Studapart (hereinafter referred to as « Studapart ») is a simplified joint-stock company registered in the official registry of Pontoise under the number 790 562 813, with a registered capital of €14.356,00 and whose registered office is located at 31 bis, rue de Bellevue – 95520 Osny.

Studapart publishes, develops and offers web-based and/or mobile platforms which enable universities and schools to provide their students with a personalized and efficient tool dedicated to the search for student accommodation near their campus and universities. 

In particular, the Platform allows property owners to advertise their accommodation.

 

These Terms of Use (hereinafter referred to as the « Terms of Use ») set forth the legal framework of the use by the landlords of the Platforms published by Studapart (hereinafter referred to as « Studapart »). These Terms of Use also provide information with regards to the rights and the restrictions imposed to such rights by applicable laws and regulations.

Studapart can be contacted either by electronic mail at contact@studapart.com or by phone at the following number: 01 70 69 45 36.

ARTICLE 1: Definition

As used throughout these Terms of Use, the following capitalized words or expressions shall have the meanings ascribed to them below:

Student(s): shall mean any natural person in search of an accommodation and registered for a Student account;

Landlord Area: shall mean the virtual space assigned to the Landlords. Such Area is accessible by entering the identifiers;

Personal Data: shall mean any personal data, within the meaning of the European General Data Protection Regulation, collected, transmitted or processed by Studapart and which allows to identify any natural person.

Intellectual Property Rights: shall mean all literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design and patent) provided for in the French Intellectual Property Code and international Treaties;

Application fee:shall mean the fee paid by the Student to Studapart when booking an accommodation via the platform;

Advertisement(s): shall mean any rental offer with respect to any accommodation listed on the Platform; 

Landlord(s): shall mean any property owner of an accommodation registered for an account;

Platform(s):shall mean any platform(s) published and any and all content created by Studapart, including graphic charters, frames, banners, flash and video animations, source code, HTML code and programming;

Booking: shall mean any booking made by the Student on the Platform with a Landlord, for which the first month’s rent and the Booking fee have been paid directly through the platform.

ARTICLE 2: Subject matter and scope

Studapart is the first connecting platform which enables the Students to easily and quickly find an accommodation near their campus and university.

By using the Platform, the Landlord formally and unreservedly accepts these Terms of Use. As a result, the Landlord represents and acknowledges having read and understood the provisions of these Terms of Use. If at any time the Landlord disagrees with any part of these terms and conditions, he/she must immediately cease his/her use of the Platform and the related services.

These Terms of Use are available at any time by clicking on the direct link located at the bottom of each page of the Platform.

ARTICLE 3: Entry into force – duration

These Terms of Use shall apply for the entire duration of the browsing on, access to and use of the Platform.

Studapart reserves the right to amend at any time these Terms of Use. Unless such amendments are required under legal or administrative obligations, the Landlord shall be given reasonable notice prior to the implementation of the updated Terms of Use.

Any amendment shall take effect upon publication. The Landlord agrees to be notified of the updated Terms of Use by their publication on the Platform.

By continuing to use or access the Plateform after the date on which the updated Terms of Use take effect, the Landlord represents being aware of the updates and accepts any and all amendments to these Terms of Use. These Terms of Use shall govern any dispute arising prior to the date on which the updated Terms of Use take effect.

The latest version of these Terms of Use available online on the Platform shall prevail, where applicable, over any other version of these Terms of Use.

ARTICLE 4: Creation of a Studapart account

 

In order to access all of the Platform’s features, the Landlord must create an account. The browsing on the Platform and the access to information displayed on the Platform require being registered on the Platform.

In order to access all of the Platform’s features, the Landlord shall, when registering for an account, tick the following boxes: “I give my consent to the collection and processing of my personal data” and “I unreservedly accept the Terms of Use of Studapart services”.

 

When registering for an account, the Landlord must provide the following information:

Gender;

Full name;

Email address;

Phone number;

Password.

Following the validation of the Studapart account, the Landlord shall receive a confirmation email. The Landlord shall then be able to access his/her account’s features and provide Studapart with information allowing Studapart to post his/her Advertisements.

Studapart may request information in order to verify the Landlord’s identity. By accepting these Terms of Use, The Landlord agrees to provide any information requested. Failure to do so will result in the inability to access the services.

