owners guarantee to have installed, in accordance with the regulations in force, at least one standardized smoke detector in all the dwellings and to ensure the proper functioning and maintenance of the said detector.
Tax and social obligations of the Owners
For any rental of a property or a room, the Owner is informed that he will have to discharge his fiscal and social obligations with regard to the rents received, which he must declare as a private individual or professional to the competent public authorities according to his status (tax authorities, municipality, urssaf...).
The rents can be considered as land income or industrial and commercial profits. It is reminded that only the first rent is collected for a Reservation through the Platform for the amount indicated by the Owner in his Ad and that it is the Owner's responsibility to declare the amounts actually collected from the Tenant. Any tax evasion exposes the Owner to a tax adjustment, fines and criminal sanctions.
The Owner is solely responsible for the information provided to the authorities concerning his/her activities in connection with the use of the Platform. Before any action or declaration, the Propriétaire peut notamment s’informer sur les sites des administrations permettant de se conformer, le cas échéant, à ces obligations :
The information provided is for information purposes only and can in no way be considered as exhaustive. CLOE does not provide any advice on the taxation of rental income.
ARTICLE 11 : Cancellation conditions
Within the framework of the use of the Platform, the Tenant may have to make a reservation of an accommodation online.
The Owners may not cancel a Reservation made on the Platform, and shall be liable in case of late and unjustified cancellation for any damage suffered by the Renter. Late and unjustified cancellation of a Reservation constitutes a breach by the Owner of its obligations under these GCU. Therefore, the cancellation request must be justified and will be examined by CLOE. In any case, the Owner will not be able to collect the first rent paid via the Platform or will have to return it in case of cancellation of the Reservation by the Owner.
The Owner is informed that the Renter can cancel the reservation under the following conditions.
If the Tenant cancels more than 30 days before the arrival date indicated on the Platform, the rent is refunded to the Tenant and the Owner must find a replacement.
If the Tenant cancels his/her Reservation less than 30 days before his/her arrival (date indicated on the Platform), the first month's rent is paid to the Owner if the reason for the cancellation is not a case of force majeure.
If the Tenant cancels his/her Reservation less than 30 days before his/her arrival (date indicated on the Platform), the first month's rent is not paid to the Owner if the reason for the cancellation is a case of force majeure or is considered as such in the GTC, namely the following cases
- Unhealthy housing
- Housing that does not comply with the Ad
- Housing that does not meet the legal conditions of surface and volume
- Owner who does not respond within 5 days of the arrival date of the tenant in the accommodation
- Housing uninhabitable or inaccessible following an external, unforeseeable and irresistible event (natural disaster, water damage)
- Accommodation finally unavailable due to overbooking
- Accommodation is finally unavailable because the Owner keeps it for personal reasons
- Accommodation is finally unavailable due to a misuse of the Platform
- The Owner does not respect the legal procedures for renting, especially concerning the conclusion of a rental contract, the inventory of fixtures, the methods of payment of rent, etc.
The Owner must send all the necessary documents to the CLOE support, at the following e-mail address: email@example.com.
ARTICLE 12 : Intellectual property rights
"CLOE" is a registered trademark with the INPI.
CLOE is the exclusive owner of the intellectual property rights on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as its databases of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database law and image rights, and this for the whole world.
In this respect and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use, subject to different or even more restrictive provisions of this code, is authorized.
Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization is obtained from CLOE.
Any form of total or partial copy, aspiration and reproduction of the database produced and operated by CLOE on the Platform is strictly forbidden without its prior written consent.
CLOE is not the owner of the content published on the Platform. By using the Platform and accepting the TOS, the Owner grants CLOE a non-exclusive, royalty-free, worldwide, royalty-free, transferable, irrevocable and sub-licensable right to use the content the Owner publishes on the Platform.
Under the present license, the Owner authorizes CLOE to freely use all or part of the published contents, to represent them, to broadcast and reproduce them on the Platform.
CLOE remains free to distribute the Owner's contents in a promotional, advertising and lucrative way, in particular through contests or partnerships. This diffusion can be done by any means, subject to the Owner's rights of opposition recognized by the law.
