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 with the Paris Trade and Companies Register under number B 899 119 192.
The platform accessible from the URL link www.cloe-edu.fr and its subdomains is published by CLOE.
It is possible to contact CLOE at the address indicated at the top of these terms and conditions, or by e-mail at the address firstname.lastname@example.org.
These General Terms and Conditions of Use (hereinafter referred to as the "GCU") define the legal framework for the use of the CLOE Platform by Tenants. The T&Cs also contain information relating to the rights and restrictions imposed by laws or regulations. They can be supplemented by information on the Site and in particular in the "F.A.Q – Tenant" part of the Site.
ARTICLE 1: Definition
In the General Terms and Conditions of Use, words or phrases beginning with a capital letter have the following meaning:
ARTICLE 2: Purpose and scope
CLOE is a networking platform allowing Tenants to book electronically and remotely, quickly and easily, a home for rent near a given place in France thanks to the features made available on the Platform.
The creation of the Tenant Area allows, via the Platform:
By using the Platform, the Tenant declares to accept without reservation the present GCU to which he must adhere to register. The Tenant declares and acknowledges, accordingly, having read and understood the provisions of these Terms. At any time, if the Tenant disagrees with any of the clauses of the GTCU, he may immediately terminate the use of the Platform and associated services by deleting his Space.
These T&Cs are available at any time by clicking on a direct link located at the bottom of each page of the Platform.
The GTCU apply to Bookings made:
CLOE having its own Platform, without prejudice to the contractual conditions applied by this partner. The list of partner establishments is available in the F.A.Q. Locataires.
ARTICLE 3: Entry into force – duration
These T&Cs are applicable throughout the duration of navigation and access to the Platform and for the entire duration of use of the Platform. The Tenant is free to close his account at any time and is not bound by any commitment of duration vis-à-vis CLOE.
CLOE reserves the right to modify these T&Cs at any time by indicating their date of update in the header.
Any changes will take effect from their acceptance. The Tenant agrees to be notified of the updated T&Cs by their publication on the Platform or any other form of notification.
The update of the GTCU resulting in changes over the duration, characteristics or price of the services provided on the Platform will be notified to the Tenant and subject to his acceptance. In case of refusal of the updated GTCU, the Tenant may terminate his account free of charge which will result in the de-referencing of his profile on the Platform.
In other cases, by continuing to use the Platform or by accessing it after the effective date of the updated GTCU, the Tenant declares to have read the updates and accepts all the changes made to them.
The latest accepted version of the GTCU available online on the Platform will prevail, if applicable, over any other version of these T&Cs.
ARTICLE 4: Creation of a CLOE account
Navigation and access to information on the Platform are subject to the Registration of the Tenant on the Platform.
In order to access all the functionalities of the Platform, the Tenant must create his Tenant Area and when registering, tick the boxes of agreement to the collection and processing of his personal data and acceptance without reservation the General Conditions of Use of the services on the Platform.
The Tenant must, when registering, must provide the following information:
Once the CLOE account has been validated, the Tenant receives a confirmation email . The Tenant can then access the functionalities of his Space and can transmit a certain amount of optional information to facilitate the search for accommodation on the Platform.
CLOE may request certain information in order to attest to the reality of the Identity of the Tenant. By accepting these Terms, the Tenant agrees to transmit all the information requested.
Incidentally, the Tenant can scan all the parts usually necessary to constitute a rental file:
The Tenant has the possibility to transmit via the Platform, to the Owner or Professional concerned, any other information necessary to facilitate the Reservation of an accommodation.
This information is optional and does not affect the process of finding accommodation on the Platform. The Tenant is informed that these make it possible to maximize the chances of obtaining the accommodation for which the Tenant has made a Reservation request.
Special conditions applicable to the Guaranteed Profile
After creating his Space, the Tenant can subscribe to the guaranteed Profile service offer offered optionally by CLOE.
