In this respect, the Platform aims to facilitate the User's real estate search, whether for buying, selling, renting and/or any other related search. It does not, however, intervene in any way whatsoever in relations between professionals and their customers or principals.
1. LISTINGS TERMS AND CONDITIONS
By posting a listing on DoorInsider, you agree to the following terms and conditions:
1.1 Advertiser quality
DoorInsider acts as a mere online platform distributor on behalf of the User concerned, who in turn may be acting on instructions from its own customers under a separate contractual relationship.
1.2 Viewing listings and visiting properties
Once an Listing has been placed online, each User can consult it and take advantage of the functionalities available on the Platform.
The User can thus, at any time, make an online reservation request to visit the property related to the Listing in question, depending on the Listing owner's availability. Each visit request is immediately forwarded to the owner of the Listing so that he/she can contact the User concerned and confirm the requested date and time slot, or propose another according to his/her availability.
The owner of an Listing published on the Platform is entirely free to accept and organize or not the visit of the property. DoorInsider is in no way responsible for any cancellation or unavailability of the owner of the Listing following the identification and scheduling of a visit by the User who made the request via the Platform.
A visit request may be cancelled or modified by the User concerned via the Platform.
The User authorizes DoorInsider to send him notifications whose purpose is to deliver information about visits he has requested on the Platform. The User also authorizes DoorInsider to notify him of any practical information concerning the visit.
DoorInsider declines all responsibility in the event of an error in the User's contact details making it impossible to send the notification necessary for the proper operation and administration of the online visit reservation service. The User undertakes to complete all necessary information requested for the proper use of the online visit reservation service.
2. CONTACT FORM
The User may use the Platform to contact the owner of an online Listing or any other person referenced therein for information, in which case the User agrees that his or her contact details may be communicated to the person concerned, who is free to decide whether or not to comply with requests for information. DoorInsider is in no way responsible for its decisions, nor for the content, veracity or completeness of any exchanges that may result.
3. COLLECTING BIDDING INTENTIONS
3.1 Collecting purchase bidding intentions
The Platform enables all Users to declare their intention to make an offer to purchase (or even to rent) a property listed or advertised on the Platform ("Bidding Intentions"). In this respect, the Platform also makes available to Users wishing to use it a model of purchase offer intention which, once completed by the User, will be communicated to the owner of the Listing concerned, who may, if appropriate, act upon it. Any model made available on the Platform is provided for information purposes only, so that Users are responsible for using it at their own discretion and appreciation, without being able to hold the Platform liable in this respect.
Furthermore, Users are expressly reminded that no real estate sale or transaction may be carried out, directly or indirectly, via the Platform: any Offer Intention thus made by a User must subsequently be formalized under the conditions of common law (in particular, for example, by formalizing/reiterating the agreement in a notarial deed).
The User is hereby informed and acknowledges that DoorInsider's activity in this respect is limited to facilitating contact between Users and the owners of Listings. DoorInsider cannot be held liable in any way whatsoever for any relations, agreements or discussions that may arise between the Users themselves and these Listing holders.
3.2 Wording and price of Bidding Intentions
Bidding Intentions relating to Listings the holder of which is a professional are understood to include agency fees, where applicable. Agency fees are indicated by the listing owner in the property listing, in accordance with applicable regulations.
4. ALERTS AND NEWSLETTERS
The User has the possibility to submit on the Platform alert requests for a real estate or related search for which he can customize the criteria, including the email address on which to receive these alerts by DoorInsider when these criteria are met.
The User may terminate such alerts at any time by clicking on the relevant hyperlink at the bottom of each electronic communication received by DoorInsider. Insofar as the User has a personal account on the Platform, he/she will also be able to retrieve his/her various alerts, modify them and/or terminate them if necessary.
In order to keep the User informed of DoorInsider news and benefits, the User may also receive, by electronic communication (email, sms...), commercial information or news about the Company, newsletters and/or alerts concerning products and services similar to those which the User has already consulted on the Platform. If the User does not wish to receive offers and information from the Company, he/she may opt-out of receiving them at any time by clicking on the unsubscribe link at the bottom of each electronic communication received.
5. REGISTRATION CONDITIONS
5.1 Accessing the Platform and creating an account
Any person wishing to have access to the Platform via a personal account, and thus be able to benefit from the associated functionalities in particular, must create a personal account. To do so, the User must:
- fill in the various fields of the personal account creation form;
- confirm their registration.
5.2 Registration confirmation
When creating an account, the User is asked to choose a password, which guarantees the confidentiality of the information contained in the account.
To validate registration, a confirmation e-mail may be sent to the User at the address previously entered on the Platform. The User then activates his/her account by clicking on the hypertext link provided.
Each User guarantees the sincerity and accuracy of the information provided to DoorInsider for the purposes of registration, undertakes to notify DoorInsider of any subsequent changes and guarantees that said information does not infringe the rights of third parties.
The User may modify this information and the password communicated from his account on the Platform.
The User undertakes not to divulge or transfer his/her account, login and password and is solely responsible for their use until they are deactivated. The User must immediately inform DoorInsider of any loss or unauthorized use of his/her account.
DoorInsider reserves the right to delete the account of any User who has provided false or erroneous information.
