Terms & Conditions
Subject
The purpose of these general conditions is to define the terms and conditions of use and sale of the services offered on the website (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are notably accessible and printable at any time via a direct link at the bottom of the homepage of the website.
They may be supplemented, if necessary, by specific terms of use for certain Services. In case of contradiction, the specific conditions prevail over these general conditions.
Définition
Tenant(s): refers to any individual in search of accommodation who has a Livinfrance account.
Profile Space: refers to the virtual space allocated to users. This space is accessible by entering credentials on the Platform.
Personal Data: refers to personal data that allows the identification or render identifiable any individual, which Livinfrance collects, transmits, or processes.
Intellectual Property Rights: refers to the set of literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design, and patent) provided for in the Intellectual Property Code and international treaties.
Reservation: refers to any booking of accommodation subject to a rental offer on the Platform, made by the Tenant via the Platform with a Professional.
Accommodation Certificate: refers to the document prior to the reservation intended for the consulate for a visa application.
Reservation Fees: refers to the fees paid by the Tenant to Livinfrance when reserving and paying for accommodation via the Platform, the amount of which is specified during the reservation independently of the amount of the first month's rent related to the Reservation.
Platform(s): refers to the platforms published by EDEN INITIATIVE as well as all content created, including: the graphic charter, frames, banners, flash and video animations, source code, HTML code, and programming.
Livinfrance Guarantee: refers to the unpaid rent guarantee, created by EDEN INITIATIVE, which is inseparable from a housing reservation.
Operator of Services
The Services are operated by the company EDEN INITIATIVE, a simplified joint-stock company with a share capital of 4,200 euros, registered with the Lille Trade and Companies Register under number 812 904 928, with its registered office located at 165 Avenue de Bretagne, Euratechnologies, 59000 Lille (hereinafter: "Eden Initiative").
Eden Initiative can be contacted at the following address:
Postal Address: 165 Avenue de Bretagne, Euratechnologies, 59000 Lille
Email Address: hello@livin-france.com
Access to the Website and Services
The Services are accessible, subject to the restrictions provided on the website:
to any natural person with full legal capacity to enter into agreements under these general conditions. A natural person who does not have full legal capacity can only access the site and Services with the consent of their legal representative; to any legal entity acting through a natural person with the legal capacity to contract on behalf and for the account of the legal entity.
Acceptance of the Conditions
The acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete.
Any conditional acceptance is considered null and void. The user who does not accept to be bound by these general conditions must not use the Services.
By using the Platform, the Tenant declares to accept unreservedly these T&C and GTC to which they must adhere to register. The Tenant declares and acknowledges, consequently, having read and understood the provisions of these T&C and GTC.
At any time, if the Tenant disagrees with any clause of the T&C and GTC, they can immediately terminate the use of the Platform and associated services by deleting their Space.
These T&C and GTC are available at any time by clicking on a direct link located at the bottom of each page of the Platform.
The T&C and GTC apply to Reservations made:
on the Platform accessible from the "My Account" space; on any platform of a partner institution (university, school, etc.) of Livinfrance having its own platform, without prejudice to the contractual conditions applied by this partner.
Entry into Force - Duration
These T&C and GTC are applicable for the entire duration of browsing and accessing the Platform and for the entire duration of using the Platform. The Tenant is free to close their account at any time and is not bound by any duration commitment towards Eden Initiative.
Eden Initiative reserves the right to modify these T&C and GTC at any time by indicating their update date in the header.
Any modification will take effect upon acceptance. The Tenant agrees to be notified of the updated T&C and GTC by their publication on the Platform or any other form of notification.
The update of the T&C and GTC resulting in modifications to the duration, characteristics, or price of the services provided on the Platform will be notified to the Tenant and subject to their acceptance. In case of refusal of the updated T&C and GTC, the Tenant may terminate their account free of charge, which will result in the delisting of their profile on the Platform.
