Date of the most recent update: 6^th of December 2024

The Website/The Application https://traker.bnppre.fr/en (hereinafter, the “Website” or the “Application”) is published by BNP PARIBAS REAL ESTATE CONSULT FRANCE, Société par actions simplifiée, with share capital of 600 000 €, having its registered office at 50 cours de l’île Seguin - 92100 Boulogne-Billancourt, France, registered with the Trade and Companies Register of Nanterre under the number 398 514 190, with VAT no. FR 25398514190 (hereinafter, the “Company”). Company of the BNP Paribas Group.

N° ADEME: FR200182_03KLJL

Contact details of the Company: +331 47 59 17 21, serviceclient.realestate@realestate.bnpparibas

Business card « Transactions sur immeubles et fonds de commerce » N° CPI 9201 2016 000 013 052, delivered by Chambre de Commerce et de l’Industrie of Paris Ile de France.

Consulting activity in real estate strategy, feasibility studies, creation of decision-making tools, project management, lease renegotiation, real estate portfolio studies.

The Website / Application is hosted by OVH SAS, having its registered office at 2 rue Kellermann - 59100 Roubaix, +339 72 10 10 07.

The legal representative & publication manager for the Website/Application is Laurent Boucher, President.

ARTICLE 1: PURPOSE OF AND CONDITIONS FOR THE APPLICATION OF THE GENERAL TERMS AND CONDITIONS

1.1 Purpose

This document (hereinafter the “General Terms and Conditions”) defines the conditions governing access to and the use of the Website/Application by any user (hereinafter the “User”).

1.2 Conditions governing access

Use of the Website/Application is subject to the General Terms and Conditions having been read, accepted unreservedly and unconditionally, and being complied with in full by the User.

Any condition contrary to the General Terms and Conditions posed by the User remains unenforceable against the Company, regardless of the time at which it may have been brought to its attention or the format of its notification or acknowledgement.

The Company may modify the General Terms and Conditions at any time and without notice. Should they be modified, the Company shall indicate on the Website/Application the date of the most recent update of the General Terms and Conditions. As required, the General Terms and Conditions may be consulted, printed and / or saved in their current version at all times by the User and in any case shall remain available from the Website/Application.

Upon each connection on the Website, he Users are must read the most recent version of the General Terms and Conditions.

ARTICLE 2: ACCESS/AVAILABILITY AND MAINTENANCE OF THE WEBSITE/APPLICATION

2.1 Access to the Website/Application

In order to be able to access the Website / Application, the User must be connected to the Internet and have a minimal configuration in terms of devices used by the User (the “Device”) compatible with the use of the Website/Application.

The Device must be compliant with the standards in force, notably in terms of security and interoperability.

The User has sole responsibility for the configuration and functioning of its Device. The Company shall have no liability whatsoever and no compensation shall be paid or refund made by the Company in the event of any default or further to difficulties or the impossibility of using the Website / Application due to any cause connected to this Device. 

In the event that access to the functionalities of the Website/the Application is subject to the creation by the User of a user account, the user name and password must be kept strictly personal and confidential. The User shall use his account for his own requirements and shall not allow any other person to do so in his place or on his behalf. The User has full liability for the consequences of the actions taken from his user account, notably, for any damages caused by negligence or a breach of the governing law, of the rights of any third party and/or of any other User. The Company rejects all liability whatsoever on this basis.

The User must inform the Company immediately about any unauthorised use, proven or suspected, of his user name and/or password or, more generally, of the user account.

2.2 Availability of the Website/Application

The Company shall, to the extent possible and in the context of a best efforts obligation, guarantee a reasonable standard of running and availability with regard to the Website/Application.

Nevertheless, the running of the Website/Application can be momentarily interrupted for any reason either within or beyond the control of the Company, including any event of force majeure, maintenance, updates or technical improvements, or to update content and / or the service provided.

2.3 Maintenance of the Website/Application

The Company reserves the right, without notice or compensation, to suspend access to the Website/Application on a temporary basis to carry out maintenance work in connection with technological upgrades.

The Company shall make modifications to the existing functionalities of the Website/Application, in particular, its ergonomics, management and operating rules, as well as all modifications necessary as a result of changes to the applicable legislation or regulation.