The subscription of the GarantMe Profile may be subject to the upload by the Tenant of supporting documents on the Platform (tenant identity document requested, certificate of schooling or employment contract, allowing to have a guarantee of confidence in case of disaster). Failing to provide the requested elements, CLOE may automatically refuse the confirmation of the order and reserves the right to refund the price of the GarantMe Profile to the Tenant who has not provided all the elements required for this service.
This paid offer, independent of any Booking request, allows the Tenant:
The highlighting of his profile on the Platform thanks to the mention "Guaranteed Profile activated" on the profile, visible by the Advertisers in case of Reservation request;
To be eligible for the CLOE Guarantee when Booking on the Platform, at no additional cost in addition to the Booking Fees and the payment of the 1st month's rent.
From the confirmation of the order of the Guaranteed Profile sent by email to the Tenant, the Guaranteed Profile is valid for a limited period of six months. The Guaranteed Profile is not tacitly renewed, and cannot be paused. The order of the Guaranteed Profile is firm and final, and can not be the subject of any refund request including in the absence of a Reservation request on the Platform and / or effective Reservation on the Platform.
The Guaranteed Profile does not in any way attribute the status of guarantor or guarantor to CLOE. The Tenant's Guaranteed Profile has no legal value with third parties, does not constitute a guarantee and the Tenant may inform only potential housing rental companies as an indication.
ARTICLE 5: Respect for the use of the Platform
CLOE is an accommodation booking platform. It is indicated in our GTCU on both the Advertiser and Tenant sides that the reservation must be made on the platform.
We are very vigilant about the behavior of our users. Deviant behaviors are:
Thus, in the event of a Reservation request or any other contact with an Advertiser via the Platform concerning the rental of a property, the Tenant undertakes to finalize the Reservation via the Platform exclusively. Given the reservation service offered, it is expressly prohibited to exclude the use of the Platform to conclude any agreement with the Advertiser for the rental of an advertised property. This is an essential and ethical obligation towards the service offered by CLOE.
CLOE may automatically prevent in the tools of exchanges between Tenants and Advertisers the possibility of providing email addresses and telephone numbers in order to make a reservation outside the Platform. The Tenant expressly accepts that e-mail tools may automatically detect certain keywords and that correspondence does not have the character of private correspondence, CLOE reserving the right to access them to monitor compliance with the service.
In the event of a breach of these rules and detection by the booking tools of a risk of fraud and booking outside the Platform, CLOE may, depending on the severity and repetition of this violation, warn this user, lower the visibility of the Tenant's profile, suspend the Tenant's access to his Space.
In case of violation of this rule, CLOE reserves the right to charge a penalty corresponding to the amount of the Booking Fee applicable at the time of the violation found by CLOE. The Tenant expressly accepts this penalty, as a fixed and advance assessment of the damage. The Tenant undertakes to pay the amount of the applicable penalty on presentation of the corresponding invoice. Without payment of the invoice by the Tenant within 10 days after it is sent, CLOE will suspend the Tenant's account and initiate a recovery procedure, via its legal counsel, against the Tenant.
ARTICLE 6: Pricing and payment conditions
The creation of the Tenant Area to access the ads published on the Platform is free. As part of the use of the Platform, the Tenant may be required to make online payments via the Platform, with Advertisers and CLOE.
To make a Reservation on the Platform, the Tenant must pay on the one hand the Booking fees to CLOE and on the other hand the amount of the 1st month's rent that will be given to the Advertiser from the start date of the rental indicated on the Platform.
In the event of a request for a CLOE Guarantee by the Advertiser, a CLOE Guarantee fee will be charged to the Tenant, who will be duly informed. In this case, the Reservation is subject to the payment of additional costs of CLOE Guarantee for the Tenant whose amount is automatically calculated according to the rental period and the amount of the rent indicated by the Advertiser as part of the Reservation request. These additional costs for the Guarantee are not charged when the Tenant has the Guaranteed Profile at the time of finalizing the Reservation on the Platform.
Tenants are duly informed that only the first month's rent is paid via the Platform, and that it is their responsibility to pay the following rents directly to the lessor. The Platform does not allow you to pay a security deposit or any other sum that may be requested by an Advertiser from the Tenant outside the Platform. Tenants must inquire with advertisers about the fees, charges, etc. that may be claimed from them as part of the Reservation, outside the Platform.
