TERMS AND CONDITIONS OF USE
Last update: October 13, 2020
These general conditions of use ("CONDITIONS") govern the relationship between Internet users (THE USER) and the Internet site fr.realadvisor.com (the "SITE") managed by AI Partners SA ("the COMPANY" or "AI PARTNERS").
- INFORMATION: refers to all the information made accessible to the RECIPIENTS on the SITE including data, advice, recommendations, software simulation (in particular the estimation of the RECIPIENT's real estate) and other information of which AI PARTNERS is the owner, or is authorised to use and disclose.
- BENEFICIARIES: refers to any natural person, who may be a consumer, wishing to benefit from the
- SERVICES in order to be assisted in the sale of their property.
- PARTNER: shall designate the various partners to whom AI PARTNERS may transmit the data of the
- BENEFICIARIES in order to contact them to assist them in their real estate sales transaction, provided that the BENEFICIARIES have formally agreed to such transmission by accepting the present general conditions of use.
- SERVICES: refers to all the services offered by AI PARTNERS to the BENEFICIARIES with a view to helping them in the sale of their property and in the search for service providers to assist them in this operation, its preparation and its follow-up.
- LEADS VENDORS SERVICE: refers to the service by which AI PARTNERS offers PARTNERS an effective support solution based on the sale of leads allowing them to be put in contact with BENEFICIARIES wishing to sell their property.
- SITE: refers to the Internet site accessible at the address en.realadvisor.com/en. The SITE includes all the web pages, services and functionalities offered to USERS.
- USER: refers to any person who accesses, navigates and uses the various functionalities of the SITE, including the BENEFICIARIES, PARTNERS and more generally any Internet user accessing the SITE.
These TERMS AND CONDITIONS are referenced at the bottom of each page of the SITE by means of a hypertext link and can thus be consulted at any time.
The SITE is freely and exclusively accessible online on the COMPANY's website.
The USER acknowledges that he/she has the necessary means and skills to use the SITE. The equipment necessary for access and use of the SITE is at the USER's expense, as are the telecommunications costs incurred by their use.
By accessing and using the SITE, the USER accepts, without restriction or reservation, the following CONDITIONS, complies with them and assumes all legal consequences.
These CONDITIONS apply to all visitors and USERS of the SITE.
If USER does not agree to these TERMS AND CONDITIONS, in whole or in part, USER is requested not to use the SITE.
These Terms supersede all prior arrangements and agreements between the USER and the COMPANY regarding the SITE.
1. PURPOSE OF THE SITE
The purpose of the SITE is to:
- to enable the BENEFICIARIES to benefit from the INFORMATION and SERVICES of the en.realadvisor.com site in the context of their project to sell or buy a property.
- to offer PARTNERS a personalised and efficient prospecting service enabling them to receive a list of contacts likely to become BENEFICIARIES whom they will accompany in their project to sell or buy a property.
2. Role of AI PARTNERS
AI PARTNERS, through the SITE, offers certain INFORMATION, functionalities and SERVICES to the BENEFICIARIES, as well as a LEADS VENDORS SERVICE dedicated to PARTNERS.
The CONDITIONS do not confer on USERS the status of employee, agent or representative of AI PARTNERS.
The parties further declare that these CONDITIONS may in no case be considered as an act constituting a legal entity or any other legal entity, and that any form of "affectio societatis" is formally excluded from their relationship.
The SITE is simply intended to facilitate the sales project of the BENEFICIARIES by putting them in contact with the PARTNERS.
The role of AI PARTNER is limited to :
- To help the BENEFICIARY to describe his property and to have a first estimate of its price;
- Propose to the BENEFICIARY to be contacted by a PARTNER in order to accompany him/her in his/her real estate transaction, whether it be at the level of its preparation or at the level of its progress and its consequences. It is recalled that, in accordance with Article L. 121-34 of the Consumer Code, any PARTNER who has collected the telephone data of the RECIPIENTS is obliged to inform the latter of their right to register on the list of opposition to telephone solicitation.