In the event of a breach of any provision of these Terms of Use, Studapart reserves the right to amend of terminate at any time the access to the Platform, without prior notice and without liability towards the Landlord. In such circumstances, any content published by the Landlord and all his/her information shall no longer be accessible. However, such information may be retained and appear on the Platform.

Studapart also reserves the right to remove any content from the Platform, for any reason and without prior notice. Such removed content may be retained by Studapart, including, but not limited to, for the purpose of fulfilling certain legal obligations.

ARTICLE 5: Services

The creation of a Studapart account allows the Landlords to have access to certain features available on the Platform. Such features enable the Landlords to:

Place an advertisement with regards to his/her accommodation;

Obtain payment of the online booking for an accommodation;

To be granted a rent guarantee.

The Landlords registered for a Studapart account shall be entitled to place their Advertisements directly online. Indeed, Studapart provides the Landlords with a specific page dedicated to the placing of advertisements online.

ARTICLE 6: Advertising

Registration for a Studapart account allows the Landlords to place Advertisements with respect to their accommodation.

General information

 

The Landlord shall indicate:

The location of the accommodation;

The type of Advertisement: 

Entire accommodation: the Landlord shall provide the Student with an entire place.

Room in a shared accommodation: the Landlord shall provide the Student with a room in a shared accommodation.

 Private room in a private house: the Landlord shall provide the Student with a room in his/her house.

 Accommodation in exchange for services: the Landlord shall provide the Student with an accommodation for a preferential rent, in exchange for services to be performed by the Student;

The type of property (house or apartment, it being specified that a studio apartment shall be considered as an apartment)

If the accommodation is furnished or unfurnished; 

The accommodation’s features:

 Carrying capacity;

 Number of rooms and bedrooms in case of entire accommodation;

 Number of bathrooms;

 Total surface in square meters under French Carrez law;

 Private surface available in case of shared accommodation or private room;

 Floor in case of apartment and number of floors in the building.

 

Detail: 

 

The Landlord shall include:

A description of the accommodation with a minimum of one hundred fifty characters;

If available, the energy balance sheet of the accommodation.

The Landlord may indicate:

The facilities available under the rental agreement.

 

Rental terms: 

 

The Landlord shall indicate:

The monthly rental amount (excluding charges);

The monthly charges amount and the description of such charges;

If the accommodation is eligible for state aid;

The dates on which the accommodation is available;

The minimum length of stay expected.

The Landlord may indicate:

The amount of the security deposit (which shall not exceed one month’s rent excluding charges with respect to an unfurnished accommodation and two months’ rent excluding charges with respect to a furnished accommodation).

Pictures

 

The Landlord shall be entitled to upload pictures of the accommodation and to post his/her Advertisement.

ARTICLE 7: Moderation of advertisements

7.1 Advertisement posting

When posting Advertisements, the Landlord undertakes:

To complete as far as possible all the information requested;

Not to post or upload any picture or video which may be deemed obscene, pornographic, indecent or to violate or offend human dignity;

Not to publish any coarse or offensive content, message or information or any content, message or information promoting any activity punishable by any applicable laws or regulations;

Not to publish any picture or video protected under any Intellectual Property laws if the Landlord does not own the rights to such picture or video, or without the consent required to use such picture or video;

Not to publish any content containing a corrupted file;

Not to publish any content infringing any third-party’s right.

Moreover, the Landlord also undertakes not to provide:

False or incorrect information ;

Any sensitive information of racial or ethnic origin or relating to political, philosophical or religious views, trade union affiliations, sex life or health or which is contrary to either public policy or accepted principles of morality.

