Article 1 – Identification
Global Media Center GMT, with capital of xxx euros, headquartered at 27 rue Saint-André des Arts – 75006 Paris (France), is the owner of the Orazio Platform (hereafter referred to as “Orazio”).
The platform is hosted at OVH.
Article 2 – Définitions
In this document, the terms hereafter have the meaning given to them below:
- Property: the real estate properties of which Users are effectively the Owners or for which they hold a management contract and which are proposed for rent on the internet.
- TS: these general terms of service and of sale.
- Content: any element (text, photo, picture, etc.) inserted by Users onto the Platform. Each User remains the Owner of and is responsible for the Content inserted.
- Tenant: the person who rents the Users’ Property.
- Platform: the “Orazio” Platform that allows for synchronized management of the properties proposed on one or several website.
- User: any person who uses the Orazio services to manage the rental of a property proposed on the internet. This person may be either the Owner of the Property or hold a rental management contract (real estate agency).
Article 3 – Purpose
The Platform is accessible remotely at the URL app.oraz.io and gives Users the opportunity to manage the renting of their Properties in a synchronized fashion and to offer various services to their Tenants.
Access to the Platform is free of charge.
The purpose of these TS is to define the conditions for registration and for using the Platform for Users and Tenants.
The TS must be followed by all Users and Tenants and must be approved before opening any account on the Platform.
The Platform facilitates the management of renting the Properties, but shall under no circumstances intervene in the rental contract signed between the Users and the Tenants. Renting and managing the Property remains the full responsibility of the User.
These TS contractually bind the User with Orazio.
Article 4 – Access to the Platform
Access to the Platform requires the User to have access to the internet. All costs pertaining to the equipment and connection to the internet are the full responsibility of the User.
The User states being aware of the internet characteristics and limits described below:
- That the transmission of data over the internet only be subject to relevant technical reliability and that no party may guarantee the proper functioning of the internet;
- That Orazio has taken significant measures to secure access to the Platform under an obligation of means, but that data circulating on the internet may be subject to interception, and that thereby, the communication of passwords, secret codes, and more generally, any sensitive information is done by User at their own risk;
- That the internet is an open network at that the information sent over it is not protected against the risk of interception, fraudulent, malevolent or unauthorized intrusion into the User’s information system, hacking, unauthorized alteration or mining of data, malevolent modification or alteration of programs or files or contamination by computer viruses. That as a result, it is up to Users to take all appropriate measures to protect their own data and/or software stored on their servers from contamination by viruses or attempts at intrusion into their information systems by third parties via the access service.
As a result of the preceding, and with full knowledge of the characteristics of the internet, the User forfeits engaging the liability of Orazio with regard to one or several acts or events mentioned above, except for a violation of an obligation of means.
The User acknowledges being sufficiently informed about the computer conditions required to access the Platform.
Article 5 – Services offered to the User – Obligation of information
The Platform allows Users to manage the Properties they offer for rent on various online rental websites. Rental approvals are synchronized and updated automatically on all the websites listing the Property for rent.
The User can access an interface presenting a rental calendar for each of the Properties for rent, requests from Tenants, offers that the User may propose to the Tenant, etc. On this interface, the User can access the form completed by the Tenant specifying the arrival and departure time and any expectations.
The interface may be shared by the User by limiting access. The person with whom the interface is shared will have private access using their email address and a password. It is up to the User granting this access to have these Terms of Service approved. The User is responsible for this document being respected by any person being granted access rights.
The User may offer the services of their choosing to the Tenant (regional products, linen rental, tourist activities, etc.).
The Platform is configured to operate on the updated browsers Chrome, Firefox, Internet Explorer or Safari.
The User acknowledges having verified the suitability of the Platform to their needs and having receive all the information and advice necessary to sign up in full knowledge of the cause.
Article 6 – Registration
Registering on the Platform is valid for an unlimited time period. The contractual period begins upon validating the registration on the Platform.
The account may be closed by request from the User, or by Orazio for any reason as long as official notice is given thirty (30) days prior.
