General Conditions of Use

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General Conditions of Use

1. Membership
2. Prices and invoices
3. Casanuts's role
4. Ads and rentals
5. Personal data
6. Site access and damage
7. Rules about profiles
8. Infractions
9. Limited warranty
10. Limited responsibility
11. Compensation
12. Legal conformity
13. Relations between the parties
14. Notices
15. Applicable law and disputes
16. Various

1. Membership

Subscribing to casanuts results in an account being created. Subscription as a owner member is limited to those who are legally competent to sign contracts under French law.

A casanuts member may not transfer or sell their membership (including their profile and evaluations) to a third party under any circumstances. Furthermore, a member is not authorised to use the casanuts services when their account has been temporarily suspended or permanently terminated.

2. Prices and invoices

There is no charge for searching for a rental and subscribing as a renter member - it's free. Subscribing as a owner member requires payment of an annual subscription.

We reserve the right to change our prices. In the event that prices are reduced, the new prices will apply as soon as they are published on the website. If the change is temporary (such as a promotional offer), the duration of the offer will be displayed on the website. In the event that prices are increased, the changes will become effective 30 days after they are published on the website. In the event that a new service is launched, the prices for this service will be effective as soon as the service becomes available.

Unless otherwise indicated, all prices are shown in euros (EUR).

Acceptance of these General Conditions of Use implies that members agree to receiving casanuts invoices only in a computerised format.

3. Casanuts's role

Casanuts is a relationship management platform that lets private individuals make contact to arrange short term lets (from a few days to a few months) of a house, apartment, gîte or bed & breakfast room. The site hosts the ad content published by the owners (texts, photos, etc.). In contrast to an estate agent, we do not get involved in the transaction between owners and the renters. As a result, we have no control over the quality, safety or decency of the properties, the truthfulness or accuracy of the ads on the site, the owners’ rights to rent out said property or the renters’ ability to pay the rental price. We can not guarantee that either the owner or the renter concludes a transaction.

As it is difficult to check the users of the site, we are not able to confirm the identity of each member. We have therefore installed an evaluation system to allow you to evaluate the person with whom you have dealt once the transaction has been completed. Renters and/or owners have the possibility of publishing their comments on the members with whom they have had dealings. We also encourage direct communication between owners and potential renters.

As we do not intervene directly in transactions between owners and renters, members accept that we are not responsible in the event of any dispute or any sort of claim between one or more members and for all present or future, actual or potential damages, resulting directly or indirectly from these claims.

We do not check the information provided by other members that is published on our site. A member's true identity and profile may be different to that published on the website. We recommend that you are prudent and use your common sense when you use the website and take all necessary precautions.

4. Ads and rentals

The ads describe properties available for rent. They contain only the text and images that the owner has provided (or a link from the casanuts site to the owner's website).

Owners are free to select the renters with whom they wish to conclude a rental agreement.

Without prejudicing other means of action, we can suspend or close the account of a owner if it becomes apparent (following a conviction, transaction, police or insurance company enquiry or sequestration by a third party) that they are involved in fraudulent activities through the website.

5. Personal data

The term 'personal data' shall mean all information that you provide to us when subscribing to the site, in your ads, in any electronic message or in a message to a public forum. You are solely responsible for your personal data and casanuts has only a passive intermediate role when publishing them on line.

Your personal data along with any ads that you create:

a. must not be false, inaccurate or dishonest;
b. must not be fraudulent;
c. must not infringe copyright, patents, trademarks, manufacturing secrecy or any other intellectual property rights, a confidentiality agreement or a third party's privacy;
d. must not be contrary to any law or regulation (including, but not limited to, those related to misleading advertising);
e. must not be defamatory, ill speaking or slanderous;
f. must not be discriminatory or incite racial, religious or ethnic hatred or violence;
g. must not contain obscene or paedophilic material;
h. must not contain any virus, Trojan horse, worms, time bombs, cancel bots or any other computer programme intended to damage or secretly intercept any computer system, data or personal data;
i. must not make us liable nor cause us to lose part or all of the services from our suppliers, especially our internet service providers;
j. must not offer goods or services and contain direct hypertext links to any property or services:

i. that are banned under these General Conditions of Use;
ii. that are also contained on a site other than ours;
iii. that you do not have the right to rent our or to which you do not have the right to refer to with a hypertext link.

Furthermore, you do not have the right to list any property on the site (nor conclude a transaction by using our services) that would mean that we were breaking any law or regulation of any sort whatsoever.

In order that we may use the information and other items (texts, photos, etc.) that you send us without infringing your rights to these elements, you concede a non-exclusive transferable licence to us free of charge without a fixed term or territory and with the right to sub-licence, use, exploit and divulge said information via any current or future media providing we respect our regulations on confidentiality and respect of privacy. This license will remain in effect throughout the period for which your personal information is legally protected.

6. Site access and damage

You agree not to use software or manual procedures to copy web pages, to record or to collect information from the pages of our website without our specific prior written authorisation. You agree not to use any sort of method or software to disrupt or attempt to disrupt the good operation of our website. You agree not to engage in any action that will result in a disproportionate loading of our infrastructure. Most of the data on the site are updated in real time and are given to us under license from our members. You agree not to copy, reproduce, alter, change, create derived works or publicly divulge all or part of the content of our site without the prior written consent of the third party involved.