Furthermore, the Landlord also warrants that:

He/she is the owner of the accommodation and that he/she has all the authorizations required in order to offer such accommodation for rent;

He/she is the exclusive owner of the contents posted on the Platform, that he/she is entitled to post such contents and that he/she has the right to grant a license to use;

He/she will not provide any content which may:

cause third-party harassment or encourage third-parties to commit an act of harassment,

incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals, 

represent pornographic or pedophilic scenes, or any other material which is offensive or contains a link to websites for adult only,

represent or advocate illegal activities or defamatory, offensive, obscene, threatening or libelous behaviors or false or misleading information,

offer an unlawful or unauthorized copy of works which are protected by copyrights, patents or trademarks,

·create, cause or promote the transmission of emails, chain emails, unsolicited mass mailings, instant messages, unsolicited advertising or mails,

promote or encourage any criminal activity or enterprise, or any enterprise giving guidance or instructions on the ways of promoting illegal activities, privacy infringement, computer virus dissemination or creation,

request other Landlords for passwords or any personal data for unlawful commercial purposes,

involve commercial and/or selling activities such as contests, sweepstakes, exchanges, advertisements and pyramids without Studapart’s prior and written consent,

distribute, reproduce, post or modify in any manner any material protected by copyrights, registered trademarks or any property right owned by third-parties without their prior consent.

 

7.2 Deletion of advertisements

Studapart reserves the right to remove, without prior notice, compensation or refund, any of the Landlord’s advertisement which does not comply with Studapart Service’s posting rules and/or which may infringe third-party’s rights.

The Landlord shall ensure that any and all information provided on the Platform remain accurate and undertakes not to create or use on the Platform, without authorization, other Landlord Areas under his own and/or a third-party’s identity, it being recalled that identity theft gives rise to prosecution and penal sanctions and that any breach of this undertaking shall give rise to the immediate suspension, without prior notice, of the Landlord Area.

ARTICLE 8:Payment terms 

When using the Platform, the Landlord may receive amounts from online payments. Within this framework, the Landlord undertakes to provide to Studapart, when booking his/her accommodation, his/her date of birth and address and an updated Bank Account Identity (R.I.B.).

Studapart is in no way a financial institution. Any payment intermediary services, collection on behalf of third-parties services and electronic purse creation and management services are provided by Stripe, an authorized partner specialized in such services. As a result, Studapart invites the Landlords to peruse Stripe’s General Terms and Conditions which are available at www.Stripe.com/fr/legal. The Landlords shall be responsible for verifying the adequacy between the services and their needs.

The transactions carried out via such services are secured by using a SLL encryption process, in order to strengthen all scrambling and encryption processes to allow better protection of any and all Personal Data associated with such payment method.

All bank details are directly transmitted to the secure payment service provider. Studapart shall never access any confidential information with respect to payment methods.

 

ARTICLE 9: RENT GUARANTEE

When accepting any booking requested by a Student with no guarantor established in France, each Landlord shall be granted a rent guarantee subscribed by Studapart. All fees in connection with such subscription shall be paid by Studapart.

This rent guarantee shall be subscribed directly through the Platform after the acceptation by the Landlord of a Booking requested by a Student with no guarantor established in France.

Studapart has entered into an exclusive agreement with the insurance broker INSURED Service, a simplified joint-stock company registered in the official registry of Toulouse under the number 793 993 890, with a registered capital of €300.000,00 and whose registered office is located at 12 rue Saint Antoine du T 31000 -Toulouse.

Within the scope of its duty to inform and advise, Studapart has provided the Landlord with the rent guarantee documentation of which the Landord acknowledges having taken notice of.

Studapart is in no way an insurance company. Any insurance and warranty services shall be provided by Allianz, an authorized partner specialized in such services. As a result, Studapart invites the Landlords to peruse Allianz’ rent guarantee documentation.

In particular, Allianz guarantees repayment of:

Rents, charges and taxes set out in the rental agreement and unpaid by the defaulting Student;

Occupancy compensation payable by the defaulting Student, up to the rental amount provided for in the rental agreement;

Any unperformed and unpaid part of the notice in the event of early departure or decease of the tenant Student.

Any dispute or claim in connection with Studapart’s insurance intermediary mandate shall be submitted to Studapart support services at: contact@studapart.com

If the Landlord is not satisfied with the response received from Studapart support services, he/she may contact the French Prudential Supervision and Resolution Authority (ACPR) by filling the form available at https://acpr.banque-france.fr/formulaire_transmission_information/assurance or by mail at the following address:

ACPR

Direction du contrôle des pratiques commerciales

61 rue Taitbout 75436 PARIS CEDEX 09

ARTICLE 10: Liability

The Landlords are sole responsible for their use of the Platform and for any direct or indirect consequences of such use. The Landlords shall use the Platform in accordance with any applicable laws and regulations and French Data Protection Authority’s (“Commission Nationale de l'Informatique et des Libertés” or “C.N.I.L.”) recommendations.

