Terms and conditions of use
1. Information about the Publisher of the Website
The STUDYLEASE Company, Trade and Companies Register of Paris No. 810 546 374
Tel: +33 (0)1 42 99 94 64
The publication director is Mr. Eric PELLIER.
Website designed and hosted by ALTEO
2 Rue des Chênes Emeraude
95000 Cergy, Tel: +33 (0) 810 06 09 33 (charged as local call)
Website: Refers to the website www.studylease.com
User: Any person using or browsing the website www.studylease.com without being bound to the Company by a Services contract.
Advertiser: Operator of a student residence, bound by a contract with the company STUDYLEASE.COM, which places a listing online on the Website for its student accommodation.
3. Introduction to the Website
The Website is a listings website for student accommodation online.
The object of the Website is:
- to provide operators of rental residences with a platform for posting their rental listings online and for communicating with potential tenants.
- to enable individual students to consult the accommodation offerings in terms of student residences in France and to enter into direct contact with the lessors in order to conclude a lease.
Under no circumstances and in no capacity is the Company involved in the communications, the transmission of information, the transactions or the contracts concluded between Lessors and Lessees.
Consequently, the Company shall not be held liable, either directly or indirectly, for these transactions, the contracts or the pre-contractual communications, which are subject to the general rules of the Civil Code.
It has no role as mandatary, as a business intermediary or estate agent in any capacity. The company is in no way remunerated by the User.
4. Object – Effect
The object of these general terms and conditions of use is to define and govern the terms and conditions of use of the Website www.studylease.com
A connection to the website and the use of the services provided by www.studylease.com assumes the acceptance and full compliance with all the terms and conditions set out below, which are accepted as enforceable against any user of the Website.
The Company reserves the right to modify at any time the Terms and Conditions (T&Cs) by publishing a new version of the latter on the Website. These modifications shall be effective upon their publication on the Website and shall thus be enforceable against any Internet user from this moment onwards.
It is stated that, in terms of the relationship between the Company and the User, the T&Cs shall govern the entire relationship and shall apply to the exclusion of any other agreement.
The Company authorises any person visiting the Website to save or print these T&Cs without any modifications thereof.
5. User registration
Access to the features of the Website, beyond its consultation, is subject to mandatory prior registration and the creation of a personal account.
The User guarantees to the Company that the information provided in the course of the registration process and thereafter is accurate, true, up to date and complete.
The User undertakes to regularly update all such information in his/her user account.
The User is duly notified that the Company may inspect the information entered in the course of registration and that it is entitled to prohibit any continued provision of Services that might violate these T&Cs.
In the event that the user provides false, inaccurate, out-of-date or incomplete data, or data that is contrary to current laws or regulations, the Company shall be entitled to suspend his/her account and to refuse him/her immediate or future access to all or part of the Website.
The Company is under no circumstances liable for errors, omissions or inaccuracies that can be found in the content, opinions or other information provided by a User and published on the Website.
The User must choose a username and password during registration to enable him/her to access the Service.
The User undertakes to only register under one username and password.
The User is solely responsible for any use that may be made of his/her credentials and for the confidentiality thereof, and for any use of his/her account. The registered User can at any time modify the password in his/her personal space.
The User undertakes to inform the Company immediately of any unauthorised use of his/her account.
In the event that the password and/or the username is forgotten or of unauthorised use thereof by a third party, upon this being reported to the Company, the latter may require that the User change the password and the username.
Should the password and username fall into the hands of third parties through some fault of the User, the latter shall be solely responsible for any use of the Service made on this basis.
6. User commitments
The User undertakes to use the Website and the Service honestly and, in all circumstances, in compliance with current legal and regulatory provisions on the one hand and, on the other, with these T&Cs.
7. Data protection and civil liberties
The User is duly notified that his/her registration on the Website results in the collection and automated processing of personal data in relation to him/her by the Company, the use of which is subject to the provisions of Act No. 78-17 of 06 January 1978 pertaining to information technology, databases and civil liberties as amended by Act No. 2004-801 of 06 August 2004.
These data are saved for the duration necessary for the purpose for which they were collected and processed.
The obligatory fields of the forms are identified as such with an asterisk.