In other cases, by continuing to use the Platform or accessing it after the effective date of the updated T&C and GTC, the Tenant declares to have taken note of the updates and accepts all the modifications made therein. The last accepted version of the T&C and GTC available online on the Platform will prevail, if applicable, over any other version of these T&C and GTC.
Registration on the Website
The use of the Services requires that the User registers on the site by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically opens an account in the name of the User (hereinafter: the "Account"), giving them access to a personal space (hereinafter: the "Personal Space") that allows them to manage their use of the Services in a form and according to the technical means that EDEN INITIATIVE deems most appropriate to provide said Services.
The User guarantees that all the information provided in the registration form is accurate, up-to-date, and sincere and is not misleading.
They undertake to update this information in their Personal Space in case of any changes, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the User is binding on them upon validation.
The User can access their Personal Space at any time after identifying themselves using their login ID and password.
The User undertakes to personally use the Services and not to allow any third party to use them on their behalf or for their account, except to bear full responsibility.
They are similarly responsible for maintaining the confidentiality of their ID and password. They must immediately contact Eden Initiative at the coordinates mentioned in Article 2 herein if they notice that their Account has been used without their knowledge. They acknowledge Eden Initiative's right to take appropriate measures in such cases.
Compliance with Platform Usage
Livinfrance is a platform dedicated to assisting foreign students in settling in France, offering a housing reservation service. According to our T&C and GTC, reservations must be made exclusively through the platform.
The following unacceptable behaviors are as follows:
→ Fraud, extortion The platform is exclusively intended to facilitate online accommodation reservations. Any request for reservation or payment outside the platform may result in legal action.
→ Discrimination No discrimination is tolerated within the Eden Initiative community, whether based on ethnicity or race, religion, beliefs, age, disability, sexual orientation, etc.
→ Disrespect Interactions between tenants and landlords must be conducted with respect. Any form of violence, such as insults, is prohibited. Our members are welcoming and trustworthy.
According to its operating rules:
→ Response within 48 hours
Tenants must respond to landlords and professionals within 48 hours of a search or online reservation. Failure to respond may result in the closure of the conversation.
→ Online reservation Online reservation is mandatory. It allows Eden Initiative to remunerate the service rendered and is essential to benefit from moderated listings, verified profiles, the Eden Initiative Guarantee, and customer support. Any attempt to circumvent this rule may result in legal action.
→ Truthfulness of information provided on the platform Eden Initiative is a community of trust. Tenants must provide truthful information on the platform (profile, rental application). Any reservation request or contact with a landlord via the platform must result in a finalized reservation exclusively through the platform.
Due to the reservation service offered, it is strictly prohibited to enter into any agreement with a landlord outside of the platform. This obligation is essential and ethical in relation to the service provided by Eden Initiative.
Eden Initiative may automatically block the ability to share email addresses and phone numbers in communication tools to prevent reservations outside of the platform. The tenant expressly agrees that messaging tools may automatically detect certain keywords and that correspondences are not considered private. Eden Initiative reserves the right to access them to verify compliance with the service.
In the event of a breach of these rules and detection of a risk of fraud or reservation outside of the platform, Eden Initiative may, depending on the severity and repetition of the violation, warn the user, reduce the visibility of the tenant's profile, or suspend their access to the platform.
In the event of a violation of this rule, Eden Initiative reserves the right to charge a penalty equivalent to the prevailing reservation fees at the time of the violation. The tenant expressly accepts this penalty as a flat-rate and anticipated assessment of damages. The tenant agrees to pay the amount of the penalty upon presentation of the corresponding invoice.
If the invoice is not paid within 10 days of its issuance, Eden Initiative will suspend the tenant's account and initiate a recovery procedure, through its legal counsel, against the tenant.
Description of Services
Livinfrance offers on its platform a range of services to simplify settling in France. The list is not exhaustive: bank account, telephony, visa, accommodation, administrative assistance, etc.