Furthermore, Studapart shall not be under any obligation to screen, control and amend any information posted. Studapart shall not be responsible for the Landlord’s choices. The drafting of the Advertisements is the entire responsibility of the Landlords.

Under no circumstances shall Studapart, its subsidiaries or affiliates, or any of their respective employees, officers, directors, agents, distributors, partners, third-party content suppliers or licensors, or any of their officers, directors, employees or agents, be held liable for any consequential, incidental, special, indirect or punitive damages arising from or with respect to:

the use of the Platform or the services; 

the inability to use the Platform or the services;

the amendment or removal of any content transmitted via the services; or

these Terms of Use.

Under no circumstances shall Studapart’s liability in connection with the services exceed the amount of the sums received by Studapart. The Landlord agrees that any claim arising from or with respect to the Platform or the services shall be submitted within a period of one (1) year from the date of the event giving rise to such claim. Failure to observe such time-limit will result in the final loss of rights regarding such claim. In certain countries, the duration of an implied warranty cannot be limited. As a result, all or part of the above-mentioned time-limit shall not be applicable in such circumstances.

Furthermore, Studapart shall not be responsible for any failure, inability to access or malfunction of any services provided by the Landlords’ Internet service provider or with respect to the Internet. The same shall apply for any other reasons external to Studapart. Indeed, Studapart endeavors to prevent any malicious use of the Platform but under no circumstances shall Studapart be responsible for any damages arising from the transmission of a virus or any other material which may infect any equipment and computer program.

Decent housing

 

The Landlord undertakes to offer a decent accommodation in the Advertisements posted by him/her on the Platform. According to the French applicable laws and regulations, a decent accommodation requires:

 

eithera main room of at least nine (9) square meters and a ceiling height of atleast two meters and twenty centimeters (22,20);ora living surface of at least twenty cubic meters. 

Main room facilities shall include an open-air opening, a kitchen or a kitchenette, a shower or a bathtub and a separate water-closet.

 

Studapart shall not be held liable in the event of infringement of any applicable law or regulation.

 

Smoke Detector

 

The Landlords warrant having installed, according to applicable laws and regulations, at least one approved smoke detector in each premise and undertake to ensure its proper functioning and maintenance.

Studapart warranty

If the event of cancellation by a Student of his/her Booking, Studapart undertakes to:

- find another accommodation for the Student for a similar date of entry into the premises and length of stay;

- and/or repay to the Landlord all or part of the first month’s rent.

In such circumstances, Studapart shall provide Studapart with any and all supporting documentation in order to assess the situation at the following email address: contact@studapart.com.

ARTICLE 11: Cancellation terms 

 

When using the Platform, the Student shall be entitled to book an accommodation online. The Landlords shall be entitled to cancel such booking according to the cancellation terms below.

(i)Cancellation 

If the Landlord cancels the Booking:

Later than thirty (30) days prior to the date of entry into the premises, the Landlord shall reimburse to the Student the Booking fee collected by Studapart, as well as the first month’s rent;

No later than thirty (30) days prior to the date of entry into the premises, the Landlord shall reimburse to the Student the Booking fee collected by Studapart, as well as the first month’s rent and:

The Landlord shall receive a warning; 

In the event of further cancellation, the Landlord’s account shall be disabled for a period ranging from fifteen (15) to thirty (30) days; or

The Landlord’s account shall be deleted, and the Landlord shall no longer be entitled to create a Studapart account.

The Landlord undertakes to provide Studapart with any and all supporting documentation in order to assess the situation at the following email address: contact@studapart.com.

(ii)Cancellation in the event of force majeure

If the Landlord’s cancellation is attributable to a force majeure event within the meaning of the applicable laws and regulations, the Landlord shall not reimburse the Booking fee.

The Landlord shall provide Studapart, within thirty (30) days following his/her cancellation, with any and all supporting documentation in order to assess the situation at the following email address: contact@studapart.com.

 

 

ARTICLE 12: Intellectual property rights

« Studapart » is a trademark registered with the French Institut National de la Propriété Industrielle.

