The purpose of these General Conditions of Use (the “General Conditions”) is to define the conditions of use of the internet platform accessible at the URL address https://www.doorinsider.com (the “Platform”).
The General Conditions thus govern the contractual relationship between the operator of the Platform (“DoorInsider”) and any person visiting or having access to the Platform and to the DoorInsider services being presented or offered there (a “User”), whatever the medium used in this regard and not important whether or not the User creates a personal account on the Platform.
The creation of an account, access to the Platform and / or use of the services offered on the Platform by a User are thus conditional on the prior acceptance without restriction or reservation of these General Conditions.
1. Purpose of the Platform
The Platform is a website offering the dissemination of real estate advertisements by professionals, in particular real estate professionals acting in France on behalf or on instructions within the meaning of the Hoguet law (law n ° 70-9 of January 2, 1970 regulating the conditions for carrying out activities relating to certain transactions relating to buildings and businesses) by virtue of a mandate with their own clients.
As such, the Platform aims to facilitate the procedures for Users in their real estate search, whether for the purchase, sale and / or rental. On the other hand, it does not intervene in any way whatsoever in the relations between professionals and their clients or principals.
2. Conditions applicable to the posting of advertisements
By posting an ad on DoorInsider, you agree to the following terms:
2.1 Quality of the advertiser
DoorInsider acts as a simple advertiser on behalf of the User concerned, who in turn acts on the instructions of its own customers under a separate contractual relationship.
2.2 Consultation of advertisements and visits to the property
As soon as an advertisement is posted online, each User can consult it and benefit from the features posted on the Platform.
The User can thus, at any time, make an online reservation request for the visit of the property relating to the advertisement in question depending on the availability of the holder of the advertisement. Each visit request is immediately sent to the latter for validation. A visit request can then be canceled or modified through the Platform.
The User who holds the advertisements can manage his visits (cancellation, modification) and follow the history of his visits.
The User authorizes DoorInsider to send him notifications the purpose of which is to provide him with information about the visits he has booked on the Platform.
The User also authorizes DoorInsider to notify him of any practical information concerning the visit.
The User who owns the advertisements may also benefit from other functionalities and services provided from time to time by DoorInsider in relation to his real estate, in particular virtual visit services, creation of plans, virtual home staging, etc. title, the User acknowledges and accepts that the renderings and deliverables are for illustrative purposes and not contractual; under no circumstances are these services intended to replace a specialized and certified service that the User would request from a third party (for example an architect, surveyor, property surveyor).
DoorInsider declines all responsibility in the event of an error in the entry of contact details by the User making it impossible to send the notification necessary for the proper functioning and proper administration of the online tour reservation service. The User agrees to complete all the necessary information requested of him for the proper use of the online tour reservation service.
The User holding an advertisement published on the Platform has complete freedom to accept and organize or not the visit of the property.
DoorInsider is in no way responsible for any cancellation or unavailability of the holder of the announcement following the identification and scheduling of a visit by the User having made the request via the Platform.
3. Contact form
The User can also contact through the Platform the holder of an online advertisement or any other person referenced therein for information, in which case the User accepts that his contact details be communicated to the person concerned who has full freedom to access or not to requests for information. DoorInsider is in no way responsible for its decisions, nor for the content, veracity and completeness of the exchanges that may result from them.
4. Collection of offer intentions
4.1 Collection of purchase offer intentions
The Platform allows each User to declare his intention to make an offer to purchase (or even to rent) a property whose advertisement is published on the Platform (the “Intentions to Offer”). In this regard, the Platform also makes available to Users wishing to use a model offer to purchase which, once completed by the User, will be communicated to the holder of the relevant advertisement who may, if applicable, follow through. Any model made available on the Platform is provided for information only so that it is the Users' responsibility to use it in their sole discretion and appreciation, without being able to engage the Platform's responsibility in this regard.
In addition, it is expressly recalled that no real estate sale can be made, directly or indirectly, through the Platform: any Offer thus formulated by a User must subsequently be formalized under the conditions of common law (in particular by formalizing / reiterating the agreement by notarial deed).
