Terms of service - YouFirst Campus Student Residences

Terms of Service 

Version dated 2021/04/26

YouFirst Campus Immobilier, a société en nom collectif (general partnership) with capital of €2000, registered in the Paris Trade and Companies Register under number 808 685 291 and whose registered office is at 16 rue des Capucines, 75002 Paris, France, provides users of its website campus.youfirst.co with access to advertisements for apartments available to rent in student residences and an online booking tool. 

Under these terms of service (hereinafter the “TOS”), YouFirst Campus Immobilier (hereinafter the “Publisher”) hereby notifies users (hereinafter the “Users”) of the operational rules for using the website (hereinafter the “Website”). They must be accepted in advance. 

By accessing this Website, Users agree to comply with these TOS. 

 

Acceptance — Enforceability — Entry into Force of the TOS 

By accessing this Website, Users acknowledge that they have read and understood these TOS and agree to follow them. They must be accepted in advance. By activating their account, Users agree to comply with the TOS, which can be accessed via the confirmation email sent to Users by clicking on the relevant link provided.  

The Publisher reserves the right to amend them at any time in order to ensure that they reflect changes made to the Website, in particular. Users therefore agree to consult them regularly. Users are deemed to accept this latest version each time they log in to the Website. 

 The new TOS will enter into force on the date they are posted on the website. If the TOS are amended, Users will have to accept these amended TOS before being able to access their account area. The new TOS will be binding on Users, who can view them when they log in and at any time by going to the “Terms and conditions” section. The online TOS prevail over any previous printed version. 

Users may only use the services available on the Website provided that they have read, understood and accepted these TOS. 

As a User, you declare that: 

  • You are of age, 
  • You have the capacity and resources to use and be a User of the website, 
  • You are capable of entering into an agreement, 
  • You are aware that your agreement does not require a handwritten or electronic signature. 

Users may save, edit and print these TOS. Users declare that they have received all of the necessary information from the Publisher about the operation, terms of access and use of the Website, and unreservedly accept these TOS. 

Purpose 

The purpose of the Website is to enable Users, remotely and free of charge: 

  • to look at adverts for accommodation available to rent in student residences, 
  • to submit an online application. 

Users’ actions or requests, as well as any information or documents exchanged between Users and the Publisher, using the Website, are subject to the provisions relating to emails pursuant to Articles 1125-1127 and Article 1127-4 of the French Civil Code. 

 

Website accessibility 

Any Users with Internet access may access the Website from any location. It is free of charge (excluding costs for Internet connections and telephone communications). 

As part of a best endeavours obligation, this Website can be accessed 24 hours a day, 7 days a week, except in cases of force majeure, computer failures or problems with telecommunications networks, third-party action(s) and/or maintenance work and action required in order to ensure that the Website operates properly. In this instance, Users will be notified of these types of interruptions through an alert on the homepage or through any other method. Under no circumstances may the Publisher be held liable for this interruption. In addition, this interruption will not carry any entitlement to any compensation.  

Creating a User account: in order to access the Website, Users must sign up beforehand by logging in to the Website and filling in the “Create an account” form.  

An email address, validation code and password are required as part of this process. Users agree to provide truthful and accurate information. 

Should Users wish to access the Website subsequently, they will be able to log in using their username and the password that they created when they logged in for the first time, after receiving an invitation from the Publisher to log in. 

Should Users lose or forget their password, they can reset it using the “Log in — Forgot your password?— Reset your password” form at any time.  

Users who are signed in to the Website may amend some of their details at any time, by going to the “Your profile” section. 

Users may cancel their account at any time by contacting YouFirst Campus Immobilier, DPO, 16 rue des Capucines, 75084 Paris Cedex 02, France, in writing, or by emailing protectiondesdonnees@gecina.fr. Should there be any doubts about their identity, Users may be asked to provide a copy of an identity document. 

Users’ usernames and passwords are strictly personal and confidential. Users are solely responsible for ensuring that their passwords remain secret and for any actions performed using them. Furthermore, Users acknowledge that they are solely responsible for any consequences arising from the disclosure or use of their passwords by a third party. 

