TERMS AND CONDITIONS OF USE FOR
TENANTS OF THE “STUDAPART”
“STUDAPART” is a trademark registered at the INPI [French National Institute of Industrial Property Rights] under No. 4197123.
The Studapart company (hereinafter referred to as “Studapart”) is a simplified joint stock company with a capital of 14,356.00 euros, with its registered office located at 31 bis, rue de Bellevue - 95520 Osny, registered in the Pontoise Trade and Companies Register under number 790 562 813. The Studapart company is registered with ORIAS [French Register of Insurance Intermediaries] under number 17007068.
Studapart edits the Platform and its subdomains, which can be accessed through the link www.studapart.com.
It is possible to contact Studapart at the address indicated above and by e-mail at the address email@example.com or by phone on 01 80 92 64 01 (free).
These Terms and Conditions of Use (hereinafter referred to as the “T&Cs”) define the legal framework for the use of the Studapart Platform by the Tenants. The T&Cs also contain information relating to rights and restrictions imposed by laws or regulations. Further information may be available on the Site and in particular, the “Tenants FAQ” section of the Site.
ARTICLE 1: Definition
In the Terms and Conditions of Use, words or expressions beginning with a capital letter have the following meaning:
- Tenant(s): refers to any natural person looking for accommodation with a Tenant account;
- Tenant Space: refers to the virtual space allocated to Tenants. This Space can be accessed by entering a username and password on the Platform;
- Personal Data: refers to the personal data enabling any natural person to be identified or made identifiable, which Studapart collects, shares or processes;
- Intellectual Property Law: refers to all the rights of literary and artistic property (copyright and related rights), industrial property (trademark, design and model and patent) provided for in the Intellectual Property Code and international treaties;
- Booking: refers to any Booking of accommodation that is the subject of a rental offer on the Platform, made by the Tenant through the Platform with an Owner or a Professional. For this Booking, the amount of the first month’s rent and the amount of the Booking Fees are paid directly on the Platform;
- Booking Fees: refers to the costs paid by the Tenant to Studapart when booking and paying for accommodation through the Platform, the amount of which is specified when booking regardless of the amount of the first month’s rent relating to the Booking;
- Owner(s): refers to the owner of a property with an account on the Platform;
- Professional(s): refers to all companies with an account on the Platform, such as real estate agencies, property managers, management companies, student residences;
- Advertiser(s): refers to any Owner or Professional behind an advertisement for the rental of accommodation on the Platform;
- Platform(s): refers to the platforms published by Studapart as well as all the content created, including: graphic charter, frames, banners, flash and video animations, source code, HTML code and programming;
- Studapart Guarantee: refers to the unpaid rent guarantee created by Studapart in partnership with Allianz, which can be activated at the request of any Advertiser on the Platform;
- Guaranteed Profile: refers to Studapart’s optional Premium paid subscription which is offered to Tenants of the Platform, to verify and certify their profile and make the Tenant eligible for the Studapart Guarantee at no additional cost when making a Booking on the Platform, under the conditions set out in the T&Cs.
ARTICLE 2: Object and scope
Studapart is a networking platform for Tenants to book electronically and remotely, quickly and easily, rental accommodation near a given location in France, thanks to the features made available on the Platform.
The creation of the Tenant Space allows, through the Platform:
- Access to a search engine within the advertisements, according to the date, accommodation type, budget and desired location in France,
- A secure space to share messages as well as documents and information with Advertisers, including sharing documents from a rental application that may be requested by the Advertiser,
- The secure payment of the first month’s rent to make the Booking,
- Access to the electronic signature tool to facilitate the conclusion of the rental contract for a property that has been the subject of a Booking on the Platform, with a Professional using this tool.
By using the Platform, the Tenant declares to fully accept these T&Cs to which he/she shall agree in order to register. Therefore, the Tenant declares and acknowledges that he/she has read and understood the provision of these T&Cs. At any time, if the Tenant disagrees with one of the provisions of the T&Cs, he/she can immediately end the use of the Platform and the associated services by deleting his/her Space.
These T&Cs are available at any time by clicking on a direct link at the bottom of each page of the Platform.
The T&Cs shall apply to Bookings made:
- On the Platform accessible through the link http://reservation.studapart.com
- On any Platform of a Studapart partner institution (university, school, etc.) having its own Platform, without prejudice to the contractual conditions applied by this partner. The list of partner institutions is available in the Tenants FAQ.
ARTICLE 3: Entry into force – duration
These T&Cs are applicable for the entire time of browsing and access to the Platform and for the entire duration of use of the Platform. The Tenant is free to close his/her account at any time and is not bound by any time commitment towards Studapart.
Studapart reserves the right to modify these T&Cs at any time by indicating their date of update in the header.
Any modification shall take effect from their acceptance. The Tenant agrees to be notified of the updated T&Cs by their publication on the Platform or any other form of notification.
The Tenant shall be notified of updates to the T&Cs that lead to changes in the duration, characteristics or price of the services provided on the platform and are subject to his/her acceptance. In case of refusal of the updated T&Cs, the Tenant can terminate his/her account at no cost, which shall result in the removal of his/her profile from the Platform.
In other cases, by continuing to use the Platform after the update comes into effect, or by accessing it after the effective date of the updated T&Cs, the Tenant declares to have read the updated information and accepts all changes made to them.
