These Terms and Conditions of Sale are concluded on the one hand by the company 3WRE (Immojeune Group) issuer of the platforms Immojeune.com
- Definitions
- Generalities
- Object
- Obligations of the parties
- Services provided by 3WRE
- Partner commitments
- Private online access space
- Financial compensation
- Intellectual Property Rights
- Personal data
- Duration of the agreement
- Suspension and termination of the contract
- Privacy
- Independence of the parties
- Assignment
- Responsibility
- Litigation
-
Definitions
<strong> "User" </strong>: Person who uses the Site www.immojeune.com and / or residenceétudiante.fr and / or the ImmojeunePro service.
<strong> « Partner » </strong>: Moral person who requests Immojeune to benefit from the service. to broadcast adverts on our platforms immojeune.com and/or résidenceétudiante.fr, against payment
-
Generalities
strong> Immojeune.com: Platform for booking accommodation for students and young active people. Our advertisers: Student Residences, Real Estate Agencies, Worker's Homes, Youth Hostels, Shared Homes, Social Housing and Individuals.
Résidenceétudiante.fr : Platform for booking student housing and young active people. Our advertisers: Residence for students.
ImmojeuneForSchool : Private platform of paid housing for schools and universities in France.
strong> Immojeune.com: Platform for booking accommodation for students and young active people. Our advertisers: Student Residences, Real Estate Agencies, Worker's Homes, Youth Hostels, Shared Homes, Social Housing and Individuals.
-
Object
The purpose of the present General Terms and Conditions of Sale is to define and establish the conditions under which 3WRE offers the PARTNER to proceed with the publication, on the SITES, of advertisements for rental accommodation in student residence(s), operated by the PARTNER and corresponding to the one(s) referred to and agreed between the PARTIES.
The present General Terms and Conditions of Sale do not imply any exclusivity for the benefit of either of the PARTIES, insofar as 1) the PARTNER continues to directly broadcast accommodation rental advertisements by other means and 2) 3WRE offers similar services to other advertisers with an activity identical or similar to that of the PARTNER
-
Obligations of the parties
The PARTIES will endeavour to maintain an efficient service and up-to-date data at all times. They shall also ensure that visitors to the SITES are given a warm welcome and a quality service.
The PARTIES undertake to inform the other party within a maximum period of twenty-four (24) working hours of any difficulty falling within the scope of this agreement.
-
Services provided by 3WRE
5.1 - La diffusion des annonces de location de logements exploités par le PARTENAIRE
3WRE offers students visiting the SITES the possibility to access accommodation advertisements that meet their accommodation search criteria.
3WRE therefore undertakes to display, on the SITES, offers to rent accommodation in the residence(s) referred to in Appendix 2, from the PARTNER and after the PARTNER has provided all the information specified in Appendix 3.
3WRE undertakes to make any changes to the content of the accommodation rental advertisements that the PARTNER would like to make, before they are put online on the SITES and after the PARTNER has expressly requested this in writing to 3WRE, sent to the following address:
5.2 - Updating the rental adverts of housing units operated by the PARTNER
3WRE undertakes to update, throughout the execution of the present contract, the PARTNER's housing rental advertisements, published on the SITES, within a maximum period of forty-eight (48) working hours, after the PARTNER has expressly informed it in writing at the following address
, changes to be made.
The updating of advertisements includes, on the one hand, the modification of the technical characteristics of the accommodation and residence(s) and, more generally, of any element of the offer, in particular in the event of a change in the amount of rent or a change in the equipment installed and, on the other hand, the deletion of a rental advertisement relating to an accommodation that has become unavailable, in particular due to the conclusion of the relevant lease contract.
5.3 - Transfer of applications to the PARTNER
3WRE, as part of the management and follow-up of the files of students interested in one or more of the PARTNER's advertisements, hereinafter the "APPLICANTS", then sends by e-mail to the PARTNER, at the manager's address and with a copy to the marketing manager's address, all the data and information collected on the SITES, and relating to the APPLICANT.
This is sent in the form of a form pre-filled by the APPLICANT. The PARTNER acknowledges that 3WRE does not participate in the processing or control of the information provided by the candidates and that it is in no way responsible towards the PARTNER for any inaccurate information transmitted by the candidates.
This dispatch ensures that the candidate is put in contact with the PARTNER, for the purpose of concluding a lease contract for the accommodation chosen by the candidate and operated by the PARTNER.
Once the application has been made, it is processed by the manager, who must confirm the action taken and in particular whether it has resulted in the signing of a lease. The signing of a lease agreement results in the payment of the commission that appears in the contract.
It is noted that if the candidate is referred to another residence in the group, the commission is deemed to be due.
