Homelinks (hereinafter referred to as “the Corporation” or “Homelinks”) is a simplified joint-stock company, headquartered at 1 villa pilaudo 92600 – Asnieres.These General Terms and Conditions of Use (hereinafter “CGU”) define the legal framework for the use of the services offered by Homelinks, its subsidiaries or any associated companies.By any use of the Homelinks Platform and its Services, the user accepts without reservation these UGCs. He hereby declares and acknowledges that he has read these Terms and Conditions.In the event that the user does not wish to accept all or part of these UGCs, he is asked to renounce any use of the Platform or its Services.Please refer to the most recent version of these Terms and Conditions, available at https://homelinks.eu/informations-legales/. These Terms and Conditions may be updated without notice.The Homelinks Platform is edited by the Company. It is hosted by OVH SAS.Mr Franck de Dieuleveult is the director of the Platform’s publication.It is possible to contact the Company at the address indicated above, or by email at firstname.lastname@example.org directly on the Platform;
ARTICLE 1: DEFINITIONS
In UGCs, words or expressions starting with a capital letter have the following meanings:
- Subscription: refers to the subscription to the Paid Services allowing Users to create an account.
- Subscriber: Refers to the User who has subscribed to the Paid Services.
- Account: refers to access to the opening of an account involving the provision by the User of some of his or her contact details or other accurate and up-to-date information concerning him or her and his or her role in the Building. Once this information has been provided, the User is assigned a Personal Identifier and Password allowing him to access his account.
- Union Council: means any group of Owners in charge of controlling the actions of the Manager.
- Content: means any content made available to the User via the Platform and/or its Services as defined in these Terms and Conditions.
- Coordinator: Refers to any User coordinating building managers.
- Personal Data(s): refers to any information directly or indirectly identifying the User, necessary for the creation of an Account and necessary for the proper functioning of the Platform.
- Custodian: means any User having the status of staff of the building.
- Manager: means any User who is responsible for managing one or more buildings.
- Building: means any building managed by a User and comprising several owners or tenants or providers.
- Tenant: Refers to any User who is a tenant of a lot in the building.
- Platform: means the Platform developed according to the computer formats usable on the Internet including, in addition to the Services as defined elsewhere, data of different kinds, including texts, sounds, still or animated images, videos, databases, intended to be consulted and/or used by Users of the same building; The Platform is available on the websiteeu.
- Service Provider: means any User of the Platform, offering goods or services to the building and/or its residents.
- Owner: means any User who owns a lot of the Building.
- Resident: Refers to any Resident User, owner, tenant, custodian or provider of the Building.
- Role: refers to the link between a user and a building.
- Service(s): refers to all functions, facilities, uses, training, information, partner offers and/or promotional or any other services accessible via the Platform.
- Site: means the website of the Platform Homelinks available at https://www.homelinks.eu.
- Service(s) Payant(s): Service(s) accessible to the subscriber(s) upon payment.
- User(s): means any person with a Homelinks Account who uses the Platform or all or part of the Services offered.
ARTICLE 2: PURPOSE AND SCOPE
Homelinks publishes the “Homelinks” platform, which allows all the players in a collective housing property to communicate, inform and propose content on topics related to administrative management, and to the maintenance of the property.The «Homelinks» Platform is accessible after subscription of a Subscription allowing all the actors of this building to become User of the Platform.The Platform and its Services are accessible to any User with internet access. All costs related to the access of the Platform, whether hardware, software or internet access are exclusively the responsibility of the User.Acceptance of cookies is essential for any registration on the Platform.Access to the Platform or its Services may be limited to a maximum number of accesses and/or a specified duration within a defined period of time.The sections of the Platform as well as its Services are reserved for Users and require the opening of an Account implying that the User provides its name, their first name, contact information or other up-to-date and accurate information about them. The conditions for opening an Account are defined in Article 4 below.The Platform provides several features:
- Home: Once the User name and password are inserted, the User has access to his home page. This home page takes the form of a news feed, a list of information updated in real time, from the other Users of the Platform.