The latest accepted version of the T&Cs available online on the Platform shall prevail, where applicable, over any other version of these T&Cs.
ARTICLE 4: Creation of a Studapart account
Browsing and accessing information on the Platform are subject to the Tenant’s registration on the Platform.
In order to access all the features of the Platform, the Tenant shall create his/her Tenant Space. When registering, he/she shall tick the boxes agreeing to the collection and processing of his/her personal data and unreserved acceptance of the Terms and Conditions of Use of the Services on the Platform.
When registering, the Tenant shall provide the following information:
- Surname and first name;
- Email address;
- Phone number.
Once the Studapart account has been validated, the Tenant shall receive a confirmation e-mail. The Tenant can then access the features of his/her Space and share a certain amount of optional information to facilitate accommodation searches on the Platform.
Studapart may ask for specific information in order to certify the authenticity of the Tenant’s identity. By accepting these T&Cs, the Tenant agrees to share all requested information.
At the same time, the Tenant can scan all the documents usually required to submit a rental application:
- Photocopy of Identity Card;
- Copy of student card or school certificate;
- Last three payslips of the Tenant;
- Last three payslips of the guarantor(s);
- Tax return of the guarantor(s);
- Proof of address of the guarantors;
- Identity document of the guarantors;
- Last three rent receipts or property tax notices from the guarantors;
- Bank identity statement of the guarantors;
Through the Platform, the Tenant has the possibility to share all other necessary information to facilitate booking an accommodation with the relevant Owner or Professional.
This information is optional and does not affect the process of finding accommodation on the Platform. The Tenant is informed that this information is intended to maximise the chances of obtaining the accommodation for which the Tenant has made a Booking request.
Special conditions applicable to the Guaranteed Profile
Once the Tenant has created his/her Space, they can subscribe to the optional Guaranteed Profile service offered by Studapart.
Subscription to the Guaranteed Profile may be subject to the Tenant uploading supporting documents to the Platform (Tenant’s identity document requested, Tenant's school certificate or work contract providing a guarantee of trust in the event of a claim). If the Tenant fails to provide the requested documents, Studapart may automatically refuse confirmation of the order and reserves the right to refund the price of the Guaranteed Profile to the Tenant who has not provided all the documents required for this service.
This paid offer, which is not tied to any booking request, allows the Tenant:
- To promote his/her profile on the Platform with the mention of “Guaranteed Profile activated” on their profile, making it visible to Advertisers in the event of a Booking request;
- To be eligible for the Studapart Guarantee when making a Booking on the Platform, at no additional cost, in addition to the Booking Fees and the payment of the first month’s rent.
Once an email confirmation of the Guaranteed Profile order is sent to the Tenant, the Guaranteed Profile is valid for a limited period of six months. The Guaranteed Profile is not subject to an automatic renewal and shall not be put on hold. The Guaranteed Profile order is fixed and final, and shall not be the subject of any request for reimbursement, even in the absence of a Booking request on the Platform and/or an effective Booking on the Platform.
The Guaranteed Profile shall in no circumstances grant Studapart the status of surety or guarantor. The Tenant’s Guaranteed Profile has no legal value with third parties, does not constitute a guarantee and the Tenant may only inform potential landlords of accommodation for information purposes.
ARTICLE 5. Respect for the use of the Platform
In the event of a Booking request or any other contact with an Advertiser through the Platform, regarding the rental of a property, the Tenant shall finalise the Booking exclusively through the Platform. Given the booking service offered, it is strictly forbidden to exclude the use of the Platform to sign any contract with the Advertiser for the rental of an advertised property. This is an essential and ethical obligation towards the service offered by Studapart.
To prevent attempted bookings outside of the Platform, Studapart may automatically prohibit the possibility of providing email addresses and telephone numbers in Tenant and Advertiser messaging tools. The Tenant expressly accepts that the electronic messaging tools can automatically detect some key words and that the correspondence does not count as private correspondence and Studapart retains the right to access them to check compliance with the service.
In the event that these rules are disregarded and a risk of fraud and booking outside the Platform is detected, Studapart may, depending on the severity and the repetition of this breach, warn this user, lower the visibility of the Tenant’s profile and/or suspend the Tenant’s access to his/her Space.
In the event of a breach of this rule, Studapart reserves the right to charge a penalty corresponding to the amount of the Booking Fees applicable at the time of the breach found by Studapart. The Tenant expressly accepts this penalty as a fixed and advance payment for the damage. The Tenant shall pay the amount of the applicable penalty upon presentation of the corresponding invoice.
ARTICLE 6: Pricing and payment conditions
The creation of the Tenant Space allowing access to the advertisements published on the Platform is free of charge. When using the Platform, the Tenant may be required to make online payments to Advertisers and Studapart through the Platform.
To make a Booking on the Platform, the Tenant shall pay both (i) the Booking Fees to Studapart and (ii), the amount of the first month’s rent, which shall be remitted to the Advertiser from the rental start date indicated on the Platform. Booking Fees are flat-rate and fixed regardless of the type, location and duration of the rental booked. The Tenant can find information on the amount applicable at any time in the Tenants FAQ.