6.2. User registration
The User undertakes to indicate the information requested with precision and accuracy. Any erroneous or false information may hinder the proper execution of services.
Article 7 – User obligations
7.1. Use of the Platform
The User undertakes not to use the Platform for purposes other than those specified within these TS. The User undertakes to keep the username and password allowing them to log into the account confidential and is responsible for these terms of services to be followed by any person having access to the Platform with authorization. Access may only be authorized by the User to their employees, associates and commercial partners involved in managing the Property for rent, for whom he is responsible for following these TS.
The User undertakes to only manage the rental of properties of which they are effectively the owner or whose management has been duly assigned to them (real estate agency). If the management concerns Properties for which the User has no contract, the account may be closed without notice once Orazio becomes aware of this fact, and litigation may ensue.
The User is informed that advertising from Partners of Orazio may be sent to the Tenants. The User undertakes to obtain approval from their Tenants to receive this advertising.
7.2. Respect for rental websites and the law
Orazio is only a Platform that helps to facilitate the rental management of a property. It is up to the User alone to follow all of the Terms of Service of the websites on which the Property is listed for rental.
The User undertakes to respect all regulations pertaining to renting out Properties and to have any insurance required.
The User undertakes to respect all regulations governing this practice (property rental), including tax legislation. They undertake to only sent to the Platform accurate and complete information.
The User alone is responsible for following legislation and respecting their possible obligation pertaining to professional civil liability insurance.
Once they insert a link onto the Platform (hypertext link, etc.), the User must ensure that it contains no viruses, malware, Trojan Horse, etc.
The User alone is responsible for processing the data they may access via the Platform. They undertake to respect the Amended Information and Freedom Law of January 6, 1978.
The User undertakes to inform Orazio within 24 hours of the discovery of a technical malfunction which may prevent use of the Platform and undertakes not to intervene themselves or to involve a third party.
Finally, the User ensures that they may indeed propose the products or services they wish to highlight with their Tenants (respecting legislation, respecting the right of property, etc.). They alone are responsible for what they offer to the Tenants, and undertake to respect Tenants’ orders.
7.3. Respect for property rights and Copyright protection
Unless otherwise specified, the elements accessible on the Platform, such as databases, management tools, texts, and more generally, any information made available to the User are the full, entire and exclusive property of Orazio. In particular, Users are prohibited from:
- Copying or reproducing, decompiling, in part or in full, the Platform by any means and under any form whatsoever;
- Using the Platform for purposes other than according to the stipulations strictly interpreted in these TS.
The registration of the User only grants them a right of non-transferrable and non-exclusive personal private right of use.
The User consents to a license of reproduction and representation online, anywhere in the world, free of charge and for the duration of the contract, for any Content they may have sent to Orazio to be inserted onto the Platform.
The User ensures to have all these rights when inserting Content (photos, etc.) and guarantees Orazio in the event of violation of these third-party rights by this Content (covering legal defense costs and possible sentencing to pay damages and interest).
7.4. Not respecting obligations
Not respecting the points mentioned above by the User, and especially any content sent which may involve civil, professional and/or penal liability, shall lead to Orazio’s right to close the User’s account without notice, damages or refunds whatsoever. Orazio reserves the right to press charges against the User.
The User undertakes to pay Orazio for any legal ruling given against it, including any costs involving its defense, due to the User’s Content or any infringement of the rights of a third party (rental of a property not under contract, violation of the TS of the rental websites, etc.).
If there are more than three (3) Client complaints against a User, Orazio reserves the right to close the account of the User receiving the complaints after having informed the User of these complaints and having allowed time to respond to them. No penalty shall be paid to the User.
Article 8 – Orazio’s responsibility
Orazio shall do anything possible for the Platform to be accessible 24/7 under an obligation of means, but does not guarantee a rate of availability. Orazio shall do its best for it to function in a reliable and constant manner, but cannot guarantee uninterrupted functioning or functioning without error. The User acknowledges in particular that no party may guarantee the functioning of the internet network.
Orazio undertakes to take all reasonable precautions to ensure the protection of the Platform and to secure access to it.
