"These Terms & Conditions are written in the French language and accompanied by a translation into English for information purposes only. Only the French version of the Terms & Conditions is binding on the parties".
These Terms and Conditions of Use, [as well as any specific conditions appearing on the pages of the website], describe the conditions under which CLEVERPLACE (hereinafter "CLEVERPLACE" or the "Company") offers access to its website https://cleverplace.io and https://cleverplace.fr, and govern the use of the website and the services it offers.These Terms and Conditions of Use apply to services offered from the domain name or subdomain https://cleverplace.io and https://cleverplace.fr. By using the website and its services, the user acknowledges having read and accepted the following conditions.Before using the services offered by CLEVERPLACE, the user ("User") must carefully read and accept all the Conditions of Use of the CLEVERPLACE website. If the User does not accept these Terms and Conditions of Use, he/she must not use the website and services.
This site is published and hosted by:CLEVERPLACE - (S.A.S. – a type of French company) with registered office: 8, rue centrale - 06300 Nice - France Tel. +334 93 790 790CLEVERPLACE is registered in the Trade and Companies Register under the number Nice B 838 371 151 - holder of the license no. 838 3/1 151 issued by the Alpes Maritimes prefecture on 09/17/2018.CLEVERPLACE is also the licensed for the business of transactions on buildings and business assets, license no. CPI 0605 2018 2018 000 035 700 issued by the CCI of Nice-Côte d'Azur,CLEVERPLACE has a professional civil insurance policy with the insurance company HISCOX, policy number HRCP10120-1.CLEVERPLACE also has a professional civil insurance policy as part of its real estate business with the insurance company ADD VALUE ASSURANCE - 2 boulevard de la gare - 95210 St GRATIEN with policy number AMRCP100468-1Director of publication: Irwin FAVEREThe company CLEVERPLACE, in particular through the website https://cleverplace.io or sub-domains and https://cleverplace.fr or sub-domains, undertakes to comply with all laws concerning the establishment and operation of a website.
Cashback: refers to the amount of money in Euros corresponding to a percentage of commission(s) received by CLEVERPLACE for the purchase of a property made on the CLEVERPLACE website and which, under certain conditions, can be returned to the User;
Account: refers to the User's personal account accessible on the Site and on which the total amount of Cashback that may be collected by the User is shown. The Account is not a bank account but a technical representation of the Cashback;
Conditions of Use or Conditions: refers to the conditions of use in force on the day of registration on the CLEVERPLACE website;
Content: refers to any information, data, words and content that may in particular be protected by copyright, design law, trademark law such as intellectual works, audiovisual works, multimedia works, trademarks or logos that the User may access on the Site;
Cookie: refers to any file stored by the web browser on the user's hard drive that is used to record information about his or her visit;
Personal Data: refers to all personal information concerning the User;
Developer: refers to the real estate developer whose properties are offered for sale on the CLEVERPLACE website;
Services: refers to all the services offered on the CLEVERPLACE website;
Customer Service: refers to CLEVERPLACE's customer service to be contacted in the event of any complaint from the User in accordance with the terms specified in article 13 of these Conditions;
Site: refers to the website currently accessible at https://cleverplace.io or https://cleverplace.fr and sub-domains, which can be modified by CLEVERPLACE;
Company: refers to the company CLEVERPLACE;
User(s): refers to any natural person of at least 18 years of age residing in France accessing the CLEVERPLACE website;
Use of the Site
This Site is made available free of charge to the User for his or her personal use, subject to compliance with the Conditions defined below. The use of the Site implies the full and complete acceptance of all these Conditions of Use by the User.
During the use of the Site and the Services of the company CLEVERPLACE, the User undertakes not to:
publish Content on the Site,violate any laws, third party or CLEVERPLACE rights, regulations or these Terms,use the Site and Services, if not legally able to enter into contracts or if under 18 years of age,fail to take security measures to protect their password; use the Company's Services with another person's ID or password, or authorize another person (directly or indirectly) to use the User's ID or password,or make viruses or other computer code or programs available that may harm CLEVERPLACE, to its interests or the property of users of the Company's Services,copy, modify or distribute Content from the Company's sites, copyrights and trademarks,and in any way collect information about users of the Site, including e-mail addresses.
In addition, the User undertakes to:
use the Website and the Services for personal and private use,not use any device having the purpose and/or effect of affecting the proper functioning of the Website and/or the Services it contains,not access and/or use the Website and/or the Services provided by the Company on the Website for illegal purposes and/or with the purpose of causing damage to the reputation and image of the Company or more generally to infringe rights, particularly intellectual property rights, of the Company and/or third parties,not to reproduce or reuse all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third partiesnot to contravene the provisions of Articles 323-1 to 323-7 of the Criminal Code punishing so-called "hacking" practices,and not to attempt to access the databases of the Website for the purposes in particular of using and/or exploiting the electronic and/or postal details of other Users of the Website.