Each Tenant guarantees to have the necessary authorizations to use the chosen payment method and that the information transmitted gives access to sufficient funds to cover all the costs resulting from the Reservation.
CLOE is in no way a banking institution and all the services of payment intermediary, collection on behalf of third parties and creation and management of electronic wallets are provided by Stripe, an approved partner specialized in these services.
The use of the online payment features via Stripe implies unreserved acceptance of Stripe's general terms and conditions of sale. CLOE therefore invites Tenants to read their general conditions of sale accessible at the address www.Stripe.com/fr/legal. It is up to the Tenants to verify the adequacy of the services to their needs.
Transactions made through them are secured using an SSL encryption process in order to strengthen all the jamming and encryption processes by optimizing the protection of all Personal Data related to this means of payment.
The banking information is communicated directly to the Secure Payment Provider. CLOE never has access to confidential information relating to the Tenants' means of payment.
ARTICLE 7: Electronic signature
As part of the use of the Platform, the Tenant and/or his guarantor may be required to use the electronic signature functionality on the Platform. Each Tenant guarantees to have the necessary authorizations to use the chosen electronic signature, the quality and legal capacity necessary to sign the document in question.
The electronic signature results from the use of a reliable identification process through the use of the certificate guaranteeing its link with other electronic data to which it attaches.
All services related to the implementation of an electronic signature system, including authentication services and management of the identity of Tenants, are exclusively provided by Docusign, CLOE's partner specialized in these services.
The use of electronic signature features constitutes unreserved acceptance of the applicable Docusign general terms and conditions of sale . CLOE therefore invites Tenants to read their general conditions of sale accessible at the address https://www.docusign.com/company/terms-and-conditions/msa before any use of this feature. It is up to the Tenants to verify the adequacy of the services to their needs.
The signatures made through them are secured according to an encryption process in order to strengthen all the jamming and encryption processes by optimizing the protection of all Personal Data related to the electronic signature.
By using this functionality via the Platform, Tenants acknowledge that the process of electronic signature of an electronic document necessarily requires an asynchronous mode of operation involving one of the signatories signing before the other. Accordingly, the Tenants expressly agree that in order to conclude an agreement, the deed must be signed by all the parties it designates. The first signature of an electronic document does not constitute an offer or unilateral undertaking of will of the first signatory who affixed his electronic signature to the electronic document.
When an electronic document must have a signature date, the Tenants agree that this date will be the date mentioned in said electronic document, by the signatory or signatories. In the absence of a date mentioned in said electronic document, the Tenants agree that the date of signature will be the date of the online publication of the electronic document, by its last signatory, as this date appears from the computer records of the Platform.
ARTICLE 8: Obligations of the Tenant
The Tenants undertake, during the use of the Platform, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. They are solely responsible for the content they upload, transmit, upload, etc. on and/or via the Platform. As such, CLOE cannot be held liable under any circumstances for the words and content of the Tenant, unless the law provides otherwise.
To this end, the Tenant undertakes:
The Tenant must ensure that all the information communicated on the Platform remains correct and refrains from creating or using on the Platform, unless authorized, other accounts under his own identity and / or that of a third party, being reminded that any identity theft is liable to prosecution and criminal sanctions, that finally any violation of this commitment may result in the immediate suspension and without notice of the Tenant's account.
The Tenant also guarantees and undertakes:
In the event of a breach or contravention of these rules due to the transmission of this information, CLOE reserves the right to delete this disputed content without notice and, if necessary, the Tenant's access to his Space.
ARTICLE 9: Liability
The Tenants are solely responsible for the use they make of the Platform and the direct or indirect consequences of this use.
It is the Tenant's responsibility to ensure that the Advertiser does not request, under the rental file, elements contrary to any regulations in the matter, in particular provided for by Decree No. 2015-1437 of 5 November 2015 setting the list of supporting documents that may be requested from the candidate for the rental and the person possibly acting as guarantor. The Tenant is always free not to transmit via the Platform elements requested by an Advertiser, and to report to CLOE any request from an Advertiser that he deems abusive.
