General Terms and Conditions
APPLICABLE FROM 1 FEBRUARY 2022
The website accessible at https://mansio.com allows its users to consult, free of charge, the contents proposed by MANSIO.
Article 1: Definitions
For the purposes of these terms and conditions of use, the terms used below have the following meanings, whether used in the singular or plural:
- " MANSIO MANSIO": refers to the company MANSIO, , a simplified joint stock company with a capital of 12,500.00 euros, registered in the Paris Trade and Companies Register under number 904 152 535 and whose registered office is located at 7 place de l'Hôtel de Ville - 93600 Aulnay-sous-Bois, France, which publishes the Internet Site;
- " Services": refers to the services offered by MANSIO on the Website, aimed at providing third parties with assistance in finding and acquiring property, decoration and furnishing services, concierge services and property rental management;
- " Website Internet Site": refers to MANSIO's Internet site accessible at the following address: https://mansio.com and from which Users can consult the Services offered by MANSIO. The Internet Site includes in particular all the computer components (in particular the software and computer developments and the Web pages, including the programs in source and object code, the preparatory design work, the specifications and preliminary studies, the user documentation relating to the use and operation of the Internet site), the graphic charter (including the projects, models, prototypes and plans), the infrastructure as well as the content (in particular the texts, sounds, fixed or animated images, videos and databases);
- " Smartphone Smartphones" means mobile smartphones that allow access to applications via an internet network;
- " Tablet Tablet": means touch screens that allow access to applications via an internet network;
- " User User": means any natural person, regardless of their status (private individual or professional), their location, the means of connection to the Website and who accesses the Website.
Article 2: Purpose - Enforceability
The purpose of the General Conditions of Use is to define the terms and conditions under which Users access and use the Website.
The General Conditions of Use are systematically brought to the attention of Users. They apply exclusively to all uses of the Website and prevail over all other conditions, with the exception of those that have been expressly accepted by MANSIO. Consequently, all other conditions are only binding on MANSIO after written confirmation from MANSIO.
IMPORTANT: NOTE TO USERS
USERS ARE PRESUMED TO KNOW AND ACCEPT, WITHOUT RESERVATION, THE GENERAL CONDITIONS OF USE BY THE MERE FACT OF THEIR CONNECTION TO THE WEBSITE.
ANY USE OF THE WEBSITE IMPLIES THE EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE BY THE USERS OF THE GENERAL CONDITIONS OF USE.
Article 3: Application / modifications of the General Conditions of Use
3.1- MANSIO reserves the right to modify, at any time, the General Conditions of Use, in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution of the Website.
3.3- In the event that Users do not agree with the General Conditions of Use, they must cease to access the Website.
Article 4 - Interests of the Website - Presentation of the Services
4.1- The Website allows Users to consult the Services and associated rates, and to be contacted. To do so, Users must click on the " Schedule a call " button located on the Website pages.
However, Users cannot subscribe to the Services via the Website.
4.2- The information relating to the Services, of whatever nature, provided by MANSIO is that which appears on the Website.
As this information may be subject to change, MANSIO reserves the right to change the specifications, features and content of the Services for any reason or to withdraw any of the Services offered.
These modifications and/or withdrawals may occur at any time without notice, including after the User's request for contact if MANSIO no longer intends to offer a Service or if these modifications result from the application of standards, texts or regulations of any kind and/or in the event of problems, particularly technical problems, with the Website.
Finally, MANSIO reserves the right to make improvements, correct any errors or omissions in the content relating to the Services offered.
4.3- MANSIO makes its best efforts to provide visuals, illustrations and descriptions that are as faithful as possible to the Services offered and to the achievements that it has accomplished in the execution of the Services that may be presented on the Website. However, it is possible that the Users' perception of the Services and the said achievements may not correspond exactly to reality. In this case, MANSIO cannot be held responsible, as the said visuals, illustrations and descriptions have no contractual value.
Article 5: Preconditions for the use of the Website
5.1- The use of the Website implies that the Users :
- have a computer, a smartphone and/or a tablet connected to an internet network;
- access the Website.
5.2- Users warrant that they have full legal capacity to use the Website, and in particular :
- be 18 years of age or older;
- be legally capable and have full possession of their intellectual or cognitive faculties (and in particular not be in a state of dependence, under guardianship and/or curatorship, etc.);
- not to be a competitor of MANSIO and/or not to use the Website to compete with MANSIO, fraudulently and/or in a way that harms MANSIO's interests.
