Terms and conditions of use

These Terms and conditions of use (hereafter the “TCU”) describe the terms and conditions within which the company KLEY SAS (hereafter “the Company”) proposes, via the KLEY website and Smartphone application edited by it, the reservation of student accommodation.

By signing up to the Platform and using the Services provided by the Company, the User accepts and undertakes to unreservedly comply with all of these Terms and conditions of use.

In the framework hereof, the following terms are defined:
• Personal data: data relating to the User allowing him/her to be identified or to make him/her identifiable.
• Reservation space: Space accessible to the User via login data after acceptance by the Company of the reservation request.
• Guarantor: User undertaking with regard to the Company to pay the debt of the Tenant in the event he/she would fail to keep his/her obligations.
• Tenant: User holding the right to use the Company Services in return for the payment of a sum of money.
• Platform: means the website available at the address www.kley.fr, as well as the KLEY Smartphone application (iPhone and Android), on which the Services are offered.
• Services: mean all of the services proposed on the Platform relating to the rental of student accommodation, including the services included and à la carte services.
• Company: the Company KLEY SAS, editor of the KLEY Platform.
• User: any person using the Platform.

To be able to use the Services proposed by the Company, the User must have internet access, whose potential costs are borne by him/her.

Users who wish to benefit from the functionalities present on the website or application must create a Reservation Space and provide certain Personal Data.

3.1 Registration terms and conditions

The registration is open, as a Tenant, to natural persons over the age of 16. The registration is open, as a Guarantor, to natural persons over the age of 18 and to legal entities.

Registration is free and requires filling in a profile sheet including information needed to realise the Service: surname and first name, date of birth, town, address, email, telephone number.

On registering, the User undertakes to supply true, exact, up-to-date and complete information on his/her identity and age as requested in the Service registration form, in accordance with article 6-II of law no. 2004-575 of the 21 June 2004 for confidence in the digital economy.

The User undertakes notably not to create a fake identity of a kind to mislead the Company or third parties and not to usurp the identity of another legal entity or natural person. The User undertakes to immediately update, in the event of modification, the data that he/she communicated during his/her online registration.

In the event the User supplies fake, inaccurate, out-of-date, incomplete, deceiving information or of a kind to mislead, the Company may, immediately, without notice or compensation, suspend or terminate the User’s personal account and refuse him/her access, temporarily or permanently to his/her Reservation space as well as to all or part of the Service.

3.2 Examination of the file

The Company, from receiving and examining the User’s file, formulates a response within 24-48 hours. Nonetheless, failure to respect the deadline could not be a reason to incur the Company’s responsibility.

In the event of acceptance of the User’s file, a confirmation email is sent to him/her including the contractual documents needed to implement the Service.

3.3 Use of the Service

The User subsequently accesses the Service and its functionalities by entering a login corresponding to his/her email address and a password that he/she shall have chosen beforehand during the registration process and that he/she shall be asked for every time he/she logs in.

The User has a Reservation space in order to supply the Company with contractual initialled and signed documents, as well as to proceed with online payment, without which he/she shall not have access to the Services.

4.1 Obligations and Responsibilities of Users

User Content

The User, while retaining rights over all content they publish on the Platform, grants the Company a worldwide, free, non-exclusive right to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute this content on any media by any means of distribution known or that might exist in the future.

User Responsibility

Users of the Platform are responsible for all content they make accessible to third parties, send by email, store in personal areas of the site or areas accessible to third parties, download, or otherwise transmit through the site.

In accordance with Article 6. I.7 of law no. 2004-575 of June 21, 2004, for confidence in the digital economy, the Company has no general obligation to monitor the content stored on its site by Users. Therefore, the Company does not exercise prior control over said content.

The User is responsible for the accuracy, compliance, and validity of the information they publish regarding their Personal Data.

Obligations Imposed on Users

The User agrees to provide:

• For Tenants: a valid national identity card or passport, a student card or proof of enrollment, a bank account statement, and if they are foreign, a valid visa or residence card.

• For Guarantors: a valid national identity card or passport, documents proving the income they receive according to the regime they are subject to (pay slips, an extract from the balance sheet, property tax).

The User agrees to maintain the security of their Reservation Space and to use their login credentials only on mediums authorized by them.

In case of loss or theft of their login credentials, or if they become aware of their login credentials being used by unauthorized third parties, the User must immediately contact the KLEY website team by email at the following address: info@kley.fr

The User may then request:

• To have their login credentials invalidated and reissued to them;
   

• To have their login credentials returned.

