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LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF SERVICE

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Last Updated: July 19, 2016

Article 1: Legal notice

The Weroom site is the property of Weroom, a company registered on the trades and companies register (RCS) of Nanterre under number 752 533 356 and with the organisation for the register of insurance intermediaries (ORIAS) under no. [_], having its registered office at: 19 Rue de Vienne – TSA 50029 – 75801 Paris Cedex 8 (hereinafter "Weroom", "We", "Us" or "Our").

Telephone: +33 (0)1.53.20.72.90
Email address: contact@weroom.com
Inter-community VAT number: FR 61 752 533 356
Publishing director: Thomas Villeneuve, CEO of Weroom
Editorial director: Jeanne Laurence-Pernice, Head of Content


Article 2: Definitions

Listing: Roomshare listing published by the Host on the Site.

T&Cs: these general terms and conditions of service.

Consumer: any person acting for purposes which are primarily outside his/her trade, business, craft or profession.

Roomshare: the state of living together in the same accommodation.

Fees: refers to the Host Fees and the Roomer Fees.

Host Fees: two types of fees: fees applied by the Third-Party Payment Facility to the Host and publication fees applied to the Host by Weroom in return for publication of the Listing by Weroom. The Host Fees are only due if the Roomer's reservation request is accepted by the Host.

Roomer Fees: service fees applied to the Roomer by Weroom in return for access to the Roomshare Listings and communications tools made available by the Site. The Roomer Fees appear on the Roomshare Listing and are paid at the same time as the Deposit.

Deposit: sum equivalent to the Monthly Rent paid by the Roomer when reserving a Roomshare on the Site, to ensure reservation of the Roomshare by the Host.

Host: any person who uses the services of the Site to offer a Roomshare.

Total Amount Due: sum made up of the Deposit and Roomer Fees to reserve a Roomshare via the Site.

Rent: amount due to the Host by the Roomer for the Roomshare in the accommodation for the agreed period, excluding Roomer Fees and Host Fees.

Monthly Rent: rent due for the Roomshare in the accommodation expressed monthly, excluding Roomer Fees and Host Fees.

Third-Party Payment Facility: secure external payment facility for making payments linked to the reservation of a Roomshare on the Site.

Professional: any legal entity or natural person not corresponding to the definition of Consumer.

Roomer: any natural person who uses the services of the Site to search for and/or reserve a Roomshare.

Site User: any person who visits the Site and/or uses the services offered there.

Site: the site weroom.fr


Article 3: Purpose of these T&Cs

These T&Cs govern all relations between Weroom and any person who visits the Site and/or uses the services offered on it (hereinafter "you" or "Site User(s)").

By viewing and using the Site, you acknowledge having read these T&Cs and explicitly declare that you accept them without reservation. These T&Cs may be printed out and are available to consult at all times. You acknowledge that you are competent and have the means required to access and use this Site.

Weroom reserves the right to amend these T&Cs at any time by publishing a new version of them on the Site. We therefore invite you to check them regularly.


Article 4: Functionalities of the Site

Weroom makes an online community platform available to Site Users, allowing people who want to live together in the same accommodation for a minimum period of one month to contact each other directly.

The Site particularly allows you to:


Article 5: Weroom account

A Weroom account allows you to publish Listings to find Roomers, view Roomshare offers published by Site Users, and contact or be contacted by other Site Users and make a reservation with the Host and pay the Total Amount Due for the Roomshare online via the Third-Party Payment Facility.

5.1 Requirements for creating an account

The creation of a Weroom account is reserved for people searching for Roomers or searching for a Roomshare. Site Users must be over 18 years of age, have the capacity to sign contracts and possess a valid email address.

5.2 Weroom account creation process

By visiting the Site:

The registration form must be completed with all the compulsory information. Site Users must read and accept these T&Cs before confirming their registration.

Site Users undertake to submit accurate information, provide their real identity and keep this information up to date using the "My Profile" page.

Once their registration form is confirmed, Site Users will receive an email at the address provided confirming the creation of their account. Site Users must click the link to confirm and finalise their registration. Once this confirmation is received, the Weroom account is opened.

5.3 Password

It is strongly recommended not to choose a password that is a common word, but to alternate numerals and letters. Site Users are responsible for regularly amending their password on the "My Profile" page.

Site Users are solely liable for their password and the use made of it. They explicitly undertake to conserve it and not to communicate it to anybody for any reason, and not to allow others to use their Weroom account. Consequently, they explicitly acknowledge that entering their email address and password shall be evidence of their identity.

5.4 Removal of the account

If Site Users wish to remove their account, they can do so by visiting the "My Profile" page and clicking the "Deactivate My Account" button. Once their account is effectively deleted, they will no longer have access to the services available from their Weroom account.