Article 6: Duration of access to the Website
MANSIO makes its best efforts to ensure that the Website is accessible seven (7) days a week and twenty-four (24) hours a day, as this is an obligation of means.
MANSIO cannot guarantee operation and access to the Website and/or Services 7 (seven) days a week (seven) and twenty-four (24) hours a day (24) due to the nature of Internet access and operating elements independent of MANSIO.
Article 7: Interruption of the Website
7.1- MANSIO reserves the right to interrupt the operation of all or part of the Website at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance or to change its content or presentation. As far as possible, MANSIO will inform Users prior to an important corrective or evolutionary maintenance operation, notably on the following page: https://mansio.com/maintenance.
In addition, Users acknowledge that the Website may be interrupted for reasons beyond MANSIO's control and that MANSIO cannot therefore guarantee continuous access to the Website.
In any case, MANSIO shall not be held responsible for any interruption and/or malfunction of the Website, whatever the cause.
7.2- Users are invited to inform MANSIO of any technical problem they encounter while browsing and/or using the Website by writing to the following address and describing the problem encountered: email@example.com.
Article 8: General commitments of the Users - General restrictions of use of the Website
8.2- When using the Website, Users undertake in particular to :
- Respecting the prerequisites for the use of the Website;
- Respect the image and reputation of MANSIO;
- Do not modify or alter any part of the Website;
- Not to restrict by any means the use of the Website and not to falsify any statement or element of the Website;
- Not to disseminate or attempt to disseminate computer viruses or any other harmful elements through the Website;
- Not to break into a computer system, not to alter the content or commit any of the offences punishable under Articles 323-1 and 323-7 of the Criminal Code ("hacking"), not to send unsolicited messages in large numbers via the Website;
- Not to vacuum the content of the Website and its databases, in particular by means of automated programs;
- Do not attempt to recreate all or part of the Website through reverse engineering;
- Not to use the Website for purposes contrary to the rules in force and to infringe the rights of third parties (in particular intellectual property and privacy);
- More generally, report any content that does not comply with MANSIO, and/or that is suspicious and/or illicit;
- Not to attempt to, and refrain from, circumventing, disabling or otherwise interfering with any security-related feature of the Website, or preventing or restricting the use or copying of the Content or imposing any limitations on the use of the Website or the Content accessible from the Website;
- Do not use the Website for commercial purposes;
- Not to distribute all or part of the Website, and in particular the content, on any other medium, without the prior written permission of MANSIO ;
- More generally, not to harm MANSIO or any contributor and/or any User of the Website.
8.3- MANSIO reserves the right to cancel a User's access to the Website without prior notice and without prejudice to any other rights and actions to which MANSIO may be entitled in the event that the User uses the Website inappropriately.
8.4- The Website may provide links to other websites or other sources of information managed by partner sites.
Insofar as MANSIO cannot exercise control over these partner services and external sources, MANSIO informs Users that the Website makes no commitment as to the availability and content of these external sites and sources, and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.
MANSIO also disclaims any liability for any damage or loss, whether actual or alleged, arising out of or in connection with the use of, or reliance on, any content, goods or services available on such partner services or external sources.
Article 9: Responsibility of Users
9.1- Users are solely responsible for choosing to use the Website and for ensuring that it meets their needs, for securing their computer systems and for backing up their data.
9.2- Users guarantee and indemnify MANSIO against any damage suffered by the latter and against any liability action that may be brought against it on the basis of the violation of the General Conditions of Use and/or any right of a third party. In the event of a case of fraud, MANSIO is authorised to communicate all necessary information to the competent bodies responsible for the repression of the said frauds and infractions.
Article 10: Liability of Mansio - Guarantees given by Mansio
10.1.1- Use of the Website is at the User's own risk.
MANSIO cannot be held responsible for any prejudice suffered by the Users in the context of an abnormal use of the Website, and in particular in the event of violation of the General Conditions of Use.
10.1.2- MANSIO cannot be held responsible for direct or indirect damages, losses or costs resulting from the use of the Website, or the impossibility of using it, or from a malfunction, an interruption due to maintenance, technical failure of the server or related to an interruption in Internet access or for any other cause, a virus, or a line or system problem.
