Owner Terms of Use
Terms and Conditions of Use of the Cloe Platform for property owners
The company CLOE (hereinafter referred to as "CLOE") is a simplified joint-stock company with a share capital of €1,000.00, whose registered office is located at 54, rue Coriolis – 75012 Paris, registered with the Paris Trade and Companies Register under number B 899 119 192.
CLOE's activity is the publishing, development and provision of web and/or mobile platforms enabling universities or schools to provide their students with a personalised and efficient tool dedicated to the search for student accommodation near their campuses and universities. CLOE also publishes the site cloe-edu.fr.
The platform enables property owners and landlords to post rental listings.
These Terms and Conditions of Use (hereinafter referred to as the "TOU") define the legal framework for the use of the Platforms published by CLOE by property owners. These TOU also contain information relating to the rights and restrictions imposed on those rights by laws or regulations.
CLOE can be contacted by e-mail at contact@cloe-edu.com.
Table of Contents
ARTICLE 1: Definitions
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;
- Owner Space: refers to the virtual space allocated to Owners, accessible by entering login credentials;
- Personal Data: refers to personal data within the meaning of the European regulation on the protection of personal data collected, transmitted or processed by CLOE to identify or make identifiable any natural person.
- Intellectual Property Rights: refers to all 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;
- Booking Fees: refers to the fees paid by the Tenant to CLOE when booking accommodation via the Platform;
- Listing(s): refers to any rental offer for accommodation listed on the Platform;
- Owner: refers to the natural or legal person who owns accommodation and has an account and Owner Space on the Platform;
- Platform(s): refers to the platform(s) published by CLOE and all created content including graphic design, frames, banners, flash and video animations, source code, html code and programming;
- Booking: refers to any booking of accommodation made by the Tenant via the Platform with an Owner resulting in the payment of the 1st month's rent.
ARTICLE 2: Purpose and Scope
CLOE is the first matchmaking platform allowing rental candidates to quickly and easily find accommodation from Owners who have published a Listing.
By using the Platform, the Owner declares unreserved acceptance of these TOU and acknowledges having read and understood the provisions herein. At any time, if the Owner disagrees with any clause of the TOU, they must immediately cease using the Platform and associated services.
The Owner Space is not intended for real estate agencies, property managers, management companies, and student residences. The TOU are not applicable to agencies and residences with a dedicated space subject to separate terms of use.
ARTICLE 3: Entry into force – Duration
These TOU apply throughout the entire period of navigation and access to the Platform. The Owner is free to close their account at any time and is not bound by any duration commitment to CLOE.
CLOE reserves the right to modify these TOU at any time by indicating its update date in the header.
Any modification will take effect upon acceptance. The Owner agrees to be notified of updated TOU by their publication on the Platform or any other form of notification.
ARTICLE 4: Creating a CLOE account
To access all of the Platform's features, the Owner must create an account. Navigation and access to information on the Platform are subject to the Owner's registration.
The Owner must, upon registration, provide the following mandatory information:
- Gender;
- First and last name;
- Email address;
- Phone number;
- Password.
Once the CLOE account is validated, the Owner receives a confirmation email. The Owner can then access account features and submit information allowing CLOE to publish their Listings.
Respect for Platform use: In the event of a Booking request or any other contact from a Tenant via the Platform, the Owner undertakes to finalise the Booking via the Platform exclusively. It is expressly prohibited to bypass the use of the Platform to conclude any agreement with the Tenant for the rental of a listed property.
ARTICLE 5: Services
Creating a CLOE account allows Owners to access certain features available on the Platform, including:
- Posting an accommodation Listing;
- Broadcasting this offer on the Platform and, optionally, on partner networks;
- Receiving online payment for the accommodation booking;
- Subscribing to an unpaid rent guarantee (optional).
ARTICLE 6: Posting Listings
Creating a CLOE account allows Owners to post rental Listings.
General information: The Owner must indicate the location, type of listing, type of property, whether furnished or not, and characteristics of the accommodation.
Details: The Owner must provide a description of at least one hundred and fifty characters.
Rental conditions: The Owner must indicate the rent excluding charges, charges amount, eligibility for State aid, availability dates and minimum stay.
Photos: The Owner may upload photographs of the accommodation. They guarantee these photographs correspond to the listed accommodation.
Listing Reach – Multi-broadcasting: The Listing is published on the Platform and may be published on third-party platforms unless the Owner objects.
Listing ranking criteria include: Tenant search criteria, profile completion rate, number of Bookings, and Owner response time.
ARTICLE 7: Listing Moderation
7.1 Listing Distribution: The Owner undertakes to complete all requested information, and not to publish any obscene, injurious content or content infringing third-party rights.
The Owner guarantees being the owner of the accommodation or having all necessary authorisations to offer it for rental.
7.2 Listing Moderation: In the event of TOU violations, CLOE reserves the right to modify or terminate the Owner's access at any time and to remove any non-compliant Listing without prior notice.