Free Services
Services related to browsing the website are provided free of charge. This includes, among others, the following services: VISA, CAF (Family Allowance Fund), home insurance, transportation, travel insurance, liability insurance, CVEC (Contribution Vie Étudiante et de Campus), banking, electricity, health insurance, supplementary health insurance, and SIM card.
Depending on the services, EDEN INITIATIVE provides free partners.
Livinfrance offers, depending on the selected service, either an explanation of each partner or a redirection link. Once on the partner's website, Livinfrance's responsibility will no longer be engaged.
The objective of these free services is to provide foreign students wishing to come to France with a selection of partners and information on the mandatory procedures to be carried out.
Paid Services
Eden Initiative offers housing reservation offers in France as well as housing attestations.
Price
The price of the Services is indicated on the website and through quotes.
Unless otherwise stated, they are expressed in euros and all French taxes included.
Eden Initiative reserves the right, at its sole discretion and in the manner it deems appropriate, to offer promotional offers or price reductions.
Price Revision
The price of the Services may be revised by Eden Initiative at any time, at its sole discretion.
Users will be informed of these changes by Eden Initiative by email with a notice period of at least 30 days before the new rates come into effect.
Users who do not accept the new prices must terminate their use of the Services according to the terms provided in Article 18. Otherwise, they will be deemed to have accepted the new rates.
Invoicing
The Services are invoiced and communicated to the User by any useful means.
Payment Terms
The payment terms of the price of the Services are described on the website as well as in the contract between Eden Initiative and the Client.
Payment is made by automatic debit from the User's credit card number or by bank transfer.
The debit is carried out by the payment service provider designated on the site (Stripe), which alone retains the User's banking details for this purpose. Eden Initiative does not retain any banking details.
The user warrants to Eden Initiative that they have the necessary authorizations to use the chosen payment method. They undertake to take the necessary measures so that the automatic debit of the price of the Services can be carried out.
The use of online payment features via Stripe constitutes unconditional acceptance of Stripe's general terms and conditions of sale. Therefore, Eden Initiative invites Tenants to familiarize themselves with their terms and conditions of sale accessible at www.stripe.com/fr/legal. It is the Tenants' responsibility to verify the adequacy of the services to their needs.
Transactions made through them are secured using SSL encryption to strengthen all scrambling and encryption processes by optimizing the protection of all Personal Data related to this payment method.
Banking information is directly communicated to the secure payment provider. Eden Initiative never has access to confidential information related to Tenants' payment methods.
Livinfrance also offers its users the PayPal payment method. The user must have a PayPal account to use it and, consequently, directly accepts PayPal's terms and conditions for the use of this payment method.
Housing Attestation (Paid Service)
The housing attestation service aims to assist any student in compiling their visa dossier to be presented to the consular organization or any embassy as part of a student visa application for France. Livinfrance offers its users a paid housing attestation service. The service works as follows:
We reserve an option on behalf of the student for one of our accommodations to generate a pre-booking attestation. Upon acceptance of the visa application by the embassy, we assist the user in confirming the previously reserved option or in confirming another accommodation if the previous one is not suitable, subject to availability.
Conditions and Application
The attestation includes an address of accommodation and its rent excluding charges (the rent indicated in the attestation is expressed excluding charges).
Availability of Accommodations: This attestation is based on the real availability of the housing reservation platform but does not guarantee the systematic obtaining of accommodation in the desired city.
Modification of the Attestation: If the user wishes, Livinfrance may modify the information of the attestation for a fee of 30 euros for each modification. (EXCLUDING MODIFICATION OF NAME AND FIRST NAME)
Change of Accommodation: The accommodation indicated in the attestation may be changed at the student's request for their final reservation.
Price of the Attestation: The housing attestation is sold at a price of 129 euros. These 129 euros will be deducted from the reservation fees on Livinfrance in the form of a discount code.