The User has the option to complete or modify the information in their profile on the Platform.

Compliance with Regulations and Applicable Laws

In the course of using the Platform, any act, by any nature (including acts of consultation, downloading, sending, dissemination, broadcasting, posting, or any other manner), that would be contrary to French law, is generally prohibited.

Also, any action that would undermine French public order or the rights of a third party, particularly, without this list being exhaustive, the act of a member to:

•  Download, send, transmit, post, display by any means any content that is illegal, harmful, threatening, violent, abusive, harassing, defamatory, injurious, obscene, pornographic, threatening, or prejudicial to the privacy of others or to human dignity, hateful, racist, or otherwise objectionable;

•  Display, transmit, promote, or facilitate the distribution of any illegal or questionable content as perceived by a reasonable person (threatening, defamatory, vulgar, obscene, hateful, racist, etc.) or use hateful or vulgar language (even if masked by symbols or other characters);
   

• Defame other Users, make injurious or offensive remarks against public decency;
   

• Download, send, transmit, post, display any content that may constitute incitement to suicide, incitement to commit crimes and offenses; provocation to discrimination, hatred, or violence based on race, ethnicity, religion, or nation; glorification of Nazism, denial of the existence of crimes against humanity or recognized genocides;
   

• Download, send, transmit, post, display any content that could constitute the corruption of minors.
   

• Download, send, transmit, post, display any content that might constitute false news, undermine the authority of justice, or contain information relating to ongoing trials, an individual's tax situation, or adoption;
   

• Download, send, transmit, post, display any content intended to display or sell prohibited objects and/or works;
   

• Attempt to mislead other Users by impersonating the name or legal entity of other people, especially by pretending to be an employee, collaborator, partner, or affiliate of the Company;
   

• Forge headers or manipulate identifiers in any other way to disguise or falsify the origin of content transmitted via the Service;
   

• Download, display, transmit by any means any content that the User has no right to distribute under laws and regulations or a legal act or contract (in particular internal, privileged, confidential information learned or disclosed as part of an employment contract or a confidentiality agreement, without this list being exhaustive);
   

• Download, display, transmit by any means any content violating any patent, trademark, trade secret, copyright, intellectual property right, or any other proprietary right belonging to others;
   

• Download, display, send, transmit, by any means, any data, information, advertisements, whether commercial or not, any promotional material that has not been previously solicited or authorized by its recipient(s), and primarily engage in "spam," "mass mailing," the transmission of "junk mail," chain letters, or any other form of solicitation;
   

• Download, display, transmit by any means any content containing computer viruses or any other code or software designed to interfere, distort, interrupt, destroy, or limit the normal operation or functionality of any software, computer, server, or electronic communication tools without this list being exhaustive;
   

• Download, display, transmit by any means any content containing Trojan horses or any other code designed to intercept, divert data without authorization, or to take control, interrupt, destroy, or limit the normal operation or functionalities of any software, computer, server, or electronic communication tools without this list being exhaustive;
   

• Impede or disrupt the Services, servers, networks connected to the Services, or refuse to comply with the requirements, procedures, general rules, or regulatory provisions applicable to networks connected to the Services;
   

• Download, display, transmit by any means any content containing viruses, routines, scripts or programs likely to cause harm to individuals or their property;
   

• Harass, persecute, embarrass in any way another or several other Users. The User must not engage in personal attacks or attacks based on race, nationality, ethnicity, religion, gender, sexual preferences, disabilities or any other difference;
   

• Collect and store personal data relating to other Users or a third party;
   

• Solicit the exchange, sale or purchase of pornographic and/or illegal materials, including photographs, films, videos, realistic or not, this list being non-exhaustive;
   

• Reference or provide access to sites in contradiction with these terms.
   

Reporting abuses

In accordance with Article 6. I. paragraph 7 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, the Company implements a reporting system identified by the link "Report abuse" that is easily accessible and visible to all, allowing Users of the Services to inform the Company of any data promoting crimes against humanity, inciting racial hatred or child pornography, inciting violence or undermining human dignity, as well as against offenses referred to in the fifth and eighth paragraphs of Article 24 of the law of 29 July 1881 on the freedom of the press, and Articles 227-23 and 227-24 of the Penal Code.
 