Weroom may, for the reasons and under the conditions set out herein, decide to delete an account without prior notification.


Article 6: The search for a Roomshare

When they search for a Roomshare, Site Users can visit the Site and consult available Roomshare Listings.

Site Users can also define search criteria on their "My Profile" page:

Site Users are informed that Weroom shall not communicate their contact details (address, email address and telephone number) to Site Users. Direct communication between Site Users does not require contact details thanks to the Weroom messaging system.

Site Users are solely liable for their exchanges with other Site Users as well as the information communicated in this respect.


Article 7: Roomshare offers by the Host

If a Site User wishes to offer a Roomshare, they can visit the Site and consult the "How to Use Weroom" page in order to find out information on the procedure to follow.

The provisions of this article only apply to Roomers and Hosts who are not Professionals.

If you are a Professional, please contact the Weroom sales department to obtain the terms and conditions applicable to publication of your Listings:

Telephone: +33 (0)1.53.20.72.90.
Email address: contact@weroom.com
Postal address: Weroom, 37 Rue de Châteaudun 75009 Paris

7.1 Publication of a Roomshare offer

The Host must:

7.2 Host Fees

There are two types of Host Fees: firstly, payment by the Host for uploading a Listing on the Site and, secondly, fees payable by the Host to the Third-Party Payment Facility. The Host is informed of the amount of Host Fees (incl. tax) before requesting publication of the Listing.

No Host Fees are due if publication of the Listing does not result in a reservation by a Roomer accepted by the Host.

If the Listing has been subject to an accepted reservation request, then Host Fees shall be due. The Host accepts that the Fees payable to Weroom shall be deducted from the Deposit payable to the Host and paid directly by the Third-Party Payment Facility to Weroom.

7.3 Host's cooling-off period

As a Consumer, the Host has a 14-day cooling-off period following conclusion of the contract to publish the Listing to cancel his/her contract without providing reasons and without charge.

The Host is informed that performance of Weroom's service, i.e. publication of the Host's Listing, shall only begin after this 14-day period, unless the Host wishes performance of the service to begin before expiry of this period. If so, the Host is informed that the service shall have been entirely performed by Weroom once a Roomer's reservation request has been accepted by the Host.

Consequently, the Host shall no longer benefit from the cooling-off period from the time of this acceptance, even if it occurs less than 14 days after the conclusion of the contract.

To invoke the cooling-off period, the Host must notify Weroom of its cancellation decision by means of an unambiguous declaration (e.g. letter or email) to the address appearing in the "Contact Us" article below.

The Host may also fill in and submit the standard cancellation form or any other unambiguous declaration on the Weroom site. If the User invokes this option, Weroom shall immediately send a confirmation of receipt of the cancellation by email.

On receipt of the cancellation request, Weroom shall immediately delete the published Listing, without charge for the Host. No Fees having been received by Weroom at this stage, no sum shall be reimbursed to the Host.

7.4 Published Listing

The host's listing will be published on the Website, with free access to all internet users who visit the Website and the Weroom social network accounts. When a Roomer's search criteria matches the listing details, the listing appears Roomer's Weroom account. The listing includes the total booking amount payable by the Roomer, and differentiates the Monthly Rent, the Rent and the Deposit, and the Weroom Fees applicable to the Roomer.

The Host may be contacted by Roomers with a Weroom account, via the messaging system, to ask questions and request further information. The Host is solely liable for his/her exchanges with other Site Users.

The Host undertakes to maintain the Listing up to date and to delete it when it is no longer applicable by clicking "Deactivate Listing". Weroom reserves the right to remove any obsolete Listings at any time.


Article 8: Reservation service

This service is reserved for Roomers who wish to accept the Roomshare offer published online by non-Professional Hosts.

Requests to reserve a Roomshare listed on the Site must be submitted via the Site, which the Host explicitly accepts, apart from in the case of an exception mentioned specifically on the Site.

The Weroom platform allows the Roomer to reserve the selected Roomshare online. The Roomshare conditions are agreed directly between the Roomer and the Host.

8.1 The online reservation request

To make an online reservation request, the Roomer must:

Users are advised that bank card details are subject to secure SSL (Secure Socket Layer) encryption to ensure maximum protection of data associated with means of payment, and that bank card details are not stored in Weroom's information system but deleted once the contract is terminated.

Weroom is not involved in either the payment or transit of sums payable by the Host and the Roomer to one another in relation to reservation of a Roomshare.

8.2 Roomer Fees

Roomer fees are payable by the Roomer to Weroom in return for access to the Roomshare Listings on the Site and the communications tools provided by the Site.The Fees payable by the Roomer are stated on the Roomshare Listing.

No Roomer Fees are due if the Roomer's reservation request is rejected by the Host or if the Host unduly cancels his/her acceptance. The conditions of article 9 apply in the event the reservation is cancelled.

8.3 Rejection or acceptance of the reservation request

In the event the Host fails to respond within 48 hours or explicitly rejects the request, the reservation request shall be automatically cancelled and the Roomer shall be informed. The sums blocked on the bank account by the Third-Party Payment Facility shall be immediately released without any charge. No Fees shall be due.

In the event of acceptance by the Host within 48 hours, the Roomshare shall be definitively reserved and the Roomer and the Host bound contractually.

The Host must implement the proposed Roomshare in accordance with the terms and conditions agreed, particularly the dates and financial conditions stated in the Listing published on the Site. The Roomer must fulfil its payment obligations.

Payments of sums of money between the Roomer and the Host are carried out via the intermediary of the Third-Party Payment Facility, which is a secure external payment facility provided.

The Third-Party Payment Facility shall debit the Roomer's bank account for the Deposit and the Roomer Fees once the Host accepts the reservation. The Third-Party Payment Facility shall conserve these sums until the Roomer has confirmed to Weroom his/her arrival in the Roomshare. Once this confirmation is received, at the latest two working days after the arrival, the Third-Party Payment Facility shall pay the Deposit to the Host on behalf of the Roomer, after deduction of the Host Fees which shall be paid to Weroom.

The Deposit shall then constitute the first month's Monthly Rent for the Roomshare. The Monthly Rent is therefore deemed to have been paid by the Roomer for the first month.

Weroom shall send the Host and the Roomer a confirmation email summarising all the conditions agreed between them. Weroom recommends printing out this email and conserving a paper copy. The Roomshare relationship is organised directly between the Roomer and the Host.

Each Site User is solely liable for the choice of status, conditions and performance of the legal and tax obligations resulting from the Roomshare. Weroom is not involved in the relationship between the Roomer and the Host, its service being limited to providing an online platform to put them in direct contact and enable online reservation of the Roomshare.

The conditions of article 9 below shall apply in the event of cancellation after acceptance by the Host.

8.4 Roomer's cooling-off period in respect of Weroom

The Roomer is hereby informed that he/she benefits from a cooling-off period in respect of the Weroom service, the conditions of which are set out below, entitling him/her to total or partial reimbursement of the Roomer Fees.

As a Consumer, in accordance with the French Consumer Code, the Roomer is entitled to a cooling-off period with respect to the service provided by Weroom, Professional, for which Weroom receives the Roomer Fees.

However, since the Roomshare obligations between the Host and the Roomer are a contract between two non-Professionals, neither party benefits from a legal cooling-off period once said contract is concluded (once the offer is accepted by the Host). The cancellation conditions of article 9 below shall therefore apply in the event of cancellation by the Roomer after acceptance by the Host. The cooling-off period is 14 days from the reservation request.

The Host is informed that performance of Weroom's service, i.e. sending of the reservation request to the Host, shall only begin after this 14-day period. In the event of cancellation by the Roomer within this time, the sums blocked on his/her bank account (Deposit and Roomer Fees) shall be released quickly and within a maximum of 14 days after the cancellation request. The Roomer shall not incur any costs for this transaction.

If the Roomer wants Weroom's service (i.e. communication of the reservation request to the Host) to be provided before expiry of the 14-day time period, the service will be provided immediately (communication of the reservation request) and shall have been entirely provided once the reservation request has been sent to the Host and the Host's explicit or tacit acceptance or rejection has been obtained.

Consequently:

To invoke the cooling-off period, the Roomer must notify Weroom of its cancellation decision by means of an unambiguous declaration (e.g. letter or email) to the address appearing in the "Contact Us" article below. The Roomer may also fill in and submit the standard cancellation form or any other unambiguous declaration on the Weroom site. If the Roomer invokes this option, Weroom shall immediately send a confirmation of receipt of the cancellation by email.


Article 9: Conditions in the event of cancellation of the Roomshare

The cancellation conditions once the reservation request has been accepted by the Host are as follows:

Strict Policy

Moderate Policy

Flexible Policy


Article 10: Weroom's role and responsibility as an online platform

Weroom's role is to offer an online platform to Site Users allowing persons looking for a Roomshare for a minimum of one month to contact each other directly via Listings published directly by Site Users and viewed by other Site Users.