Updates of this kind may lead to an interruption of service in relation to the Website/Application, the Company rejecting all liability on this basis. 

ARTICLE 3: USER-GENERATED CONTENT AND CONTENT REPORTING

3.1 User generated content

The User has sole responsibility for all content published online via the Website/Application in relation to which it hereby expressly declares itself to be the holder of all rights. 

The User therefore hereby represents and warrants to the Company that he / she shall not publish online any content which breaches the rights of third parties or of a User, in particular, in terms of intellectual property, or which constitutes personal injury (in particular, defamation, insults, slurs, etc.), a breach of privacy, of public order or of accepted standards of behaviour (notably, apologies for crimes against humanity, incitement to racial hatred, child pornography, racism, etc.) or which could be unlawful in any manner whatsoever. 

The User hereby grants the Company, free of charge, a global non-exclusive license which may in turn be transferred and sub-licensed for the use of all of the content published thereby on the Website/Application for the term of the protection afforded to the content in question, enabling the Company itself to publish, reproduce, represent, disclose and cite this content on the Website/via the Application.

The User expressly guarantees to the Company the unrestricted enjoyment of the user rights stipulated herein with regard to the content provided by the User, holding the latter harmless with regard to all disturbances, claims or loss of rights whatsoever, based for example on actions for infringement, issued by a third party or any other User.

3.2 Content reporting

The Company does not moderate or verify comments other than via an algorithm based on the content published by Users in the context of the use of the Website/Application.

The Company does however have a legal obligation to remove any unlawful content or to block access to the Website/Application immediately upon being informed of the manifestly unlawful nature of this content.

Users may flag up to the Company any content which they consider to be in breach of the laws and regulations in force (e.g. breach of intellectual property rights, identity theft, or other) and/or of the General Terms and Conditions, or to cause harm to the image or purpose of the Website/Application or to the rights of third parties, of any other User, or any content which they consider to contain errors.

After verification of any content flagged up, the Company then withdraws the content if it has indeed proved to be unlawful, non-compliant or erroneous, and also reserves the right to hold the author of the content liable. As required, and in accordance with the governing law, the Company shall inform the competent public authorities without delay and cooperate with the latter when content of this type has been flagged up thereto.

ARTICLE 4: INTELLECTUAL PROPERTY

The Company's trademarks, logos, graphics, photographs, animations, videos, scripts and texts published on the Website/Application and the structure of the Website/Application itself are the property of the Company or are licensed by third parties. This content is protected by copyright, trademark law and other intellectual property or related rights held by the Company or its licensors, and may not be reproduced, used or represented without the express permission of the Company or its licensors, under penalty of prosecution.

The Company grants the User a free, personal, non-exclusive and non-transferable right to use the aforementioned elements and to access and use the Website/Application in accordance with its purpose.

Any other use is prohibited other than with the express prior written consent of the Company granted on a case-by-case basis. 

In particular, the User may not modify, copy, reproduce, extract, download, broadcast, transmit, commercially exploit and / or distribute in any way whatsoever the content of the Website/Application or any of its elements without the prior written authorization of the Company on a case-by-case basis.

More generally, the User undertakes not to damage or attempt to damage the Website/Application in any way whatsoever and not to use software or any form of computer program whose purpose is to achieve or make available content that is protected or not freely available. 

The User may inform the Company by any means, of any error, fault, irregularity or malfunction that he notices in the use of the Website/Application as soon as he becomes aware of it.

ARTICLE 5: HYPERTEXT LINKS AND THIRD-PARTY CONTENT

5.1 Hypertext links from the Website/Application

Any hypertext links available via the Website/Application can link to third-party sites not published by the Company. They are provided solely in order to facilitate the use of the resources available via the Internet. If the User uses these links, he then leaves the Website/Application and then agrees to use the third-party websites at his own risk and peril or, as applicable, in accordance with the terms and conditions applicable thereto.

Therefore, the Company cannot be held liable in any manner whatsoever with regard to these hypertext links.