CLOE cannot be held responsible for the choices made by the Tenant concerning a dwelling or an Advertiser. As part of the provision of the Platform, CLOE does not undertake to verify the reality of the content of the ads on the Platform with the Advertisers, does not make any commitment relating to visits, the inventory of entry and exit, the conclusion of a rental contract in accordance with the regulations. It is the Tenant's responsibility to ensure that the rental offer that is the subject of a Booking request actually corresponds to his needs and to verify that the proposed rental contract complies with the regulations.
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 respective officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:
In addition, CLOE cannot be held responsible for the non-functioning, impossibility of access or malfunction of the services of the Tenants' access provider, to those of the Internet network. It will be the same for all other reasons outside 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 equipment and computer programs.
Services are provided on an "as is" and "as available" basis. 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 all express or implied warranties, in particular, concerning the quality and compatibility of the Platform with the use that the Tenants will make of it. CLOE does not guarantee any result or benefit in the use that will be made of the services offered through the Platform. Cloe also does not guarantee that information and data circulating on the Internet are protected against such attacks or possible misappropriation.
CLOE is in no way a party to any contract concluded between the Tenant and an Advertiser, Owner and / or Professional, does not carry out any control on the validity of the contract proposed and / or concluded, including when this contract is signed by means of the functionalities of the Platform including electronic signature. Therefore, the Tenant acknowledges that any claim relating to the execution of any rental contract with an Advertiser cannot be submitted directly to CLOE.
The Tenant is informed that he may neither transfer nor sublet the accommodation that has been the subject of a Reservation, except with the prior written consent of the Advertiser.
In any case, the Tenant is duly informed that:
ARTICLE 10: Right of withdrawal - Cancellation conditions
Right of withdrawal - Reservation
In accordance with the provisions of Article L221-28 of the Consumer Code "The right of withdrawal cannot be exercised for contracts: [...] 12 ° Provision of accommodation services, other than residential accommodation, transport services, car rentals, catering or leisure activities that must be provided on a fixed date or period"
Under these conditions, the Tenant has no right of withdrawal concerning reservations of accommodation for rent via the Platform.
As part of the use of the Platform, the Tenant may be required to make a Reservation with an Advertiser involving the online payment of the 1st month's rent for renting a dwelling. Tenants may cancel an Accommodation Booking in accordance with the cancellation policy below.
Conditions for cancelling a Booking with a Professional
When the Reservation has been made with a Professional, then the Tenant is expressly informed that the Professional sets his cancellation conditions independently of CLOE concerning the sums paid to the Professional. THE BOOKING FEE and CLOE Guarantee Fee follow the same cancellation policy as with an Owner.
Any cancellation conditions of the Professional are applicable regardless of the cancellation conditions of the Platform. CLOE declines all responsibility for the cancellation conditions set and/or applied by professional Advertisers.
In this case, it is up to the Tenant to inquire via the Platform directly with the Advertiser of the Professional's cancellation conditions applicable to an offer, before any Reservation, to ensure that these cancellation conditions correspond to his needs.
Conditions for cancelling a Booking with an Owner
If the Booking was made with an Owner, CLOE's cancellation policy will be applied as follows:
Cancellation for cases of force majeure or assimilated as such in the GTCU:
Cancellation without force majeure:
What is a case of force majeure? This is an exceptional situation such as:
Any cancellation request is studied individually according to the date of cancellation and the supporting documents provided by the Tenant and, where applicable, by the Advertiser. The Tenant must send all the supporting documents necessary for the assessment of the situation to CLOE support, at the following email address : email@example.com.
When the refund request is validated with the Tenant, CLOE reserves a period of 15 days to make this refund.
ARTICLE 11: Intellectual property rights
"CLOE" is a registered trademark with the INPI.