Studapart is the exclusive owner of any and all intellectual property rights in the Platform, including any and all texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as any databases produced by Studapart.

All the above-mentioned intellectual creations are protected throughout the world by copyright, patent right, the sui generis right for the protection of databases and the right to one's image.

 Within this framework, according to the provisions of the French Intellectual Property Code, the use of the platform is restricted to private use only, subject to specific and more restrictive provisions of such Code.

 Any other form of use of the Platform without Studapart’s prior consent shall constitute an infringement punishable under the Intellectual Property laws.

Any copy, in whole or in part, aspiration and reproduction of the database produced and operated by Studapart on the Platform is expressly prohibited without its prior and written consent.

Studapart is not the owner of the material published on the Platform. By using the Platform, the Landlord grants to Studapart a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable license to use the content posted by the Landlord on the Platform.

Under such license, the Landlord authorizes Studapart to freely use all or part of the published content and to represent, distribute or reproduce such material on the Platform.

Studapart remains free to distribute by any means the Landlords’ contents in a promotional, advertising and lucrative context, including through contests or partnerships.

As a consequence, the Landlord represents that:

He/she is the owner of the content published on or through the Platform, or that she/he is authorized to grant all rights and licenses described in these Terms of Use;

The publication and use of such content on or through the Platform will not infringe, misappropriate or violate third-party’s rights, including, but not limited to, the rights to private life, the rights of publicity, copyrights, trademarks and any other intellectual property rights; and

He/she agrees to pay all of the royalties, copyrights and any other sums incurred in relation to the content published on or through the Platform.

 

ARTICLE 13: Protection of personal data and confidentiality

When logging in for the first time, the Landlord expressly agrees to the processing of his/her Personal Data, to the extent of what is strictly necessary for ensuring the proper functioning of the Platform.

The provision of personally identifiable information collected under these Terms of Use is mandatory. Indeed, such information is necessary for the processing and provision of the services. Failure to provide such information prevents the proper functioning of the services offered online.

The Landlord acknowledges and agrees that his/her Personal Data may be transferred to, or stored at, a destination outside the country where Studapart and/or the authorized Landlords are located, for the purpose of providing the services set out in these Terms of Use.

If the Landlord is located in the European Economic Area (“E.E.A.”), such Landlord acknowledges and agrees that his/her Personal Data may be transferred to or stored at a destination outside the E.E.A., for the purpose of providing the services provided for in these Terms of Use.

 

Studapart shall implement any and all necessary technical and organizational measures in order to ensure Personal Data protection, both from service design and by default. Studapart undertakes to restrict from the outset the quantity of Personal Data processed.

The Landlord must ensure that he/she has the right to transfer any relevant Personal Data in order to allow Studapart to lawfully use, process and transfer such Personal Data on its behalf according to these Terms of Use.

The Landlord must ensure that any third-party concerned has been notified of such use, process and transfer, and that such third-party gave his/her consent for this purpose, as required by all applicable laws on personal data protection. 

Studapart shall collect Personal Data solely under the terms of these Terms of Use and under any lawful and reasonable instruction given at any time by the Landlord.

If Studapart finds a breach of rights in the course of Personal Data processing, such breach shall be notified to the C.N.I.L. within a period of time which shall not exceed seventy-two (72) hours following the date on which such breach became known.

Any breach arising from the processing of the Landlord’s Personal Data shall be notified to such Landlord by email, within one (1) month.

Each party undertakes to take any relevant technical and organizational measures against any unauthorized or unlawful processing, loss, destruction of or accidental damage to Personal Data.

In accordance with French law n° 78-17 of January 6, 1978 relating to data processing, data files and personal right, the processing of personally identifiable information collected on the Platform is subject to a declaration with the C.N.I.L. under the number n°1836642v0.

 

13.1 Use and transmission of Personal Data

For the purpose of ensuring the functioning of the Platform, Studapart shall carry out the necessary processing of Personal Data. Any processed data shall be directly transmitted according to the following terms and for the following purposes:

Creation of an account;

Creation of advertisements;

Publication and sharing of content;

Platforms’ audience statistics.