In the event of a Studapart Guarantee request by the Advertiser, Studapart Guarantee fees shall be charged to the Tenant, who shall be duly informed thereof. In this case, the Booking is subject to the Tenant’s payment of these additional Studapart Guarantee fees, the amount of which is automatically calculated according to the rental period and the amount of rent indicated by the Advertiser as part of the Booking request. The additional Studapart Guarantee fees are not charged when the Guaranteed Profile is granted at the time of finalising the Booking on the Platform.
Tenants are duly informed that only the first month’s rent is payable through the Platform, and that it is their responsibility to make subsequent rental payments directly to the landlord. The Platform does not allow the payment of a security deposit, or any other sum that may be requested by the Advertiser, outside of the Platform. Tenants shall check with the Advertisers for any fees, charges, etc. that may be claimed from them in connection with the Booking, outside of the Platform.
Each Tenant guarantees to have the necessary permissions to use the chosen payment method and that the information provided gives access to sufficient funds to cover all the costs resulting from the Booking.
Studapart is in no way a banking institution and all services of payment intermediary, of collection on behalf of third parties and of creation and management of electronic wallets are provided by Stripe, an approved partner specialising in these services.
The use of online payment systems through Stripe implies unreserved acceptance of Stripe’s terms and conditions of sale. Studapart therefore invites Tenants to read their terms and conditions of sale, which can be accessed at www.Stripe.com/fr/legal. It is the responsibility of the Tenants to verify the relevance of the services to their needs.
The transactions made through these systems are secured using an SSL encryption process in order to strengthen all the scrambling and encryption tools, by optimizing the protection of all Personal Data linked to this payment method.
The banking information is directly communicated to the secure payment service provider. Studapart never has access to confidential information relating to the Tenants’ payment method.
ARTICLE 7: Electronic signature
As part of the use of the Platform, the Tenant and/or his/her guarantor may be required to use the electronic signature system on the Platform. Each Tenant guarantees to have the necessary permissions to use the chosen electronic signature and to have the necessary legal ability and capacity to sign the relevant document.
The electronic signature results from the use of a reliable process of identification with the use of the certificate guaranteeing its link with other electronic data to which it is related.
All of the services linked to the implementation of an electronic signature system, including the tenants’ authentication and identity management services, are provided exclusively by the company DocuSign, a partner of Studapart specialising in these services.
The use of electronic signature systems implies unreserved acceptance of Docusign’s applicable terms and conditions of sale. Studapart therefore invites Tenants to read their terms and conditions of sale, which can be accessed at https://www.docusign.com/company/terms-and-conditions/msa before any use of this system. It is the responsibility of the Tenants to verify the relevance of the services to their needs.
The signatures made through these systems are secured using an encryption process in order to strengthen all the scrambling and encryption tools, by optimising the protection of all Personal Data linked to the electronic signature.
By using this feature through the Platform, the Tenants acknowledge that the process of signing an electronic document electronically necessarily requires an asynchronous operating mode allowing signatories to sign, one before another. Accordingly, the Tenants expressly agree that, in order to sign a contract, the document shall be signed by all the parties it designates. The first signature of an electronic document does not constitute an offer or a commitment by unilateral will by the first signatory who has electronically signed the electronic document.
When an electronic document is required to have a signature date, the Tenants agree that this date shall be the date mentioned in the electronic document by the signatories. In the absence of a date mentioned in the electronic document, the Tenants agree that the date of signature shall be the date on which the electronic document is posted online by the last signatory, as shown on the computer records of the Platform.
ARTICLE 8: Obligations of the Tenant
When using the Platform, the Tenants shall comply with the laws and regulations in force and shall not infringe the rights of third parties or public order. They are solely responsible for the content they post, share, upload, etc. on and/or through the Platform. In this respect, Studapart shall not be liable for the Tenant’s comments and content, unless otherwise made responsible by the law.
To this end, the Tenant shall:
- not publish or disseminate any content that may be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;
- not publish any content, message or information that is coarse, offensive or encourages any activity repressed by the law or the regulations in force;
- not publish any content violating the rights of a third party;
- not provide incorrect or false information;
- not share any sensitive information about him/her or third parties, in particular on racial or ethnic origin or political, philosophical or religious opinions, trade union memberships, sex life or health;
- use the Platform in accordance with the regulations in force and the recommendations of the CNIL [French National Commission on Informatics and Liberty];
- not share information contrary to good morals and the law.
The Tenant shall ensure that all the information communicated on the Platform remains correct and refrains from creating or using on the Platform, unless otherwise authorised, other accounts under his/her own identity and/or that of a third party. Any identity fraud is liable to criminal prosecution and punishment, and non-compliance to this commitment may result in the immediate suspension of the Tenant’s account without notice.