CLEVERPLACE reserves the right, at any time, without notice and without compensation of any kind, to prohibit or restrict the User's access to all or part of the Site and Services in the event of non-compliance with these Conditions, without prejudice to any action, complaint or claim for compensation that CLEVERPLACE may initiate against the User as a result of such non-compliance.
When registering on the Site, the User provides various information. In order for the registration to be valid, all mandatory fields must be filled in truthfully, the User must also provide a valid e-mail address when registering and is required to maintain its validity throughout the use of the Site.This information, for use exclusively in connection with the activity of CLEVERPLACE (identifiers accessible only to CLEVERPLACE employees and partners), is strictly confidential and the User undertakes not to communicate it to third parties, and if necessary, the User remains solely responsible for the use that may be made of it.In the event of loss, misappropriation or unauthorized use of his or her identifiers and passwords, the User must immediately inform CLEVERPLACE, which may block access to the User Account and/or give a new password in order to reconfigure access.
How it works
Acquisition of Cashback
Each Purchase made by a User entirely through CLEVERPLACE on the Site generates an intermediation fee paid by the Promoter to CLEVERPLACE. Part of this intermediation fee is then paid to the User by CLEVERPLACE in the form of a retrocession, called "Cashback".As such, CLEVERPLACE is not entrusted with funds intended for a User but potentially transfers to the latter a part of the intermediation commission it receives from a Developer.45% of the intermediation commission (excluding VAT) received by CLEVERPLACE for the sale of a property is paid to the User.When the reservation or purchase of a property is completed and the User has followed the recommendations of CLEVERPLACE to obtain the Cashback, a validation process is initiated.CLEVERPLACE manually validates the Cashback with the Promoter and updates the Cashback status within the User's Account to confirm it. The Cashback will be visible in the "My Bookings" section of the User's Account.
The different steps of validation of the Cashback are as follows:
Registration: this step means that the Cashback has been recorded by CLEVERPLACE.Verification in progress: CLEVERPLACE contractually ensures with the Promoter that CLEVERPLACE will indeed be commissioned for the purchase of the property.Validation: Cashback has been confirmed and will be available when CLEVERPLACE has received the intermediation fee corresponding to the Purchase from the Developer.
Refusal: CLEVERPLACE is not commissioned for the User's Purchase, so CLEVERPLACE will not be able to assign a Cashback to the User, in which case CLEVERPLACE invites the User to contact Customer Service for further information.
Conditions for the transfer of the Cashback
Payment of the Cashback is only made by CLEVERPLACE by bank transfer to the User's account once the intermediation fee has been fully collected by CLEVERPLACE, and the Cashback will be sent to the bank account given by the User in the Cashback refund request form.It is therefore the User's responsibility to provide reliable and accurate bank details and to ensure that they remain so throughout the procedure.CLEVERPLACE undertakes not to distribute this information and to use it solely for the purpose of transferring the Cashback to the User.CLEVERPLACE cannot be held responsible for the loss of the User's Cashback in the event of the User communicating incorrect bank details.
Putting you in touch with a credit institution and/or a real estate investment advisor
CLEVERPLACE provides on its Site the name and contact details of credit institutions likely to finance the Purchase of a property for Users or financial investment advisors likely to provide useful advice to Users on property financing. It is the User's responsibility to contact and enter into direct contact with these financial investment advisors and/or credit institutions.CLEVERPLACE does not provide any advice in the field of real estate loans within the meaning of Article L. 519-1-1 of the French Monetary and Financial Code. CLEVERPLACE has a simple role as an indicator within the meaning of Article R.519-2 of the French Monetary and Financial Code and does not provide any financial investment advice, documents or information that goes beyond this. CLEVERPLACE is also not authorized as an intermediary in banking operations and payment services ("IOBSP").
Additional support by Third Parties
Users may, if they so wish, use the services of third party technical service providers ("Third Parties") to assist them whilst purchasing a property. These Third Parties provide support services to Users in terms of monitoring the progress of the construction of the property, technical explanations relating to the movable property purchased or interior or exterior real estate fittings.CLEVERPLACE may be mandated by the Users to pay for the services of these Third Parties in their name and on their behalf. In this case, the cost of the Third Party's services will be charged against the Cashback, if applicable.CLEVERPLACE will then be responsible for paying the amount of the Cashback to the Third Parties in payment for the services provided by the Third Parties to the Users.CLEVERPLACE will invoice on behalf of the Third Parties, the amount of their services and will ensure the reimbursement of the amount of their invoices through the use of Cashback.If the cost of the Third Party's services exceeds the amount of the Cashback, the Users shall then pay directly to the Third Party the difference between the amount corresponding to the amount of their services and the amount of the Cashback deducted.