The provision of the Personal Data collected for this purpose is required for the confirmation and validation of the Studapart account. Failure to provide such Persona Data shall prevent the provision of the services.

Furthermore, Studapart may use the above-mentioned data in order to process the Landlord’s requests, to strengthen and personalize his/her communication, including by letters/ notification electronic mail, and to personalize the Platform according to the Landlords’ preferences. Studapart may also provide its partners with anonymized and consolidated statistics on the Landlords. However, such statistics shall not contain any personal data.

These data may be transmitted to technical service providers, for the sole purpose of ensuring the proper provision of the services, or to various suppliers such as payment service providers. The Landlord accepts that Studapart shares his/her information in order to facilitate the use of the Platform available at the following address: www.studapart.com

All Personal Data provided by the Landlord shall be destroyed no later than six (6) months following the account’s deletion. Studapart reserves the right to retain certain data to demonstrate, if necessary, the performance of its contractual or legal obligations. Any data thus retained shall be limited to what is strictly necessary.

13.2 Rights of access, rectification, portability, erasure and to object

Under any circumstances, the Landlord shall have the right of access, rectification, portability erasure and to object with respect to his/her Personal Data, by writing at the following address:

contact@studapart.com by entering his/her full name, email and address.

According to applicable laws and regulations, any request must be signed and accompanied by a photocopy of an identity document signed by the Landlord and must indicate the address to which the response should be sent. A response shall be provided within two (2) months following the request’s receipt.

The Landlord shall be entitled to recover his/her Personal Data in an open and legible format. The right of portability is limited to the data provided by the Landlord in question. Such right shall apply subject to the Landlord’s prior consent. Studapart undertakes to provide, upon request and within one (1) month, any document gathering the Landlord’s Personal Data, for the purpose of implementing the right of portability. Any and all costs in connection with such data recovery shall be incurred by the requesting Landlord.

All Personal Data provided by the Landlord shall be destroyed no later than six (6) months following the account’s deletion. Studapart reserves the right to retain certain data to demonstrate, if necessary, the performance of its contractual or legal obligations. Any data thus retained shall be limited to what is strictly necessary.[SS1] 

13.3 Newsletters Studapart 

Depending on the choices made by him/her, the Landlord may receive the Studapart newsletter.

By expressly giving his/her consent for this purpose, the Landlord accepts that Studapart send to him/her a newsletter that may contain information concerning any new activities offered by Studapart’s partners. The Landlords shall be entitled to unsubscribe from such newsletter by clicking on the link provided for this purpose in each newsletter.

 

13.4 Use of cookies

In accordance with the C.N.I.L.’s decision number 2013-378 of December 5, 2013, Studapart informs Landlord that cookies save a certain piece of information stored on their hard disk. Such information is used to create audience statistics with regard to the Platform and to offer services consistent with the services selected by the Landlords during their previous visits. A warning message, in the form of a banner, shall ask beforehand each person visiting the Platform, if he/she wishes to accept cookies. These cookies shall not contain any Landlord’s Personal Data.

The Landlord visiting the Platform’s home page or any other page of the Platform directly via a search engine shall be notified of:

The specific purposes of the cookies used;

The right to object to the use of such cookies and to change settings by clicking on the link provided in the banner;

The fact that further navigation shall be deemed to constitute acceptance for the placing of cookies on his/her terminal equipment.

For the purpose of guaranteeing a free, informed and unambiguous consent of the Landlords visiting the Platform, the aforementioned banner shall remain as long as the Landlord stops browsing.

Unless previously agreed upon, cookies shall not be placed or read in the following situations:

If the Landlord visiting the Platform (home page or directly another page of the website via a search engine for example) stops browsing: no action shall not be deemed to be expression of willingness;

If the Landlord clicks on the link provided in the banner which allows him/her to set cookies and, where applicable, disables cookies.

 

 

ARTICLE 14. Technical provisions

 The services are provided on an “as is” and “as available” basis. Studapart shall not warrant an error-free, secure and uninterrupted provision of the services offered via the Platform.

 Studapart shall be under no personalized assistance obligation, including technical support. Studapart disclaims all warranties, whether express or implied, including warranties with respect to the Platform’s performance and fitness for the Students’ use.

Studapart shall not guarantee any result or profit in the course of the use made of the services offered through the Platform.