The Tenant also guarantees and shall:
- not violate any of the rights protected by their publication, be it human rights or those provided by the Code of intellectual property (copyright, related rights, trademarks, patents, etc.);
- not publish any false information;
- not use or share content that can:
- cause harassment of third parties or invite third parties to participate in acts of harassment,
- incite hatred, discrimination, racism, fanaticism and physical violence of individuals or groups of individuals,
- represent scenes of pornography, paedophilia or any other offensive subject, or contain a link with a website restricted to adults,
- request funds for the financing of criminal activities,
- provide telephone/fax numbers, street names, names, addresses or email addresses,
- represent or advocate illegal activities or slanderous, insulting, obscene, threatening or defamatory behaviour, and false or misleading information,
- provide an illegal or unauthorised copy of works protected by copyright, patents and trademarks,
- stimulate, induce or encourage the transfer of emails, email chains, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail,
- promote or encourage any activity or enterprise of criminal nature or that can give guidance or instructions on how to promote illegal activities, the invasion of privacy, dissemination and the creation of computer viruses,
- request passwords or personal information from Tenants, Professionals or Owners for illegal business purposes,
- involve commercial activities and/or sales such as contests, advertising lotteries, exchanges, advertisements and pyramids without the written consent of Studapart,
- share, reproduce, publish or modify in any way the material protected by copyright, trademark or other property rights of third parties without their prior consent.
In the event of an infringement or violation of these rules due to the transmission of this information, Studapart reserves the right to delete such contentious content without prior notice and, where applicable, the Tenant’s access to his/her Space.
ARTICLE 9: Liability
The Tenants are solely responsible for their use of the Platform and the direct or indirect consequences of this use.
It is the Tenant’s responsibility to ensure that the Advertiser does not request, as part of the rental application, information contrary to any regulations in this sphere, in particular provided for by Decree No. 2015-1437 of 5th November 2015, which sets the list of supporting documents that may be requested to the rental candidate and the person possibly acting as surety. The Tenant maintains their freedom to withhold information, requested by an Advertiser, from the Platform and to report to Studapart any request from an Advertiser that he/she deems abusive.
Studapart shall not be liable for the choices made by the Tenant regarding an accommodation or an Advertiser. In the provision of the Platform, Studapart shall not verify the content of the advertisements on the Platform with Advertisers, and does not make any commitment relating to viewings, the inventory at arrival and departure and the conclusion of a rental contract in accordance with the regulations. It is the Tenant’s responsibility to ensure that the rental offer, that is the subject of a Booking request, actually meets his/her requirements, and to check that the proposed rental contract complies with the regulations.
Under no circumstances shall Studapart, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising from or relating to:
- the use of the Platform or services;
- the inability to use the Platform or the services;
- the modification or deletion of content delivered through the services; or
- the application of these T&Cs;
Furthermore, Studapart shall not be liable for the non-functioning, impossibility of access or malfunctioning of the Tenants’ Internet service provider. The same shall apply for all other reasons beyond Studapart’s control. In fact, although Studapart does everything possible to prevent malicious use of the Platform, Studapart shall not be liable for any damage resulting from the transmission of a virus or any other element likely to infect computer equipment and programs.
The services are provided as is and subject to availability. Studapart does not guarantee an error-free, uninterrupted and secure supply of the services offered through the Platform. Studapart is not bound by any obligation to provide personal and technical assistance. Studapart disclaims any express or implied guarantee regarding the quality and compatibility of the Platform for the use that the Tenants will make of it. Studapart does not guarantee any result or benefit from the use of the services offered through the Platform. Studapart also does not guarantee that the information and data available on the Internet are protected against such attacks or possible misappropriation.
Studapart is in no way a party to any contract signed between the Tenant and an Advertiser, Owner and/or Professional, does not carry out any checks on the validity of the contract offered and/or signed, including when this contract is signed using the Platform, in particular an electronic signature. As a result, the Tenant acknowledges that any claim relating to the execution of any rental contract with an Advertiser shall not be submitted directly to Studapart.
The Tenant is informed that he/she shall not transfer nor sublet the accommodation which has been the subject of a Booking, except with the prior written consent of the Advertiser.
In any case, the Tenant is duly informed that:
- The Guaranteed Profile and Studapart Guarantee are not, under any circumstances, a form of insurance for the Tenant in accordance with article 4 of law No. 89-462;
- The Tenant can always complete his/her profile in his/her Space and indicate that he/she can have a deposit in France, abroad, take out third-party insurance, etc. rather than subscribing to a Guaranteed Profile option on the Platform or paying the Studapart Guarantee fees requested by the Advertiser.
Article 10 : Home Insurance by Studapart Service
Tenants may subscribe to a "multi-risk home insurance" policy distributed by Studapart and managed by Insured Services.
The insurance policy is taken out with Allianz IARD (hereinafter referred to as the “Insurer"), in order to benefit from an insurance coverage within a rental on the Platform.
Studapart’s home insurance policy is available here. The insurance is governed by the general provisions of the Insurer which must be accepted by the Tenant during subscription.
The Tenant can subscribe to the insurance by going to section "Home insurance by Studapart" of the Site.
ARTICLE 11: Right of withdrawal - Cancellation policy
Right of withdrawal - Booking
In accordance with the provisions of article L221-28 of the Consumer Code “The right of withdrawal shall not be exercised for contracts: […]12° for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period”.
Under these conditions, the Tenant has no right of withdrawal regarding bookings of accommodation for rent through the Platform.
As part of the use of the Platform, the Tenant may be required to make a Booking with an Advertiser involving the online payment of the first month’s rent for renting accommodation. Tenants may cancel an accommodation Booking in accordance with the cancellation policy below.