- It is specified that AI PARTNERS may receive remuneration from PARTNERS in return for the transmission of the data of the RECIPIENTS who have formally authorised this transmission after qualification of the said data.
- To propose to PARTNERS to subscribe to a service in order to help them obtain new contacts in order to assist them in their real estate sales project.
The general obligation of AI PARTNERS is an obligation of means. AI PARTNERS has no obligation of result or reinforced means of any kind.
When the USER creates an account on the SITE, he/she must provide the COMPANY with information that is accurate, complete and up-to-date at all times. Failure to do so constitutes a breach of the TERMS AND CONDITIONS, which may result in the immediate termination of the USER's account on our SITE.
The USER may not use as an identifier the name of another person or entity or one that has not been lawfully made available, a name or mark that is subject to the rights of another person or entity other than the USER without proper authorization, or a name that is offensive, vulgar or obscene.
4. EXPECTED BEHAVIOUR OF THE USER
The USER agrees to access and use the SITE in good faith, honestly, truthfully and reasonably, not contrary to the terms of these CONDITIONS and for strictly personal and non-profit use.
The User shall not use any devices or software intended to affect or hinder the proper functioning of the SITE. Thus, the USER must not seek to undermine the automated data processing systems implemented on the SITE in the sense of Articles 323-1 et seq. of the French Penal Code.
The COMPANY invites any USER to point out any problem or advertisement that appears fraudulent or unethical by using the SITE's contact form.
The USER undertakes not to use the SITE for illegal purposes and/or with the aim of harming public order, the interests, rights, reputation or image of the COMPANY, to comply with the laws and regulations in force and to respect the rights of third parties.
Therefore, the USER may also not under any circumstances:
- Distribute and send content in any form whatsoever involving xenophobia, racism, incitement to racial hatred, paedophilia, pornography, calls to murder, defamation, insult, or infringing the rights of third parties, in particular, intellectual property rights and the right to privacy;
- Collecting personal details and data published on the SITE for direct or indirect commercial purposes and/or for personal purposes in a form and/or medium not authorised by the COMPANY. The authors of advertisements may not be contacted for reasons other than the purpose of their advertisements by any means whatsoever;
- Exploiting and/or using the electronic and/or postal contact details of other users of the SITE to send e-mails in an abusive manner (spamming).
In the event of a breach of any of these obligations, and without this list being exhaustive, the USER acknowledges and accepts that the COMPANY shall have the right to unilaterally deny him/her access to all or part of the SITE without prior notice.
AI PARTNERS may terminate or suspend the USER's account immediately, without prior notice or liability, for any reason, including but not limited to breach of the TERMS AND CONDITIONS.
Upon termination, the USER's right to use the SITE shall cease immediately.
6. INTELLECTUAL PROPERTY
The SITE and its original content (including trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts), options and features are and shall remain the exclusive property of the COMPANY and its licensors. The SITE is protected by copyright, trademark, and other laws of France and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the Company's prior written consent.
In accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or exploitation of the SITE and/or its contents, in whole or in part, by any process whatsoever and on any medium whatsoever, without the express prior authorisation of the COMPANY, is prohibited and constitutes an infringement of copyright.
Likewise, any unauthorised use of the SITE and/or its contents shall render the USER criminally and civilly liable on the basis of copyright infringement.
Consequently, the USER shall refrain from :
- extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the SITE and/or the SERVICES onto another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a medium and/or process(es) not authorised by the COMPANY;
- the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the SITE, in any form whatsoever, including by means of a hypertext link, a medium and/or process(es) not authorised by the COMPANY;
- the creation, editing, maintenance, updating, importing, exporting, making available to third parties, whether free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more of the COMPANY's databases;
- in general, any extraction, use, storage, reproduction, representation or conservation, whether direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the contents of one or more of the COMPANY's databases, committed by one of the above-mentioned processes, is strictly prohibited, including by a medium not authorised by the COMPANY.