The User has the right to access and correct data in relation to him/her and the right to object to the processing of such information by sending an email to the following address: email@example.com.
The company may contact the User by email with periodic informational letters, commercial offers or information of any kind. A User that no longer wishes to receive such information by email from the Company may indicate his/her objection to such by clicking on the link provided for this purpose in each email.
The respect for privacy and the protection of the personal information that the User transmits to the Company are essential and the latter shall strive to secure such data by implementing all the means available to it. As such, the Company shall make every reasonable effort to ensure the protection of data in relation to its Users and shall provide, in this regard, a degree of security that is in accordance with current standards and practices.
The Company may share certain information with its technical service providers. User data of a personal nature shall not be transmitted to any other third party.
The Company uses "cookie” technology, which enables statistical data processing and provides detailed information on the number of people that have visited the Website, the means of access to the Website, and the number of times that they have visited the Website.
The Company installs a cookie on your computer. A cookie does not allow us to identify you. Generally speaking, it records information about the navigation of your computer on the Website (the pages you have visited, the date and time of visit, etc.), which the Company can read in the course of your future visits In this case, it contains the information that you have provided. The retention period for this information in your computer is up to one year.
You can configure you browser to disable the saving of “cookies".
10. Intellectual property
The Website, its content and all the constituent elements are works for which the Company holds all the intellectual property rights and/or has obtained the operating rights, in particular with regard to copyright and related legal protections in relation to designs, databases and trademarks.
Any other use of the STUDYLEASE name is strictly prohibited without the prior written permission of the Company.
The Website as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds or any other content on the Website, except with regards to the photographs appearing in listings, remain the exclusive property of the Company or, as applicable, of the respective owners with which the Company has concluded a usage agreement.
Under no circumstance can they be reproduced, used or represented without the express written authorisation of the Company, under penalty of prosecution. In order to obtain such authorisation, the webmaster of the Website must be contacted at the following address: firstname.lastname@example.org.
The Company grants the User a non-exclusive and non-transferable right to use the Website as well as the original works and data contained on the Website. The right thus granted consists of a right to consult online the original works and data contained on the Website and a right of reproduction consisting of a single instance of printing and/or saving of the original works and data consulted. This right of use applies solely to private use. All other rights are expressly reserved by the Company.
Any other use of the Website by the User, and commercial use in particular, is prohibited without the express written consent of the Company.
For any other use other than private use, the User undertakes not to reproduce and/or represent, download, sell, distribute, transmit, translate, adapt, exploit, distribute, disseminate and communicate in full or in part, and in any form whatsoever, be it for commercial purposes or not, any original works or data contained on the Website, with this list being non-exhaustive.
The User shall also refrain from introducing data into the Website that would modify or be capable of modifying the content or appearance of the data, presentation or structure of the Website or works posted on the Website, by any means whatsoever.
11. Hypertext links
Any hypertext link to the Website, regardless of the type of link, must be subject to prior authorisation from the Company, be it via paper or electronic media.
In order to obtain such authorisation, the webmaster of the Website must be contacted at the following address: email@example.com.
The Website may include hypertext links to other websites.
On the day of their creation, the Company shall have ascertained to the fullest extent possible that these websites and other Internet sources did not contain content that contravenes French laws.
The Company shall solely be held liable for having made available such websites or external sources insofar as the target page or Internet source for which a hyperlink was created included content deemed in contravention of French law at the time of its creation.
Thus, the Company shall not be held liable for the content, advertisements, products and/or services on or available from such websites or external sources that have been made available after the creation of the hyperlink on its Website. By express agreement, the burden of proof to demonstrate that said hyperlink was created after the distribution of such content, advertisements, products or services lies with the User.
Consequently, the User acknowledges that the Company cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having become aware of the content, advertisements, products or services available on these websites or external sources .
If, in the course of a search conducted on the Website, the result of this search directed a user to websites, pages or forums whose title and/or content constitutes a violation of French law, especially taking into account the fact that the Company cannot control or monitor the content of these websites and external sources, the User must cease his/her consultation of the website in question lest he/she incur the sanctions stipulated by French law or have to answer legal actions initiated against him/her.