Orazio does not guarantee that the Platform will be exempt from anomalies or errors, nor that they may be corrected.
Through the Platform made available, Orazio allows for rental management of Properties, but shall not be responsible for any prejudicial event to the User with relation to the completion or absence of completion of a rental.
The risk of double/multiple rental exists, especially in cases where the reservation occurs on two different listing websites at the same time or within a short timespan. It is up to the User to verify that each reservation is unique, and Orazio’s liability may not be engaged the event of multiple reservations for the same time period.
The User is informed of the inherent limitations of the internet and shall use the Platform at their own risk. It is particularly requested of Users to backup their data, and Orazio’s liability may not be engaged in the event of a loss of data.
Orazio in no way guarantees the conclusion of rental contract using the Platform nor in an increase in income.
Generally speaking, Orazio’s liability shall not be engaged for any damage caused by a force majeure event, by the User or by a third party, nor for any indirect and/or unpredictable damage (loss of income, loss of Tenants, etc.).
Article 9 – Transfer
The User is expressly prohibited from transferring, free of charge or for a fee, all or a portion of the rights and obligations they hold under this Contract.
Article 10 – Private data protection
10.1 Data processing
Under the provisions of Law No. 2004-801 of August 6, 20014 amending Law No. 78-17 of January 6, 1978, the so-called “Information and Freedoms Law,” personal information requested from the User are necessary for the proper functioning of the Platform and for managing the user account. It shall only be used by Orazio for the proper execution of this contract and shall allow Orazio to send advertising from Partners, as long as the User approves of such.
Processing personal data was registered with the CNIL (file no.).
The User is informed that they may, under the provisions of amended Law 78-17 of January 6, 1978, exercise their right to access, rectify and oppose this information by writing to Orazio by email at the following address: firstname.lastname@example.org.
Professional Users (real estate agencies) also undertake to respect the Law of January 6, 1978. They are responsible for process any personal information about Tenants they pay receive via the Platform. They alone may decide on the purposes of processing this data. Orazio is only a subcontractor of the User with regard to the personal Tenant data, and thereby, its obligation is only an obligation of security (obligation of means). Orazio undertakes not to use this data without approval by the User. Tenants may still receive information from Orazio’s partners pending approval.
Compliant with the deliberation by the CNIL No. 2013-378 of December 5, 2013, Orazio informs Users that the cookies record certain information stored in the memory of their hard drives. This information is used to generate traffic statistics on the Platform and to recognize Users when they log in. An alert message in the form of a pop-up window asks every person visiting the Platform if they wish to accept cookies. These cookies contain no confidential information about the Users of the website. The pop-up window must be closed with a voluntary action by the User (click), which is considered approval of recording cookies onto the computer.
Article 11 – Reversibility
At the end of the contract, the User may use the “Export” function to recover all their data onto an Excel file.
Article 12 – General terms
Canceling any clause of the TS, especially in application of a law, regulation or following a ruling of a competent jurisdiction entered into force shall not lead to the cancellation of the other clauses of the TS, which shall retain their full effect and scope between the parties.
No provision of this contact shall be considered to have been dismissed, completed or modified by either party without prior written action signed by the authorized representatives of the parties, in the form of an amendment to these TS, expressly mentioning the decision to dismiss the application of a contractual clause, to complete it or modify it.
The fact that Orazio should not claim at a certain time any of the clauses of this Contract, and/or infringement by the User of any of its contractual obligations may not be interpreted as renunciation by Orazio of later claiming any of these clauses or contractual obligations.
Article 13 – Applicable law
These TS are subject to French law.
Article 14 – Dispute resolution
Any dispute resulting from the interpretation or execution of these TS shall be subject to an attempt of amiable resolution.
Failing an amiable solution undertaken between the parties, any dispute which may arise between the parties shall be the competence of the competent tribunals of the User is not a business-owner.
IN THE EVENT OF LITIGATION, the competent tribunals shall be the tribunals of TEL AVIV.
The legal information following applies to any internet user visiting this website as compliant with French law.