Acceptance of the present CONDITIONS constitutes recognition by the USERS of the intellectual property rights of AI PARTNERS and the commitment to respect them.
AI PARTNERS grants a personal, non-exclusive and non-transferable license to USERS to use the SITE and the INFORMATION contained therein in accordance with these CONDITIONS. Any other exploitation of the SITE and its contents is excluded from the scope of the present license and may not be carried out without the prior express authorization of AI PARTNERS.
7. LINKS TO OTHER WEBSITES
The SITE may provide links to third party sites or services that are not owned or controlled by the COMPANY.
The COMPANY has no control over, and assumes no responsibility for, the reliability, appropriateness, currency, or accuracy of the content, privacy policies, or practices of any third party sites.
USER further acknowledges and agrees that the COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or service. Therefore, the COMPANY shall not be held liable for any dispute that may arise between the said websites and the USER.
The USER is advised to carefully read the terms and conditions and privacy policies of any third-party website or service he/she uses.
8. PROTECTION OF PERSONAL DATA AND PRIVACY
The COMPANY collects the personal data provided by the USER when using the SITE through its online estimate tool. This data processed by the COMPANY allows it to:
- the establishment of general statistics
- the sending of various information, replies or announcements from the SITE to the e-mail addresses of the users
- the communication of information requests to third party partners selected by the COMPANY.
In accordance with the provisions of Law no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, any USER of the site is entitled to
- receive a right of access ;
- have a right of rectification;
- have access to personal data concerning him/her. He may also exercise his rights by contacting the Company at the address mentioned in Article 12.
These rights can be exercised, in accordance with the law n°78-17 of 6 January 1978, by simple request by e-mail to the address email@example.com, by paper mail to the address of the registered office of AI PARTNERS (AI PARTNERS SA - 86A avenue Louis-Casaï - 1216 Geneva - SWITZERLAND) by justifying his identity and a legitimate reason if required by the law The USER may at any time object to his personal data being communicated to third parties and also rectify, update or delete his personal data.
The COMPANY undertakes to take all reasonable measures to protect all of the USER's personal data collected and processed by it.
9. LIMITATION OF LIABILITY
In no event shall the COMPANY, nor any of its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or any other intangible loss, resulting from
- access to or use by the USER of or the impossibility of accessing the SITE,
- abnormal use or illicit exploitation of the SITE,
- any conduct or content of any third party on the SITE,
- in the event of non-compliance with these CONDITIONS by USERS,
- any content obtained from the SITE;
- in the event of delay or non-performance of its obligations, when the cause of the delay or non performance is related to an event of force majeure as defined in these CONDITIONS,
- in the event of a foreign cause not attributable to AI PARTNERS,
for any indirect or immaterial damage such as loss of opportunity, loss of profit, loss of contract or loss of image,
- unauthorised access, use or alteration of transmissions or USER content, whether based on a guarantee, contract, tort (including negligence) or any other legal theory, whether or not the COMPANY has been informed of the possibility of such damage, or even if a remedy set out here has not succeeded in achieving the objectives set for it.
The COMPANY provides the USER with a WEBSITE to assist him/her in his/her real estate project.
It is expressly agreed that the INFORMATION is non-contractual and may contain technical or typographical inaccuracies. The INFORMATION is subject to change without notice.
AI PARTNERS does not guarantee the accuracy, completeness, absence of errors, veracity, current nature, fair and marketable quality, accuracy, relevance, non-infringement and availability of the INFORMATION, nor that it can fully meet the USER's expectations. The INFORMATION is provided for information purposes only and AI PARTNERS cannot be held responsible for it.
Consequently, the COMPANY shall not be at fault for any damage that may arise from it such as, without this list being exhaustive, losses arising from transactions carried out on the basis of the INFORMATION, loss of profit, loss of business, losses arising from an interruption in service, the increase in the costs of accessing and processing information and more generally from any use of the SITE and/or its content, that the USER makes of it.