ARTICLE 8: Payment Conditions
The Owner undertakes to provide CLOE with their date of birth, address, and up-to-date bank details (RIB). Otherwise, no Booking can be made.
CLOE is not a banking establishment or payment service provider. All payment intermediary services are provided by Stripe, an approved partner. Please refer to Stripe's terms at www.Stripe.com/fr/legal.
For the Booking, only the first month's rent is paid by the Tenant via the Platform. Within 48 hours of the rental start date, this amount is released in full to the Owner.
ARTICLE 9: Unpaid Rent Guarantee
CLOE provides Owners with documentation relating to the unpaid rent guarantee in the Appendix. The Owner is free not to subscribe to this guarantee, which is offered as an optional, free add-on.
CLOE is not an insurance company. Insurance services are provided by Allianz and the broker INSURED Services.
Any dispute or claim relating to CLOE's insurance intermediary mandate must be submitted to INSURED Service. The CLOE support team is also available at: contact@cloe-edu.com.
ARTICLE 10: Liability
CLOE is a property booking platform. CLOE's services are strictly limited to the features available on the Platform and cannot substitute the services and advice of a real estate professional.
Owners are solely responsible for their use of the Platform. CLOE is not responsible for disputes between Owners and Tenants.
The Owner is solely responsible for selecting the Tenant, verifying documents, and concluding the lease.
Decent accommodation: The Owner undertakes to offer decent accommodation meeting legal standards including minimum surface area of 9 m², access to natural light, kitchen area, bathroom and separate toilet.
Smoke detector: Owners guarantee having installed at least one standardised smoke detector in all living spaces.
ARTICLE 11: Cancellation Conditions
Owners cannot cancel a Booking made on the Platform.
Cancellation by Tenant: - More than 30 days before arrival: full refund to Tenant. - Less than 30 days before arrival (non-force majeure): first month's rent paid to Owner. - Less than 30 days before arrival (force majeure: uninhabitable property, property not matching Listing, etc.): first month's rent not paid to Owner.
ARTICLE 12: Intellectual Property Rights
"CLOE" is a trademark registered with INPI.
CLOE is the exclusive owner of intellectual rights on the Platform including all texts, illustrations, videos and images reproduced on the Platform.
By using the Platform and accepting the TOU, the Owner grants CLOE a non-exclusive, royalty-free, worldwide, irrevocable, sublicensable licence to use the content published by the Owner on the Platform.
ARTICLE 13: Personal Data Protection and Confidentiality
Upon first connection, the Owner expressly consents to the processing of their Personal Data to the extent strictly necessary for the proper functioning of the Platform.
CLOE will implement all technical and organisational measures necessary to comply with Personal Data protection.
13.1 Use and Transmission of Personal Data: Data is processed for account creation, listing creation, content publication and audience statistics.
13.2 Rights of access, modification, objection, portability and deletion: The Owner may exercise these rights by writing to: contact@cloe-edu.com
13.3 CLOE Newsletters: Owners may opt in to receive the CLOE newsletter and may unsubscribe at any time via the link in each newsletter.
13.4 Use of cookies: CLOE informs Owners that cookies record certain information stored on their device to generate audience statistics and personalise services.
ARTICLE 14: Technical Provisions
Services are provided as-is. CLOE does not guarantee error-free, uninterrupted or secure provision of services via the Platform. CLOE disclaims all express or implied warranties regarding the quality and compatibility of the Platform.
ARTICLE 15: Security
15.1 General: The Owner undertakes to take all reasonable precautions to preserve the confidentiality of their login credentials. It is strongly recommended to change the password regularly.
15.2 Modification and termination of services: The Owner may unsubscribe at any time by clicking the "delete account" button in their Owner Space. Account deletion is permanent and all Listings will be automatically de-listed.
ARTICLE 16: Force Majeure
Any event beyond CLOE's control and against which CLOE could not reasonably have protected itself constitutes force majeure and suspends the parties' obligations, including, without limitation, strikes, technical failures, energy supply disruptions, or electronic communications network failures.
ARTICLE 17: Entirety
The provisions of these TOU express the entire agreement between Owners and CLOE and prevail over any previous or subsequent proposals and exchanges of letters, as well as any other provisions in documents exchanged between the parties relating to the subject matter of the TOU.
ARTICLE 18: General Provisions
The failure of either party to require the application of any clause shall not be deemed a waiver of that party's rights arising from such clause.
If any provision of these TOU is held invalid, the other provisions shall remain in full force and effect.
ARTICLE 19: Applicable Law
These TOU are governed by and construed in accordance with French law. In the event of a dispute, the parties undertake to make every effort to resolve it amicably.
APPENDIX
INFORMATION NOTICE ON PARTICULAR CONDITIONS FOR RENTAL GUARANTEES N° 60 128 547 AND LEGAL PROTECTION N°788770