CLEVERPLACE has set up a sponsorship program under which a User acting as a Sponsor may sponsor a new User for the Purchase of a property. The sponsorship program is governed by the "Sponsorship Campaign" document. A User who is validly recognized as a "Sponsor" under the terms of the sponsorship procedure described in the document "Sponsorship Program" benefits from a sponsorship Cashback of 5% of the intermediation commission (HT) received by CLEVERPLACE for the sale of real estate paid in the form of a gift card to the sponsored User under the conditions of the Sponsorship Campaign document.A Sponsor may benefit from his or her Sponsorship gift cards at any time provided that the Sponsorship Cashback has been validly confirmed by CLEVERPLACE.
Nature and purpose of the data collected
The Personal Data collected are those that the User has voluntarily provided to CLEVERPLACE on the Site as well as those that the User will be required to provide to CLEVERPLACE later in the course of using the Site.
Storage period - Right of access, modification, rectification, deletion of data
Les Données Personnelles sont susceptibles d'être conservées pendant une durée qui ne saurait excéder la durée légale.In accordance with the General Data Protection Regulation (GDPR), which came into force on 05/25/2018, and with the French legislation in force (art. 40 of the law relating to data processing, files and freedoms of 01/06/1978 amended by the law of 08/06/2004), the User has the right to access, modify, correct and delete his or her personal data.
To exercise this right, the User must write on this page or email firstname.lastname@example.org or send a letter to the following postal address:
Marketing Department8 rue centrale06300 NICEFRANCE
The Site has been designed to meet the needs of Users.Cookies are data stored in the User's computer to facilitate the User's navigation and access of web pages on the Site.
Purpose of cookies
Cookies are used for the purposes described below, subject to the settings that the User may specify and alter at any time via the settings of the browser software used when accessing the Site.
Cookies issued on the site allow:
Storage of information relating to a form that the User has filled in on the Site (registration or access to his or her Account) or the pages of the services or information that the User has visited on the Site,to record statistics and usage data and use of the various components of the Site in order to allow CLEVERPLACE to improve the look and feel of the Site.
The User may disable or delete "cookies" by configuring his or her computer according to the browser he or she uses. However, disabling or deleting cookies may prevent the User from navigating the Site properly and prevent access to some of its features. The browser's help menu will tell you how to set or change your cookie preferences:
Your data is stored on CLEVERPLACE computer systems. CLEVERPLACE considers data as an asset that must be protected and uses many tools (encryption, passwords, physical security, etc.) to protect it from unauthorized access or disclosure.However, third parties may intercept or illegally access private mailings or communications, so although CLEVERPLACE makes every effort to ensure that the User's privacy is respected, CLEVERPLACE cannot guarantee that the User's personal data or private communications will always remain anonymous.
Changes to these terms
All the general structure of the Site as well as all the Content appearing on the Site are protected by copyright and trademarks. This structure and content, databases, as well as other intellectual property rights belong to CLEVERPLACE, or CLEVERPLACE is the legitimate licensee.Any reuse, reproduction, modification, assignment, concession, misrepresentation, production of derivative works of, and/or total or partial exploitation of the Website and/or its Content and/or Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of their owner, is prohibited and constitutes acts of copyright infringement.
The photographs, illustrations, graphics, plans, illustrating the Real Estate Announcements, in support of the text of the offers, do not fall within the scope of the contract.If errors have been made, the Company and its Subsidiaries cannot be held liable under any circumstances, and the details of the properties for sale and rental as well as their price, despite the care taken by Cleverplace, are given subject to input or availability errors at the time of being accessed.
Limitation of liability and warranty exclusions
CLEVERPLACE reserves the right, at its sole discretion, to modify, discontinue or delete any element of the Site and/or Services.As part of its policy to update and optimize the Site and Services, CLEVERPLACE may decide to modify these Terms and Conditions, and CLEVERPLACE reserves the right to modify, interrupt or terminate any or all of its Services without notice and without compensation.The applicable Conditions are those in force and accessible on the Site on the date of accessing the Website by the User, the User acknowledges that he/she has the necessary skills and means to access and use the Site, that he/she has verified that the computer configuration used by him/her does not contain any viruses and that it is in good working condition.The User is solely responsible for the use he or she makes of the Site and the Services which he or she accesses from the Website, and the Company may under no circumstances be held liable in any proceedings brought against the User who is guilty of non-compliant use of the Website and/or the Services it provides.The User acknowledges and accepts that he/she will be personally responsible for any claim or proceeding brought against the Company as a result of the User's non-compliant use of the Services and/or the Website.