MANSIO cannot be held responsible for any damage to Users' computer systems, loss of data, or any other damage that may result from Users' access to or use of the Website.
Furthermore, MANSIO cannot be held liable to Users, to the maximum extent permitted by current legislation applicable in France, for :
1. Any consequential damage that may be caused to it, including any loss of profit (whether direct or indirect), loss of goodwill or reputation or loss of data;
2. Any loss or damage that Users may suffer as a result of, inter alia:
- reliance on the completeness and accuracy of the information provided through the Website;
- any changes MANSIO may make to the Website in general, or any temporary or permanent deletion;
- their relationship with experts, contributors, professionals or other third parties whose details they have obtained through the Website;
- the inaccuracy of the data and/or statistics published, if any;
- access to or use of or inability to use or access the Website in general.
USERS UNDERSTAND AND AGREE THAT :
1. THE WEBSITE IS MADE AVAILABLE "AS IS".
2. IN PARTICULAR, MANSIO DOES NOT GUARANTEE :
- THAT THE WEBSITE MEETS THE EXPECTATIONS OF USERS;
- THAT THE WEBSITE FUNCTIONS WITHOUT INTERRUPTION, SECURELY OR WITHOUT ERROR.
No information or advice provided by MANSIO to Users in connection with the use of the Website shall be deemed to be the granting of a warranty.
Article 11: Personal data
In accordance with the modified law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, known as the "data processing and freedoms" law, and with the Regulation (EU) 2016/679 relating to the protection of individuals with regard to the processing of personal data and to the free movement of such data, Users are informed that MANSIO carries out automated processing of their personal data.
Each User has the right to access, modify, rectify, limit, portability and delete data concerning him/her, as well as the right to object. To this end, they should contact the support department by email at the following address: firstname.lastname@example.org.
Article 12: Intellectual Property
12.1- Certain elements (notably editorial, articles, illustrations, studies and videos) appearing on the Website are protected by the laws relating to intellectual property and in particular copyright and are the exclusive property of MANSIO and/or its partners.
Similarly, the brands, logos, graphics and animations contained on the Website are the exclusive intellectual property of MANSIO.
In the event of use and/or reproduction of these elements by Users, MANSIO reserves all legal means to stop the infringement of its intellectual property rights.
12.2- MANSIO grants Users, on a personal basis, the non-exclusive and non-transferable right, free of charge, to use the Website and any associated software, it being specified that they are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, inverting the design or assembly or in any other way attempting to obtain the source code (with the exception of the cases provided for by law), selling, assigning, sub-licensing or transferring, in any way whatsoever, any right relating to the Website.
Users undertake not to modify the Website or the related software in any way and/or not to use modified versions thereof, in particular (without this list being exhaustive) with a view to obtaining unauthorised access to the Website.
The Website contains texts, images, which are the exclusive property of MANSIO (hereafter " Elements of Intellectual Property"). The Intellectual Property Elements are made available to Users, free of charge, for the sole use of the Website and within the framework of a normal use of its functionalities.
This authorisation to use the Intellectual Property Elements is made on a personal, non-exclusive and non-transferable basis. MANSIO may revoke this authorisation to use the Intellectual Property Elements at any time.
Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code (except as provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right pertaining to the Intellectual Property Elements. Users undertake not to modify the Intellectual Property Elements in any way.
In the event of non-conforming or abusive use of the Intellectual Property Elements, MANSIO reserves all rights to stop the infringement of its intellectual property rights.
Article 13: Miscellaneous
The General Conditions of Use govern all the uses that Users may make of the Website, subject to the application of particular additional or specific conditions of use for which Users must give their express agreement.
13.3- The fact that MANSIO does not take advantage, at a given time, of one of the present provisions of the General Conditions of Use, cannot be interpreted as a waiver of the right to take advantage of any of the present conditions at a later date.
Article 14: Applicable law
For any difficulties and/or questions about the Website, Users are invited to send an email to the following address: email@example.com.
In the event that no amicable solution can be found, Users are informed that they can call upon Immomédiateurs, the consumer mediator to which MANSIO belongs, free of charge:
55 avenue Marceau, 75116 Paris
For more information, the User may visit the website https://immomediateurs.com.
In addition, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
The User remains free to decide whether or not to resort to mediation and each party is free to accept or not the mediator's proposed solution.
Version of 1 February 2022