Free Reservation: The user can reserve any available accommodation on the platform.
Final Reservation: To obtain the final accommodation, the user must make a reservation on the Livinfrance website using the provided promo code.
Inability to Reserve Housing: If Livinfrance can no longer offer accommodation corresponding to the budget (namely a maximum of 20% below or above the initial charged rent), and the housing attestation is still valid, Livinfrance will immediately refund the user.
Refund in Case of Visa Refusal: Eden Initiative undertakes to refund the amount paid by the user in case of visa refusal only if the reason for refusal is reason number 5 only: "The information provided to justify the conditions of stay is incomplete and/or unreliable." Eden Initiative therefore undertakes to refund the purchase of the attestation if the visa refusal is related to the housing.
Application Deadline
The document is valid for 1 month. After this period, the attestation will expire and will not entitle to any discount on the reservation of accommodation.
Housing Reservation (Paid Service)
Eden Initiative is primarily an online housing reservation platform that allows Tenants to reserve accommodation in France quickly and easily through the features available on the Platform.
The Platform allows:
Access to a search engine among the listings, according to criteria such as date, type of accommodation, budget, and location sought in France. Secure payment of reservation fees to make the Reservation. By using the Platform, the Tenant declares unconditional acceptance of these Terms of Use (CGU) and General Conditions of Sale (CGV) to which they must adhere to register. The Tenant declares and acknowledges, accordingly, having read and understood the provisions of these CGU and CGV. At any time, if the Tenant disagrees with any of the clauses of the CGU and CGV, they can immediately terminate the use of the Platform and associated services by deleting their Account.
These CGU and CGV apply to Reservations made:
On the Platform accessible from the URL link http://livin-france.com/accommodation/listOn any Platform of a partner establishment (university, school, etc.) of Eden Initiative with its own Platform, without prejudice to the contractual conditions applied by this partner. The list of partner establishments is available in the FAQ for Tenants.
Conditions and Application
Livinfrance reservation fees allow for offering housing without physical guarantees, ensuring the operation of the platform, and providing assistance in case of problems. These fees vary depending on the sector and the lessor.
Reservation Request: To make a housing reservation request, payment of the fees is mandatory. Livinfrance undertakes to respond to the reservation request within a maximum of 14 days.
Presentation of the File: Livinfrance takes care of presenting the file to the owner and negotiating entry conditions if necessary.
Finalization of the Reservation: Once the reservation is accepted, the tenant must finalize their reservation directly with the lessor. Livinfrance will provide information to assist the tenant, but its responsibility (Eden Initiative) will not be engaged if the tenant does not fulfill their obligations to the lessor, such as paying the rent, the security deposit, and other fees. The lessor has the right to cancel the reservation if the tenant does not meet their commitments.
Cancellation and Fees: In case of cancellation due to the tenant's non-compliance with obligations, Livinfrance reservation fees will remain due. Once accepted on the Livinfrance platform, the reservation cannot be canceled. Before the reservation is accepted, the user can cancel their request without any fees, immediately and without notice.
Refund
Before Livinfrance accepts their reservation, the user can cancel their request without any fees.
However, the acceptance of any reservation results in the final and definitive capture of the payment. The reservation will therefore no longer be refundable.
The customer will then have 72 business hours to confirm the prerequisites of their reservation with the lessor.
If the prerequisites are not met by the user within the specified time, the lessor may cancel the reservation, and it will not be refunded. In this case, Livinfrance will not refund its fees.
Scope of Action and Reservation Follow-up Eden Initiative's scope of action is limited to housing reservation. Once the reservation is accepted, the user has access to certain information about the procedure in their My Account area. However, this information is provided for informational purposes only.
It is the tenant's responsibility to comply with the requests made by their lessor. Livinfrance emphasizes that the user must monitor their emails once the reservation is accepted to respond to future requests from the lessor.