- Creation of post (hereinafter referred to as “Post”): Allows any User of the Platform to publish a message, the content of which is in a textual format, photo or internet link or any other format allowing the transfer of information.This Post can be intended for some or all Users of the same building. Posts are displayed in the news feed of the Users concerned.
- Attach a document to the Post: Allows any User of the Platform, when publishing a Post to attach a document.
- Creation of an Event Post: Allows some Users of the Platform, to publish an «event» to some or all Users of the Platform. This “event” enables Users to be notified of the execution of a particular event in a Batch. Posts are displayed in the User’s news feed.”Event” Posts are notified to the persons concerned.
- Creation of a Post Survey: Allows the Users of the Platform to publish a consultation for a group constituted by the Users of the Platform. Posts are displayed in the news feed of the Users concerned.
- Creation of a Post Poster: Allows Users of the Platform to publish information for a group of Users of the Platform. Posts are displayed in the news feed of the Users concerned.
- Post «like» feature: Allows Platform Users to express interest in a Post.
- Post «comment» function: Allows the Users of the Platform to comment, by publishing a message in textual format, any Post appeared on the news feed.
- Inappropriate Content Reporting: Allows Users of the Platform to report any inappropriate content (Post, comment or attachment).
- Notifications: Allows any User to be kept informed of any action related to the management of his Account. This notification takes the form of an SMS or an e-mail. User Notifications can be configured directly from the “Notifications” tab.
- Deleting the Account: Allows any User to delete their Homelinks Account by clicking on the “Delete my Account” button in the “Delete Account” tab. Once the Account is deleted, all the data used to identify the User is deleted.
By using the Services of the Homelinks Platform, the User declares to accept without reservation the present GCU. He hereby declares and acknowledges that he has read and understood the provisions of these UGCs. At any time, if a User disagrees with any of the terms of the UGCs, he or she must immediately terminate the use of the Platform and the associated Services.These GTCs define, the legal framework for the use of the Platform and its Services by the Users and the relations that may be established between the Company and the Users. These UGCs also contain information about the rights of Users and the restrictions on those rights imposed by laws or regulations.
ARTICLE 3: ENTRY INTO FORCE-TERM
- These GTCs constitute the entire agreement between the User and Homelinks regarding the use of the Platform and the Services. They replace any previous agreement.
- The User acknowledges that it may be subject to additional conditions applicable when using or purchasing certain other third party services, affiliated services, content or software.
- These UGCs are applicable for the duration of the Platform’s registration use.
- Homelinks Company reserves the right to modify these GTCs at any time. Any amendment shall take effect from the date of its publication. Users agree to be notified of the updated UGCs by their publication on the Platform.
- By continuing to use the Platform or by accessing it after the effective date of the updated UGCs, the User declares to have read the updates and accepts all changes made thereto. These Terms and Conditions govern any conflicts that may arise prior to the effective date of the updated EMCs.
- The latest version of the EMCs available online shall prevail, where appropriate, over any other version of these EMCs.
ARTICLE 4: REGISTRATION
Access to all sections of the Platform and its Services requires the opening of an Account and the subscription of a Subscription. Once the Subscription has been subscribed, the Subscriber can pre-register the User Accounts relating to the managed building.To become a User, registration to the Platform is mandatory. To do this, the Subscriber provides certain information relating to a User enabling it to be identified. Once this information has been saved, the User will receive a provisional password in order to validate his registration and use the Platform.In order to access the Platform and the Services offered, the User must, when registering, tick the boxes “I consent to the collection and processing of my personal data” and “I fully accept the General Terms and Conditions of Use of the Homelinks Platform”.The provisional password must be changed upon first access to the Account in order to be able to access all the Services of the Platform.By opening an Account, the User confirms to be a major and that any information provided to Homelinks when registering is accurate and complete, that it shall update such information so that it remains up to date and accepts the terms of these UGCs.
ARTICLE 5: OBLIGATIONS
5.1The User agrees to use the Platform and the Services only for legal purposes, suitable and in compliance with these EMCs and all applicable regulations or instructions.When using the Platform and/or its Services, the User is prohibited from:
- Defaming, insulting, harassing, stalking, threatening or otherwise infringing on the rights of others (such as privacy and advertising rights).
- Download to our servers, publish, send by e-mail, transmit or otherwise make available elements of any kind (computer or not, written or not, etc.).
- Usurp the identity of another natural or legal person, falsify or delete copyright notices, legal notices, indications of proprietary rights or descriptions concerning the origin or source of Services or any other elements of the Platform.
- Delete notices relating to copyright, trademarks and proprietary rights contained in the Platform and/or its services and/or related documents.
- Partially or totally prevent another User from accessing or using the Platform to use or benefit from the Services.
- Use the Platform or the Services for illegal purposes, prohibited or liable to harm public order and/or good morals.
- Hinder or interrupt the Platform and/or the Services, or the servers or networks connected to the Platform and/or Services, or violate the requirements, procedures, regulations or regulations of the connected networks;
- Use a robot, a spider (spider), or any other device to retrieve or index all or part of the Platform and/or the Services, or to collect information about Users for unauthorized purposes.
- Create Accounts automatically or for diverted or fraudulent purposes.
- Promote or provide instructions on illegal activities, or promote physical or moral violence against a group or person.
- Promote any subject of controversy, any ideology, whether political or not, any religious activity.
- Propose any commercial promotion or preferential rates from any other company or service.
- Transmit viruses, worms, defects, Trojans or any other element of a destructive nature or likely to steal or reveal data from another user.
Users acknowledge and accept that they may be exposed to this type of behaviour that Homelinks prohibits and that they use the Platform and/or its Services at their own risk.The User agrees that, unless expressly stated otherwise in the provisions of these UGCs, no third party may be a beneficiary of these UGCs.Unless otherwise stated, the User agrees that no third party may be a beneficiary of these UGCs.
5.2 In the event of loss, theft, diversion or unauthorized use by the User of its identifiers or any means of payment registered for the services related to the use of the Site, the User must notify the Company electronically as soon as possible, loss, theft, misappropriation or unauthorised use of its identifiers and any means of payment provided for the use of the services, such as a credit card, without prejudice to the obligations that the User must comply with at the issuing banking institution of the means of payment concerned, and in particular the obligation to notify these events without delay and to file opposition.The User agrees to assist the Company in the clarification of the circumstances and other relevant information relating to such loss in good faith, theft, diversion, unauthorized use or other similar event and proceed with such action as may be required by the Corporation.
ARTICLE 6: RESPONSIBILITY
The User expressly acknowledges and agrees that Homelinks shall not be liable to Homelinks for any direct, indirect, incidental, special, consequential or exemplary damage or damage related to loss of profits, of customers, use, data or other intangible losses resulting from:
- The use or impossibility to use the Platform and its services.
- Unauthorized access or alteration of transmissions or data.
- Statements or conduct of Users on the Platform.
- Any other issues related to the Platform or Services.
Homelinks reserves the right, at any time and from time to time, to modify or interrupt, temporarily or permanently, the Platform (or part of the Platform) with or without notice.Homelinks will under no circumstances be held liable, vis-à-vis Users or third parties, for any modification, suspension or interruption of the Platform.Advertisements, promotions and brands are likely to be displayed on the Platform, the Services and/or the Content.The manner, mode and extent of the advertising displayed by Homelinks on the Platform, the Services and/or the Content are subject to change.Homelinks will under no circumstances be held liable for any loss or damage whatsoever suffered by a User as a result of such activities or the presence of such advertisers on the Platform, the Services or the Content.Homelinks may under no circumstances be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use (or trust) of the Platform, Services or Content, the goods or services available on or through these sites or resources.
ARTICLE 7: GUARANTEE
The Guarantees provided by the User
The User undertakes to guarantee and indemnify Homelinks and its subsidiaries, affiliates, representatives, agents and personnel, advertisers or partners, from any claim resulting from the use not in compliance with the present GTC of the Platform, the Services or the Content, its failure to comply with these Terms and Conditions or other actions on its part relating to a prohibited use of the Platform, the Services or the Content.It also undertakes to indemnify Homelinks, its subsidiaries, affiliates, representatives, agents and personnel, advertisers or partners, from any liability or expense resulting from claims, losses, damages (direct or indirect), prosecutions, judgments, court costs and Council fees of any kind.
Exclusion of warranty by the Company
The user expressly acknowledges that: He accesses the Platform and uses the Services at his own risk. The Platform Services are provided under the conditions described above. Homelinks expressly disallows all other warranties and conditions, express or implied.Homelinks does not guarantee that the Platform or the Services will meet the needs of Homelinks User does not guarantee that the access and use of the Platform and Services will be continuous, fast and error free.Homelinks does not guarantee that the results that can be obtained from the use of the Platform or the Services will be precise and reliable.Homelinks does not guarantee that the quality of products, Services, information or other content obtained by the User via the Platform or Services will meet the User’s expectations.Homelinks does not guarantee that any errors in the Platform and/or the Services will be corrected.No written or oral information or information obtained by the User from Homelinks or via the Platform or the Services may create warranties not expressly stated in these Terms and Conditions.
ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS
8.1 Homelinks is a trademark of INPI.
8.2 The Company is the exclusive owner of the intellectual rights on the Platform and in particular of the set, models, source codes, texts, comments, books, illustrations, videos and images and attached documents, whether visual or audio, reproduced on the Platform and its databases and content of which it is the producer.All of these intellectual creations are protected under copyright, trademark law, patent law, sui generis rights in databases 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 more restrictive provisions of this Code, is authorised.Any other use is constitutive of counterfeiting and sanctioned under the Intellectual Property unless prior authorization of the Company.Any form of full or partial copy, aspiration and reproduction of the Platform is formally prohibited without the prior written consent of the Company.
8.3 The Company grants to the Coordinators and more generally to all Users a personal, royalty-free, non-transferable and non-exclusive license to use the Platform and its Services. This enables the User to access the platform and to use the Services, in accordance with the terms authorized by these UGCs.Unless expressly authorized by Homelinks, the User is not authorized to assign, sublicense or transfer all or part of the rights to use the Platform.The User is under no circumstances authorized to copy, modify, create a derivative work, reverse engineer, decompile or attempt by any other means to reproduce, reconstruct or extract computer data, of any kind, relating to the Platform, the Services or the Content.The User agrees not to modify or attempt to modify, in any way whatsoever, to reproduce, duplicate, copy, rent, lease, grant a loan, give, distribute, exchange, sell or resell any part of the Platform, the Services or the Content in whole or in part.The User agrees not to access or attempt to access the Platform, the Services or the Content in any way other than through the interfaces provided by Homelinks, nor to use modified versions of the Platform, Services or Content for the purpose of obtaining unauthorized access.The User may not aggregate any Content used on the Platform and/or the Services for redistribution purposes and may not use or distribute such Content in any other application or service, without the prior permission of Homelinks.The User acknowledges and accepts that the Platform, the Services, Content and all necessary applets used in the course of operation contain proprietary and confidential information protected by intellectual property rights and other applicable laws.
8.4 In addition, the User acknowledges and accepts that the Content contained in the advertisements and the information presented therein via the Platform, the Services and/or the advertisers is protected by copyright laws, trademarks, service marks and patents, or other property rights and laws.
8.5 In connection with the use of the Platform, the User grants Homelinks a non-exclusive, transferable, sub-licensable license, royalty-free and global for the use of intellectual property content published on the Platform.
ARTICLE 9: PROTECTION OF PERSONAL DATA
9.1 Data protection as a subcontractor
It is recalled that Homelinks acts as a subcontractor, on the instructions of the Coordinator, who is qualified as the person responsible for processing Personal Data. The Coordinator is informed that it is up to him to carry out, under his sole responsibility, the procedures, declarations, requests for authorization provided for by the laws and regulations in force concerning any treatment he carries out.More generally, it will be the responsibility of the Coordinator to comply with any applicable local legislation requiring a particular process of administrative reporting of personal data. The Coordinator guarantees to comply with all his obligations relating to Personal Data.As soon as personal data is collected or transferred by the Coordinator or by Homelinks at the direction of the Coordinator it is the responsibility of the Coordinator to ensure that the collection, the processing and/or transfer of Personal Data is authorised.The Coordinator is and remains responsible for the data. Homelinks shall not use, modify, assign or transfer to any third party, in whole or in part, for payment or free of charge, any data which may have been communicated to it by the Coordinator.
9.2 Data protection as controller
Upon its first connection, the User expressly consents to the processing of its Personal Data within the limits of a processing strictly necessary for the proper functioning of the Platform.Information on the personal information collected in the framework of these UGCs is mandatory. This information is necessary for the processing and provision of the Services. The lack of information prevents the proper functioning of the Services offered online.The Company collects Personal Data only in compliance with the terms of these Terms and any legal and reasonable instructions given by the User at any time.Homelinks will implement all technical and organisational measures necessary to respect the protection of Personal Data, both from the conception of the Service and by default. Homelinks undertakes to limit the amount of Personal Data processed from the outset.When Homelinks finds a violation of rights in connection with 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 User’s Personal Data will be notified to the User concerned by e-mail, within one (1) month.
Each Party shall take appropriate technical and organisational measures to combat the unauthorized or illegal processing of Personal Data or their accidental loss, destruction or deterioration.
In accordance with the law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of the personal information collected on the Platform was the subject of a declaration to the National Commission of Informatics and Liberties under no. 2171367v0.
Use and transmission of User Personal Data
In order to ensure the functioning of the Platform and its Services, Homelinks must proceed with the necessary processing of the Users’ Personal Data. The processed data are transmitted directly according to the following methods and for the following purposes:
Platform attendance statistics
Functionalities proposed by the Platform
All data can be copied in a redundant way over several storage spaces in order to ensure their proper preservation and thus to guarantee the User a better continuity of the Services.
As part of the deletion of Personal Data, Homelinks undertakes to delete the copied Data in a redundant manner as soon as possible.The User acknowledges and agrees that the time limits for deletion of the Data may be extended.
The information of Personal Data collected for these purposes is mandatory and strictly necessary for the proper functioning of the Homelinks Platform. Failing this, the Services cannot be provided.
Homelinks will also be able to use this data for the processing of the User’s requests as well as to strengthen and customize its communication, in particular by means of information letters/e-mails, and finally to customize the Platform according to the observed preferences of the Users. Homelinks can also provide its partners with consolidated and anonymised statistics on Users, but these statistics do not contain any personal data.
This data may be transmitted to the technical service providers for the sole purpose of the proper performance of the Services, or to its various suppliers such as payment solution providers. The User agrees that the Company shares information about them in order to facilitate their use of the Platform and the Services.
The Personal Data communicated by the User will be destroyed at the latest six months after deletion of the account. The Company 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 that strictly necessary.
Access, modification, opposition, portability and deletion rights
In all cases, the User has a right of access, modification, opposition, portability and deletion of the Personal Data concerning him by writing to the following address:
email@example.com with name, first name, e-mail and address.
In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity document bearing the User’s signature.
The User will be able to retrieve his Personal Data in an open and readable format. The right to portability is limited to the data provided by the User concerned. It applies on the basis of the prior consent of the User. Homelinks undertakes to transfer, upon request, within one (1) month, any personal data collection document to the User in order to implement the right to portability. The costs associated with the recovery of the data are borne by the User by making the request.
In accordance with the CNIL deliberation no. 2013-378 of 5 December 2013, Homelinks also informs that cookies store certain information that is stored in the memory of the User’s hard drive.This information is used to generate audience statistics.