Cancellation policy for Bookings with a Professional
When the Booking has been made with a Professional, the Tenant is expressly informed that the Professional sets his/her cancellation policy independently independently of Studapart concerning the amount received by the Professional. The Studapart booking fees and Studapart Guarantee fees apply the same cancellation policy with the Owner.
Any cancellation policy of the Professional is applicable regardless of the cancellation policy of the Platform. Studapart declines all responsibility for the cancellation policy set and/or applied by Professional Advertisers.
In this case, it is the Tenant’s responsibility to obtain information on the cancellation policy of the Professional, pertaining to an offer, directly from the Advertiser through the Platform, prior to any Booking, to ensure that this cancellation policy meets his/her requirements.
Cancellation policy for Bookings with an Owner
If the Booking has been made with an Owner, Studapart’s cancellation policy shall be applied as below:
Cancellation for force majeure or a similar event in the T&Cs:
- Cancellation before the entry date indicated on the Platform: The Tenant is reimbursed in full (Booking Fees, amount of first rent and, where applicable, the Studapart Guarantee fees).
- Cancellation after the entry date indicated on the Platform: The Tenant is reimbursed only for the Booking Fees and the Studapart Guarantee, but the amount of the first rent is kept by the Advertiser.
Cancellation without force majeure:
- more than 30 days before the date of entry indicated on the Platform: The Tenant is reimbursed for the first rent and the Studapart Guarantee only.
- less than 30 days before the entry date indicated on the Platform: The Tenant is reimbursed for the amount of the Studapart Guarantee only. In this case, the Booking Fees and the amount of the first rent are not subject to any refund.
- after the entry date entered on the Platform: no refund possible.
What is a force majeure event? This is an extraordinary circumstance such as:
- substandard housing
- accommodation that is significantly different from the information provided in the rental advertisement
- accommodation that does not meet the legal requirements of floor area and cubic volume
- the owner does not respond within 5 days or less from the date of the Tenant’s arrival in the accommodation
- accommodation that is unfit for habitation or inaccessible due to an external, unforeseeable and irresistible event (natural disasters, water damage)
- accommodation ultimately unavailable due to overbooking
- accommodation ultimately unavailable because the Advertiser keeps it for personal reasons
- accommodation ultimately unavailable due to the inappropriate use of the Platform
- the owner does not respect the legal rental procedures relating in particular to the conclusion of a rental contract, the inventory, the rent payment methods, etc.
Any cancellation request is considered individually according to the date of cancellation and the supporting documents provided by the Tenant and, where applicable, by the Advertiser. The Tenant shall send all necessary supporting documents to assess the situation to the Studapart support at the following email address: firstname.lastname@example.org.
Once the Tenant’s reimbursement request is validated, Studapart reserves a period of 15 days to make this reimbursement.
ARTICLE 12: Intellectual property rights
« Studapart » is a trademark registered with the INPI.
Studapart is the exclusive owner of the intellectual rights on the Platform, and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or audio, shown on the Platform as well as its databases, of which it is the producer.
All these intellectual creations are protected under copyright, trademark law, patent law, sui generis database rights and image rights, worldwide.
As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use, subject to different or even more restrictive provisions of this code, is authorised.
Any other use constitutes counterfeiting and is liable to prosecution as intellectual property, unless Studapart gives prior authorisation.
Any form of total or partial copying, extraction and reproduction of the database produced and used by Studapart on the Platform is expressly prohibited without its prior written consent.
Studapart does not own the content posted on the Platform by users. By using the Platform and accepting the T&Cs, the Tenant grants Studapart a non-exclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and sub-licensable use of the content that the Tenant uploads to and/or publishes on the Platform.
Within the framework of this license, the Tenant authorises Studapart to freely use all or part of the published contents and to represent, distribute and reproduce them on the Platform.
Studapart is therefore free to share the contents of the Tenants in a promotional, advertising and profitable context, in particular through competitions or partnerships. This distribution shall be done by any means, subject to the Tenant’s rights of opposition recognised by law.
As a result, the Tenant declares that:
- He/she is the owner of the content published on the Platform or through it, or that he/she is authorised to grant the rights and licenses mentioned in these T&Cs;
- The publication and use of the content on or through the Platform do not infringe, misappropriate or violate the rights of third parties, including, but not limited to, privacy rights, advertising rights, copyrights, trademarks and other intellectual property rights; and
- He/she agrees to pay all royalties, copyrights and other sums due related to the content published on the Platform or through it.
ARTICLE 13: Personal data protection and confidentiality
Upon the first login, the Tenant expressly consents to the processing of his/her Personal Data within the necessary limits of processing strictly for the proper functioning of the Platform.
The provision of personal information collected within the framework of these T&Cs is mandatory. This information is necessary for the processing and provision of the services. Failure to provide information prevents the proper functioning of the services offered online.
The Tenant acknowledges and agrees that Personal Data may be transferred or stored outside the country where Studapart and/or authorised Tenants are located, in order to perform the services provided by these T&Cs.
With regard to Tenants located in the European Economic Area (“EEA”), the Tenant acknowledges and agrees that Personal Data may be transferred or stored outside the EEA, in order to perform the services provided by these T&Cs.
Studapart shall implement all the necessary technical and organisational measures to respect the protection of Personal Data, both from the design of the service and by default. Studapart shall limit the quantity of Personal Data processed from the outset.