7. Your profile

You agree that your profile will contain comments posted to our site by other members as well as the overall score that this produces. You agree that this profile is an essential part of how the site operates. The score on its own without the comments from other members only provides part of your profile. This score is only used to make exchanges between members easier and you agree not to communicate it elsewhere.

We do not provide the technical means to allow profiles to be imported from other websites onto ours because without the corresponding profiles the resulting scores do not represent a true indication of members within our network.

8. Infractions

Without prejudicing other means of action, we reserve the right to send you a warning, to temporarily or permanently suspend your membership and to end it and stop providing you with our services in the following circumstances:

a. if you infringe some or all of these General Conditions of Use or the documents that it refers to as being part of it;
b. if we are unable to confirm or check the information that you have provided and you do not reply to our requests for confirmation;
c. if we think that your behaviour is likely to make you, us or our members liable.

9. Limited warranty

Casanuts and its suppliers offer the site and associated services in the condition in which they are. Consequently, we exclude, within the legally permitted limits, all warranties including those against fakes. If you are a consumer, your legal rights remain unaffected.

10. Limited responsibility

If you are a consumer, your legal rights remain unaffected.

Without prejudice to the conditions in the previous section, casanuts and its suppliers can not be held responsible for any loss or change of data, or loss of profits, income, opportunities, time or any indirect damages whether said damages or loss are due to negligence or any other cause.

Without prejudice to the conditions in the previous section, the liability of casanuts and its suppliers can under no circumstances be greater than: the amount of your annual subscription.

11. Compensation

You agree to defend and hold casanuts harmless (including reasonable legal fees) from all third party requests or claims caused by or resulting from an infringement by you of these General Conditions of Use or the documents that it refers to as being part of it, or a violation by you of any law or third party rights.

12. Legal conformity

You agree to respect current laws, regulations and standards of any sort related to using our services and renting property.

Furthermore, you specifically recognise and accept that your use of our services may lead to you being considered as a 'merchant' under article L121-1 of the Code de Commerce (French commercial law). If you are a merchant, you are subject to certain specific obligations such as registering with the company registry, account keeping in accordance with applicable rules, paying VAT and other applicable duties and taxes and are subject to the conditions of the law of January 25th 1985 in the event that you become insolvable. Additionally, as merchant and more generally, if you use the site for business purposes, you must respect the regulations concerning invoices and sales by correspondence and all the applicable consumer laws and the rights contained therein. We recommend that you take professional legal advice for further information on this subject.

13. Relations between the parties

Casanuts as the first part and you as the second part are independent parties and each acts in its own name and on behalf of itself.

These General Conditions of Use do not create any subordination, link, mandate, joint company, common company, employer-employee or franchiser-franchisee relationship between casanuts and you.

14. Notices

Unless specifically stated otherwise, any notice sent to casanuts must be sent by post to:
Société casanuts
28 rue des petites écuries
75010 Paris
France

Any notice that has to be provided to you will be sent by e-mail to the address that you provided when subscribing to casanuts.

Notices are deemed to have been received 24 hours after an e-mail is sent unless the sender receives a notification that the e-mail address is not valid.

Notices can also be sent by registered letter with reception receipt at the address that you provided when subscribing to casanuts. The aforementioned 24 hours is extended to 3 days for notices sent by the postal system.

15. Applicable law and disputes

These General Conditions of Use are governed by French law. Only French courts are competent to judge any dispute that may arise between the parties related to the execution of these General Conditions of Use.

16. Divers conditions

We can not guarantee that our services will not be interrupted, be free of all errors or reliable.
We reserve the right to limit the activity of renters and owners on the site for a period or permanently based on variable criteria and thresholds.
We can not be held responsible for any failure to satisfy our obligations in respect of these General Conditions of Use which is due to event beyond our control and/or resulting from a case of force majeure. Force majeure includes, in addition to causes recognised by jurisprudence, all natural disasters, all acts of war, public order breakdown, epidemics, fires, floods and other disasters, all government actions, all strikes, lock-outs as well as all electrical or technical problems external to the parties that prevent communications.
In the event that one or more conditions in these General Conditions of Use are judged to be illegal, unenforceable or inapplicable by a decision of the courts, the other conditions herein remain in force provided the overall financial conditions of the contract have not changed significantly.
You agree that the rights and obligations contained in these General Conditions of Use or the documents that it refers to as being part of it can be freely ceded by casanuts to a third party in the event of a merger or acquisition.
The headings to the articles in these General Conditions of Use are purely for reference purposes and do not necessarily determine the content of the sections to which they refer.
Should we decide not to respond to a breach of these General Conditions of Use by a member or third party, this does not in any way change our rights and actions in the event of a similar and/or subsequent breach.
Do not consider a right has been acquired nor that you can do the same as another member does.
The current laws in your country are different to those in other countries in many respects, especially in respect of properties that can legally be rented or offered for rent. We can not monitor the laws in every country and even if we could, we could not check the use made of our website by other members.
Casanuts neither approves nor validates the transactions made on our website and you accept sole responsibility as to the legality of your actions in respect of the laws that apply to you.
We accept no responsibility for any property rented through the website that is dangerous or defective, that could put your health at risk or result in physical injury. Do not conclude that every item that is available for rent is free of dangers for people.
These General Conditions of Use are the whole agreement between the parties.

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