The Roomshare relationship is organised directly between the Roomer and the Host. Each Site User is solely liable for the choice of status, conditions and performance of the legal and tax obligations resulting from the Roomshare. Site Users are hereby informed and accept that:


Article 11: Obligations and commitments of Site Users

By using the Site, publishing Listings, responding to Listings or using our services in any way at all, as a Site User, Host or Roomer, you undertake in particular to comply with the following commitments. Otherwise, you are hereby informed that your civil and/or criminal liability may be incurred by any person concerned or by the public authorities.

11.1 Commitments relating to online publication of any content

Weroom is a community platform allowing persons seeking a Roomshare to contact each other directly. Weroom is not a dating site or an employment site. Consequently, Site Users undertake not to publish dating or employment offers, including offers of employment in exchange for a Roomshare. The Host is solely liable for any Listing he/she publishes. Consequently, any Roomshare Listing published shall comply with applicable laws and regulations, particularly civil law, consumer law, urban planning law, rental law and tax law, and shall not breach the rights of third parties or any contractual commitments entered into by the Host. Weroom shall not be liable in any way for non-compliance by the Host with his/her contractual obligations or any laws and regulations, including but not limited to those mentioned above. Weroom reserves the right, at any time and without notice, to remove or deactivate access to any Listings considered contrary to these T&Cs or harmful to the Site.

Each Site User acknowledges and accepts liability for his/her own actions and omissions as well as those of any person residing or present in the accommodation at his/her request or invitation. Moreover, each Site User undertakes in particular:

11.2 Commitments regarding use of the Site

Site Users must use the Site without seeking to cause the Site any harm and without exceeding the functionalities offered. In particular, he/she undertakes:


Article 12: Breaches

All Site Users are asked to notify Weroom if they consider that a Listing, opinion, comment, message or any other content visible on the Site is manifestly unlawful or violates these T&Cs, by sending a message to the following address: contact@weroom.com


Article 13: Intellectual Property

The Weroom corporate brand, all figurative marks and other marks, illustrations, images and logos appearing on the Site, whether registered or not, the general structure of the Site, as well as the software, text, animated and still images, its expertise, designs, illustrations, database and all other components of the Site are and shall remain the exclusive property of Weroom.

The same applies to any copyright, designs, models and patents owned by Weroom. Any total or partial reproduction, modification, extraction or use, for any reason, in any format whatever, is strictly prohibited without Weroom's explicit prior consent.


Article 14: Hyperlinks

Hyperlinks to other third-party websites are available on the Site. Weroom has no control over these websites or their content.

Publication of links to the websites in question does not in any way indicate that Weroom approves these sites, not their content or the products or services offered on them.

Site Users have sole liability for their use. Site Users may not establish hypertext links to the site without Weroom's explicit prior consent.


Article 15: Availability of the Services

Weroom reserves the right, at any time and, if necessary, without notice, for any reason at all, particularly in response to technical and/or IT and/or communications and/or maintenance difficulties and/or constraints or events of force majeure, to interrupt access to the Site or end or amend the conditions for viewing the Site, with Weroom waiving all liability for the consequences of such interruptions or amendments.

More generally, Weroom reserves the right to make any changes of any kind to the contents of the Site.


Article 16: Personal data

Pursuant to the French Data Protection law (Loi Informatique & Libertés) of 6 January 1978, you have the right to query, access and amend your personal data as well as a right to prevent it being used, on legitimate grounds, which you may exercise by sending an email to: informatique-libertes@weroom.com or writing to: Weroom, 37 Rue de Châteaudun 75009 Paris, accompanied by a copy of proof of ID.

Further information on the management of personal data is contained in the Weroom privacy policies, which you are invited to consult.


Article 17: Applicable Law - Assignment of Jurisdiction

These T&Cs are subject to French law.

If you are a Consumer, you are informed that in the event of a dispute or disagreement with Weroom, you have the option, in addition to the courts, of bringing conventional mediation proceedings before the Third-Party Payment Facility or using an alternative means of dispute settlement to resolve it.

If you are a Professional, any dispute of any kind relating to the application of these T&Cs and the use and viewing of the Site must be brought before the Courts of Paris, which have sole jurisdiction even in the event of third-party recourse or summary proceedings.


Article 18: Miscellaneous

Weroom's failure to exercise any of its rights pursuant to these T&Cs shall not constitute a waiver of said rights.

If any of the provisions contained in these T&Cs proves to be null or void, the other provisions shall continue to be binding on the parties.


Article 19: Contact us

You can contact Weroom client services by any of the following means:

Telephone: +33 (0)1.53.20.72.90
Email address: contact@weroom.com
Postal address: Weroom, 37 Rue de Châteaudun 75009 Paris


Article 20: Stripe

Check the General and Connect terms and conditions of the Third-Party Payment Facility