5.4 - The proposal of other offers of rental accommodation to the CANDIDATE
The PARTNER acknowledges that 3WRE may propose to the APPLICANTS, regardless of the outcome of the transfer of applications, other rental properties, which will not necessarily be operated by the PARTNER.
3WRE can in no way be held responsible for the lack of conclusion of a lease contract for one of the dwellings for which it is responsible for circulating the rental advertisement, both vis-à-vis the PARTNER and the CANDIDATES.
-
Partner commitments
6.1 - Provision of information on dwellings and residence(s) at 3WRE
The PARTNER undertakes to transmit to 3WRE, the complete characteristics of the accommodation and the residence(s), whose rental offers he wishes to publish on the SITES.
The PARTNER guarantees 3WRE the reliability, accuracy and completeness of the information provided by him/her.
Consequently, the PARTNER guarantees 3WRE against any contentious or pre-litigious claim, emanating from third parties, resulting from the data provided by him/her.
Throughout the execution of the contract, the PARTNER also undertakes to inform 3WRE in writing, as soon as possible, of any updates, within the meaning of article 3.2 of the present contract, that he wishes to make on the rental adverts for accommodation broadcast on the SITES.
In any case, 3WRE reserves the right not to publish, for the attention of visitors, an advertisement for rental accommodation, if it is made in contradiction with the object of the present partnership, or more generally with its editorial line and its pricing policy.
6.2 - Obligations of the PARTNER related to the characteristics of the dwellings
THE PARTNER undertakes to propose to the candidates coming from the SITES, accommodations depending on the residence(s) concerned.
The PARTNER undertakes to offer accommodation at the best financial conditions available at the moment on its official website, the partner sites, or at more advantageous financial conditions and to constantly update the amount of rentals.
The residence(s) proposed by the PARTNER, on the SITES, must consist of furnished and equipped student housing.
The PARTNER undertakes to ensure that the accommodation offered for rent on the SITES complies with the legal and regulatory standards relating to decent accommodation, so that this does not damage the good reputation of the brands operated by the 3WRE company.
6.3 - Obligations of the PARTNER with regard to the conclusion of the lease agreements
The partner undertakes to be transparent with 3WRE on the list of candidates who have integrated the group's residences and in particular thanks to the cross-referencing of files.
-
Private online access space
3WRE reserves the right to improve, during the execution of the contract and as soon as the necessary tool is technically available, the functional characteristics of the SITES by reserving for the PARTNER, a private online access space which will be accessible from " www.immojeunepro.com "".
This private online access space will enable the PARTNER to systematically update the rental offers for the accommodation dependent on the residence(s) referred to in Appendix 2, within the meaning of Article 3.2 of this contract. This availability update platform is accessible online.
3WRE undertakes to facilitate, for the PARTNER, the modifications, adaptations and/or transformations which will prove to be necessary for the setting up of the private online access space.
-
Financial compensation
In return for the services offered by 3WRE under the terms of this contract, the PARTNER will pay the lump sum according to the Immojeune price list.
An invoice corresponding to the 3WRE service is drawn up and sent to the PARTNER the day after the rental offers for the accommodation are published on the dedicated websites. The subscription can be composed of a fixed amount for a full calendar year, and/or a variable amount, invoiced every 1st of the month. This invoice is payable within a maximum period of one (1) month upon receipt.
In the event of non-payment of the invoice, 3WRE will send the PARTNER a formal notice by Registered Letter with Acknowledgement of Receipt, for recovery of the amount due. Failure to pay the invoice within eight (8) working days following the sending of the letter of formal notice will automatically lead to the invoicing of interest on arrears calculated on the basis of a rate equal to one and a half times the legal interest rate.
3WRE also reserves the right to suspend, until the payment of the invoice by the PARTNER and without further notice, the publication of rental adverts for accommodation depending on the residence(s) operated by the PARTNER. If no payment has been made within one (1) month following the date of the formal notice sent to the PARTNER, 3WRE will be entitled to terminate the contract without any prior formality.8.1 - Visibility Boosts
Each real estate professional or individual can subscribe to the BOOST offer via the management tool ImmojeunePro in order to highlight their adverts on our platforms. The subscription is made by credit card for a given period.
Private owners: boosts are renewed by tacit agreement (every 10 or 30 days).
8.2 - Users candidates
Each user can apply for 3 offers per day.
However, the user has the possibility to subscribe to an offer ''unlimited applications'' valid for 7 days and by tacit renewal. -
Intellectual Property Rights
Within the sole limit of the implementation of these general terms and conditions of sale, and in order to ensure, where applicable, the promotion of their activities, the PARTIES grant each other a non-exclusive authorisation to use, affix or reproduce on all commercial documents, their distinctive signs (company name, sign, trademark, logos, domain names, etc.) and this, for the duration of the contract established between the 2 parties and throughout the world.