In any event, the Company cannot be held liable:
in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of Internet network connectivity due to public or private operators, in particular for the User, arising in particular from strikes, storms, floods, earthquakes or any other cause having the characteristics of force majeure,in the event of use of the Services by a User under conditions not in accordance with these Terms and Conditions of Use,within the limits of the legislation in force, for any indirect damage, including in particular loss of profit, data or any other loss of intangible property, even if the Company has been informed of the potential of such damage, which may occur (i) from the use or inability to use the Services (ii) following access to the Services by an unauthorized User.
The Company shall not be held liable for any malfunction of any kind whatsoever relating to the User's computer equipment or Internet access connection when accessing the Website and, more generally, the Services.
In particular, the Company cannot guarantee to the User:
speed of access to the Site and/or the speed of the User's computer buffering of videos accessible via the Services,the quality of text, information, descriptions, photographs and videos associated with the real estate advertisements published on the Site.
In the event of a breach of contract by CLEVERPLACE, its liability shall not exceed the amount of the Cashback to be paid to the User as part of a real estate transaction.CLEVERPLACE shall not be held liable for any indirect damage suffered by the User and in particular loss of profit, loss of opportunity, etc.The Company makes available to the User, through its Site, access to a certain number of Services intended to assist him/her in the context of his/her real estate objectives, the information provided on this site is not of a contractual nature.
The User is fully aware that:
The Company cannot undertake that the Site will meet his or her particular needs,in particular the Company cannot guarantee the follow-up to advertisements for the sale of real estate that he or she has consulted on the Site.
The Site contains hypertext links allowing direct access to other Content.CLEVERPLACE cannot permanently control such Content and cannot be held responsible for the Content of such sites for any reason whatsoever and disclaims any liability in the event that such Content fails to comply with legal, regulatory or contractual obligations, or if the Site is affected by viruses or any other computer code or programs of a destructive nature.Under no circumstances may CLEVERPLACE be held liable for any operating, financial or commercial loss or for any loss of programs or data in the User's information systems or otherwise;Users of the Site may not set up a hyperlink to the User without the prior and express authorization of CLEVERPLACE.
Impersonal examples of financing and tax exemptions
CLEVERPLACE offers on its Site impersonal simulations of financing or tax exemptions. No information disseminated on these simulators of the Site may constitute an incentive to invest or carry out transactions or constitute financial investment advice within the meaning of the French Monetary and Financial Code;these examples and simulations, as Services of the Site, have only an indicative, impersonal value and do not correspond to the particular circumstances of a given User.The User wishing to study in greater detail examples of tax exemptions or financing plans adapted to his or her personal circumstances, in particular with assurance as to the proposed result, must request a personalised analysis from any appropriately qualified professional of his or her choice, who will be solely responsible for the result.
Prices and stocks
The prices of the properties offered on the site can be modified at any time,he offers of real estate schemes are provided within the limits of available inventory,delivery times and prices are shown at the time of signing a preliminary contract.
Any complaint regarding the use of the Site must be addressed through the contact form or to the following postal address:
Customer Service8 rue centrale06300 NICEFRANCE
Applicable Law - Attribution of Jurisdiction - Dispute Resolution
These Conditions are subject to French law. Any dispute of any nature whatsoever relating to the application of these Conditions and the use of the Site must, in the absence of an amicable agreement between the parties, be brought solely before the competent French courts.
CLEVERPLACE Users may use a consumer mediator free of charge to resolve amicably any dispute between them and CLEVERPLACE within the framework of the contracts between them.
The dispute cannot be examined by the consumer ombudsman:
if the User does not justify having attempted to resolve the dispute directly with the subsidiary concerned by a written complaint in accordance with the terms of the contract between them, if any,if the User's request is manifestly unfounded or abusive,if the dispute has previously been examined or is being examined by another mediator or by a court,if the User has submitted his or her request to the mediator within a period exceeding one year from his or her written complaint to the subsidiary concerned,if the dispute does not fall within the competence of the mediator.
The mediator has a website that allows the User to submit an application online, it being specified that mediation by post is always possible.
In accordance with Article L 611-1 of the Consumer Code, the consumer is informed that he or she may refer the matter to a consumer ombudsman under the conditions provided for in Articles L 611-1 et seq. of the Consumer Code, whose contact details are: Association MEDIMMOCONSO, 3 avenue Adrien Moisant, 78 400 CHATOU Mail : email@example.com Website : http://medimmoconso.fr