The User is informed and recognizes that the activity of DoorInsider is limited in this context to facilitating the connection of Users with the holders of advertisements (and where applicable their principal (s)). Its responsibility can not in any way be engaged within the framework of the relations, agreements and discussions likely to occur between the Users themselves and these holders of advertisements.
4.2 Wording and price of Intentions to Offers
The Intentions of Bids concerning goods for which the holder of the advertisement is a professional shall be understood, where applicable, at the price including agency fees. The agency fees are indicated by the owner of the advertisement in the advertisement of the property in accordance with applicable regulations.
5. Registration conditions
5.1 Access to the Platform and creation of an account
Anyone wishing to have access to the Platform as an ad holder, and thus be able in particular to benefit from the functionalities for managing online visits and / or communication of Intention of Offer (s), must create a personal account. To do this, the User must:
- have full capacity to contract and accept the General Conditions;
- fill in the different fields of the personal account creation form;
- confirm their acceptance of the General Conditions;
- confirm their registration.
5.2 Confirmation of registration
When creating an account, the User is invited to choose a password, which guarantees the confidentiality of the information that will be contained in his account.
For the purpose of validating the registration, a confirmation email is sent to the User at the address previously provided on the Platform. The User then activates his account by clicking on the hypertext link provided for this purpose.
Each User guarantees the sincerity and accuracy of the information provided to DoorInsider for the purposes of its registration, undertakes to notify it of any subsequent modification and guarantees that said information does not infringe the rights of third parties.
The User can modify this information and the password communicated from his account on the Platform.
The User agrees not to disclose or transfer his account, usernames and passwords and is solely responsible for their use until they are deactivated. He must immediately notify DoorInsider of any loss or unauthorized use of his account.
DoorInsider reserves the right to delete the account of any User who has provided false or erroneous information.
6. Obligations of users
Whether or not they are registered with the Platform, each User undertakes to access and use it fairly and in accordance with the laws in force and these General Conditions.
Each User undertakes in particular to:
- formulate Offer Intentions on the Platform only for its own account and refrain from formulating Offers concerning real estate marketed by an Ad holder with whom it would be prevented in any way whatsoever;
- ensure the real, serious and fair nature of the Intentions to Offer that it formulates and not formulate an Intention of Offers the object or effect of which is to artificially alter the price of the property presented;
- not to disseminate content that is offensive, hateful, inciting violence or racist in any way,
- not to distribute content that may have the effect of reducing, disrupting, slowing down or interrupting the normal flow of data on the Platform.
Any abnormal, abusive or fraudulent use of the Platform that a User becomes aware of can be reported directly to DoorInsider.
In the event that a User is responsible for an infringement of the legislation in force or an infringement of the rights of third parties, DoorInsider reserves the right to provide, at the request of any legitimate authority (jurisdiction, administrative authority, services police), any information allowing or facilitating the identification of the offending User.
7. Obligations of DoorInsider
DoorInsider undertakes to implement all the due diligence required for the performance of its obligations under these General Conditions.
DoorInsider publishes the services and features available on the Platform and hosts the Platform content posted online. DoorInsider acts as a technical service provider and does not exercise any control over the legality, accuracy, quality or sincerity of the content, which is posted by Users.
Consequently, Users recognize DoorInsider as the Platform host within the meaning of article 6 of law n ° 2004-575 of June 21, 2004 on confidence in the digital economy.
However, DoorInsider undertakes to promptly remove any clearly illegal content that comes to its attention, in particular when the existence of such content has been notified to it by a User under the conditions provided for by applicable regulations.
In addition, DoorInsider strives to ensure access and proper functioning of the Platform. However, DoorInsider cannot exclude that access to and operation of the Platform may be interrupted, in particular in the event of force majeure, malfunctions of equipment or the Users' internet network, failure of telecommunications operators, interruption of the supply of electricity, abnormal, illicit or fraudulent use of the Platform by a User or a third party, decision of the competent authorities, or for any other reason.