If there are any questions, Livinfrance remains available until the tenant's departure. However, no obligation is incurred by Livinfrance after the reservation has been accepted.
Livinfrance Rental Guarantee
This is a guarantee offered to landlords who make their accommodation available on the Livinfrance platform. This guarantee allows the landlord to be compensated in case of non-payment by a tenant placed by Livinfrance.
Reservation Fee: The guarantee is inseparable from the reservation fee for the tenant at the time of payment.
Coverage: This guarantee covers the rent and rental charges of the tenant for the entire duration of their lease.
Recovery: In case of non-payment, Eden Initiative is entitled to proceed with the recovery of the amounts due by the tenant. A subrogation receipt will then be issued, making Eden Initiative legally responsible and the holder of the tenant's debt.
File and Recovery Fees: Eden Initiative may apply file and recovery fees based on the duration and amount of the covered arrears, limited to 25% of the total arrears.
See the general terms and conditions of the Livinfrance guarantee at the following link: https://help.livin-france.com/fr/recouvrement
Data
The User expressly acknowledges and accepts:
That the data collected on the website and on the computer equipment of Eden Initiative constitute evidence of the reality of the operations carried out within the framework of these terms; That this data constitutes the only mode of proof accepted between the parties, especially for the calculation of sums due to Eden Initiative.
The User can access this data in their Personal Space.
User Obligations
Without prejudice to other obligations provided herein, the User undertakes to comply with the following obligations:
The User undertakes, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
They are solely responsible for the proper completion of all formalities, particularly administrative, fiscal, and/or social, and for all payments of contributions, taxes, or any other kind of tax that may be required in connection with their use of the Services, if applicable. Eden Initiative's liability cannot be incurred in this respect.
The User acknowledges having read on the website the characteristics and constraints, including technical ones, of all the Services. They are solely responsible for their use of the Services. The User is informed and accepts that the implementation of the Services requires them to be connected to the internet, and the quality of the Services depends directly on this connection, for which they are solely responsible.
The User is also solely responsible for the relationships they may establish with other Users and the information they communicate to them within the scope of the Services. It is their responsibility to exercise appropriate caution and discernment in these relationships and communications. Furthermore, the User undertakes, in their exchanges with other Users, to respect the usual rules of politeness and courtesy.
The User undertakes to strictly use the Services for personal purposes only. Consequently, they are prohibited from assigning, granting, or transferring all or part of their rights or obligations under these terms to a third party in any way.
The User undertakes to provide Eden Initiative with all necessary information for the proper execution of the Services. More generally, the User undertakes to actively cooperate with Eden Initiative for the proper execution of these terms.
The User is solely responsible for the content of any kind (editorial, graphic, audiovisual, or other, including the name and/or image chosen by the User to identify themselves on the website) that they disseminate within the scope of the Services (hereinafter referred to as the "Content").
They guarantee to Eden Initiative that they have all the rights and authorizations necessary for the dissemination of this Content.
They undertake to ensure that said Content is lawful, does not infringe public order, morality, or the rights of third parties, does not violate any legislative or regulatory provisions, and, more generally, is not in any way likely to engage the civil or criminal liability of Eden Initiative.
The User thus refrains from disseminating, in particular and without this list being exhaustive:
Pornographic, obscene, indecent, shocking, or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist Content,
Counterfeit Content,
Content that is detrimental to the image of a third party,
Misleading, deceptive, or promoting illegal, fraudulent, or deceptive activities,
Content harmful to the computer systems of third parties (such as viruses, worms, Trojans, etc.),
And more generally, Content that may infringe the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.
The User acknowledges that the Services offer them an additional but non-alternative solution to the means they already use elsewhere to achieve the same objective, and that this solution cannot replace those other means.
The User must take the necessary measures to save by their own means the information from their Personal Space that they consider necessary, as no copy will be provided to them.
The User is informed and accepts that the implementation of the Services requires them to be connected to the internet, and the quality of the Services depends directly on this connection, for which they are solely responsible.
