General Terms and Conditions of Use
These General Terms and Conditions of Use (hereinafter the “GTCU”) describe the terms and conditions under which The Boost Society SAS (hereinafter “the Company”) offers, through the Hife website and smartphone app published by the latter, the reservation of stays and activities at residences.
By registering on the Platform and using the Services provided by the Company, the User accepts and undertakes to comply unreservedly with all these General Terms and Conditions of Use.
ARTICLE 1 - Definitions
In the context of these conditions, the following terms are defined:
- Personal Data: data relating to the User which enables him/her to be identified or made identifiable.
- Booking space: Space accessible to the User via login data after the reservation request is accepted by the Company.
- Guarantor: A user who undertakes with regard to the Company to pay the Lessee’s debt in the event that the latter fails to live up to its obligations.
- Tenant: A user who has the right to use the Company’s Services in consideration for payment of a sum of money.
- Platform: means the site that can be accessed at the address www.hife-coliving.fr, as well as the Hife smartphone app (iPhone and Android), on which the Services are offered.
- Services: means all the services offered on the Platform relating to the rental of accommodation, the booking of an activity, including inclusive services and à la carte services.
- Company: The Boost Society SAS, the publisher of the Hife Platform.
- User: any person who uses the Platform.
ARTICLE 2 - Use of the service
To be able to use the Services provided by the Company, the User must have internet access, the costs of which shall be borne by him/her.
Users who wish to benefit from the features on the site or app must create a Booking Space and provide certain Personal Data.
2.1 Registration procedures
Registration, as a Tenant, is open to natural persons over the age of 16. Registration, as Guarantor, is open to natural persons over the age of 18 and to legal entities.
Registration is free of charge and requires completion of a profile sheet that contains the information necessary for the performance of the Service: surname and first name, e-mail address, telephone number.
When registering, the User undertakes to provide true, accurate, up-to-date and complete information on his/her identity and age as requested in the registration form for the Service, in accordance with Article 6-II of Law No. 2004-575 of 21 June 2004 on trust in the digital economy.
In particular, the User undertakes not to create a false identity which may mislead the Company or third parties and not to usurp the identity of another natural person or legal entity. The User undertakes to immediately update, in the event of a change, the data s/he has provided when registering online.
In the event that the User provides false, inaccurate, out-of-date, incomplete, misrepresentative or misleading information, 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 Booking Space as well as to all or part of the Service.
2.2 Examination of the file
The Company, following receipt and examination of the User’s file, shall provide a response within 24-48 hours. Nevertheless, non-compliance with the deadline cannot constitute grounds for holding the Company liable.
In the event that the User’s file is accepted, a confirmation e-mail will be sent to the User which includes the contractual documents necessary for the implementation of the Service.
2.3 Use of the Service
The User will then access the Service and its functionalities by entering a login made up of his/her e-mail address and a password s/he has chosen previously during the registration process and which s/he will be asked for every time s/he logs in.
The User has a Booking Space in order to provide the Company with the initialled and signed contractual documents, as well as to make online payments, otherwise s/he will be unable to access the Services.
2.4 Unauthorised use of the personal account
It is the User’s responsibility to notify the Company by e-mail at firstname.lastname@example.org if the latter becomes aware of any unauthorised use or access to his/her personal account.
The User agrees to provide information that may be used to confirm his/her identity and to help ensure the security of his/her account on the Platform.
The Company shall not be liable for any loss, damage, liability or expense the User may suffer as a result of his/her account being used by someone else, with or without his/her authorisation, and even after having informed the Company of such unauthorised use.
In the event that the User loses access to or requests information on an account, the Company reserves the right to request verification from the User before re-establishing access or providing information on said account.
ARTICLE 3 - Rights and obligations of the parties
3.1 Obligations and Liability of Users
The User, while retaining his/her rights to all content s/he posts 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 medium by any distribution method known or that may exist.