The Tenant shall ensure that he/she has the right to transfer the required Personal Data so that Studapart can legally use, process and transfer them on his/her behalf in accordance with the T&Cs.
The Tenant shall ensure that relevant third parties have been informed of and consented to such use, processing and transfer, as required by all applicable data protection laws.
Studapart collects Personal Data only in compliance with the terms of these T&Cs and any legal and reasonable instructions that the Tenant shall give at any time.
When Studapart finds that there has been a violation of rights within the framework of the processing of Personal Data, this violation shall be notified to the CNIL within a period of no more than 72 hours after becoming aware of it.
Any breach relating to the processing of the Tenant’s Personal Data shall be notified to the Tenant by e-mail within one (1) month.
Each party shall take the appropriate technical and organisational measures to prevent unauthorised or illegal processing of Personal Data or their accidental loss, destruction or deterioration.
In accordance with Law No. 78-17 of 6th January 1978 relating to technology, data files and civil liberties, the processing of personal information collected on the Platform has been declared to the National Commission on Informatics and Liberty under No. 1836642v0.
13.1 Use and transfer of Personal Data
In order to ensure the functioning of the Platform, Studapart shall carry out the necessary processing of Personal Data. The processed data is shared directly in the following ways and for the following purposes:
- Creating an account;
- Publishing and sharing content;
- Statistical analysis of the use of the Platforms;
The provision of Personal Data collected for these purposes is mandatory to confirm and validate the Studapart account. Otherwise, the services shall not be provided.
Studapart may also use this data for processing the Tenant’s requests as well as to strengthen and personalise communication, in particular through information letters/e-mails, and finally to customise the Platform according to the Tenants’ preferences. Studapart shall also provide its partners with consolidated and anonymised statistics relating to Tenants, however these statistics shall not contain any personal data.
This data may be submitted to technical service providers, for the sole purpose of the proper performance of the services, or to various suppliers such as payment solution providers. The Tenant allows Studapart to share information about him/her in order to facilitate the use of the Platform.
The Personal Data communicated by the Tenant shall be destroyed no later than six months after the deletion of the account. Studapart reserves the right to retain some data in order to justify, where applicable, the perfect performance of his/her contractual or legal obligations. The retained data shall be limited to what is strictly necessary.
13.2 Rights of access, modification, opposition, portability and deletion
In all cases, the Tenant has the right to access, modify, oppose, port and delete Personal Data about him/her by writing to the following address:
email@example.com stating his/her surname, first name, e-mail and home address.
In accordance with the regulations in force, any request shall be signed and accompanied by a photocopy of an identity document bearing the tenant’s signature and specify the address to which the response must be sent. A response shall be sent within two months of receipt of the request.
The Tenant shall recover his/her Personal Data in an open and readable format. The right to portability is limited to the data provided by the Tenant. It applies on the basis of the Tenant’s prior consent. Studapart shall transfer, on request, within one (1) month, any document collecting Personal Data to the Tenant in order to implement the right to portability. The costs related to data recovery are the responsibility of the Tenant making the request.
The personal data communicated by the Tenant shall be destroyed no later than six months after the deletion of the account. Studapart reserves the right to retain some data in order to justify, where applicable, the perfect performance of his/her contractual or legal obligations. The retained data shall be limited to what is strictly necessary.
13.3 Studapart Newsletters
Depending on the Tenant’s preference, he/she may receive the Studapart newsletter.
By expressly terminating his/her contract, the Tenant accepts that Studapart can send him/her a newsletter, which may contain information relating to new activities offered by Studapart partners. Users shall have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
In accordance with the CNIL deliberation No. 2013-378 of 5th December 2013, Studapart informs the Tenants that cookies record some information that is stored in the memory of their hard drives. This information is used to generate audience statistics for the Platform and to offer services in accordance with the services that Tenants have already selected during their previous website visits. An alert message in the form of a banner asks each person visiting the Platform if they wish to accept cookies. These cookies do not contain confidential information about the Tenant.
When going to the Platform’s home page or another page directly from a search engine, The Tenant shall be informed of:
- the precise purposes of the cookies used;
- the possibility of opposing these cookies and of changing the settings by clicking on a link in the banner;
- the fact that continuing to browse means that the Tenant agrees to the storage of cookies in his/her device.
To guarantee the free, informed and unequivocal consent of Tenants visiting the Platform, the banner shall not disappear until he/she has continued to browse.
Without prior consent, cookies shall not be stored and read:
- If the Tenant goes to the Platform (home page or directly to another page of the Site from a search engine, for example) and does not continue browsing: a simple lack of action shall not be equated with an expression of will;
- Or if the Tenant clicks on the link in the banner allowing him/her to set cookies and, if necessary, refuses the deposit of cookies.
ARTICLE 14: Listing, ranking and delisting of advertisements
The Tenant has the possibility to rank the results according to their relevance, increasing or decreasing price and distance. The Tenant is free to set the search engine filters (surface area, number of rooms, eligibility for APL [Personalised housing allowance], etc.).