CLOE is the exclusive owner of the intellectual rights on the Platform and in particular of all 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 under copyright, trademark law, patent law, sui generis database rights and image rights, for the whole world.
As such, 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 counterfeiting and is punishable under the Intellectual Property without the prior authorization of CLOE.
Any form of total or partial copying, aspiration and reproduction of the database produced and operated by CLOE on the Platform is strictly prohibited without its prior written consent.
CLOE does not own the content published on the Platform by users. By using the Platform and accepting the GCU, the Tenant grants CLOE a non-exclusive, royalty-free, perpetual, royalty-free, royalty-free, transferable, irrevocable and subject to a sub-license right for the use of the content that the Renter uploads and/or publishes on the Platform.
Within the framework of this license, the Tenant authorizes CLOE to freely use all or part of the published content, to represent them, to disseminate and reproduce them on the Platform.
CLOE therefore remains free to disseminate the content of the Tenants in a promotional, advertising and lucrative context through, in particular, competitions or partnerships. This dissemination can be done by any means, subject to the tenant's rights of opposition recognized by law.
Therefore, the Tenant declares that:
He is the owner of the content published on the Platform or through it, or that he is authorized to grant the rights and licenses mentioned in these Terms;
The posting 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, privacy rights, publicity rights, copyrights, trademarks and other intellectual property rights; and
He agrees to pay all royalties, copyrights and other sums due in connection with the content published on the Platform or through it.
ARTICLE 12: Protection of personal data and confidentiality
During his first connection, the Tenant expressly consents to the processing of his Personal Data within the limit of a processing strictly necessary for the proper functioning of the Platform.
The provision of personal information collected within the framework of these Terms is mandatory. This information is necessary for the processing, the provision of services. The lack of information prevents the proper functioning of the services offered online.
The Renter acknowledges and agrees that Personal Data may be transferred or stored outside the country where CLOE and/or Authorized Tenants are located, for the purpose of performing the services provided for in these Terms.
In the case of Tenants located in the European Economic Area ("EEA"), the Tenant acknowledges and agrees that Personal Data may be transferred or stored outside the EEA, for the purpose of performing the services provided for in these Terms.
CLOE will implement all the technical and organizational measures necessary to respect the protection of Personal Data, both from the design of the service and by default. CLOE undertakes to limit the amount of Personal Data processed from the outset.
The Tenant must ensure that he has the right to transfer the Personal Data concerned so that CLOE can, in full legality, use, process and transfer them on his behalf in accordance with the GTCU.
The Renter must ensure that the third parties concerned have been informed of such use, processing and transfer, and that they have consented to it, as required by all applicable data protection legislation.
CLOE collects Personal Data only in compliance with the terms of these Terms and conditions and any legal and reasonable instructions that the Tenant will give at any time.
When CLOE finds a violation of rights in the context of the processing of Personal Data, this violation will be notified to the CNIL within a period not exceeding 72 hours after becoming aware of it.
Any violation relating to the processing of the Tenant's Personal Data will be notified to the Tenant concerned by e-mail, within one (1) month.
Each party will take appropriate technical and organizational measures to combat the unauthorized or unlawful processing of Personal Data or its accidental loss, destruction or deterioration.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, 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 the number 1836642v0
12.1 Use and transmission of Personal Data
In order to ensure the operation of the Platform CLOE must carry out the necessary processing of Personal Data. The processed data are directly transmitted in the following ways and for the following purposes:
Creating an account;
Publishing and sharing content;
Statistics of attendance of the Platforms;
The provision of Personal Data collected for these purposes is mandatory for the confirmation and validation of the CLOE account. Otherwise, the services cannot be provided.
CLOE may also use this data for the processing of the Tenant's requests as well as to strengthen and personalize its communication, in particular by newsletters / emails of information, and finally to personalize the Platform according to the preferences observed by the Tenants. CLOE may also provide its partners with consolidated and anonymized statistics relating to Tenants, but these statistics do not contain any personal data.
This data may be transmitted to technical service providers, for the sole purpose of the proper performance of the services, or to individual providers such as payment solution providers. The Tenant accepts that CLOE shares information concerning him in order to facilitate the use of the Platform.