A warning message, in the form of a banner, asks the User, beforehand, if he wishes to accept cookies. These cookies do not contain confidential information.
Users going to the home page or another page of the Platform directly from a search engine will be informed:
- Specific purposes of the cookies used;
- The possibility to oppose these cookies and change the settings by clicking on a link present in the banner;
- And the fact that the continuation of its browsing is worth agreeing to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of Users on the Platform, the banner will not disappear until it has continued its navigation.
Without prior consent, the deposit and reading of cookies will not be performed.
Depending on the choices made by the User, it may be the recipient of the newsletter.
By ticking the box provided for this purpose or by expressly giving its consent for this purpose, the User agrees that Homelinks may send him a newsletter (newsletter) may contain information relating to new activities proposed by Homelinks Partners. Users will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
ARTICLE 10: SECURITY
Internet is an open international telecommunications network to which the User can access through a computer, smartphone or Digital Tablet. To access the Platform and the Services, the User must comply with the technical requirements (concerning equipment and software).
The User is required to take all necessary steps to ensure that the technical characteristics of his computer, Smartphone, or Digital Tablet, as well as their software and internet subscription, allow them to access the Platform and Services safely.
The User is fully responsible for the correct operation of his computer equipment, as well as its connection to the Internet. As such, the User must ensure that this equipment does not present any problem or Virus and has sufficient security to prevent the risk that a third party will obtain access to its Account and the data that this space contains.
The User must do everything possible to preserve this security. In particular, the User must ensure that there is no risk that hostile or Virus programs will access and disrupt the Platform’s computer systems. In particular, the User must ensure the security of his computer, Smartphone, Digital Tablet, using and regularly updating anti-virus and anti-spyware software as well as apersonal fire or any other suitable safety device as well as any patches recommended by the publishers of its software and operating system and the manufacturers of its hardware and equipment.
The user is responsible for the confidentiality of his access. Homelinks cannot be held responsible for the loss of access due to user negligence.
The User assumes the technical risks related in particular to a power outage, an interruption of connections, a malfunction or overload of networks or systems.
The User acknowledges that he must contact the internet service provider of his choice to access the Internet, the Platform and its Services. In this context, the User acknowledges that it is up to him to choose his ISP and to determine the terms of his relations with him.
It is recommended that the User disconnect as soon as he has finished using the Services. As the disconnection to the Platform is not automatic, once connected, the User remains connected to the Platform until it disconnects by clicking on the disconnection indication of the Platform.
ARTICLE 11: MODIFICATION AND TERMINATION OF SERVICES – TERMINATION
11.1: General provisions
The User can request that his Account be closed, whatever the reason and at any time, by writing to the following address:
firstname.lastname@example.org indicating his name, first name, e-mail address and a copy of his identity card.
Homelinks reserves the right to interrupt, temporarily suspend or modify access to all or part of the Service without notice, in order to maintain it, or for any other reason, without the interruption being entitled to any obligation or compensation.
Homelinks may at any time and for any reason whatsoever (including following a period of inactivity of the Account for a consecutive year of a User), terminate a User’s access to the Platform and/or the Services, suspend or terminate access to its Account.
11.2: Termination of Subscription
The Subscriber may terminate the Subscription at any time from its Account. Such termination shall take effect on the expiry of the initial Subscription period chosen, unless the termination takes place during the cooling-off period provided for by the UGCs.
The termination of the Subscription will result in the immediate deactivation of all User Accounts of the Platform linked to the Terminated Subscription. Users will no longer be able to access their Account.
A termination notified by the Subscriber to Homelinks between the end of the said reflection period of 15 days and the end of the initial Subscription period will not give rise to any refund of the Subscription fees already paid, whatever the payment method chosen by the Subscriber.
Failing to terminate the Subscription under the conditions described above, the Subscription will be automatically renewed at the end of a three-month period, for an equivalent period, renewable indefinitely by tacit renewal.