The criteria for ranking the rental offers from Advertisers on the Platform’s search engine according to their relevance are:
- The criteria sought by the Tenant (location, rental price, etc.);
- The rate of completeness of the information on the Advertiser’s profile and his/her advertisement: the more complete the profile and the advertisement are, the more the advertisement will be highlighted in the search engine rankings on the Platform;
- The number of Bookings made on the Platform: the higher this number is, the more the Advertiser’s offers will be highlighted;
- The Advertiser’s response time to Tenant’s requests on the Platform: the faster the Advertiser responds, the more his/her offer will be highlighted in the search engine rankings on the Platform.
Once the property in question is booked on the Platform, the rental offer is automatically removed for the duration of the booking. In the event of violation of the rules of moderation of advertisements or violation of any of the Advertiser’s contractual, legal or regulatory obligations, the offer referenced on the Platform may be subject to delisting by Studapart.
In these circumstances, Studapart does not guarantee Tenants the maintenance of an offer over time on the Platform. Any offer is freely and directly managed by its Advertiser, who can modify and remove it at any time.
Article 15: Security
15.1 General information
The Tenant shall take all reasonable precautions to preserve the confidentiality of his/her username and password granting access to the Platform. In this regard, the Tenant shall:
- Not write his/her username or password anywhere and under any circumstances, even in coded form;
- Always use his/her login details away from prying eyes and ears;
- Refrain from entering his/her login details in front of third parties;
It is also strongly recommended that the Tenant regularly change the password required to access the Platform, by accessing his/her Tenant Space in “My account”, “My password” and clicking “Edit”.
When the Tenant changes his/her password, he/she shall ensure that the password does not contain easily identifiable combinations such as surname, first name, date of birth, or those of a relative (spouse, child , etc.) or a password used for other purposes (for example, for a personal mailbox, etc.).
Whenever possible, the Tenant shall ensure to choose a password that is sufficiently long and made of a combination of letters, numbers and upper and lower-case characters.
Studapart shall, at its discretion, impose an expiry date for the Tenant’s password beyond which he/she shall not be able to access the Platform and the services without first changing the password.
The Tenant shall also not store his/her login details on his/her computer, smartphone and/or tablet, nor send them through unsecured transmission channels such as email or SMS.
The Tenant is also responsible for erasing the information stored on his/her computer, smartphone and/or tablet after using the payment services, in particular deleting the cookies and history or deleting the data stored in the cache memory.
Internet is an open international telecommunications network which the Tenant can access through a computer, smartphone or tablet. To access the Platform and the services, the Tenant shall comply with the technical requirements (relating to the equipment and software) as described in these T&Cs.
The Tenant is required to take all the necessary measures to ensure that the technical characteristics of his/her computer, smartphone or tablet, as well as their software and Internet subscription, allow him/her to access the Platform in complete safety.
The Tenant is entirely responsible for the correct functioning of his/her computer equipment, as well as his/her Internet connection. As such, the Tenant shall ensure that this equipment does not present any problem or virus and has sufficient security to prevent the risk that a third party obtains access to his/her account and to the data that this space contains.
The Tenant shall do everything to preserve this security. For this, the Tenant shall ensure that there is no risk that hostile programs or viruses access and disrupt Studapart’s computer systems. The Tenant shall ensure the security of his/her computer, smartphone or tablet by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.
The Tenant assumes the technical risks related to a power cut, a connection cut, a faulty operation or networks or systems being overloaded.
The Tenant acknowledges that he/she shall contact the Internet service provider of his/her choice to access the Internet, the Platform and the services. In this respect, the Tenant recognises that it is up to him/her to choose an Internet service provider and to set the forms of relations with them.
Studapart shall not be liable for risks arising from the use of the Internet including the risks associated with remote data transmission by or to the Tenant, in particular, in the event of a conflict between the Tenant and this Internet service provider that relates to the confidential/personal nature of the data transmitted, cost of transmission, maintenance and interruptions of telephone lines, and Internet network.
The Tenant is responsible for using the services under the technical requirements in accordance with the safety instructions given by Studapart.
Under normal conditions, the services can be accessed through the Platform.
The Tenant shall log in to the Platform for a limited period of time and agrees to log out when he/she has finished using the services. As logging out from the Platform is not automatic, once logged in, the Tenant remains logged in to the Platform until he/she logs out by clicking on the “Log out” button from his/her Space.
15.2 Consequences of non-compliance with the T&Cs or the law
In the event of disregard of the provisions of these T&Cs, Studapart reserves the right to modify or terminate the Tenant’s access to the Platform at any time, without prior notice to the Tenant. In this case, the content and information of the Tenant will no longer be accessible. This information may however be stored and appear on the Platform.
In the event that Studapart observes a violation of the T&Cs of the Platform or reports an unlawful activity by means of the Platform by another user or any third party, Studapart reserves the right:
- To remove, without notice or compensation or right to reimbursement, any content of a Tenant who does not comply with the terms and conditions of use of the Platform and/or who would be likely to infringe the rights of a third party;
- In the event of a serious or repeated violation, to suspend the Tenant’s access rights to his/her Space.
Any content inaccessible to the Tenant or delisted from the Platform shall be kept by Studapart, in particular, but not limited to, in order to comply with specific legal obligations.