Consequently, the Owner declares that :
- He/she is the owner of the content published on the Platform or through it, or that he/she is authorized to grant the rights and licenses mentioned in these GTU;
- The publication and use of the content on or through the Platform does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, rights of privacy, publicity rights, copyrights, trademarks and other intellectual property rights; and
- He agrees to pay all royalties, fees and other sums due in connection with the content published on or through the Platform.
ARTICLE 13: Protection of personal data and confidentiality
At the time of his first connection, the Owner expressly consents to the processing of his Personal Data within the limits of a processing strictly necessary for the proper functioning of the Platform.
The personal information collected in the context of these GTU is mandatory. This information is necessary for the processing and provision of services. The lack of information prevents the proper functioning of the services offered online.
The Owner acknowledges and agrees that Personal Data may be transferred or stored outside of the country where CLOE and/or the Authorized Owners are located, for the purpose of performing the services contemplated by these TOU.
In the case of Owners located in the European Economic Area ("EEA"), the Owner acknowledges and agrees that Personal Data may be transferred or stored outside the EEA for the purpose of performing the services contemplated by these TOU.
CLOE will implement all technical and organizational measures necessary to respect the protection of Personal Data, both at the design stage of the service and by default. CLOE undertakes to limit the amount of Personal Data processed from the outset.
The Owner shall ensure that it has the right to transfer the relevant Personal Data so that CLOE may lawfully use, process and transfer such Personal Data on its behalf in accordance with the TOU.
The Owner shall ensure that the relevant third parties have been informed of such use, processing and transfer and have consented thereto, as required by all applicable data protection laws.
CLOE collects Personal Data only in accordance with the terms of these TOU and any reasonable and legal instructions that Owner shall give at any time.
Where CLOE becomes aware of a breach of rights in relation to the processing of Personal Data, such breach shall be notified to the CNIL within a period of not more than 72 hours of becoming aware of it where this is provided for by the applicable regulations.
Any breach relating to the processing of the Owner's Personal Data shall be notified to the Owner concerned by e-mail, within one (1) month.
Each party shall take appropriate technical and organizational measures to combat unauthorized or illegal processing of Personal Data or its accidental loss, destruction or damage.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing before the entry into force of the General Regulation on data protection, files and freedoms, the processing of personal information collected on the Platform has been declared to the Commission Nationale de l'Informatique et des Libertés under n°1836642v0.13.1 Use and transmission of Personal Data
In order to ensure the functioning of the Platform CLOE must proceed to the necessary processing of Personal Data. The processed data are directly transmitted according to the following methods and for the following purposes:
- Creation of an account ;
- Creation of ads;
- Publication and sharing of content;
- Statistics on the number of visitors to the Platforms;
The information of the Personal Data collected for these purposes is mandatory for the confirmation and the validation of the CLOE account. Otherwise the services cannot be provided.
CLOE may also use this data to process the Owner's requests as well as to reinforce and personalize its communication, in particular through newsletters/emails, and finally to personalize the Platform according to the preferences noted by the Owners. CLOE may also provide its partners with consolidated and anonymized statistics relating to Owners, but these statistics do not contain any personal data.
These data may be transmitted to technical service providers, for the sole purpose of the proper execution of the services, or to various suppliers such as payment solution providers. The Owner agrees that CLOE may share information about him/her in order to facilitate the use of the Platform accessible at www.cloe-edu.fr.
The Personal Data communicated by the Owner will be destroyed no later than six months after the account is deleted. CLOE reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus kept will be limited to what is strictly necessary.
13.2 Rights of access, modification, opposition, portability and deletion
In all cases, the Owner has the right to access, modify, oppose, portability and deletion of his Personal Data by writing to the following address
firstname.lastname@example.org indicating his name, first name, e-mail and address.
In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the Owner and specify the address to which the reply should be sent. A reply will be sent within 2 months of receipt of the request.
The Owner will be able to retrieve his Personal Data in an open and readable format. The right to portability is limited to the data provided by the Owner concerned. It applies on the basis of the Owner's prior consent. CLOE undertakes to transfer, upon request, within one (1) month, any document collecting the Personal Data to the Owner in order to implement the right to portability. The costs related to the retrieval of the data shall be borne by the Owner making the request.
The personal data communicated by the Owner will be destroyed at the latest six months after the account is deleted. CLOE reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus kept will be limited to what is strictly necessary.
13.3 CLOE Newsletters
Depending on the choices made by the Owner, he may receive the CLOE newsletter.
By expressly agreeing to this, the Owner accepts that CLOE may send him/her a newsletter which may contain information on new activities offered by CLOE's partners. Owners will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
In accordance with the deliberation of the CNIL n° 2013-378 of December 5, 2013. CLOE informs, the Owners moreover, that cookies record certain information that is stored in the memory of their hard drives. This information is used to generate audience statistics for the Platform and to offer services according to the services Owners have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Platform, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Owner.
The Owner visiting the home page or another page of the Platform directly from a search engine will be informed of:
- The precise purpose of the cookies used;
- The possibility of objecting to these cookies and changing the settings by clicking on a link in the banner;
- Of the fact that the continuation of its navigation is worth agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Owners visiting the Platform, the banner will not disappear until they have continued their navigation.
Unless prior consent is obtained, cookies will not be deposited or read:
If the Owner goes to the Platform (home page or directly to another page of the Site from a search engine for example) and does not continue his navigation: a simple absence of action cannot be considered as a manifestation of will;
Or if he/she clicks on the link present in the banner allowing him/her to set the parameters of the cookies and, if necessary, to refuse the deposit of cookies.
ARTICLE 14. Technical provisions
The services are provided as is and as available. CLOE does not guarantee an error-free, uninterrupted and secure provision of the services offered via the Platform. CLOE is not bound by any obligation of personalized assistance, in particular technical assistance. CLOE disclaims any express or implied warranty, in particular concerning the quality and compatibility of the Platform for the use that the Owners will make of it. CLOE does not guarantee any result or benefit from the use of the services offered through the Platform. CLOE does not guarantee either that the information and data circulating on the Internet are protected against such attacks or possible hijackings.
ARTICLE 15 : Security
The Owner undertakes to take all reasonable precautions to preserve the confidentiality of his login and password allowing access to the Platform. In this respect, the Owner undertakes in particular to:
- Not to write down his login or password anywhere and under any circumstances, even in encrypted form;
- To always use his identifiers away from prying eyes and ears;
- Not to compose his identifiers in front of third parties;
It is also strongly recommended that the Owner change, at regular intervals, the password required for access to the Platform, by accessing his account, tab "my account", "my password", then "edit".
When changing his password, the Owner must ensure that the password does not consist of easily identifiable combinations such as his surname, first name, date of birth, or those of a close relative (spouse, child, etc.), or a password used for other purposes (in particular for a personal email, etc.).
The Owner must make sure to choose a password that is long enough and composed, whenever possible, of a combination of letters, numbers, and upper and lower case characters.
CLOE may, at its discretion, impose an expiry date on the Owner's password, after which the Owner will not be able to access the Platform and the services without first changing his password.
The Owner also undertakes not to store his/her identifiers on his/her computer, smartphone and/or digital tablet, nor to send them via unsecured transmission channels such as e-mail, sms.
The Owner is also responsible for deleting the information stored on his/her computer, smartphone and/or digital tablet after using the payment services, including deleting cookies and history or deleting data stored in the cache memory.
The Internet is an open international telecommunications network that the Owner can access through a computer, smartphone or digital tablet. In order to access the Platform and the services, the Owner must comply with the technical requirements (regarding equipment and software) as described in these TOU.
The Owner is required to take all necessary measures to ensure that the technical characteristics of their computer, smartphone, or digital tablet, as well as their software and internet subscription, allow them to access the Platform safely.
The Owner is entirely responsible for the proper functioning of his computer equipment, as well as his internet connection. In this respect, the Owner must ensure that this equipment is free of problems or viruses and has sufficient security to prevent the risk of a third party gaining access to his/her account and the data contained therein.
The Owner must make every effort to maintain this security. To do so, the Owner must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting CLOE's computer systems. In particular, the Owner must ensure the security of his computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.
The Owner assumes all technical risks, in particular those related to a power cut, a connection interruption, a malfunction or an overload of the networks or systems.
The Owner acknowledges that he/she must use the Internet service provider of his/her choice to access the Internet, the Platform and the services. In this context, the Owner acknowledges that it is up to him to choose his Internet access provider and to set the terms of his relationship with him.
CLOE shall not be responsible for any risks related to the Internet access and to the transmission of remote data by the Owner or to the Owner, in particular in case of a dispute between the Owner and the Internet access provider, by relation with the confidentiality/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions of telephone lines and the Internet network.
The Owner is responsible for using the services in accordance with the technical requirements and security instructions given by CLOE.
Under normal conditions, the services are accessible through the Platform.
The Owner shall connect to the Platform for a limited period of time and agrees to disconnect as soon as he/she has finished using the services. The disconnection to the Platform is not automatic, once connected, the Owner remains connected to the Platform until he/she disconnects by clicking on the disconnection indication on the Site.
15.2 Modification and termination of services
The Owner may unsubscribe from the Platform at any time by clicking on the "delete account" button in his Owner Space. CLOE confirms to the Owner, by electronic means, his unsubscription to the services of the Platform, his unsubscription taking effect on the date of this confirmation by CLOE.
The deletion of the account is final, and the Owner will not be able to retrieve his data. The Ads will be automatically dereferenced.
CLOE reserves the right to modify or stop offering all or part of the services at any time, at its own discretion. The Owner shall be informed of such modifications and/or termination by any useful means, within an indicative period of fifteen (15) days.
The termination of the services, for any reason whatsoever, including in case of withdrawal by CLOE under the conditions provided for by the GTU and the law, shall result in the deletion of the Owner's account, who shall then no longer have access to his account.
Whatever the cause of the termination of services for an Owner, the amount of the first rent paid by the Tenant for a Reservation shall be paid to the Owner's bank account indicated on the Platform at the date fixed in accordance with the GTC.
ARTICLE 16 : Force majeure
Any event beyond the control of CLOE and against which CLOE could not reasonably protect itself shall constitute a case of force majeure and shall suspend the obligations of the parties, such as, but not limited to, a strike or a technical failure (edf, erdf, telecommunication operators, Internet access or hosting providers, Registrar, etc.), a stoppage of the supply of electricity, a breakdown of the Internet access or hosting services, etc. ), a stop of energy supply (such as electricity), a failure of the electronic communication network on which CLOE depends and/or of the networks that would replace it.
CLOE shall not be held responsible, or considered to have failed in its obligations under these TOU, for any non-performance related to a case of force majeure such as as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after cessation of the force majeure on the other hand.
ARTICLE 17 : Entirety
The provisions of the present GCU express the entire agreement concluded between the Owners and CLOE. They shall prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present GTU, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the GTU, except in the case of an amendment duly signed by the representatives of both parties.
Unless otherwise specified in these GTU, the correspondence between the Owners and CLOE shall be carried out by electronic mail via the Platform. In application of articles 1316 and following of the Civil Code and, if necessary, of article L.110-3 of the Commercial Code, the parties declare that the information delivered by electronic mail is authentic between the parties as long as no contradictory written document authenticated and signed, calling into question this computerized information, is produced.
The elements such as the time of reception or transmission, as well as the quality of the received data shall be deemed authentic by priority as they appear on CLOE's information systems, or as they are authenticated by CLOE's computerized procedures, unless the Owners provide written and contrary proof.
ARTICLE 18 : General
The fact that one of the parties to these TOU has not required the application of any clause, either permanently or temporarily, shall in no case be considered as a waiver of the rights of this party arising from the said clause.
If one or more provisions of these TOU are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions of these TOU shall remain in full force and effect. If necessary, CLOE undertakes to immediately remove and replace the said clause by a legally valid clause.
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be considered as not written.
ARTICLE 19: Applicable law
The present GCU are governed and interpreted in accordance with the French lawThis Agreement shall be governed by the laws of France, without regard to the principles of conflict of laws.
In the event of a dispute arising from the interpretation and/or performance of these GTUs or in connection with these GTUs, the Parties agree to make every effort to resolve amicably any dispute to which these GTUs may give rise.
Thus, in the event of a dispute between an Owner and CLOE, the parties agree to negotiate in good faith to settle the dispute.
INFORMATION NOTICE OF THE SPECIAL CONDITIONS FOR RENTAL COVER N° 60 128 547 AND LEGAL PROTECTION N°788770
Enter your email address to chat with the Cloe team