5.2 Hypertext links to the Website/Application

The User cannot use and / or insert any hypertext link connecting to the Website/Application other than with the prior written consent of the Company given on a case-by-case basis. 

If the Company does give its consent, the User must re-direct to the home page of the Website/Application without duplicating the home page or any other page of the Website/Application, and the User shall:

- Not delete, modify or amend in any manner whatsoever the size or appearance of any brands, logos or other distinctive signs relating to the Company;

- Not create any window, frame or other navigator around the Website/Application;

- Not insinuate in any manner whatsoever that the Company has secured or underwritten the products and services available via any third-party website / application / platform linking to the Website/Application;

- Not mislead any other User or any Third-Party or create any confusion as to the relationship between the User and the Company and not present any false, misleading or inaccurate information, notably relating to the Company and its products and services;

- Not use any marks, logos or other distinctive signs belonging to the Company for the needs of this hypertext link other than with the prior written consent of the Company given on a case-by-case basis;

- Not insert any hyperlink to the Website/Application from any site of which the User is not the publisher; and

- Not include on the website of the User which would redirect toward the Website/Application any elements which are defamatory, offensive, harmful or which breach the provisions applicable in terms of freedom of the press, which may violate the laws of third parties (or any other User) or which are in breach of the governing law in any manner whatsoever.

The Company expressly reserves the right to revoke the authorization granted, if applicable, as stipulated in this article, and to take all appropriate measures in the event of a breach of these provisions. The User shall be held liable for any direct or indirect damage connected to the said breach or resulting therefrom.

ARTICLE 6: LIABILITY

The Company shall, in the context of a best efforts obligation, provide access to the website/application with due care and attention and in accordance with industry best practice. The Company shall make its best efforts to guarantee the proper functioning of the Website/Application, within the limits imposed by these General Terms and Conditions.

However, the Company cannot guarantee that no error or anomaly or interruption or other disturbance to operations will arise during the use of the Website/Application. Similarly, the company shall have no liability for any momentary or long-term difficulties or impossibility in accessing the Website/Application originating from circumstances beyond its control, due in particular to disturbances to the telecommunications network or resulting from faults by the User, by any other User or by any third party and/or by security weaknesses in any device.

The User is informed and accepts that the Website/Application is provided to him/her "as is" and on the basis of availability.

The Company shall not have any liability with regard to the User other than where there is certain and definitive evidence establishing that a fault has been committed by the Company having caused effective and direct prejudice with regard to the User. If applicable, the user shall have responsibility for demonstrating that the Company has committed such a fault in the performance of its obligations pursuant to the Agreement.

The Company may not be held liable for any indirect damage and in particular any indirect commercial, moral and/or financial damage suffered by the user, including any loss of profits due to, originating from or based on the use of the Website/Application.

ARTICLE 7: PERSONAL DATA AND COOKIES

7.1 Personal data

To enable the proper functioning of the Website/Application, the Company may gather certain personal data concerning the User and, for this purpose, may carry out data processing for which the Company acts as the controller (for further details, please click on the Company’s Data Protection Policy available at: https://data-privacy.realestate.bnpparibas/

7.2 Cookies

When navigating the Website/Application, cookies may be placed on the Devices used by the User, subject to the choices made by the User and which can be modified by the User at any time. 

To find out more about cookies and how they are used, the Company invites the User to look at its policy on cookies https://traker.bnppre.fr/en/cookie-policy

ARTICLE 8: MEDIATION / GOVERNING LAW / JURISDICTION

These General Terms and Conditions are governed, interpreted and applied in accordance with French law to the exclusion of its rules regarding the conflicts of laws.

In the absence of an amicable resolution, any dispute relating to the validity, interpretation, execution or non-execution of these General Terms and Conditions shall be subject to the courts under the jurisdiction of the Paris court of appeal.

ARTICLE 9: CONTACT US

Any details relating to the application hereof or any claim related to the Website/Application must be submitted:

- via email to the following address:serviceclient.realestate@realestate.bnpparibas

- by phone on working days: +331 47 59 17 21

- via letter sent to the following address: BNP PARIBAS REAL ESTATE FRANCE France, Service Marketing, 50 cours de l’île Seguin - 92100 Boulogne-Billancourt, France