1. The website www.offmarketparis.com, hereinafter referred to as the Site, proposes a service of putting in contact between Project Developers having a project of sale, rent and/or acquisition of a real estate property and real estate professionals likely to accompany them.
2. The Website www.offmarketparis.com is the property of BOOMERANG, a simplified joint stock company, governed by French law, registered in the Paris Trade and Companies Register under number 893 526 483, whose registered office is at 80, Avenue Kléber 75116 Paris, represented by its President Mr André Fabiani.
VAT number: FR78893526483
Email: contact@offmarketparis.com
An answer will be sent by email within 72 hours.
3. BOOMERANG is the publisher of the www.offmarketparis.com website and Mr. André FABIANI is its director of publication.
4. The Site www.offmarketparis.com is hosted by OVH, a simplified joint stock company with a capital of €10,069,020, registered with the Lille Trade and Companies Register under number 424 761 419, whose registered office is located at 2, rue Kellermann F-59100 Roubaix.
Telephone number: 1007
Email: support@ovh.com
5. BOOMERANG holds all intellectual property rights to the Site (see Article 6 of the General Conditions of Use of the Site).
6. Access to the Site, its consultation and its use are subject to the unreserved acceptance of these General Terms and Conditions of Use of the Site.
Access to the Site is restricted to persons of legal age. The Publisher reserves the right to request any proof of age from the User.
Access to the Site and its use by Project Owners are reserved for strictly personal use. Users undertake not to use this Site and the information or data contained therein (with the exception of the achievement of the very purpose of the Site, namely the establishment of relations between Project Developers and Professionals) for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
By accessing and using the service of the Site, any Visitor or User undertakes moreover to refrain from
Using the Site in an illegal manner and/or for any illegal purpose;
to use the Site for the dissemination, publication, storage or reproduction of offensive, defamatory, harassing, libelous, obscene, pornographic or threatening messages, advertisements, products or services, and/or any messages, advertisements, products or services that are misleading or deceptive, and/or that infringe on the privacy of others and/or that infringe on the rights of others;
to infringe by any means whatsoever the intellectual property rights that BOOMERANG holds on the Site;
to impersonate any other person or entity without prior authorization;
collecting any personal data about other Users or Visitors to the Site for any purpose;
engaging in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site and/or LivingRoom Accounts;
misusing the Site by intentionally introducing viruses or other malicious programs and attempting to gain unauthorized access to the Site;
attempting to gain unauthorized access to all or part of the Site.
ARTICLE 1. PURPOSE OF THE SITE
The purpose of the Site is to put Project Holders in contact with real estate professionals who have a project to sell, acquire and/or rent a property.
The Project Holders can thus contact the Site describing their real estate projects of acquisition, sale or rent and the Site transmits to them confidential files of properties corresponding to their research. The professionals who are partners of the Site can then offer them their support according to the criteria previously filled in by the Project Owner.
The connection will only be effective if the Project Developer accepts it. Otherwise, the Professional will have no access to the Project Developer’s contact information.
ARTICLE 2. DEFINITIONS
Each of the terms mentioned below shall have the following meaning in these General Terms of Use of the Site (hereinafter referred to as the “GTU”):
Mailing: refers to the request submitted to the Site by a Project Sponsor including all elements and data (visual, text, photographs…), under its sole responsibility in its capacity as publisher, with a view to offering for sale or searching for a property.
Project owner: refers to any natural person of legal age, acting exclusively for private or professional purposes, established in France or abroad who has contacted the Site.
Professional: refers to any individual or legal entity, acting exclusively in a professional capacity (real estate agent, real estate representative or any other real estate professional), established in France or abroad, partner of the Site.
Personal information: refers to information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies.
User: refers to any visitor to the Site who has contacted the Site, whether he/she is a Project Sponsor or a Professional.
Visitor: refers to any visitor to the Site who has not contacted the Site.
Site: refers to the website www.offmarketparis.com
ARTICLE 3. APPLICATION OF THE GENERAL TERMS OF USE
By accessing and using the Site’s services, all Visitors and Users declare that they have read and understood these Terms of Use and expressly accept them without reservation and/or modification of any kind.
These GTC are fully enforceable against Visitors and Users of the Site.
BOOMERANG reserves the right, at its sole discretion, to change, modify, add or delete all or part of these GTUs at any time.
It is the responsibility of Visitors and Users to consult the Site’s TOU regularly.
If any provision of these GTUs is held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall nevertheless remain in force.
The User is informed and acknowledges that the activity of the Site is limited to putting Users in contact with real estate Professionals. The responsibility of the Site can in no way be engaged in the context of relationships, agreements and discussions that may occur between Users and Real Estate Professionals and any other partner.