 Studapart shall not warrant that any information or data on the Internet are protected against such attacks or misappropriations.

 

Article 15: Security

 

15.1 General dispositions

The Landlord undertakes to take all reasonable precautions to preserve the confidentiality of his/her username and password allowing access to the Platform. Within this framework, the Landlord undertakes, inter alia:

Not to write, under any circumstances, his/her username or password down anywhere, including in coded form;

To systematically use his/her username and password out of indiscrete eyes and ears;

To not enter his/her username and password in front of third-parties.

Furthermore, Studapart strongly recommends that the Landlord changes, from time to time, the password required to access the Plateform, by signing in to his/her account and then clicking on “my account” tab, “my password” tab and then “edit” tab.

When modifying his/her password, the Landlord shall ensure that the password will not contain easily identifiable combinations such as, for example, his/her surname, forename, date of birth or the surname, forename, date of birth of someone close to him/her (spouse, child, etc.) or a password already used for other purposes (including personal messaging, etc.).

In particular, the Landlord must choose a password of sufficient length and combining, wherever possible, letters, numbers, as well as lowercase and uppercase characters.

Studapart may, at its sole discretion, set an expiration date with respect to the Landlord’s password, after which the Landlord shall not be able to access the Platform and the services without a prior modification of his/her password.

The Landlord also undertakes not to store his/her username and password on his/her computer, smartphone and/or digital tablet, or to send such username and password through unsecured transmission channels such as email or SMS.

Furthermore, the Landlord shall be responsible for the deletion of information stored on his/her computer, smartphone and/or digital tablet after the use of payment services, including the deletion of browsing history, cookies and data stored in the cache.

The Internet is an international, open telecommunications network accessible for the Landlord through any computer, smartphone or digital tablet. In order to access the Platform and the services, the Landlord shall comply with all technical requirements (applying to equipment and software), as described in these Terms of Use.

The Landlord shall take all necessary measures to ensure that the technical characteristics of his/her computer, smartphone or digital tablet, as well as their software and Internet subscription, enable him/her to safely access the Platform.

The Landlord shall be fully responsible for the proper functioning of his/her computer equipment and Internet connection. Within this framework, the Landlord shall ensure the absence of problem or virus as well as the sufficient safety of such equipment in order to prevent a third-party from obtaining access to his/her account and to the data contained in such area.

The Landlord shall make every effort to preserve the above-mentioned security. For this purpose, the Landlord shall ensure that there is no risk that hostile programs or viruses access and disrupt Studapart’s computer systems. In particular, the Landlord shall ensure the security of his/her computer, smartphone and digital tablet by using and regularly updating anti-virus and anti-spyware software, as well as a personal firewall.

The Landlord shall assume any and all technical risks, including those related to a power failure, connection breakdown, malfunction or overloaded networks or systems.

The Landlord acknowledges that he must contact the Internet service provider of his/her choice in order to access the Internet, the Platform and the services. Within this framework, the Landlord acknowledges that he/she shall choose his/her Internet service provider and lay down with him the terms and conditions of their relationship.

Studapart shall not be responsible for the risks relating to Internet access and remote data transmission by or to the Landlord, including in the event of a dispute between the Landlord and such Internet service provider in connection with the confidential/personal nature of the transmitted data, cost of transmission, maintenance, phone line and network outages.

The Landlord shall use the services according to the technical requirements in compliance with the safety instructions given by Studapart.

Under normal conditions, the services are accessible through the Platform. 

The Landlord shall sign in to the Platform for a limited period of time and undertakes to sign out as soon as he/she has ceased his/her use of the services. Signing out from the Platform is not automatic, as a result, once connected, the Landlord shall remain connected to the Platform until he/she signs out by clicking on the sign out indication provided on the Site.

Studapart reserves the right to:

Delete or remove any content or information that Studapart deems inappropriate;

Without prejudice to legal actions initiated by third-parties, personally initiate any legal proceedings aimed at compensating any damages personally incurred by Studapart as a result of breaches attributable to the Landlord under these Terms of Use; 

Where applicable, notify to, cooperate with and provide any competent authorities with any useful information for the purpose of investigating and prosecuting illegal or unlawful activities, according to applicable laws and regulations.