The alert message sent to the Company will automatically indicate the date and time of the alert, the IP address of the alert sender, the reference of the page of the site or application presenting the incriminated content.
 

The User acknowledges being informed that if the Company is alerted by a third party or by any means of the illegality of content accessible through the Services or transmitted by the Services, including messaging, the Company has the right to immediately remove such content or make access to it impossible, and in accordance with Article 6. I.7 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, will deliver said contents as well as the User's identification data, upon request, to the judicial authorities.

In case of breach by a User of one or several of these rules, the Company reserves the right to block the Booking Space of the concerned User, delete the offending messages, and/or block their access to all or part of the Services temporarily or permanently.

4.2 Obligations and Responsibility of the Company

Obligations of the Company

Provision of the Platform

The Company undertakes, as far as possible, to inform the User, within reasonable time frames, of available updates and scheduled interruptions of its Services.

Under these T&C, the Company undertakes to:

• Examine the User's booking request as soon as possible;
   

• Provide the Tenant and/or the Guarantor with a Booking Space to finalize the booking request and facilitate access to the Services.

Responsibility of the Company
 

The Company can under no circumstances be held responsible in the event that:

• the credentials of a User are fraudulently used by a third party;
   

• the information provided by Users relating to their personal data is false, erroneous, or inaccurate;

The Company is in no way responsible for Internet network malfunctions. Any interruption of access to the Platform and the consequences that may result for the User or any third party shall not engage the responsibility of the Company, and in particular, without this list being exhaustive:

• any business interruption, data losses, or other financial losses;
   

• the loss of data communicated by the User and the indirect damages linked to this loss.

The Company's liability cannot be engaged in the event of total or partial hacking of the Platform and the damages that this hacking could cause to Users or to a third party.
 

In any event, the Company's liability cannot be engaged where a User contravenes their legal obligations or violates these T&C.

The User undertakes to indemnify the Company against any claim, action, or demand made by a third party, due to their use of the Platform and the Services, in violation of the obligations under these T&C, the applicable laws to this contract, or rights of third parties.

Apart from the content provided by the Users, the Company is the sole holder of the intellectual property rights pertaining to all elements of the site, which includes, without this list being exhaustive, all texts, graphics, images, logos, names, brands, denominations, sounds, photographs, videos, designs, data, software and, more generally, all elements likely to be covered by an intellectual property right.
 

Consequently, the User does not have the right to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, rent, sublicense or exploit the content of the Platform without the express, prior and written consent of the Company.

In the context of publishing its Platform, the Company collects and processes personal data.

The processing of these data is carried out in accordance with law No. 78-14 of 6 January 1978 relating to computing, files, and freedoms, known as the "Data Protection Act," and to our Data protection policy.

The T&C are applicable until the User unsubscribes from the Platform or is excluded by the Company.

Any termination will result in the deletion of the account on the Platform.

The Company reserves the right to exclude the User, without notice and without compensation, in the event of a serious breach of these T&C and in particular in case of violation of legal or regulatory provisions.

In the aforementioned cases, and after notification to the User, the Company also has the possibility to suspend the User's access to the Services and their Booking Space, for a determined duration.

In any event, the Company reserves the right to exclude any User, without having to justify a reason, by respecting a 15-day notice period from the sending of the email informing the User of their exclusion.

9.1 Modification of the General Conditions of Use
 

The Company reserves the possibility, at any time, to modify, in whole or in part, these T&C. Users are invited to regularly consult the T&C to become aware of the changes made.
 

Any substantial changes will be communicated to the User by email at the address associated with his account. By continuing to access or use the Services after the entry into force of these changes, the User agrees to be contractually bound by these new T&Cs.
 

9.2 Assignment and Transfer of Commitment

The Company may assign these T&Cs and all rights and obligations attached thereto to any third party, without the prior written consent of the User, provided that these are assigned under the same terms or terms that are not less advantageous for the User.
 

9.3 Severability
 

In the event that any provision of these T&Cs is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these T&Cs will remain in full force and effect.
 

9.4 Survival of Commitments
 

Upon termination of the contractual commitment, all obligations arising from the T&Cs that, by their nature, survive the termination of the commitment, will not be affected by said termination.

These T&Cs are governed by French law. In the event of a dispute, the parties may submit their dispute to mediation or any other alternative dispute resolution.

Failing alternative dispute resolution, the courts at the location of the Company's headquarters have exclusive jurisdiction. This provision does not apply to the User acting as a consumer.