General Conditions of Use
The www.unkle.fr Site (the "Site") is published by Unkle, a simplified joint stock company with a capital of 6,311.95 euros, whose registered office is located at 112, avenue de Paris - CS 60002 - 94306 Vincennes Cedex and registered in the Créteil Trade and Companies Register under number 840 606 453, intra-community VAT number FR82840606453, e-mail address: firstname.lastname@example.org, telephone number +33 7 66 30 10 93 (the "Company").
The Company is registered as an Insurance Intermediary and as a Banking and Payment Services Intermediary with the French ORIAS (« Organisme pour le registre unique des intermédiaires en assurance, banque et finance »), under number 18005151. The Company operates under the supervision of the French ACPR (« Autorité de Contrôle Prudentiel et de Résolution ») - 4 place de Budapest - CS 92459 - 75436 Paris Cedex.
2. Definitions of the terms
The following terms beginning with a capital letter, whether used in the singular or plural, shall have the following meanings:
Guarantee Certificate : document detailing the guarantees that may be offered by the Company to the User's landlord, subject to the conclusion of a Lease Agreement between the User and his landlord, the Unkle Agreement between the User and the Company, and the landlord's subscription to the Guarantee Services.
Shared accommodation : rental as defined in Article 8-1 I of Act No. 89-462 of 6 July 1989 to improve rental relations. Leasing granted exclusively to spouses or partners in a civil solidarity pact at the time of conclusion of the Lease Contract does not constitute a shared accomodation (french colocation).
Lease Contract : contract for the rental of an apartment (unfurnished or furnished), which contains a termination clause for non-payment of rent (automatic termination), and for which the User (or Users, in the event of shared acomodation, cohabitation, rental between spouses or rental by contractual partners) wishes to benefit from the Guarantee Services. It is specified that in the event of shared accomodation or cohabitation, all tenants must sign the same Lease Agreement in order for each to be considered a tenant.
Unkle Contract : document signed by the Company and the User to whom a Certificate of Guarantee has been issued describing the terms and conditions of provision of the Guarantee Services attached to a Lease Contract. In the event of multiple tenants, each User shall sign its own Unkle Contract under the conditions provided for in these T&Cs.
Personal Space : a secure space, accessible by means of personal identifiers (login and password), dedicated and specific to the User. In case of multiple tenants, each User will have his own Personal Space. File Review: verification and analysis by the Company of the information and documents provided by the User on his Personal Space, in order to determine if the User can benefit from the Guarantee Services.
Etude du Dossier : Company verification and analysis of information and documents provided by the User on his Personal Space, to determine whether the User can benefit from the Warranty Services.
Services : all the services provided by the Company to the User, and accessible through the Site:
i. provision of a Personal Space on the Site;
ii. carrying out a Study of the File on the basis of the information and documents provided by the User;
iii. if the Study of the File is validated by the Company: :
iv.access to privileged offers from the Company's partners.
- provision of a Certificate of Warranty; and
- in the event of the signature of a Lease Agreement between the User and its landlord, the signature of a Unkle Agreement between the Company and the User, the provision of a "unpaid rent" and "litigation costs" guarantee to the benefit of the User's landlord who has subscribed to the Guarantee Services (together, the "Guarantee Services");
User : a natural person who accesses or browses the Site.
Access to and use of the Site is governed by these T&Cs. The T&Cs define the conditions of use of the Site and/or Services, it being specified that the conditions applicable to the Guarantee Services are subject to additional contractual conditions to which the User will be required to adhere under the conditions specified in these T&Cs. The T&Cs govern the contractual relationship between the Company and any User.
The T&Cs are available and can be directly consulted on the Site at any time.
The Company reserves the right to modify the T&Cs at any time. The modified T&Cs shall take effect on the date they are posted on the Site and shall be deemed to have been accepted without reservation by any User who browses the Site after they are posted on the Site. The Company shall inform the User of any substantial modification of the T&Cs by any means, and in particular by displaying a banner to this effect on the Site.
The applicable T&Cs are those in effect on the day of navigation on the Site.
4.1 Personal Space
To be able to benefit from the Guarantee Services, the User must first create a Personal Space using a username and password. The creation of the Personal Space is free of charge.
The answers to the preliminary questionnaire allow a preliminary study of the User's file, based on the information it provides. If this preliminary study is positive, the latter is then invited to create his Personal Space in order to be able to download the supporting documents allowing the Company to proceed with the Study of the File.
The User can perform a simulation, then is invited to create his Personal Space.
When creating his Personal Space, the User's identifier corresponds to his email address, and the User defines his password in accordance with the security instructions indicated.
The User's ID and password are strictly personal and confidential. Their conservation and use are carried out under the sole responsibility of the User. As such, the Company shall not be liable to the User for any damage suffered as a result of the unlawful, fraudulent or abusive use of its user ID and password.
It is the User's responsibility to inform the Company immediately if an unauthorized person has used his username and password, but also in case of loss or forgetting his username and password. In the event of loss, forgetfulness or unauthorized use of his login and password, the User also undertakes to reset his password in accordance with the procedure described on the Site.