The Personal Data communicated by the Tenant will be destroyed no later than six months after the deletion of the account. CLOE reserves the right to retain certain data in order to justify, if necessary, the perfect performance of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary.
12.2 Rights of access, modification, opposition, portability and deletion
In any case, the Tenant has a right of access, modification, opposition, portability and deletion of Personal Data concerning him by writing to the following address:
firstname.lastname@example.org by indicating his surname, first name, e-mail and address.
In accordance with the regulations in force, any request must be signed and accompanied by a photocopy of an identity document bearing the signature of the Tenant and specify the address to which the response must be sent. A response will then be sent within 2 months of receipt of the request.
The Tenant may retrieve his Personal Data in an open and readable format. The right to portability is limited to the data provided by the Tenant concerned. It applies on the basis of the prior consent of the Tenant.
CLOE undertakes to transfer, on request, within one (1) month, any document collecting Personal Data to the Tenant in order to be able to implement the right to portability. The costs related to the recovery of the data are the responsibility of the Tenant making the request.
The personal data communicated by the Tenant will be destroyed no later than six months after the deletion of the account. CLOE reserves the right to retain certain data in order to justify, if necessary, the perfect performance of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary.
12.3 CLOE Newsletters
Depending on the choices made by the Tenant, he may be the recipient of the CLOE newsletter.
By expressly giving his consent for this purpose, the Tenant accepts that CLOE may send him a newsletter (newsletter) that may contain information relating to new activities proposed by CLOE partners. Tenants will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
In accordance with the deliberation of the CNIL n ° 2013-378 of December 5, 2013. CLOE informs, Les Locataires in addition, that cookies record certain information that is stored in the memory of their hard drives. This information is used to generate audience statistics of the Platform and to offer services according to the services that Tenants 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 confidential information about the Tenant.
The Tenant going to the home page or another page of the Platform directly from a search engine will be informed:
the precise purposes of the cookies used;
the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
the fact that the continuation of its navigation constitutes agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of Tenants visiting the Platform, the banner will not disappear until it has continued to browse.
Unless prior consent, the deposit and reading of cookies will not be carried out:
If the Tenant goes to the Platform (home page or directly on another page of the Site from a search engine for example) and does not continue his navigation: a simple absence of action can not be assimilated to a manifestation of will;
Or if he clicks on the link in the banner allowing him to set cookies and, if necessary, refuses the deposit of cookies.
ARTICLE 13: Referencing, ranking and de-referencing of ads
The Renter has the possibility to set the ranking of the results according to the relevance, the increasing or decreasing price and the distance. It can configure the filters of the search engine (surface, number of rooms, APL eligibility, ...).
The criteria for ranking Advertisers' rental offers on the Platform's search engine according to their relevance are:
The rental offer is automatically dereferenced over a given period of availability, in case of Reservation on the Platform of the property being the subject, over the same period. In the event of a breach of the rules of ad moderation or violation of any obligation of the Advertiser to its contractual, legal or regulatory obligations, the offer referenced on the Platform may be de-referenced by CLOE.
Under these conditions, CLOE does not guarantee Tenants the maintenance of an offer over time on the Platform, any offer being freely and directly managed by its Advertiser who can modify and withdraw it at any time.
ARTICLE 14: Security
The Tenant undertakes to take all reasonable precautions to preserve the confidentiality of his username and password allowing access to the Platform. In this regard, the Tenant undertakes in particular to:
- Do not write anywhere and in no case his username or password, even in coded form;
- Always use your identifiers away from prying eyes and ears;
- Refrain from composing your identifiers in front of third parties;
It is also strongly recommended that the Tenant change, at regular intervals, the password required for access to the Platform, by accessing his Tenant Area, tab "my account", "my password", then "edit".
When changing his password, the Tenant 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 relative (spouse, child, etc.), a password used for other uses (including personal messaging, etc.).
In particular, the Tenant must ensure that he chooses a password that is long enough and composed whenever possible, of a combination containing both letters, numbers, as well as uppercase and lowercase characters.