Logging in using a password is presumed to be solely done by the User to whom the password belongs. 

Deleting an account: The Publisher reserves the right to immediately cancel Users’ accounts without notice under the following circumstances: 

  • any account usage that does comply with these TOS; 
  • any excessive, violent, abusive or inappropriate language or remarks contained in any actions or requests that Users are requested to perform via the Website; 
  • any unauthorised sign-in attempts through fraudulent use of the system or theft of access codes. 

 

Liability 

The Publisher is subject to a best-efforts obligation and is liable for direct damages only. Neither the Publisher nor its directors, employees or other representatives may be held liable for any inability to access the Website due to specific settings in Users’ IT equipment or due to their Internet access. 

In general, the Publisher may not be held liable for the quality of the service, any usage disruption or inability to use the Website, or any IT security breaches that may damage Users’ computer hardware and their data. 

Users acknowledge that, notwithstanding all of the resources that the Publisher uses, the Internet and telecoms networks have specific technical characteristics that make it impossible to guarantee uninterrupted access to the Website and the Website’s response time. 

The Publisher cannot be held liable for any viruses that could infect computers or any computer equipment belonging to Users, as a result of using, accessing or downloading from the Website. 

Users may contact the Publisher by using the email address provided in the legal notice, which can be accessed via the following link: “Legal notice”. 

This Website’s Publisher will make every effort to ensure that the information published on this Website is accurate and up-to-date. It reserves the right to amend the content on this Website at any time and without prior notice. However, the Publisher cannot guarantee that it is complete or that it has not been amended by a third party (such as a hacking or a virus). 

Despite these regular updates, the Publisher cannot be held liable for any changes to administrative and legal provisions that occur after any information has been published. 

This Publisher of this Website will make every effort to ensure that the information published on this Website is accurate and up-to-date. It reserves the right to amend the content on this Website at any time and without prior notice. However, the Publisher cannot guarantee that it is complete or that it has not been amended by a third party (such as a hacking or a virus). 

All information that can be accessed via this Website is provided as is. The Publisher makes no explicit or implied guarantees about using this information and will not be held liable for its use. Users alone are liable for using this information.  

Users are advised that the content of this Website is for information purposes only. The information on the Website cannot be treated as a public offering, solicitation or prospecting by the Publisher towards Users. 

The Publisher reserves the right to amend this information at any time, including by updating this Website. The Publisher will not be held liable for any damages, whether direct or indirect, resulting from any information contained on this Website.  

Users agree not to share any information on this Website that could lead to third-party or criminal liability and agree not to disclose any information that is unlawful, damaging to public order or defamatory through this Website.  

The Publisher cannot be held liable for any breach of these Terms of Service by Users. 

 

Intellectual Property 

The Website’s content is exclusively owned by the Publisher. This Website must be viewed as an indivisible whole. Any materials featuring therein (such as information, data, text, sounds, images, drawings, graphics, distinctive signs, logos and trademarks), and, generally speaking, any information and/or documents contained in and on the Website, as well as any materials created for the Website, are either exclusively owned by the Publisher, or are covered by exploitation, usage, reproduction and/or performance rights granted to the Publisher. 

These information, documents and materials are subject to copyright regulations, including the provisions of the French Intellectual Property Code, in particular. As such, they are protected against any usage not authorised by the law or these Terms of Service. 

These TOS do not entail any intellectual property rights associated with the Website or its materials being assigned to Users. The Publisher grants basic personal, non-transferable and non-exclusive usage rights over the Website to Users. These rights will be granted solely for their requirements and will be strictly intended for the Website’s purpose. 

These materials may only be reproduced for information purposes. In addition, they may only be reproduced and/or copied for private and personal use. Users are prohibited from reproducing, representing or disseminating this Website’s content, either fully or partially, on any medium or using any method. Any breach of this rule is an act of forgery which could result in third-party or criminal liability for the counterfeiter. 

In particular, Users are strictly prohibited from using or reproducing the “YOUFIRST” name and/or its logo, separately or together, in any way, and, in particular, for advertising purposes, without prior written agreement from the Publisher. Similarly, downloading or any other form of copying any software or information on the Website does not confer any rights over them. Users are strictly prohibited from reproducing (fully or partially), disseminating (electronically or in any other way) and modifying them. They are also prohibited from using this Website for public or commercial purposes without prior written agreement from the Publisher. 

Users will refrain from any action that may directly or indirectly infringe the Publisher’s property rights or any third-party property rights over the Website’s materials, where applicable. Users are therefore prohibited from modifying files, documents, data, information or any materials belonging to the Publisher or third parties. 

Users undertake to take all necessary measures to protect the intellectual property rights associated with the Website. 

Users undertake not to reproduce, forward, sell or distribute the Website’s content. 

 

Collection and Processing of Personal Data 

In order to ensure that the Website operates properly, Users must provide accurate and up-to-date personal information. 

When creating an application file, the Publisher has to collect a variety of personal data from prospects for the purposes of considering the application and negotiating any potential leases. This data is included in the account, which can be accessed by the Users.  

In addition, the Publisher, as the Website administrator, processes data for providing technical management over the Website (access, user rights, hosting and maintenance, as well as Website and data security).  

The data collected are essential for these operations. 

For this purpose, the Publisher agrees to comply with the applicable regulations on personal-data protection and, in particular, to inform individuals covered by this privacy policy that their data is being processed. This policy can be accessed via the following link. “Personal-Data Protection Policy”.  

Under the General Data Protection Regulation 2016/679 of 27 April 2016 (“GDPR”) and amended Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (the “Information Technology and Civil Liberties” law), Users have the right to access, correct and delete their personal data, as well as the right to restrict processing, data portability rights, the right to object to this data being processed (for legitimate reasons) and the right to set out instructions on what should be done with their data after they die. 

Users may exercise these rights by emailing the Publisher’s DPO at: protectiondesdonnees@gecina.fr  

Requests from Users will be processed as soon as possible. Should there be any doubts about a requester’s identity, they will be asked to attach a copy of their proof of identity, so that the necessary checks can be carried out. 

 

Cookies 

In order to deliver a pleasant user experience on the Website and make it possible to use some features, cookies are used.  

If you would like more information about cookies, please go to the following link: “Cookies”. 

 

Security 

The Publisher makes every effort to ensure that the Website is secure, but cannot guarantee absolute security, given the complex nature of the Internet. Connections to and exchanges of data with the Website are secure. The Website uses secure SSL encrypted exchanges. 

Users agree not to damage, illegally access or modify data stored on the Publisher’s server. 

 

Applicable Law and Jurisdiction 

These provisions are governed exclusively by French law. The official language of the TOS is French, notwithstanding their translation into one or more foreign languages. 

Should there be any lawsuits or claims filed by Users, the Publisher or any third party, only the current version of these TOS that can accessed on the Website will be binding upon the parties, irrespective of the date when the alleged events occurred. 

Failure to enforce any of the provisions in these TOS will not be deemed to be an acceptance of the infringement, the non-compliance or any subsequent breach of the aforementioned provision. 

ANY DISPUTES, CLAIMS OR LEGAL PROCEEDINGS RELATING TO THE CONCLUSION, EXECUTION OR TERMINATION OF THESE TOS WILL BE GOVERNED BY FRENCH LAW. THE SAME APPLIES IN RESPECT OF RULES OF SUBSTANCE OR PROCEDURE, REGARDLESS OF WHERE THE DAMAGE IS SUSTAINED OR THE INTRODUCTION OF THIRD PARTIES, AND IN RESPECT OF INTERLOCUTORY, SUMMARY, PROVISIONAL OR EX-PARTE PROCEEDINGS, SUBJECT TO ANY MANDATORY PUBLIC POLICY PROVISIONS. FRENCH COURTS WILL HAVE JURISDICTION IN RESPECT OF ONLINE USERS LOCATED ON FRENCH TERRITORY. 

If you have any questions about how these TOS are applied, please contact the Publisher using the contact information included in the legal notice in the following link: “Legal notice”.