The parties are informed and acknowledge that the use, affixing or reproduction of their distinctive signs, which they undertake to respect, are subject to the prior written authorisation of the party concerned.
This authorization must be formulated by the party concerned, in writing and within a maximum period of forty-eight (48) working hours from the time the request is sent by the other party.
In the event of failure to comply with the prior authorisation given by the party concerned, the latter reserves the right to terminate this contract within a period of fifteen (15) working days following the formal notice that has remained unanswered and/or to exercise any legal remedy.
-
Personal data
The execution of these general terms and conditions of sale gives rise to the collection and processing of personal data by the PARTIES, the use of which is subject to the provisions of the applicable data protection laws.
Each party undertakes to use the personal data to which it may have access within the framework of this contract, only for the purposes of the execution of this contract and within the strict framework of responding to hosting offers, refraining from reselling by itself or through third parties, personal data of the other party.
The PARTNER acknowledges that it may not reuse the personal data collected in a commercial context that would not result from the execution of this contract.
-
Duration of the agreement
These general terms and conditions of sale, governed by the law of the PARTIES, shall take effect, as from the date of subscription, for a fixed period defined in Article 8, with tacit renewal.
-
Suspension and termination of the contract
In the event of non-compliance by one of the PARTIES with one of its obligations or repeated breaches of contract, the other party may (1) suspend the performance of its obligations under the contract, (2) terminate this contract by operation of law, within one (1) month after the date of dispatch of the formal notice sent by LRAR to the defaulting party and not followed by action.
Termination will result in the termination of the transmission of applications to the PARTNER.
In the event of termination or suspension, the reservation files or remuneration elements provided for in the contract will be due for the current period.
Publishing adverts for owners :
In case of a report on one of your adverts by one or more users (suspicion of scams/fraud), ImmoJeune is entitled, after investigation, to deactivate your advert(s) and ban your account. If a particular account is banned while it has subscribed to a subscription (in progress), the landlord must notify us by registered mail a request for termination. As soon as we receive this letter, we will proceed to cancel your subscription.
-
Privacy
The terms of these general terms and conditions of sale as well as the operations carried out pursuant to them, the documents, concepts, know-how; the commercial methods, policies and strategies; the industrial and organisational strategy and, in general, the commercial and technical secrets of the parties are confidential.
The Parties undertake to keep confidential all information referred to in this Article concerning the other Party to which they may have had access in the course of the performance hereof.
The PARTIES also undertake to impose the respect of this obligation of secrecy on their employees and on any third party intervening in the execution of the present agreement. However, this obligation of confidentiality shall not apply to any information which is or would become public without the recipient party having breached its obligation of confidentiality.
-
Independence of the parties
The PARTNER and 3WRE are independent companies from each other and none of the provisions of this agreement shall create a de facto or de jure partnership, a joint venture, a mandate, a franchise or commercial agent contract, or an employment relationship between the PARTIES.
Given the specific nature of the PARTNER's services and those of 3WRE, the PARTIES shall refrain directly or indirectly from recruiting employees of the other party or its subcontractors, whoever they may be, during the duration of the present agreement and in the year following its expiry.
-
Assignment
Neither of the PARTIES may assign the benefit of these general terms and conditions of sale, without prior notice to the other party, unless such assignment is the consequence of an assignment of the assets of the party by way of a merger or internal restructuring of the group to which the Party in question belongs.
-
Responsibility
The PARTNER acknowledges that it takes full responsibility for the content of the advertisements that it requests to be displayed on the SITES.
Consequently, the PARTNER discharges 3WRE of all responsibilities and, if need be, will relieve them and guarantee them of all convictions which could be pronounced against it and which would be the consequences of the publication of its announcements.
3WRE undertakes to make its best efforts to secure access, consultation and use of the dedicated websites and to maintain an efficient service at all times. Access is possible twenty-four (24) hours a day, seven (7) days a week.
The PARTNER nevertheless acknowledges that 3WRE is bound by an obligation of means and cannot be held responsible for the consequences of an interruption of services beyond its control, either in case of force majeure or external, unforeseeable events beyond the control of 3WRE making the SITES temporarily unavailable, or in case of possible breakdowns and maintenance interventions necessary for the proper functioning of the SITES.
However, 3WRE guarantees the PARTNER the resumption of the service within a maximum of 24 working hours from the detection of the anomaly.
-
Litigation
These general terms and conditions of sale are governed by French law.
The PARTIES undertake to seek in all circumstances an amicable solution for the settlement of disputes and litigation that may arise between them.
Failing this, any dispute that may arise from the conclusion, interpretation and execution of these general conditions of sale shall fall within the jurisdiction of the courts within the jurisdiction of the Court of Appeal of PARIS, notwithstanding plurality of defendants, warranty claims, summary proceedings and expertise for all disputes