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 User obligations and liability

User content

The User, while retaining his/her rights to all content that he/she places online on the Platform, grants the Company a worldwide, free, non-exclusive right to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content on any medium by any known or future distribution method.

User liability

Users of the Platform are responsible for all content that they make accessible to third parties, that they send by e-mail or that they store on personal areas of the site or areas accessible to third parties, that they download or transmit in any other way via the site.

In accordance with article 6. I.7 of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, the Company has no general obligation to monitor the content stored on its site by Users. The Company therefore exercises no a priori control over such content.

Users are responsible for the accuracy, conformity and validity of the information they place online concerning their Personal Data.

Obligations of Users

The User undertakes to provide :

- For Renters: a valid national identity card or passport, a student card or a valid passport.

Upload, send, transmit, instant message, post or display by any means, any content that is unlawful, harmful, threatening, infringing, abusive, harassing, defamatory, abusive, obscene, pornographic, threatening or invasive of another's privacy or human dignity, hateful, racist, or otherwise objectionable;

Post, 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 obscured by symbols or other characters);

Defame other Users, use abusive language or language that offends public decency;

Upload, send, transmit, post or display any content that constitutes, but is not limited to, incitement to suicide, incitement to commit a crime or misdemeanor, incitement to discrimination, hatred or violence based on race, ethnicity, religion or nation, apology for Nazism, denial of the existence of crimes against humanity or recognized genocides;

Download, send, transmit, put online or display any content that could constitute corruption of minors.

Uploading, sending, transmitting, putting online or displaying any content that could be construed as false or misleading.

Reporting abuse

In accordance with article 6. I. paragraph 7 of Law no. 2004-575 of June 21, 2004 on confidence in the digital economy, the Company has set up a reporting system, identified by the “Report abuse” link, which is easily accessible and visible to all, enabling Users of the Services to bring to its attention any data glorifying 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 July 29, 1881 on freedom of the press, and articles 227-23 and 227-24 of the French Penal Code.

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

The User acknowledges being informed that if the Company is alerted by a third party or by any means whatsoever of the illegality of content accessible via the Services or transmitted via the Services, including messaging, the Company shall have the right to immediately remove such content or make access to it impossible, and in accordance with article 6. I.7 of French Law no. 2004-575 of June 21, 2004 on confidence in the digital economy, hand over said content, together with the User's identification data, upon request.

The User undertakes to indemnify the Company against any demand, action or claim made by a third party, as a result of his/her use of the Platform and Services, made in breach of the obligations under these GCU, the laws applicable to this contract or the rights of third parties.

Apart from the content provided by Users, the Company is the sole owner of the intellectual property rights relating to all elements of the site, including, but not limited to, all texts, graphics, images, logos, names, brands, denominations, sounds, photographs, videos, drawings, data, software and, more generally, all elements likely to be covered by intellectual property rights.

Consequently, the User may not download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, license or exploit the content of the Platform without the express prior written consent of the Company.

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

This data is processed in accordance with the French Data Protection Act no. 78-14 of January 6, 1978 and our Data Protection Policy.

The GCU 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 prior notice and without compensation, in the event of serious breach of these GCU and in particular in the event of violation of legal or regulatory provisions.

In the aforementioned cases, and following notification of the User, the Company also has the right to suspend the User's access to the Services and to his or her Reservation Space, for a specified period.

In any event, the Company reserves the right to exclude any User, without having to justify its decision, by giving 15 days' notice of the User's exclusion.

9.1 Modification of the General Terms of Use

The Company reserves the right, at any time, to modify all or part of these GCU. Users are invited to consult the GCU regularly in order to take note of any changes made.

Users will be notified of any substantial changes by e-mail to the address associated with their account. By continuing to access or use the Services after these modifications come into force, the User agrees to be contractually bound by these new GCU.

9.2 Assignment and transfer of agreement

The Company may assign these GCU and all the rights and obligations attached thereto to any third party without the User's prior written consent, provided that these GCU are assigned under the same terms or under terms that are no less advantageous to the User.

9.3 Severability

In the event that any provision of these TOU is held to be invalid or unenforceable, such provision shall be limited or eliminated to the extent strictly necessary, and the remaining provisions of these TOU shall remain in full force and effect.

9.4 Survival of commitments

At the end of the contractual engagement, all obligations arising from the GTU which, by their nature, survive the end of the engagement, will not be affected by said end.

These GCU 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 of the location of the Company's registered office shall have exclusive jurisdiction. This provision does not apply to the User acting as a consumer.