Responsibility of Users
Platform Users are responsible for all content they make accessible to third parties, which they send by e-mail or which they store on personal spaces on the site or spaces accessible to third parties, which they upload or transmit in any other way through the site.
Pursuant to Article 6. I.7 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, the Company has no general obligation to monitor the content stored on its website by Users. The Company therefore does not exercise any a priori control over said content.
The User is responsible for the accuracy, compliance and validity of the information s/he puts online about his/her Personal Data.
Obligations incumbent on Users
The User undertakes to provide:
- For Tenants staying for more than 6 months: a valid national identity card or passport, their last 3 payslips if they are an employee, their last accounting balance sheet if they are self-employed or non-salaried worker, their latest tax notice, proof of professional situation, bank account details and, if they are foreign, a valid visa or residence card.
- For the Guarantors: a valid national identity card or passport, documents certifying the income from which it benefits according to the regime to which it is subject (pay slips, extract from the accounting balance sheet, property tax).
The User undertakes to maintain the security of his/her Booking Space and to use his/her login credentials only on media authorised by him/her.
In the event that his/her login credentials are lost or stolen, or when s/he becomes aware of the use of his/her login credentials by an unauthorised third party, the User shall immediately contact the Hife site team, as indicated above, by e-mail to the following address: email@example.com
The User may then request:
- That his/her login credentials be invalidated and that they be re-sent to him/her;
- That his/her login credentials be returned to him/her.
The User has the option of completing or modifying the information in his/her profile on the Platform.
Compliance with regulations and laws in force
In the context of the use of the Platform, any act, of any kind whatsoever (in particular acts of consultation, downloading, sending, broadcasting, dissemination, publishing, posting on line, publication or in any other way), which would be contrary to French law is prohibited.
It would also be an infringement of French public policy or the rights of a third party, in particular, and without this list being exhaustive, were a member to:
- upload, send, transmit, transmit by instant message, post online, post by any means, any content that is illegal, harmful, threatening, violating, abusive, harassing, defamatory, insulting, obscene, pornographic, threatening or invasive of the privacy of others or human dignity, hateful, racist, or otherwise objectionable;
- display, transmit, promote or facilitate the distribution of any content that is illegal or objectionable to 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 offensive or indecent comments;
- upload, send, transmit, place online or post any content that may constitute, but is not limited to, incitement to suicide, incitement to commit crimes and offences; incitement to discrimination, hatred or violence on the grounds of race, ethnicity, religion or nation; apology for Nazism, challenging the existence of crimes against humanity or recognised genocide;
- download, send, transmit, upload or display any content that could constitute corruption of minors;
- upload, send, transmit, post or display any content that may constitute fake news, an infringement of the authority of justice or which contains information relating to ongoing trials, an individual tax situation or adoption;
- upload, send, transmit, post online, display any content intended to display or sell prohibited objects and/or works;
- attempt to mislead other Users by impersonating the name or company name of other persons and, more particularly, by impersonating an employee, associate, partner or affiliate of the Company;
- counterfeit headers or otherwise manipulate the Identifier in such a way as to conceal or counterfeit the origin of the content transmitted via the Service;
- download, display, transmit by any means any content the User would not be entitled to disseminate under the laws and regulations or a legal act or a contract (including but not limited to internal, privileged, confidential information learned or disclosed in the context of an employment contract or a confidentiality agreement);
- upload, display or transmit by any means any content which infringes any patent, trademark, trade secret, copyright, intellectual property right or any other property right belonging to others;
- download, display, send, transmit, by any means, all data, information, advertising, whether commercial or not, any promotional material and which has not been requested or authorised in advance by its recipient(s), and in particular engage in “spam”, “mass mailing”, the sending of “junk mail”, chain letters or any other form of solicitation;
- download, display, transmit by any means any content including computer viruses, or any other code, or software designed to hinder, distort, interrupt, destroy or limit the normal operation or functionality of any software, computer, server, or electronic communications tool, without this list being exhaustive;
- download, display, transmit by any means any content including Trojan horses, or any other code designed to intercept, divert, data without authorisation, or to take control, interrupt, destroy or limit the normal operation or functionality of any software, computer, server, or electronic communications tool, without this list being exhaustive;
- hinder or disrupt the Services, servers, networks connected to the Services, or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Services;
- upload, display or transmit by any means any content including viruses, routines, scripts or programs likely to cause damage to persons or their property;
- harass, persecute and/or in any way embarrass one or more other Users. The User shall not engage in personal attacks or attacks based on race, nationality, ethnic origin, religion, sex, sexual preference, disability 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 and images, whether realistic or not, this list being not exhaustive;
- list or provide access to sites that contradict this Agreement.
Pursuant to Article 6. I. paragraph 7 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, the Company shall implement a reporting system identified by the link “Report abuse” easily accessible and visible to all, enabling Users of the Services to bring to its attention all data justifying crimes against humanity, inciting racial hatred or child pornography, inciting violence or violating human dignity, as well as the offences referred to in the fifth and eighth paragraphs of Article 24 of the Law of 29 July 1881 on freedom of the press, and Articles 227-23 and 227-24 of the Criminal Code.
The alert message sent to the Company will automatically indicate the date and time of the alert, the IP address of the whistleblower, the reference of the page of the website or app that shows the offending content.
The User acknowledges that s/he has been informed that if the Company is alerted by a third party or by any means whatsoever of the illegality of content that is able to be accessed via the Services or transmitted by the Services, including messaging, the Company shall have the right to immediately remove this content or make access to it impossible, this in accordance with Article 6. I.7 of Law no. 2004-575 of 21 June 2004 on trust in the digital economy, shall provide said content as well as the User’s identification data, at their request, to the judicial authorities.
In the event of a breach by a User of one or more of these rules, the Company reserves the right to block the Booking Space of the User concerned, to delete the disputed messages, and/or to block his/her access to all or some of the Services on a temporary or permanent basis.
3.2 Obligations and Liability of the Company
Obligations of the Company
Provision of the Platform
The Company undertakes, to the extent possible, to inform the User, within a reasonable timeframe, of available updates and planned interruptions to its Services.
The Company, under these GTCU, undertakes to:
- review the User’s reservation request as soon as possible;
- provide the Tenant and/or the Guarantor with a Booking Space to finalise the booking request and facilitate access to the Services.
Liability of the Company
Under no circumstances may the Company be held liable in the event that:
- a User’s credentials are used fraudulently by a third party;
- the information provided by Users relating to their Personal Data is false, incorrect or inaccurate;
The Company is not, under any circumstances, liable for malfunctions of the internet network. The Company shall not be held liable for any interruption of access to the Platform and the consequences that may result therefrom for the User or any third party, and in particular, without this list being exhaustive:
- any business interruption, loss of data, loss of profit, loss of use, loss of opportunity or other loss of a pecuniary nature;
- loss of data communicated by the User and indirect damage related to this loss.
The Company shall not be held liable in the event of the total or partial piracy of the Platform and any damage such piracy may cause to Users or to a third party.
The Company may not be held liable for any technical problems the User may encounter with the Platform. In the event of inaccuracies on the Platform, the Company shall make its best efforts to correct them as soon as is reasonably possible.
The information presented on the Platform is made available to you solely for general information purposes. The Company does not guarantee the accuracy, completeness or usefulness of this information.
This section shall not apply to the Company’s liability for death or personal injury due to negligence, or even liability for fraudulent misrepresentation or misleading on a fundamental matter or any other liability that cannot be excluded or limited in accordance with applicable law.
In any event, the Company may not be held liable in the event that a User breaches his/her legal obligations or breaches these GTCU.
ARTICLE 4 – Suspension and termination of the account
Failure to comply with these General Terms and Conditions of Use constitutes a breach and may induce the Company to take all or some of the following measures:
- immediate, temporary or permanent suspension of use of the Platform;
- immediate, temporary or permanent deletion of the elements downloaded by the User on the Platform;
- sending a warning to the User;
- legal action against the User, including a procedure for the reimbursement of all costs (including, albeit not limited to, reasonable administrative costs and legal fees) incurred by the infringement;
- disclosure of such information to law enforcement authorities as the Company reasonably deems necessary.