Responsibility
Tenants are solely responsible for their use of the platform and the direct or indirect consequences thereof.
It is the responsibility of the tenant or user to ensure that the landlord does not request, as part of the rental application, any elements contrary to any regulations in this regard, particularly as provided for by Decree No. 2015-1437 of November 5, 2015, setting the list of supporting documents that may be requested from the rental applicant and the person potentially acting as guarantor. The tenant is always free not to transmit, via the platform, any elements requested by a landlord, and to report to Eden Initiative any request from a landlord that he or she deems abusive.
Eden Initiative cannot be held responsible for the choices made by the tenant regarding a property or landlord. In providing the platform, Eden Initiative does not undertake to verify the reality of the content of the ads on the platform with landlords, does not make any commitments regarding visits, entry and exit inspections, or the conclusion of a lease agreement in accordance with the regulations. It is up to the tenant to ensure that the rental offer being requested corresponds to their needs and to verify that the proposed lease agreement complies with the regulations.
In any case, the tenant is duly informed that: The Livinfrance Guarantee does not constitute insurance for the tenant within the meaning of Article 4 of Law No. 89-462.
User Guarantee
The User indemnifies Eden Initiative against any complaints, claims, actions, and/or demands whatsoever that Eden Initiative may suffer as a result of the User's violation of any of its obligations or warranties under these terms and conditions.
The User undertakes to indemnify Eden Initiative for any damage it may suffer and to pay all costs, charges, and/or convictions that it may have to bear as a result.
Prohibited Behaviors
It is strictly prohibited to use the Services for the following purposes:
Engaging in illegal or fraudulent activities, or activities that infringe upon the rights or safety of others.Disrupting public order or violating applicable laws and regulations.Intruding into the computer system of a third party or engaging in any activity aimed at harming, controlling, interfering with, or intercepting all or part of the computer system of a third party, violating its integrity, or compromising its security.Sending unsolicited emails and/or engaging in commercial prospecting or solicitation.Manipulating to improve the ranking of a third-party website.Assisting or inciting, in any form or manner whatsoever, one or more of the acts and activities described above.Generally, any practice that diverts the Services for purposes other than those for which they were intended.
Users are strictly prohibited from copying and/or diverting, for their own purposes or those of third parties, the concept, technologies, or any other element of the Eden Initiative website.
The following are also strictly prohibited: (i) any behaviors that interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of Eden Initiative, (iii) any misappropriation of the site's system resources, (iv) any actions that impose an unreasonable burden on the infrastructure of the site, (v) any breaches of security and authentication measures, (vi) any acts that infringe upon the financial, commercial, or moral rights and interests of Eden Initiative or its site users, and finally, more generally, (vii) any violation of these general terms and conditions.
Penalties for Violations
In the event of a breach of any provision of these general terms and conditions or, more generally, of a violation of applicable laws and regulations by a User, Eden Initiative reserves the right to take any appropriate measure, including:
Suspending or terminating access to the Services of the User responsible for the breach or violation, or who participated in it.Removing any content posted on the site.Publishing on the site any informational message that Eden Initiative deems useful.Notifying any relevant authority.Taking any legal action.
Responsibility and Guarantee of Eden Initiative
Eden Initiative undertakes to provide the Services diligently and in accordance with the rules of the art, with the understanding that it is subject to an obligation of means, to the exclusion of any obligation of results, which Users expressly acknowledge and accept.
Eden Initiative does not have knowledge of the Content posted by Users within the Services, over which it does not carry out any moderation, selection, verification, or control of any kind, and concerning which it only intervenes as a hosting provider. Consequently, Eden Initiative cannot be held responsible for the Content, the authors of which are third parties, and any potential claim should first be directed towards the author of the respective Content.
Content harmful to a third party may be subject to notification to Eden Initiative in accordance with the terms provided by Article 6 I 5 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, with Eden Initiative reserving the right to take the measures described in Article 12.