The COMPANY also accepts no responsibility for the reliability and/or suitability of the INFORMATION provided by the real estate partners on the SITE - the information being put online and distributed under their sole responsibility.
The COMPANY does not guarantee the conclusion of a contractual relationship between the RECIPIENT and the PARTNERS. The COMPANY shall not be liable for any damages arising from any relationship established between the USER and an author of an advertisement or any other partner providing content on the SITE.
The COMPANY shall not be held responsible, with respect to the USER or any third party, for any modification, suspension, interruption of the SITE, or alterations in access to the SITE, for any reason whatsoever.
AI PARTNERS reserves the right to suspend, delay, modify or cancel the execution of its obligations in the event of the occurrence of events or circumstances of force majeure or fortuitous events or circumstances contractually assimilated to force majeure or fortuitous events even if they do not meet the legal definition such as fire, work stoppage independent of and outside the control of the company or any of its suppliers or subcontractors, flood, epidemic, pandemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, theft of all or part of the material, interruption or delay in transport, transport damage, lack of raw materials, accident to equipment, lack of fuel or any other source of energy, as well as in the event of the occurrence of any circumstance or event outside the control of AI PARTNERS occurring after the conclusion of the CONDITIONS and preventing their execution under normal conditions. It is specified that, in such a situation, the USER may not claim the payment of any indemnity and may not bring any action against AI PARTNERS. In the event of the occurrence of one of the above-mentioned events, AI PARTNERS shall endeavour to inform the USER as soon as possible.
10. DISCLAIMER OF LIABILITY
The USER's use of the SITE is at its sole risk. The SITE is provided "as is" and "as available". The SITE is provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-performance.
The COMPANY, its subsidiaries, affiliates and licensors do not warrant that
a) the SITE will operate uninterrupted, secure and available at any time or location
b) any errors or defects will be corrected;
c) the SITE is free of viruses or other harmful components; or
d) the results of using the SITE will meet the USER's requirements.
11. APPLICABLE LAW
These TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of France, without regard to the conflict of laws provisions of that country.
The failure of the COMPANY to enforce any right or provision of these CONDITIONS shall not be deemed a waiver of its rights.
If any provision of these CONDITIONS is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these CONDITIONS shall remain in effect.
12. CHANGES TO THE TERMS AND CONDITIONS
The COMPANY reserves the right to modify or replace these CONDITIONS at any time. The applicable terms and conditions shall be those in effect and available on the Company's website at the time the USER accesses the SITE.
13. AVAILABILITY OF THE SERVICE
AI PARTNERS undertakes to do everything possible to ensure continuity of access and use of the SITE, 7 days a week and 24 hours a day.
However, AI PARTNERS draws the attention of USERS to the fact that current communication protocols via the Internet do not allow for certainty and continuity in the transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
The COMPANY makes every effort to ensure that the SITE is available without interruption, irrespective of the maintenance of the SITE and/or the servers.
The COMPANY reserves the right to modify, interrupt, at any time, temporarily or permanently, all or part of the SITE without prior notice to the USER and without entitlement to compensation.
14. INFORMATION ABOUT COOKIES
At no time do these cookies allow the COMPANY to identify the USER personally. However, the WEBSITE informs the USER that he/she can oppose the recording of these cookies, in particular by configuring his/her Internet browser.
The SITE is the property of the company AI PARTNERS SA whose registered office is 86A avenue Louis-Casaï, CHF-1216 Cointrin.
Company name: AI PARTNERS SA
Share capital : CHF 100’000
Company form: limited companyI
IDE : CHE-373.280.297
Legal representative: Joan Rodriguez
If the USER has any questions about these CONDITIONS, he/she should contact the COMPANY by letter at the above address or by email at firstname.lastname@example.org.