15.2 Changes in and term of services

The Landlord may unsubscribe from the Platform at any time by sending a request to Studapart for this purpose, by electronic means only. Studapart shall then send to the Landlord, by electronic means, a confirmation of the Landlord’s unsubscribing from the services. Such unsubscribing shall take effect from the date of Studapart’s confirmation. 

Studapart reserves the right to modify or to cease offering at any time all or part of the services, at its sole discretion. The Landlord shall be notified of such amendments and/or termination by any appropriate means, within fifteen (15) days. 

If the Landlord fails to comply with these Terms of Use, Studapart reserves the right to suspend or terminate the Landlord’s access to the services, with immediate effect if the Landlord fails to comply with any provision of these Terms of Use or if the Landlord accesses the services in breach of any law, rule or regulation applicable to Studapart. Such termination shall take effect ipso jure from the date of its notification by Studapart to the Landlord by post (letter) or electronic mail (email). Furthermore, such termination shall automatically result, without prior formal notice, in the deletion of the Landlord’s account.

The termination of the services, for any reason, shall result in the deletion of the Landlord’s account. From that date, the Landlord shall no longer be able to access his/her account.

 

Article 16: Force majeure

Any event beyond the reasonable control of Studapart and that Studapart could not reasonably make provision for, shall constitute a force majeure event and shall suspend within this framework the parties’ obligations, including, but not limited to, any strike, technical breakdown (edf, erdf, telecommunications operators, Internet service providers, hosting providers, Registrars etc.), stop of energy supply (such as electricity), failure of the electronic communication network and/or substituted networks upon which Studapart depends.

 

Studapart shall not be held liable or considered as failing to fulfil its obligations under these Terms of Use, for any failure related to a force majeure event as defined by French law and jurisprudence, provided that Studapart notifies such event to the other party and makes its best efforts to mitigate the damages and fulfil without delay its obligations after the date on which the reasons of such force majeure event cease to apply.

Unless specifically provided for in these Terms of Use, any correspondence between the Landlords and Studapart shall be exchanged by electronic mail via the Platform.

Pursuant to articles 1316 et seq. of the French Civil Code and, where applicable, article L.110-3 of the French Commercial Code, the parties represent that any information provided by electronic mail shall prevail between them, provided that no written document authenticated and signed inter partes and negating such computerized information is produced.

 Elements such as the dates of transmission and reception, as well as the quality of the data received, shall prevail as a priority, as they appear in Studapart’s information systems or as authenticated by Studapart’s computerized procedures, unless written evidence to the contrary is provided by the Landlords.

ARTICLE 17: Entire agreement

These Terms of Use constitute the entire agreement between the Landlords, the Professionals and Studapart with respect to the subject matter hereof and hereby supersede in their entirety any prior and subsequent proposal, exchange of letters or provision included in any document exchanged between the parties and relating to the subject matter of these Terms of Use, except for any amendment duly signed by both parties’ representatives.

ARTICLE 18:No waiver

The failure by a party hereto to enforce any clause, either permanently or temporarily, shall not be deemed, under any circumstances, to be a waiver of such party’s rights arising from such clause.

ARTICLE 19:Invalidity

If one or more provisions of these Terms of Use are held to be invalid or are found to be so under any applicable law or regulation or following a final decision of a court of competent jurisdiction, the remainder of these Terms of Use shall remain in force to its full extent.

If applicable, Studapart undertakes to remove and immediately replace such clause by a legally valid clause.

ARTICLE 20: Headings

In the event of difficulty in interpretation arising between a heading and a chapter of any article or clause, the headings shall be deemed to be non-existent.

ARTICLE 21: Jurisdiction - governing law

These Terms of Use is governed by and shall be construed in accordance with the laws of France, without giving effect to any conflict of law principles.

In the event of a dispute arising from the interpretation and/or implementation of or in connection with these Terms of Use, the Parties undertake to make their best efforts to settle all disputes arising out these Terms of Use amicably.

In the event of a dispute between a Landlord and Studapart, the parties agree to negotiate in good faith the settlement of such dispute. If the parties fail to settle the dispute within thirty (30) business days of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the Courts of Paris.

Avez-vous trouvé votre réponse?