CLOE may, at its discretion, impose an expiry date of the Tenant's password beyond which he will not be able to access the Platform and the services without making a prior change of his password.
The Tenant also undertakes not to store on his computer, smartphone and / or digital tablet, his identifiers, nor to send them via unsecured transmission channels such as e-mail, sms.
The Renter is also responsible for deleting the information stored on his computer, smartphone and/or digital tablet after using the payment services, in particular the deletion of cookies and history or the deletion of data stored in the cache.
The Internet is an open international telecommunication network to which the Renter may have access through a computer, smartphone or digital tablet. To access the Platform and the services, the Renter must comply with the technical requirements (concerning equipment and software) as described in these Terms.
The Tenant is required to take all necessary measures to ensure that the technical characteristics of his computer, smartphone, or digital tablet, as well as their software and internet subscription, allow him to access the Platform securely.
The Renter is fully responsible for the correct operation of his computer equipment, as well as his connection to the internet. As such, the Renter must ensure that this equipment does not present a problem or Virus and presents sufficient security to prevent the risk that a third party obtains access to his account and the data that this space contains.
The Tenant must make every effort to preserve this security. For this, the Renter must ensure in particular that there is no risk that hostile programs or Viruses access and disrupt CLOE's computer systems. In particular, the Renter must ensure the security of his computer, Smartphone, Digital Tablet, by regularly using and updating anti-Virus and anti-spyware software as well as a personal firewall.
The Renter assumes the technical risks in particular related to a power cut, an interruption of connections, a malfunction or the overloading of networks or systems.
The Tenant acknowledges that he must contact the Internet service provider of his choice to access the Internet, the Platform and the services. In this context, the Tenant acknowledges that it is up to him to choose his Internet service provider and to set the terms of his relations with him.
CLOE cannot be held responsible for the risks relating to internet access and the risks relating to the remote transmission of data by the Tenant or to the Tenant, in particular in the event of a conflict between the Tenant and this Internet access provider, in relation to the confidential/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions of telephone lines and the Internet network.
The Renter is responsible for using the services in accordance with the technical requirements in accordance with the safety instructions given by CLOE.
Under normal conditions, the services are accessible through the Platform.
The Tenant must connect to the Platform for a limited period of time and undertakes to disconnect as soon as he has finished using the services. The disconnection to the Platform is not automatic, once connected, the Tenant remains connected to the Platform until he proceeds to the disconnection by clicking on the indication disconnection of his Space.
14.2 Consequences of non-compliance with the GTCU or the law
In the event of a breach of the provisions of these Terms, CLOE reserves the right to modify or terminate the Tenant's access to the Platform at any time, without prior notice to the Tenant. In this case, the Tenant's content and information will no longer be accessible. This information may, however, be stored and appear on the Platform.
- To delete, without notice or compensation or right to refund, any content of a Tenant of housing that does not comply with the conditions of use of the Platform and / or that would be likely to infringe the rights of a third party;
- In the event of a serious or repeated violation, suspend the Tenant's access rights to his Space.
Content inaccessible to the Tenant or dereferenced from the Platform may be kept by CLOE, in particular, but not limited to, in order to comply with certain legal obligations.
In addition and without prejudice to the foregoing, the Tenant is informed that CLOE reserves the right to:
- Remove or remove any content or information that CLOE deems inappropriate, including advertiser content;
- Without prejudice to legal actions taken by third parties, exercise in a personal capacity any legal action aimed at repairing the damages that CLOE has personally suffered as a result of the breaches attributable to the Tenant under these Terms.
- Notify, if necessary, the competent authorities, cooperate with them and provide them with all information useful for the search for and repression of illegal or illicit activities, in accordance with the legislation in force.
Any Tenant who notices a breach by another Tenant or an Advertiser of the obligations and guarantees provided for in the GTCU is invited to report these actions by contacting CLOE as soon as possible electronically at the address email@example.com. CLOE may request any additional information or clarification useful to process the report.