DoorInsider also reserves the right to make any modifications and improvements of its choice to the Platform related to technical development or its proper functioning.
General and temporary interruptions to the service will, as far as possible, be notified via the Platform before they occur, except when these interruptions are of an emergency nature.
8. Duration, Suspension and Termination
These General Conditions are concluded by the Users for an indefinite period from their acceptance.
8.2 Suspension and Termination
DoorInsider reserves the right to suspend a User's access to the Platform, temporarily or permanently, and / or to terminate automatically, without compensation and without prejudice to all rights to damages, these General Conditions in deleting a User's account, in the event of a breach of the stipulations of these General Conditions.
The User will be informed by email of the suspension / termination of his account. Their data will be destroyed at their request or at the expiration of the legal periods running from the date of termination of the account.
Any User may at any time terminate these General Conditions and deactivate their account, without notice or reason.
9. Recording systems
The computerized records, kept in DoorInsider's computer systems under reasonable security conditions, will be considered as proof of the communications and actions of Users. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each User recognizes the evidential value of the Platform's automated registration systems and declares that they waive their right to contest them in the event of a dispute.
10. Intellectual property
DoorInsider is the exclusive owner of all intellectual property rights (such as in particular copyright, neighboring rights, trademark rights, rights of database producers) relating to both the structure of the Platform and its content (here- after generally defined as the "Elements"), and in particular without limitation on the graphic charter, the title, the form, the plan and the structure of the Platform, the texts, the logos, the brands, the images and the photographs, animations and videos, slogans, databases and more generally all or part of the Platform.
Any unauthorized use of the Materials results in a violation of copyright and constitutes an infringement. It may also result in a violation of image rights, human rights or any other rights and regulations in force. It can therefore engage the civil and / or criminal liability of its author.
In principle, these General Conditions do not involve the transfer of any of these intellectual property rights. Consequently, each User is prohibited from reproducing, using, representing, modifying, adapting, translating, copying, disseminating, selling, publishing and exploiting in any way and by any means whatsoever, any element over which DoorInsider holds a right to intellectual property, except with the prior written consent of DoorInsider.
In addition, 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 prohibited for Users. In particular, any creation of hypertext link (s) on the DoorInsider Platform must be subject to the prior written authorization of the Platform operator. The techniques of "framing" and "crawling" without prior identification of the user are expressly prohibited.
Each User declares to be informed of the constraints and limits of the Internet networks and may in no case be held responsible for DoorInsider for malfunctions in access to the Platform, the opening speeds and consultation of the pages of the Platform, fraudulent use by Users or third parties of the information made available on the Platform, in the event that hypertext links on the Platform refer to other websites whose content contravenes the laws in force or whose visit is likely to cause any harm.
The responsibility of DoorInsider can no longer be engaged:
- in the event of a breach of any obligation resulting from a fortuitous event or an event of force majeure;
- in the event that the information or personal data communicated 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 deactivation by a User of cookies via the interface of the browser software;
- 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;
- for any indirect or immaterial damage or prejudice such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of goodwill, loss of business, damage or commercial disturbance or damage to image, that could result from the use of the Platform.
Consequently, DoorInsider declines any responsibility for the direct and indirect consequences resulting from the relationship between Users.
DoorInsider reserves the right to modify all or part of the General Conditions at any time.
Any use of the Platform following a modification made to the General Conditions implies acceptance by each User of said modifications. As such, each User undertakes to regularly consult the "General Conditions of Use" section of the Platform so as to keep themselves informed of changes to the General Conditions.
13. Jurisdiction and applicable law
These General Conditions are subject to French law.
Any disputes that may arise regarding the validity, interpretation, execution, modification or termination of these General Conditions will be subject to the discretion of DoorInsider.
In the absence of an amicable settlement within a period of one month from the referral of one of the parties, any dispute will be subject to the exclusive jurisdiction of the competent courts of the courts of Toulouse.