Eden Initiative declines any responsibility in case of possible loss of information accessible in the User's Personal Space, as the User must save a copy thereof and cannot claim any compensation for this reason.
Eden Initiative undertakes to regularly conduct checks to verify the operation and accessibility of the site. In this regard, Eden Initiative reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Eden Initiative cannot be held responsible for temporary difficulties or impossibilities of access to the site originating from circumstances beyond its control, force majeure, or disruptions in telecommunication networks.
Eden Initiative does not guarantee to Users (i) that the Services, subject to constant research for improvement, notably in terms of performance and progress, will be completely free from errors, defects, or faults, (ii) that the Services, being standard and not offered solely for the purpose of a specific User according to their personal constraints, will specifically meet their needs and expectations.
In any case, the liability that may be incurred by Eden Initiative under these terms is expressly limited to the proven direct damages suffered by the User.
Intellectual Property
The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Eden Initiative within the site are protected by all intellectual property rights or rights of the producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the authorization of Eden Initiative are strictly prohibited and may be subject to legal proceedings.
Personal Data
Eden Initiative implements a policy for the protection of personal data, the characteristics of which are explained in the document entitled "Privacy Policy," which the User is expressly invited to read on the site.
Advertising
Eden Initiative reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions that Eden Initiative alone shall determine.
Links and Third-Party Websites
Eden Initiative cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User may have access through the site.
Eden Initiative assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are subject to their own terms of use.
Eden Initiative is also not responsible for transactions between the User and any landlord, professional, or merchant (including its possible partners) to whom the User may be directed through the site and shall in no event be a party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, warranties, representations, and any other obligations to which these third parties are subject.
Duration of Services, Unsubscription
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time by sending a request to Eden Initiative via email, using the contact details mentioned in Article 2.
Unsubscription takes effect immediately and leads to the automatic deletion of the User's Account.
Force Majeure
Any event beyond the control of Eden Initiative and against which Eden Initiative could not reasonably guard constitutes a force majeure event and thereby suspends the parties' obligations. Examples include, but are not limited to: a strike or technical outage (EDF, ERDF, telecommunications operators, internet service providers or hosts, Registrars, etc.), a cessation of energy supply (such as electricity), a failure of the electronic communication network on which Eden Initiative depends, and/or the networks that would substitute for it.
Eden Initiative cannot be held liable, or considered to have failed in its obligations under these T&Cs, for any non-performance related to a force majeure event as defined by French law and jurisprudence, provided that it notifies the other party, and makes every effort to minimize the harm and fulfill its obligations as soon as possible after the cessation of the force majeure event.
Unless otherwise provided in these T&Cs, correspondence exchanged between Tenants and Eden Initiative is conducted via email through the Platform. In accordance with Articles 1316 and following of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the parties declare that information provided by email is binding between the parties until contradictory authenticated and signed written evidence is produced. The elements such as the time of receipt or transmission, as well as the quality of the received data, shall take precedence as they appear on Eden Initiative's information systems, or as authenticated by Eden Initiative's computerized procedures unless proven otherwise in writing by the Tenants.
Modifications
"Eden Initiative reserves the right to modify these terms and conditions at any time.
Users will be notified of these changes by any means deemed appropriate.
Users who do not accept the modified terms and conditions must unsubscribe from the Services according to the procedures set out in Article 18.
Any User who uses the Services after the modified terms and conditions come into effect is deemed to have accepted these modifications."
Language
In the event of a translation of these terms and conditions into one or more languages, the French language shall prevail in case of contradiction or dispute regarding the meaning of a term or provision.
Applicable Law and Jurisdiction
These terms and conditions are governed by French law.
In case of dispute over the validity, interpretation, and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless contrary imperative procedural rules apply.
Effective Date
These terms and conditions entered into force on [01/05/2024].