6. USERS' OBLIGATIONS
In particular, each User undertakes to:
- only formulate Offer Intentions on the Platform for their own account and refrain from formulating Offers concerning properties marketed by an Ad Holder with whom they would be prevented from doing so in any way whatsoever;
- ensure that the Offer Intentions they formulate are genuine, serious and fair, and not formulate any Offer Intentions whose purpose or effect is to artificially alter the price of the property presented;
- not to disseminate content that is abusive, hateful, inciting to violence or racist in any way whatsoever,
- not to disseminate content that may have the effect of diminishing, disorganizing, slowing down or interrupting the normal flow of data on the Platform.
Any abnormal, abusive or fraudulent use of the Platform of which a User is aware may be reported directly to DoorInsider.
In the event that a User is responsible for a breach of current legislation or an infringement of the rights of third parties, DoorInsider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police force), any information allowing or facilitating the identification of the offending User.
7. OBLIGATIONS OF DOORINSIDER
DoorInsider publishes the services and features available on the Platform and hosts the content of the Platform placed online. DoorInsider acts as a technical service provider and has no control over the lawfulness, accuracy, quality or sincerity of the content uploaded by Users.
Consequently, Users acknowledge DoorInsider's capacity as host of the Platform within the meaning of article 6 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy.
However, DoorInsider undertakes to remove promptly any manifestly illicit content brought to its attention, in particular where the existence of such content has been notified to it by a User in accordance with the conditions laid down by the applicable regulations.
In addition, DoorInsider endeavours to ensure access to and proper operation of the Platform. However, DoorInsider cannot exclude the possibility that access to and operation of the Platform may be interrupted, in particular in the event of force majeure, malfunctioning of Users' equipment or Internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Platform by a User or third party, decision by the competent authorities, or for any other reason.
DoorInsider also reserves the right to make any modifications and improvements to the Platform that it deems necessary for technical developments or for its proper operation.
General and temporary interruptions to the service will, as far as possible, be notified via the Platform before they occur, except where such interruptions are of an emergency nature.
8. DURATION, SUSPENSION AND TERMINATION
8.2 Suspension and Termination
The User will be informed by e-mail of the suspension/termination of his/her account. The User's data will be destroyed at the User's request, or upon expiry of the legal period running from the date of termination of the account.
9. RECORDING SYSTEMS
Computerized registers, kept in DoorInsider's computer systems under reasonable security conditions, will be considered as proof of communications and actions by Users. The archiving of these elements is carried out on a reliable and durable support so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each User acknowledges the evidential value of the Platform's automated recording systems and declares that he/she will not contest them in the event of a dispute.
10. INTELLECTUAL PROPERTY
DoorInsider is the exclusive owner of all intellectual property rights (such as copyrights, neighboring rights, trademark rights, rights of producers of databases) relating to both the structure of the Platform and its content (hereinafter generally defined as the "Elements"), including but not limited to the graphic design, title, form, plan and structure of the Platform, text, logos, trademarks, images and photographs, animations and videos, slogans, databases and more generally all or part of the Platform.
Any use of the Elements that is not expressly authorized constitutes an infringement of copyright and counterfeiting. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It may therefore engage the civil and/or criminal liability of its author.
Furthermore, any extraction, indexing, integration, compilation, or use for professional or commercial purposes of information contained in the databases accessible on the Platform, as well as any use of software, robots, data mining systems and other data collection tools is strictly forbidden to Users. In particular, any creation of hypertext link(s) on the DoorInsider Platform requires the prior written consent of the Platform operator. The use of "framing" and "crawling" techniques without prior identification of the user is expressly forbidden.
Each User declares that he/she is aware of the constraints and limitations of Internet networks and may not, under any circumstances, hold DoorInsider liable for malfunctions in access to the Platform, for the speed at which Platform pages are opened and consulted, for fraudulent use by Users or third parties of information made available on the Platform, in the event that hypertext links present on the Platform lead to other websites whose content contravenes current legislation or whose visit is likely to cause any harm whatsoever.
The User is therefore solely responsible for his or her use of the Platform and the services he or she accesses from it.
DoorInsider shall in no event be held liable in the event of proceedings brought against a User who is guilty of non-compliant use of the Platform and/or the services provided.
The User acknowledges and accepts in this respect that he/she will be personally responsible for any claims or proceedings brought against DoorInsider as a result of his/her non-compliant use of the Platform and/or associated services.
DoorInsider shall not be held liable in any way whatsoever:
- in the event of a breach of any obligation resulting from a fortuitous event or an event of force majeure;
- if the information or personal data provided by a User is false, erroneous or incomplete;
- in the event that certain services or functionalities are not accessible on the Platform due to a User's deactivation of cookies via the browser interface;
- in the event that the functionalities of the Platform prove to be incompatible with certain equipment and/or functionalities of a User's computer hardware;
- in respect of any indirect or consequential loss or damage such as financial loss, loss of chance, loss of profit, loss of contract, loss of order, loss of clientele, operating loss, commercial loss or disturbance or loss of image, which may result from the use of the Platform.
Consequently, DoorInsider declines all responsibility for any direct or indirect consequences resulting from the relationship between Users.
13. JURISDICTION AND APPLICABLE LAW
In the event of failure to reach an amicable settlement within a period of one month from the date of referral to DoorInsider by one of the parties, any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Paris.