Moreover, and without prejudice to the above, the Tenant is informed that Studapart reserves the right to:
- Delete or remove any content or information that Studapart deems inappropriate, including the Advertiser’s content;
- Without prejudice to any legal action taken by third parties, take in a personal capacity any legal action aimed at compensating the damages that Studapart would have personally suffered as a result of breaches attributable to the Tenant under these T&Cs;
- If necessary, notify the competent authorities, cooperate with them and provide them with all the information useful for the investigation and suppression of illegal or illicit activities, in accordance with the legislation in force.
Any Tenant that witnesses a Tenant or Advertiser non-compliance with the obligations and guarantees set out in the T&Cs, is invited to report these actions by contacting Studapart as quickly as possible by email at firstname.lastname@example.org. Studapart shall request any additional information or clarification useful for processing the report.
15.3 Modification and termination of services
The Tenant can unsubscribe from the Platform at any time by sending a request to this effect to Studapart, solely by email. Studapart then sends the Tenant an email to confirm their unsubscription from the services. The unsubscription takes effect on the date of the email confirmation by Studapart.
The deletion of the account is final and the Tenant shall not be able to find his/her data. As soon as the account is deleted, the Tenant’s profile shall be automatically delisted from the Platform.
Studapart reserves the right to modify or stop offering all or part of the services at any time, at its free discretion. The Tenant is informed of these modifications and/or interruption by any useful means, within an indicative period of fifteen (15) days.
In the event that the Tenant fails to comply with these T&Cs, the Tenant does not comply with any stipulation of these T&Cs, or if the Tenant was accessing the services in violation of any law, rule or regulation applicable to Studapart, Studapart reserves the right to suspend or terminate the Tenant’s access to the services with immediate effect. The termination takes effect automatically from the date the Tenant is notified by post (letter) or email. The cancellation will result in the automatic deletion of the Tenant’s account, without prior notice.
The termination of the services, for any reason whatsoever, including in the event of withdrawal by Studapart under the conditions provided in the T&Cs and the legislation, leads to the deletion of the Tenant’s account, removing subsequent access to his/her account.
ARTICLE 16. Force majeure
Any event outside Studapart’s control and against which Studapart could not reasonably protect itself constitutes a force majeure and therefore suspends the obligations of the parties, such as, but not limited to: a strike or a technical breakdown (EDF, ERDF [French electricity providers], telecommunications operators, Internet or hosting providers, Registrars, etc.), an interruption of energy supply (such as electricity), a failure from the communication network electronics on which Studapart depends and/or networks that would replace it.
Studapart shall not be deemed to have failed to fulfil its obligations under these T&Cs and shall not be liable for any breach due to force majeure as defined by French legislation and jurisprudence so long as it has notified the other party and that it does its utmost to minimise the damage and perform its obligations as quickly as possible after the cessation of the force majeure.
Unless otherwise provided in these T&Cs, correspondence exchanged between Tenants and Studapart shall be handled by email through the Platform. Pursuant to Article 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the Parties state that information delivered by email is valid between the Parties unless a contradictory, certified and signed written notification questioning this computerised information is produced. Factors such as the time of reception or transmission, as well as the quality of the data received shall prevail as a priority as they appear on the Studapart information systems, or as authenticated by Studapart’s computerised procedures, unless the Tenant provides written proof to the contrary.
ARTICLE 17: General provisions
The provisions of these T&Cs express the entire agreement between the Tenants and Studapart. They prevail over any proposal or exchange of letters prior to and following their acceptance, as well as any other provision included in the documents exchanged between the parties relating to the subject of these T&Cs, unless the representatives of both parties duly sign an amendment.
Unless otherwise provided in these T&Cs, correspondence between the Owners and Studapart is handled by email through the Platform. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the Parties state that information delivered by email is valid between the Parties unless a contradictory, certified and signed written notification questioning this computerised information is produced.
Factors such as the time of reception or transmission, as well as the quality of the data received shall prevail as a priority as they appear on the Studapart information systems, or as authenticated by Studapart’s computerised procedures, unless the Owners provide written proof to the contrary.
The fact that a Party to these T&Cs has not required the application of any provision, whether permanently or temporarily, shall under no circumstances be considered as a waiver of the rights of that Party arising from such provision.
If one or more provisions of these T&Cs are held to be invalid or declared as such under any law, regulation or following a final decision from a competent jurisdiction, the other provisions of T&Cs shall remain in full force to their full extent. If necessary, Studapart shall immediately delete such provision and replace it with a legally valid provision.
In case of difficulty in interpretation between the title and the chapter of any of the articles and any of the provisions, the titles shall be deemed to be unwritten.
ARTICLE 18: Applicable law - Mediation
These T&Cs are governed by and interpreted in accordance with French legislation, without regard to the principles of conflict of laws.
In the event of a dispute that may arise during the interpretation and/or execution of these T&Cs or in connection with these T&Cs, Studapart and the Tenant shall mutually make every effort to find an amicable solution to solve all disputes to which these T&Cs may give rise.
Therefore, in the event of a dispute between a Tenant and Studapart, the parties agree to negotiate in good faith the settlement of the dispute.
Any person that possess consumer status, may, in the event of a dispute resulting from the application of the T&Cs, request free of charge the use of a consumer mediator, whom he/she can identify on the mediation-conso website. It is also possible to enter the online dispute resolution (ODR) platform available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR