Legal notices and other terms of use

The company SUBSQUARE, SAS with capital of 10 000,00 euros, whose registered office is located 2 avenue Paul Doumer, 75116 Paris, registered with the RCS of Paris under No. 823 822 812, operator of the site www.abrastone.com ( "The Site"), is the publisher of online services allowing the filing and the consultation of offers of sale of real estate in France and in any country on plan, intended for customers buyers professional or not, French or any nationality ("the Clients"). The purpose of the Site is to enable Customers to consult all the offers of new programs worldwide, to get in contact with the promoter of the selected program, but also to get in touch with a bank for the financing, managers for renting, or lawyers for legal and tax information.

SUBSQUARE proposes a marketplace allowing the linking of Promoters and Clients, hereinafter jointly designated Users. SUBSQUARE is not an intermediary of the sale.
These Terms of Use (hereinafter "TOS") are intended for all Users and are intended to define the terms and conditions for making available and using the services of the Site www.abrastone.com.
The Publishing Director is: Fabien Sellam
The www.abrastone.com Website is hosted by OVH, 2 rue Kellermann, 59100 ROUBAIX.

Access to the Site, its consultation and use result in the unconditional acceptance of these Terms. They may be modified at any time, unilaterally by SUBSQUARE, according to the changes or additions made, in particular to comply with any legal, jurisprudential, editorial and / or technical developments. Users are therefore advised to refer before use to the latest version of the Terms accessible at any time on the Site. In case of disagreement with these conditions, no use of this Site can be made.
SUBSQUARE reserves the right to refuse access to the Site, unilaterally and without prior notice, to any User who does not comply with these Terms of Use.

DEFINITIONS

Client: means an individual or a company in France and in any country wishing to find out about a property on plan or completed new and available for sale.

Account: The set of personal data relating to a User, including his identity elements as well as his Accession Identifiers, allowing him to access the Services of the SUBSQUARE Platform.

Professional space: information communicated or entered by the Promoter allowing the creation of its Product Sheets posted on the Site.

Project file: description of a Real Estate Program displayed on the platform from Elements communicated or entered on the professional space of the Promoter and reworked or not at the discretion of SUBSQUARE, as well as translated into several other foreign languages ​​without this does not modify the essential characteristics of the products proposed.

Identifier: Username or code chosen by the User allowing his identification and access to SUBSQUARE Services.

SUBSQUARE platform: means the functional and organizational structure set up by SUBSQUARE allowing the connection of Promoters and Clients interested in the Programs.

Price: means the total price of the lot selected by the Client, indicated on the Site, excluding transaction costs, specific to each country.

Program: means real estate on plan or completed new and available for sale proposed by the Promoters, in the form of Project Sheets, via the SUBSQUARE Platform.

Promoter: natural or legal person who wishes to exhibit a property on plan or completed new and available for sale on the Site and go through the Platform SUBSQUARE.

Services: All the functionalities made available to Users by SUBSQUARE and available on www.abrastone.com.

User: means a Customer or a Promoter who may use the SUBSQUARE Platform after acceptance of these Terms of Use.

ARTICLE 1 - CONDITIONS OF ACCESS

1.1 - Costs and expenses
The Website is accessible free of charge to any User who has access to the Internet. All software and materials necessary for the use or functioning of the Site Services, or access to the Internet with the exception of Services offered directly on the Site, are at its expense. He is solely responsible for the proper operation of his computer equipment and his access to the Internet.
SUBSQUARE reserves the right to interrupt, suspend temporarily or change without notice access to all or part of the Site, to ensure maintenance, or for any other reason, without the interruption does not open right to no obligation or compensation.

1.2 - How to Register and Create an Account
The optimal use of the SUBSQUARE platform involves online registration and, in particular, the creation on the Site of an Account. By registering with SUBSQUARE, the User has a unique identifier and a personal access code strictly personal, does not infringe the rights of a third party and that it undertakes to keep confidential. Any User undertakes to provide accurate information as to his identity, address and other data necessary to access the SUBSQUARE Platform, such as not to induce SUBSQUARE or third parties in error, and to update any relative modification. to this information. It is up to him to take all necessary measures to protect his own data against any infringements. He is also required to provide a valid email address.
At the same time, SUBSQUARE must put in place all the means at its disposal to guarantee the security and confidentiality of the data transmitted.
To access the benefit of the SUBSQUARE Platform, the User must be a natural person or a legal person, who must mention the valid information concerning his name and that of his legal representative if applicable, his company name, Siret no. or identification, home address, phone number, email address.

The User agrees not to create or use other accounts than the one initially created, whether under his own identity or that of third parties, except with express and specific authorization of SUBSQUARE.
The User must also respect the following rules, without prejudice to the above:
- Do not harass other Users of the Site or make slanderous, slanderous or racist statements on the Site, and more generally contravene the French legal or regulatory texts in force, the rights of persons, public order and morality.
- Do not obtain information about other Users, either manually or using automated methods or access an Account belonging to another User.
- Do not download viruses or other codes that could jeopardize the operation of the Site.
The data collected automatically by the Site is the IP address (address of the User's computer), to the exclusion of any other.

1.3 - Duration and termination
The period of validity of the registration of a User to the Site is undetermined.
The User expressly acknowledges that SUBSQUARE may, by right, without notice or compensation, terminate all or part of the Services provided. He may, for his part, decide at any time to delete his Account, by clicking on the icon adapted for this purpose on the Site.
SUBSQUARE may, in the same way and without prejudice to any damages or interest against a User, automatically terminate or suspend, without prior notice, his Account and proceed to its deactivation in case of violation (s) ) serious and / or repeated of the stipulations of the present General Conditions of Use, in particular in case of: sale of Prohibited Programs, inaccurate information, attempted fraud or any other criminal offense. The User can not invoke in this hypothesis any costs incurred by him in connection with the use of the Site Services.

ARTICLE 2 - SERVICES OFFERED BY THE SITE

SUBSQUARE offers a useful and practical Site dedicated to SEO facilitating search for users and marketing for developers of real estate programs on plan or completed new and available for sale.
As such, SUBSQUARE provides its Users with a wide range of Online Services, among which, without this enumeration being exhaustive or definitive: the relationship between the Promoters and the Clients, but also the connection between the Clients and banks, managers and lawyers, 3D visualization of programs and housing.

2.1 - Getting in touch

SUBSQUARE undertakes to make available to Professional Clients or not, on its Platform, the Promoters' offers in the form of Product Sheets including a description of their Programs and including, where applicable, virtual visits of pilot apartments.
SUBSQUARE offers a simple Linking Service between the Promoter who wants to offer real estate for sale on plan or completed new and available in France and in any country and the Customer who wishes to make a real estate investment in France and in any country.
SUBSQUARE is in no way responsible for the finalization of sales, deliveries or the quality of the Programs and never comes into possession of the real estate.
The Customer consults the Product Sheets posted on the Site, makes any visits in 3D, and decides whether or not to contact the promoter to collect more information in order to finalize the reservation or purchase of the property . The offers of the different Promoters are grouped on the www.abrastone.com Website which offers the most adapted to the Customer according to various criteria (price, delivery times of the Program, location, etc.).

2.2. Creation of Product Sheets

To present the Online Programs, SUBSQUARE provides the Promoters, on the Site www.abrastone.com Project Sheets, allowing Customers with an Account to access Programs and lots, perform visits in 3D and the case. appropriate to contact the Promoters.
These Project Sheets allow to describe the new Programs offered for sale by indicating in particular: the location of the Residence and its characteristics, the estimated delivery date of the Program, the level of taxes, statistical data, the projected rate of return, the rental value, etc.
As such, the Promoter completes on the site www.abrastone.com, in the requested format, the Elements to constitute a Project Sheet, knowing that these can be reconfigured at the discretion of SUBSQUARE.
However, the photos are retouched only on the colors of the environment (grass, vegetation, sky) and can also be resized if necessary. The Programs / apartments are presented in the Project Sheet from perspectives provided by the Promoter, and possibly 3D video to offer to the Clients virtual visits of pilot apartments with the choice or not of interior decorations created by the Site .
Users can also download the brochure of the residence (subject to availability), as well as the plan of the apartment.
The content of the Project Form must not be such as to prejudice the legitimate interests of third parties of any kind (intellectual property rights, image rights).
The Promoter may at any time ask SUBSQUARE to modify / add Items to its Product Sheet.

2.3. - Virtual tour in 3D

The www.abrastone.com Website may propose to its Clients a 3D modeling of the real estate program for which they have an interest in the acquisition.
As such, visitors can, according to the program, make an immersive virtual tour of control apartments.

2.4. - Financial simulation and general information

SUBSQUARE does not offer the User financial services in connection with a real estate purchase.
However, the User has on the Site a form with a financial simulator to carry out calculations of financing plans or calculations of purchasing power in real estate.

The loan rates that may be proposed by default and the financing plans are provided for information only and have no contractual value.

This financial simulator is only intended to provide an information service to the User, therefore, the responsibility of SUBSQUARE can not be engaged on the basis of this information. After review and validation of the form submitted by the Visitor to SUBSQUARE, SUSQUARE transmits the request of its Clients to its Financial Partners located in the country of the selected program.
In addition, SUBSQUARE offers on the Site access to general information on the sales operations of new or completed programs that are new and available for sale in the form of content and explanations.
No information published on this Site constitutes an incentive to invest or to carry out operations. These examples and simulations have only an indicative value, SUBSQUARE giving no guarantee as to the result obtained.

ARTICLE 3 - PRICES AND STOCKS

The prices offered on the Site may be modified at any time. The offers of real estate programs are offered within the limits of available stocks.
The estimated delivery times and the price are indicated when the booking contract is signed.
Promotional offers, flash sale or permanent on certain goods may be offered by SUBSQUARE (reduced notary fees, offer of products and services or reduction of the sale price, etc.) for the duration and in the conditions detailed on the Site.

ARTICLE 4 - ELEMENTS / CONTENT / ILLUSTRATIONS

The Site is an area of ​​freedom in respect of the law.
The Elements / content / comment must not be such as to prejudice the legitimate interests of third parties whatsoever (intellectual property rights, image rights).
The photographs, illustrations, graphics, plans, illustrating the Product Sheets, in support of the text of the offers, do not enter into the contractual field. If errors are made, under no circumstances can SUBSQUARE be held liable.
The characteristics of the properties for sale and their price, although subject to special attention, are given subject to input errors or availability at the time of their consultation.

Similarly, rental values ​​and rates of return are provided for information purposes only. SUBSQUARE does not guarantee this data.

ARTICLE 5 - INTELLECTUAL PROPERTY

All elements constituting the Site (texts, graphics, software, photographs, images, videos, sounds, plans, names, logos, brands, creations and various protectable works, databases, etc.) and the Site itself - even under French and international legislation on copyright and related rights.
These elements are the exclusive property of SUBSQUARE, except the elements made by contributors outside the Site, not having ceded their copyrights.
Any non-expressly permitted use of elements of the Site will result in copyright infringement or any other rights and regulations in force and constitutes an infringement.
Except with the prior written consent of SUBSQUARE, the User agrees not to modify, copy, reproduce, republish, download, upload, transmit, sell or distribute in any way, on any other server or in another instead, the content made available by SUBSQUARE including codes and Project Sheets.
Notwithstanding the foregoing, the Materials provided by each Promoter in connection with the creation of a Product Data Sheet are and remain its property, subject to the provisions below, with the exception of those reworked by SUBSQUARE.
The Promoter assigns to SUBSQUARE the intellectual property rights necessary to perform the Services, which relate to the Elements or Programs that it presents on the online platform, even after its participation has ended.
The assignment of rights to the benefit of SUBSQUARE is granted for free, non-exclusive worldwide and for the duration of publication of the Product Sheets on the site.
Users guarantee SUBSQUARE more generally against any recourse by third parties as to the ownership of the rights granted and the freedom of their use and exploitation, and undertake to identify and guarantee the Company of any sentence pronounced by court order, final or enforceable. by provision, which could be pronounced against the latter because of the use of the rights granted.

ARTICLE 6 - DISCLAIMER OF WARRANTY AND EXCLUSIONS OF LIABILITY

SUBSQUARE Services are provided "as is" without warranty. The Company expressly excludes, to the fullest extent permitted by applicable law, all warranties expressed, implied and statutory, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
SUBSQUARE excludes all warranties as to the security, reliability, timeliness and performance of its Services.
Moreover, under no circumstances can the company's responsibility be sought in the event of total or partial non-compliance with an obligation and / or failure of the operators of the transport networks to the Internet world and in particular of its or its providers and hosts.
SUBSQUARE accepts no responsibility of any kind with regard to:
- The deletion, the impossibility of storage, the incorrect transmission or the untimely transmission of information or data appearing on the Site or resulting from the Services.
- costs caused by loss of profits and / or loss of data;
- performance or non-performance of the Services on this Site or information or Programs that appear in the proposed results;
- Damage that may result from downloading or using information or data available on the Internet through the Services on this Site, such as damage to computer systems, loss of data,
- The form or content of the information posted on its spaces by the User.
These limits of liability will apply to prevent claims for incidental or consequential damages, regardless of the cause of such damages (including damages to third parties).
In the event that the responsibility of SUBSQUARE is sought because of a breach by a User to the obligations incumbent on him under the terms of the law or these Terms, the latter undertakes to guarantee SUBSQUARE against any sentence pronounced against him, this guarantee covers both the indemnities that might be paid and the costs.
SUBSQUARE is an intermediary and closer to the Promoters and Clients but also in a related way, customers with financial partners, lawyers and property managers. SUBSQUARE is therefore in no way responsible for the conclusion, execution or termination of the relationship established between any Customer and any Promoter, nor for the delivery, settlement or quality of the Programs. As such, SUBSQUARE never comes into possession of real estate, and is bound to a mere obligation of means. SUBSQUARE can not guarantee that the Promoter Program will satisfy the Client.

Similarly, SUBSQUARE can not guarantee to the Promoter that the sale will not be finalized or canceled by the Client.
SUBSQUARE can not guarantee, in any way, any commercial efficiency
SUBSQUARE reserves the right to suspend or stop the dissemination of the Site without being required to pay Users compensation of any kind whatsoever.
Moreover, SUBSQUARE accepts no responsibility of any kind, in the disputes which could oppose Customers and Promoters. The plan corresponding to the lot or the program, communicated by the architect and which is authentic, is the one annexed to the sales contract signed at the notary's.

ARTICLE 7 - DECLARATIONS AND USE OF PERSONAL DATA

By completing the registration form or any other form on the www.abrastone.com website, the User gives his express consent to the creation by SUBSQUARE of a file allowing the preservation of the data entered.
In accordance with the law n ° 78-17 of January 6, 1978, known as "Data processing and liberties", the Site was the subject of a declaration near the National Commission of Data processing and Freedoms (CNIL) under the number : 1762270 v 0.
In accordance with Article 27, the User has the right to access and rectify data concerning them at any time. This right may be exercised by post or email to SUBSQUARE:
- contact@abrastone.com
- Address: 2 Avenue Paul Doumer, 75116 Paris

In addition, the Site may implement an automatic tracking process (cookie), which the User may interfere with, by modifying the parameters of his Internet browser. It does not expose itself to any risk by accepting the use of this system. A "cookie" does not identify it. Its purpose is to record information relating to the browsing of the User's computer on the Site. The information thus collected by SUBSQUARE is subject to computer processing and the User has a right of access and rectification under the conditions set out above.

Use of personal data.
The details of the Client User must be used solely for the purposes of the aforementioned services and the legal obligations associated therewith. Any other use of such data such as rental, sale, resale or copying by the Promoter is expressly prohibited.
As such, the Promoter can not, regarding the information:
(a) reveal or transfer any transaction information, except for the purpose of executing the terms of the agreement, knowing that they are confidential and should be treated as such,
(b) use any transactional information whether for marketing or promotional purposes, or in any other way contravene the rules of the Parties or applicable privacy laws,
(e) denigrate SUBSQUARE or its Services, or any other products of other Promoters, or any User whatsoever.

ARTICLE 8 - HYPERTEXT LINKS

The hypertext links that may be present on the Site www.abrastone.com and that allow to visit external sites are not the subject of SUBSQUARE any guarantee, moral or legal guarantee. Indeed, these sites are not managed by SUBSQUARE and no control of their content is possible by the Site. SUBSQUARE can not in any case be held responsible for any damage, direct or indirect, whatever the nature and scope, in case of use of these links by the User.

ARTICLE 9 - GENERAL PROVISIONS

Any notification of a User, to be admissible, must be detailed, clearly indicate the reasons for the dissatisfaction and be transmitted to SUBSQUARE by simple letter, by e-mail or via his Personal Account.
The responsibility of the parties can not be engaged for any delay or non-performance when it is linked to a case of force majeure, as defined by the texts.
The fact that any clause of the General Conditions of Use becomes null, unenforceable, obsolete, illegal or unenforceable by the fact of a law, a regulation or following a court decision, can not call into question the validity, the legality, the applicability of the other stipulations of the TOS and will not exonerate the User from the execution of his contractual obligations.

ARTICLE 10 - DISPUTES AND APPLICABLE LAW

These Terms of Use are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
All disputes to which these General Conditions of Use could give rise, concerning their validities, interpretations, executions, or termination, their consequences and their consequences will be submitted to the competent Courts within the competence of the headquarters of SUBSQUARE.