The User may modify his information at any time in his Personal Space.
4.2 Use of the Personal Space
Within his Personal Space, the User downloads the mandatory and, where applicable, optional information and/or documents in order to enable the Company to carry out the File Review.
If necessary, the User may also find within his Personal Space:
- the documents issued by the Company for the purposes of the Services, including a Certificate of Guarantee, if the Study of the File is validated by the Company and if (i) the User and his landlord have signed a Lease Agreement, (ii) the User and the Company have signed the Unkle Agreement, and (iii) the landlord registered for the Guarantee Services;
- commercial offers from the Company's partners, to which the User may decide to subscribe freely, by contacting the partners concerned via the corresponding link available in his Personal Space or by dialling the telephone number provided therein. Any offer or contract entered into with a partner is binding only on the User and the partner concerned and does not create any right or obligation for the Company which remains a third party to this relationship.
In the event of repeated failure to comply with the obligations of these T&Cs, or prolonged inactivity, the Company reserves the right to permanently delete a User's Personal Space after prior notification by email.
5. Provision of Services by the Company
5.1 Pre-analysis of the file
In the event that, at the time of the creation of his Personal Space, the User has not yet found accommodation or signed a Lease Contract, the Company may send him a pre-certificate of guarantee, intended to facilitate his research and detailing the guarantees that the Company could offer up to a maximum rent. This pre-certificate of guarantee has a validity period indicated on the pre-certificate of guarantee and does not constitute a firm commitment by the Company to issue a valid subsequent Certificate of Guarantee, insofar as it will only be issued subject to the signature of a Lease Contract by the User and its landlord, the signature of a Unkle Contract between the Company and the User and the landlord’s subscription to the Guarantee Services.
5.2 Study of the File
After having created his Personal Space, if he wishes to benefit from the Guarantee Services, the User must download the mandatory and, if applicable, optional information and/or documents, in order to allow the Company to carry out the File Review.
In this respect, the User guarantees (i) that all the information and/or documents provided on the Site or downloaded from his Personal Space or otherwise communicated to the Company are authentic, complete, non- falsified, true and up to date; and (ii) that he has the necessary rights and/or authorisations to provide the Company with said information and/or documents, in compliance with the legal and regulatory provisions in force and without violating the rights of a third party.
In the event of doubt as to the veracity or authenticity of a document or information transmitted, the Company reserves the right to request additional information and/or documents from the User, to refuse to provide the Services to the User and/or to delete the Personal Space of the User concerned.
The User also ensures that the downloaded documents are legible and properly formatted in order to enable the Company to read them under the best possible conditions.
In the event of rental by several Users, the Company may only study the File once all the Users concerned have downloaded the necessary documents.
Once the File Review has been completed, the Company will inform the User by email:
- if the User can benefit from the Guarantee Services, the Company will make the Guarantee Certificate available to him/her on his/her Personal Space;
- if the User is unable to benefit from the Guarantee Services, the Company will explain the reasons for its refusal to the User.
5.3 Contractualization of Warranty Services
The Eligible User(s) must finalize the subscription to the Guarantee Services within one (1) month of the provision of the Guarantee Certificate. To do so, within this time frame:
- a Lease Agreement must be signed between the User(s) concerned and its landlord. This Lease Agreement must be downloaded from the Personal Space,
- le bailleur concerné doit avoir adhéré aux Services de Garantie en signant la demande d’adhésion d’assurance et les conditions d’adhésion mises à sa disposition par la Société,
- the User(s) must have signed a Unkle Contract.
The terms and conditions for the provision of Warranty Services, as well as the costs of Warranty Services, are specified in the Unkle Contract.
6.1 Intellectual property of the Company
The Unkle brand, as well as all figurative or non-figurative brands and, more generally, all other brands, illustrations, images and logos appearing on the Site, whether registered or not (the "Brands"), are and remain the exclusive property of the Company or are granted under license to the Company.
The Site and all graphic, textual, visual and photographic elements contained therein, including but not limited to all illustrations, images, drawings, photographs, characters, texts, scenery, modes of presentation, graphics or any other element of the Site (hereinafter the "Content") are and remain the exclusive property of the Company or are licensed to the Company and are protected in particular by intellectual property rights.
The Brands, the Site and/or its Content may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the Brands, the Site and its Content may only be used for browsing the Site and, where applicable, to benefit from the Services.
The use of all or part of the Brands, the Site and/or its Content, in particular by downloading, reproducing, transmitting or representing them for purposes other than those provided for in these GCU is strictly prohibited.
Subject to compliance with these T&Cs, the Company grants Users a personal, non-exclusive and non-transferable right to access and use the Site, its Content and/or the Brands solely for the purpose of consulting the Site.
With the exception of the above, it is strictly forbidden for Users to:
- copy, reproduce, represent, distribute, distribute, publish, permanently or temporarily, all or part of the Site and/or its Content and/or Brands by any means and on any medium known or unknown to date;
- create derivative works from the Site and/or its Content and/or Brands;
- modify, translate, adapt, arrange, in whole or in part, the Site and/or its Content and/or Brands;
- disassemble, decompile, reverse engineer on the Site and/or its Content;
- distribute, transmit, disseminate, sell, rent, lease, grant or exploit, in any way whatsoever, without the Company's express prior written consent, all or part of the Site and/or its Content and/or Brands.
6.2 User Content
In the context of the use of his Personal Space, the User may download documents on the Site (the "User Content").
In this respect, the User warrants that (i) he/she owns all necessary rights or has obtained all necessary authorizations (including in particular authorizations relating to image rights) to download User Content, and (ii) the User Content he/she provides does not infringe any third party rights, including the intellectual property rights of third parties.
The Company does not acquire any ownership rights to the User Content. However, the User grants the Company, during the term of the Services, a worldwide, free and non-exclusive license to use the User Content, allowing the Company to use, reproduce, represent, on any medium, by any means, all or part of the User Content for the purposes of providing the Services.
It is prohibited to create a hypertext link to the Site without the express prior written consent of the Company. Requests should be addressed to the Site's publishing director at the following address : email@example.com .
The Site may provide links to other websites, including partner websites whose offers may be highlighted on the Site. To the extent that the Company cannot exercise control over these third-party websites, the Company makes no commitment as to the availability and content of these websites, and declines any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. The Company also declines any liability for any damage or loss, whether proven or alleged, resulting from or in connection with the use of, or reliance on, the content, goods or services available on these third-party websites.
The Site and its Content are provided as is and subject to availability.
The Company does not warrant that the Site or its Content is error-free or uninterruptedly accessible.
The Site is normally accessible 24 hours a day, 7 days a week, subject to the following conditions:
- a case of force majeure;
- the availability of the Internet network;
- temporary suspensions of the Site for technical reasons related to updates of the Site, its maintenance or any other technical cause.
The Company undertakes, as part of its obligation of means, to provide access to the Site and to make its best efforts to remedy any malfunction brought to its attention. However, the Company may be obliged to temporarily or permanently suspend the Site without notice, in particular for technical and/or maintenance reasons, whatever the origin or cause, without this entailing any liability on the part of the Company.
9.2 Liability of the Company
It is specified that the Internet network and the computer and telecommunications systems used in accessing and using the Site are not error-free and interruptions and failures may occasionally occur. The Company shall not be liable for any inconvenience or damage related to the use of the Internet network, and in particular, without this list being exhaustive, the incorrect transmission and/or reception of any data and/or information on the Internet, the failure of any reception equipment or communication lines, any malfunction of the Internet network preventing the proper functioning of the Site and/or the Services. It is the Users' responsibility to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against contamination by any virus and/or attempted intrusion of which they may be victims.
The Company's liability towards the User may only be incurred for facts directly attributable to the Company and causing direct prejudice to the User.
In no event shall the Company be liable to the User for any damage caused by:
(i) indirect damage, recognised as such by the French courts,
(ii) damage resulting from misuse or use of the Site and/or Services that does not comply with these T&Cs, or
(iii) damage resulting from facts attributable to the User, any other User or any third party.
9.3 User's responsibility
The User is solely responsible for his use of the Site and/or Services, and in particular for compliance with his obligations under these T&Cs.
As such, the User guarantees the Company against any complaint, claim, action, claim and/or recourse of any kind that any third party may make against the Company on the basis of the User's breach of any of its obligations or guarantees under these T&Cs, or, more generally, the User's use of the Site and/or the Services. The User undertakes to compensate the Company for any prejudice, loss and/or damage that the latter may suffer and to pay it all costs, charges and/or sentences that it may have to bear as a result.
Dans l’hypothèse où une ou plusieurs des stipulations des CGU serait considérée comme non valable ou non opposable par une juridiction compétente ou par loi ou réglementation applicable, cette stipulation sera supprimée sans que la validité ainsi que l’opposabilité des autres dispositions de ces CGU n’en soient affectées.
In the event that one or more of the provisions of the GCU are considered invalid or unenforceable by a competent court or by applicable law or regulation, such provision shall be deleted without affecting the validity and enforceability of the other provisions of these GCU.
10.3 Assistance - Information - Complaint
Any request for information, clarification, assistance, or complaint relating to the Site and/or Services should be sent to the Company by e-mail to the following address: firstname.lastname@example.org.
11. Applicable law and competent jurisdiction
These T&Cs are subject to French law.
In the event of a complaint or dispute concerning the application, interpretation or execution of these GCU, the parties undertake to seek an amicable settlement of the dispute concerned before any legal action or recourse to a mediation procedure.
In the absence of an amicable agreement, the User may use any alternative dispute resolution method and in particular a mediation procedure:
- to the Insurance Ombudsman, at the following address: La Médiation de l'Assurance, TSA 50110, 75441 Paris Cedex 09, or by internet: https://www.mediation-assurance.org/; or
- by accessing the European online dispute resolution platform at the following address: http://ec.europa.eu/odr which will attempt to resolve disputes amicably.
If the dispute is not resolved within this framework, the dispute will be brought before the competent French courts.
© Unkle 2019 - All rights reserved.