The reactions described in this clause are not exhaustive and the Company may take any other measures it deems reasonably appropriate.
ARTICLE 5 - Guarantees
The User undertakes to hold the Company harmless against any request, action or claim made by a third party, due to its use of the Platform and the Services in breach of the obligations under these GTCU, the laws applicable to this agreement or the rights of third parties.
ARTICLE 6 - Intellectual property
Apart from the content provided by Users, the Company is the sole holder of the intellectual property rights relating to all elements of the website and the Hife app, which includes, without this list being exhaustive, all texts, graphics, images, logos, names, trademarks, names, sounds, photographs, videos, drawings, data, software and, more generally, all elements that may be covered by an intellectual property right.
Consequently, the User is not entitled to download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, license or exploit the content of the Platform without the express, prior and written consent of the Company.
In any event, the authorisation granted by the Company to a User to access the Platform does not imply the waiver, transfer, agreement of a licence or the total or partial assignment by the Company of an intellectual or industrial property right.
ARTICLE 7 - Personal data
As part of publishing its Platform, the Company is required to collect and process Personal Data.
The processing of this data is carried out in accordance with the regulations applicable to the protection of personal data, including Law No. 78-14 of 6 January 1978 on information technology, files and freedoms, known as the “Data Protection Act”, and EU Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the “GDPR” as well as all the guidelines of the European Data Protection Board and the directives of the French Data Protection Commission (hereinafter “CNIL”).
The Platform User acknowledges that s/he has been informed of his/her rights and of all the information referred to in Article 13 of the GDPR pursuant to our Data protection policy.
In the event of a dispute relating to the processing and/or storage of personal data, the User may lodge a complaint with CNIL.
ARTICLE 8 - Term and termination
The GTCU are applicable until such time as the User unsubscribes from the Platform or s/he is excluded from the student residence by the Company.
Any termination shall result in the removal of the account from the Platform.
The Company reserves the right to exclude the User from the student residence, without notice and without compensation, in the event of a serious breach of these GTCU and in particular in the event of a breach of legal or regulatory provisions.
In the same cases referred to above, in accordance with the provisions of Article 4 of these GTCU and after notifying the User, the Company also has the option of suspending the User’s access to the Services and his/her Booking Space, for a fixed period.
In any event, the Company reserves the right to exclude any User from the student residence, without having to provide a reason, by adhering to a notice period of 15 days from the sending of the e-mail informing the User of his/her exclusion.
ARTICLE 9 - Miscellaneous provisions
9.1 Amendment of the General Terms and Conditions of Use
The Company reserves the right, at any time, to amend these GTCU, in whole or in part. Users are invited to regularly consult the GTCU to familiarise themselves with any changes made.
The User shall be informed of any material change by e-mail to the address associated with his/her account. By continuing to access or use the Services after these changes come into force, the User agrees to be contractually bound by these new GTCU.
9.2 Assignment and Transfer of the Commitment
The Company may assign these GTCU, as well as all the rights and obligations attached thereto, to any third party, without the prior written consent of the User, provided that these GTCU are assigned under the same terms or under terms that may not be less advantageous for the User.
In the event that any provision of these GTCU is deemed to be invalid or unenforceable, such provision shall be limited or deleted to the extent strictly necessary, and the remaining provisions of these GTCU shall remain in full force and effect.
9.4 Survival of commitments
When the contractual commitment comes to an end, all obligations arising from the GTCU which, by their nature, survive the end of the commitment, shall not be affected by said term.
ARTICLE 10 - Applicable law and jurisdiction
These GTCU 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.
In the absence of an alternative settlement to the dispute, the courts of the place where the registered office of the Company is located shall have exclusive jurisdiction. This provision does not apply to the User acting as a consumer.