Failing to terminate the Subscription under the conditions described above, the twelve-month Subscription will be automatically renewed at the end of the twelve-month period, for an equivalent period renewable indefinitely by tacit renewal for identical periods.
Prior to the expiry of each renewal period of the Subscription, the Subscriber shall have the right to terminate such renewed Subscription under the same conditions as those defined for the termination of the initial Subscription.
Each renewal period of Subscription shall be subject to payment of the fixed price, if any, and shall be obligatory by automatic debit from the bank account, the bank card, or PayPal account or any other means agreed upon by the parties whose contact details have been indicated at the time of Subscription, regardless of the payment method chosen by the Subscriber for the purposes of invoicing the Initial Subscription.
Finally, Homelinks reserves the right to unilaterally terminate the Subscription or suspend the Account, at any time, in the event of unauthorized, actual or suspected use of the Platform or the Related Services.
If Homelinks terminates the Subscription or suspends an Account, for any of the reasons set out in these Terms and Conditions, Homelinks will not be liable and will not reimburse any amount previously paid.
Regardless of the reason for termination of the Subscription, the Account will be immediately deactivated and the Subscriber and its Users will no longer be able to access their Account or any file or content contained therein-Even if there are still copies of information on its system.
ARTICLE 12: SHARING AND COMMUNICATION TOOLS
The Platform may contain hyperlinks and/or hyperlinks to websites edited and hosted from third-party servers, particularly regarding advertising banners, whose governance is not provided by the Corporation and over which no control may be exercised.
The Company declines all responsibility regarding the legal consequences related to access to these sites from the Platform.
ARTICLE 13: SUBCONTRACTING
Homelinks has the right to subcontract all or part of the performance of the services related to the Services, in compliance with the legal provisions in force.
Homelinks may also subcontract the hosting services of the Data provided that the Data is processed by a hosting platform located exclusively in the territory of the European Union, in accordance with the Data Protection Act, which the User expressly acknowledges and accepts.
Homelinks remains solely responsible to the Users for the performance of the services entrusted to a subcontractor.
ARTICLE 14: MAJOR FORCE
Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and thus suspends the obligations of the parties, as for example without this list being exhaustive: a strike or technical breakdown (energy producers or distributors, telecommunications operators, Internet access or accommodation providers, registration offices, etc.), a shutdown of energy supply (such as electricity), a failure of the electronic communication network on which the Corporation depends and/or of the networks that would replace it.
The Company may not be held liable, or considered as having failed to fulfil its obligations under these GTCs, for non-performance related to a case of force majeure as defined by French law and jurisprudence, on condition that it notifies the other party, on the one hand, and that it does its best to minimise the harm and to carry out its obligations as soon as possible after the cessation of force-majeure.
ARTICLE 15: COMPLETENESS
The provisions of these Terms and Conditions express the entire agreement between the Users and the Company. They shall prevail over any proposal, exchange of letters before and after the conclusion of this Agreement, and any other provision contained in the documents exchanged between the parties relating to the subject matter of the UGCs, unless duly signed by the representatives of both parties.
ARTICLE 16: NON-RENONCIATION
The fact that one of the parties to these UGCs has not required the application of any clause, either permanently or temporarily, may not in any case be considered as a waiver of the rights of that party arising from the said clause
ARTICLE 17: NULLITY
If one or more provisions of these UGCs are held invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these UGCs shall retain their full force and scope.
Where applicable, the Company undertakes to delete and immediately replace said clause with a legally valid clause.
ARTICLE 18: JURISDICTION ALLOCATION – APPLICABLE LAW
These General Conditions are governed by French law.
In the event of any dispute which may arise in connection with the interpretation and/or execution of this Agreement or in relation to these UGCs, the Parties undertake to make every effort to resolve amicably all disputes to which these UGCs may give rise
Thus, in the event of a dispute between a User and the Company, the parties agree to negotiate in good faith the settlement of the dispute. If the Parties fail to settle the dispute after at least 30 working days of negotiation, the dispute will be settled before the jurisdiction of the exclusive jurisdiction of the city of Paris.