ARTICLE 4. OPERATION OF THE SITE
Users must first contact the Site if they are project owners.
After having created contact the Site:
The Project Holders can receive sales files constituted by the Site in partnership with Professionals,
The Project Holders can consult these files and the Site can then propose a setting in relation if the Project Holders are interested,
The Carriers of projects have then access to the following information relative to the Professional: name, first name, email of contact, agency, professional insurance number, card of transaction number, photo, video of presentation, links on social media, perimeter of intervention, company of professional attachment, types of marketed goods, services proposed to market a good, services proposed to look for a good, services of proposed setting in relation.
The Project Owners remain free to accept or refuse this connection.
ARTICLE 5. LIABILITY AND GUARANTEES OF BOOMERANG
5.1. Operation of the Site
BOOMERANG cannot guarantee uninterrupted and error-free access, operation and continuity of the Site.
BOOMERANG is only bound by an obligation of means with regard to access, operation and continuity of the Site. BOOMERANG shall not be liable for any direct or indirect damage resulting from the use of the Site, regardless of the cause; in particular, BOOMERANG shall not be liable for the alteration of or fraudulent access to data and/or accidental transmission via viruses.
Similarly, BOOMERANG shall not be held liable for events due to force majeure, breakdowns and technical problems concerning hardware, programs and software or the Internet network, which may result in the suspension or termination of the Site.
Furthermore, BOOMERANG declines all responsibility in the event of misuse of the computer or any other means of communication or any incident related to the use of the computer or any other means of communication when using the Site and, more particularly, BOOMERANG cannot be held responsible for any damage of any kind whatsoever caused to any User, to his computer equipment, his means of communication and the data stored therein, nor for the consequences that may arise from this on his personal, professional or commercial activity.
5.2. Responsibility of BOOMERANG
The sole purpose of BOOMERANG is to put Project Owners and Professionals in contact with each other and to monitor the smooth running of purchase, sale or rental operations.
As the description of projects is limited to precise information, BOOMERANG carries out a preliminary selection of sales files compiled by the Company in agreement with its Professional partners.
BOOMERANG ensures that the Professional is indeed the holder of a T-card and requests the communication of various administrative information relating to the Professionals.
BOOMERANG selects the Professional partners of its Site.
The Project Initiator remains free and responsible for establishing contact with the Professional and for the follow-up action he/she intends to take.
ARTICLE 6. INTELLECTUAL PROPERTY AND DATABASES
For the purposes of this article, the term “Intellectual Property Rights” means copyrights and related rights, including software rights, data and database rights, trademarks (whether registered or not), trade names, domain names, designs (whether registered or not) patents, inventions, know-how and trade secrets, and any other right of a similar nature and requests or right to request the protection of the above-mentioned rights for the world, and any other intellectual or industrial property right whether or not it is registered or susceptible of registration.
The User/Visitor acknowledges and accepts in this respect that all Intellectual Property Rights relating to all or part of the Site, including in particular all software, graphics, images, texts, animated sequences with or without sound, logos, trademarks, product names, data and databases constituting, represented and/or accessible on or via the Site are exclusively owned or exercised by BOOMERANG.
The whole of this Site constitutes a work protected by the laws in force on Intellectual Property. No reproduction and/or representation, whether partial or complete, may be made without the prior written consent of BOOMERANG.
Any reproduction, use and/or modification made without the prior written consent of BOOMERANG is likely to constitute an infringement and may be prosecuted before the competent courts.
Any downloading, reproduction, representation, adaptation, translation, and/or transformation, whether partial or complete, or transfer to another Site or to any other medium (paper, digital medium, film, etc.) is strictly prohibited.
The User/Visitor thus undertakes (i) not to reproduce or duplicate all or part of the Site, (ii) not to modify or alter all or part of the Site, (iii) not to carry out on all or part of the Site any operation of reverse engineering, decompilation, disassembly of the computer program, analysis in any way whatsoever with the aim of destructuring, translation, listing and/or access to the source code via the object code, subject to the imperative legal provisions, (iv) not to transfer, lend and/or grant rights to all or part of the Site to third parties, even temporarily, free of charge or in exchange for remuneration, (v) not to exploit all or part of the Site beyond the scope of the rights that have been granted to him/her in order to benefit from the functionalities of the Site within the framework of normal, loyal use that complies with these GTC, (vi) and more generally, not to infringe, in any way whatsoever, on BOOMERANG’s Intellectual Property Rights.
ARTICLE 7. APPLICABLE LAW – SETTLEMENT OF DISPUTES
This Site is subject to French law. All of its content and services are governed by the French regulations in force.
Any interpretation, dispute or claim concerning the Site or the application of these GTUs will be under the jurisdiction of the French Courts.