Finally, if, despite our efforts, one of the hyperlinks on the Website directs to a website or an Internet source whose content did not or appeared not to meet the requirements of French law to a User, the latter undertakes to immediately contact the publication director in order to communicate the address of the pages in question. The Company undertakes to examine that website and to inform the User of the action it intends to take within a reasonable time. The User undertakes not to institute legal proceedings against the Company before he/she has received a reply from it. The User also undertakes to solely institute legal proceedings against the Company in the case of a refusal on its part to remove the said link.
- Content of listings:
The authors hold all liability for the listings (text and photographs) posted online.
The listings (text and photographs) posted are therefore likely to be neither complete, exhaustive, nor up to date, and it is the responsibility of the User to verify the information therein before concluding any contract with the Advertiser.
The Company accepts no liability as to the accuracy or relevance of the listings in particular, or as to the conformity of the listing with the product or goods sold.
The Company has no control over the quality, operation, safety, compliance, or general condition of the listed goods or products.
- Accuracy and use of information
In general, the information contained on the Website may under no circumstances be assimilated into any form of canvassing, customised service offering, consulting services, mandate, estate agent activity or any other commercial services.
The Company is only bound by an obligation of means in relation to the information it makes available to persons visiting the Website.
Even though the Company shall have taken all necessary steps to ensure the reliability of the information contained on the Website, it shall incur no liability for errors, omissions or for the results that may be due to Advertisers or that could be obtained from the use of such information.
Consequently, it is incumbent upon the User that becomes aware of information on the Website to ensure his/her own knowledge of any use that may be made of such information. It is especially incumbent upon him/her to verify or have verified that the information thus ascertained is consistent with reality and is suitable to his/her personal situation.
The Company shall not under any circumstances be held liable for any damage that may occur to the computer system of the User and/or for any data loss resulting from the use of the Website by the User.
- Availability of the website - User's computer systems
The Company shall not be held liable for any other acts other than those relating to the publishing of the Website. The Company does not guarantee the availability or performance of the Website. The User shall not seek to hold the Company liable in relation to any loss of anticipated profit, loss of opportunity or turnover. The liability of the Company shall be sought solely in the case where fault is proven and for direct and foreseeable damages exclusively caused by a breach by the Company of its obligations.
The Company shall not be held liable for the non-operation, for an inability to access or for malfunctions of the Website that are attributable to unsuitable equipment, malfunctions on behalf of the User-access services provider, or to malfunctions of the Internet network. The same shall apply for all other reasons outside of the Company.
In addition, the User acknowledges that the characteristics and constraints of the Internet ensure that the availability and proper functioning of the Website cannot be guaranteed. Accordingly, the Company cannot guarantee that the Website remains in operation without interruption or error.
As such, it is stated that:
- the Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events that are beyond the control of the Company,
- The Company may have to interrupt access to all or part of the Website, for all or some Users, on a temporary basis for maintenance purposes in order to ensure the proper functioning of the Website, and this without notice and without such an interruption conferring an entitlement to any compensation on behalf of the User.
The User waives all rights to holding the Company liable in respect of such service interruptions or operational disruptions.
The Internet is accessible to all and especially to people with bad intentions; Users acknowledge that the Company cannot guarantee the confidentiality of correspondence exchanged by the means made available to Users.
The User declares that he/she is well informed as to the intrinsic characteristics of the Internet and particularly of the fact that (i) the transmission of data on the Internet is only relatively reliable, with such data circulating on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and having such a nature as is likely to impact the download times or the accessibility of the data, and (ii) that the Internet is an open network and, consequently, the information that travels across it is not protected against the risk of diversion, intrusion into his/her system, piracy of the data, programs and files from his/her system, contamination by computer viruses, and (iii) that it incumbent upon him/her to take all appropriate measures to protect the data, files or programs stored on his/her system against contamination by viruses as well as intrusion attempts on his/her system.
Should one or more provisions of these T&Cs be held to be invalid or determined to be so under any law, regulation or decision of a competent court, they shall cease to be binding and the remaining provisions shall remain in force.
15. Language - Applicable law
Only the French version of the T&Cs shall prevail between the parties and may be produced in court.
The T&Cs are subject to French law.