General
Terms and Conditions of Use
1.
INTRODUCTION
These general
terms and conditions of use ("Terms of Use") shall exclusively govern
all FURNISHED or/and its affiliates, subsidiaries, franchisees (FURNISHED) and
any secondary or related websites, such as dedicated areas on social networks,
in their relationship with Users. Before proceeding to the Site, Users must
read these Terms of Use carefully as they are contractually binding.
The Site offers a service of online booking for rooms in flatshares and individual
studios in Luxembourg.
By accessing the Site, Users (as defined herein) agree and accept to be bound,
personally or on behalf of the company they are acting for, by these Terms of
Use.
The Services offered are destined to individuals and companies alike.
2.
DEFINITIONS
The following
terms or their grammatical variations shall, unless the context otherwise
requires, have the following meanings:
FURNISHED: FURNISHED is a brand owned by Altea Immobilière Sarl, a limited
liability company that has its registered office at 228 Route d’Esch, L-1471
Luxembourg and which is registered at the Luxembourg chamber of commerce under
n° B 124421.
Client: any Member who subscribed to any of the Service(s) offered by this
Site.
Member(s): Any individual or entity registered in the Site and using any
Service(s) offered by FURNISHED.
Newsletter(s): Periodic information sent by FURNISHED to the Members.
Service(s): Professional services provided by the Site aimed toward Members.
Site: The website(s) provided by FURNISHED and made available at the following
address: http://www.furnished.lu and/or any other address that may be added,
redirected to, or substituted for the same.
User(s): Members and Visitors altogether.
Visitor(s): Any person who visits the Site occasionally, without being
registered with the Site.
3. DESCRIPTION OF THE FURNISHED SERVICES
The Site aims
to assist the Members in finding a room in a flat share or a house share or
studio in Luxembourg to live in.
Indeed, in order to assist its Members, FURNISHED provides one solution to
finding rooms and studios in Luxembourg, all through their platform www.furnished.lu depending on dates and availability of the accommodation requested.
4.
REGISTRATION
In order to
access the Services, Visitors must become Members and register by creating an
account, with a login and a password, and provide other required data in the
registration form.
Registration to the Site is free of charge.
Registered Members undertake to provide accurate and complete information and
to update it regularly, and are solely responsible for updating their profiles.
Members shall be solely liable for the use, the security and the confidentiality
of their email address and password. The Member has to inform FURNISHED as soon
as he notices a misuse of his account or a breach in the security system.
Therefore, FURNISHED shall be not held liable for any misappropriation or
misuse of Member’s login credentials by third parties.
At the time of the registration, the Members may provide their consent for
receiving information from FURNISHED, including but not limited to, the
Newsletter. Members may opt-out at any time by selecting the related option in
their personal area.
5.
FEE-BASED
SERVICES
Clients shall pay a membership via specific digital payment services (Stripe Platform), and through bank transfers which are only accessible to Members of the Site.
6.
ACTIVITIES
FURNISHED reserves
the right to verify all content of the Site from time to time and remove
(without notice) any content which, in its sole opinion, constitutes offensive
content (i.e. harmful, shocking, in breach of another person’s rights,
unlawful, or in breach of any relevant regulations).
The Site agrees to act promptly to suspend or remove any statements or behaviors
of a User of the Site that is obviously offensive, in breach of these Terms of
Use or in breach of the applicable laws and regulations, or otherwise harmful
to the rights of third parties, upon notification by another Member or a third
party.
Members are required to report any content they deem offensive by informing
FURNISHED through the contact form.
FURNISHED uses its best efforts to find and to remove offensive content.
However, FURNISHED shall not be deemed liable to have cleared any content or
assume liability for content submitted by a Member, should FURNISHED at any
time, on a discretionary basis, decide to monitor content appearing on the
Site.
In the event of valid notification of offensive content or otherwise
inappropriate content, FURNISHED will use its best endeavors to remove such
content.
FURNISHED reserves the right to report any illicit activities or content to the
competent authorities.
7.
LIMITATION
OF LIABILITY
FURNISHED will
have no civil nor criminal liability towards the acts committed by the Users inside
the premises rented and reserves all rights to damages further to wrongful use
of its website and rented premises.
Users must have the necessary hardware equipment and software and the necessary
parameters required to properly use the Services.
FURNISHED cannot be held responsible for the Site’s ill-functioning,
unavailability or adverse conditions, resulting from User's hardware, Internet
service provider, network congestion, errors or any other reasons falling
outside the influence of FURNISHED.
FURNISHED does not guarantee that the Services shall function without
interruptions or errors. In particular, the use of this Site may be interrupted
at any time for maintenance purposes, updates or technical improvements.
FURNISHED cannot be held liable for (and the consequences of) the accuracy or
inaccuracy of the information and content provided by other Users.
FURNISHED can only be held responsible by a User where certain and definitive
proof is adduced before judiciary courts demonstrating a wrongful and
deliberate act committed by FURNISHED having caused damage to that User.
FURNISHED shall in no circumstances be liable for direct or indirect damage to
the Member where the User's behavior contributed to the occurrence of the
damage he/she claims to have suffered.
8.
INTELLECTUAL
PROPERTY
All rights
related to the Site, concepts and Services, tools, content that do not belong
to Users, including but not limited to ; texts, graphic or audio-visual
creations, software developments (including HTML developments) and other
creations, and generally any other intellectual creation that can be protected
by Intellectual Property Rights such as pictures, logos, setup, graphical layout,
structure, ergonomics, colors codes, typography, fonts, graphical elements of
the database, graphical structure of screens, page setup, page footers and
broadly the visual identity of the Site, sound elements and/or any trademarks,
are, without limitation, the exclusive property of FURNISHED or its associates.
The Site and all of its elements, as well as
the Services, are protected by the laws of intellectual property, in particular
the Luxembourg law of 18 April 2001 on copyright, neighboring rights and data
bases, and the Benelux Convention on intellectual property.
9. HYPERTEXT LINKS AND LINKED SITES
Except to prior
written, direct and explicit authorization, FURNISHED will not tolerate that
the Site, or its elements, be integrated, or reproduced into another website,
through whatsoever manner, as for example through integration techniques
(framing) or through insertion through hypertext links (in lining).
FURNISHED does not make any warranties, representations or undertakings about
the content of any other website which may be referred to or accessed by
hypertext link with the Site, and FURNISHED does not endorse or approve the
content of such third party websites.
FURNISHED has the right to remove or to refuse to use any Hypertext Link in the
event that such a link transfers to an illicit activity and/or strongly violate
Users’ rights.
These Terms of Use apply also for any content published by FURNISHED on social
networks. FURNISHED does not make any warranties if these publications are
referenced, without any control of FURNISHED, on other external sites.
10.
PERSONAL
DATA
Members’
personal information will be handled pursuant to Luxembourg law of 2 August
2002 on protection of persons with regard to the data processing of personal
information, as amended and to Site’s Privacy Policy.
11. AMENDMENTS TO THE SPECIFIC CONDITIONS
These Terms of
Use may be modified at any moment, at the discretion of FURNISHED, subject to
the requirement that prior notice to the Members shall be given by FURNISHED at
least thirty (30) days prior to entry into force of the new Terms and
Conditions. These changes become effective when published online on the Site.
The Terms and Conditions applicable are then those in force on the Site on the
date of Subscription or of its renewal.
12.
APPLICABLE
LAW AND JURISDICTION
Any dispute
relating to the use of the Site or Services shall, to the extent permitted by
law, be governed by the law of the Grand Duchy of Luxembourg and the competent
courts of the city of Luxembourg shall have exclusive jurisdiction for the
resolution of any such disputes.
The first membership of 250.- € paid during the booking process is non-refundable
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