14.3 Modification and termination of the services
The Tenant may unsubscribe from the Platform at any time by sending a request to this effect to CLOE, exclusively electronically. CLOE then sends the Tenant, electronically, the confirmation of the Tenant's unsubscription to the services, his unsubscription taking effect on the date of this confirmation by CLOE.
The deletion of the account is final and the Tenant will not be able to find his data. As soon as the account is deleted, the Tenant's profile will be automatically dereferenced from the Platform.
CLOE reserves the right to modify or stop offering all or part of the services at any time, at its own discretion. The Tenant is informed of these modifications and / or stop by any useful means, within an indicative period of fifteen (15) days.
In the event of non-compliance by the Tenant with these Terms, CLOE reserves the right to suspend or terminate the Tenant's access to the services, with immediate effect in the event that the Tenant does not comply with any stipulation of these Terms, or if the Tenant accesses the services in violation of any law, rule or regulation applicable to CLOE. The termination takes effect automatically on the date of its service by CLOE on the Tenant by post (letter) or electronically (email). Termination automatically entails the deletion of the Tenant's account without prior notice.
The termination of the services, for any reason whatsoever, including in the event of withdrawal by CLOE under the conditions provided for by the GTCU and the law, entails the deletion of the Account of the Tenant, who then no longer has access to his account.
ARTICLE 15: Force majeure
Any event outside the control of CLOE and against which CLOE could not reasonably protect itself constitutes a case of force majeure and suspends as such the obligations of the parties, such as for example without this list being exhaustive: a strike or a technical breakdown (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a stop in the supply of energy (such as electricity), a failure of the electronic communication network on which CLOE depends and/or the networks that would replace it.
CLOE cannot be held liable, or considered to have failed in its obligations provided for in these Terms, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and perform as soon as possible its obligations after cessation of the case of force majeure on the other hand.
Unless otherwise provided in these Terms, correspondence between tenants and CLOE is provided by email via the Platform. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information provided by e-mail is authentic between the parties as long as no contradictorily authenticated and signed writing, calling into question this computerized information, is produced. Elements such as the time of receipt or issuance, as well as the quality of the data received will be authentic by priority as appearing on CLOE's information systems, or as authenticated by CLOE's computerized procedures unless written proof to the contrary is provided by the Tenants.
ARTICLE 16: General clauses
The provisions of these GTCU express the entire agreement concluded between the Tenants and CLOE. They prevail over any proposal, exchange of letters prior to and after accession to the present, as well as any other provision contained in the documents exchanged between the parties and relating to the subject matter of the GCU, except amendment duly signed by the representatives of both parties.
Unless otherwise provided in these Terms, correspondence between the Owners and CLOE is provided by e-mail via the Platform. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information provided by e-mail is authentic between the parties as long as no contradictorily authenticated and signed writing, calling into question this computerized information, is produced.
Elements such as the time of receipt or transmission, as well as the quality of the data received will be authentic by priority as appearing on CLOE's information systems, or as authenticated by CLOE's computerized procedures unless written proof to the contrary is provided by the Owners.
The fact that one of the parties to these T&Cs has not required the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of the rights of that party arising from said clause.
If one or more provisions of these T&Cs are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other stipulations of these T&Cs will retain all their force and scope. If necessary, CLOE undertakes to delete and immediately replace said clause with 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 deemed unwritten.
ARTICLE 17: Applicable law - Mediation
These T&Cs shall be governed by and construed in accordance with French law, without regard to the principles of conflicts of laws.
In the event of a dispute that may arise during the interpretation and/or execution of these Terms or in connection with these Terms, CLOE and the Tenant undertake reciprocally to make every effort to resolve amicably all disputes to which these Terms may give rise.
Thus, in the event of a dispute between a Tenant and CLOE, the parties agree to negotiate in good faith the settlement of the dispute.
Any person having the status of consumer may, in the event of a dispute resulting from the application of the GTCU, request free recourse to a consumer mediator, whom he can identify on the mediation-conso website. It is also possible to enter the online dispute resolution (ODR) platform accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
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