Terms and Conditions of Sale

General provisions

LIVING PARISIAN INVESTORS & RESIDENCES has developed multi-channel software for managing online bookings for short-term rentals, as well as complementary software. The client (hereinafter the "Client") uses the Anywhere booking management technology developed by LIVING PARISIAN INVESTORS & RESIDENCES. This use implies full and unreserved acceptance of these Terms and Conditions of Sale, obtained at the time of online subscription. The "End Client" refers to the beneficiary of the booking. In addition to the product subscribed to as the main service, extensions intended to expand the platform's capabilities may be added, which LIVING PARISIAN INVESTORS & RESIDENCES offers to activate as they are launched (hereinafter the "Extensions"). All the services offered by the technology of LIVING PARISIAN INVESTORS & RESIDENCES, together with its Extensions, are hereinafter referred to as the "Services". These terms supersede any agreement previously concluded between LIVING PARISIAN INVESTORS & RESIDENCES and the Client. Only specific conditions accepted at the time of subscription (hereinafter the "Specific Conditions") may, where applicable, derogate from them. These T&Cs are supplemented by the Terms of Use and the privacy policy available on the anywhere-app.com website.

Purpose

The purpose of these terms is to define the contractual relationship between the Client and LIVING PARISIAN INVESTORS & RESIDENCES in the circumstances defined in Article 1, and in particular to define the obligations and rights of each party throughout the term of these terms, which are intended to preserve the operating principles of each of the two Parties.

Effective date

These Terms and Conditions of Sale take effect upon online subscription, at the time the Client's environment is created.

Provider's commitments

LIVING PARISIAN INVESTORS & RESIDENCES undertakes to open a dedicated environment for the Client, enabling them to manage the prices and availability of their accommodation(s), their bookings, and all the Services to which they have subscribed (hereinafter the "Back-Office").

Client's commitments

The Client remains solely responsible for the data entered in their Back-Office. The Client undertakes (i) to provide accurate, precise, up-to-date and complete information about their company, products and services and (ii) to keep this information, as well as availability and rates, up to date as often as necessary. If any information provided by the Client proves to be inaccurate, imprecise, outdated or incomplete, LIVING PARISIAN INVESTORS & RESIDENCES reserves the right to suspend or close the Client's account without notice, without the Client or any third party being able to claim damages.

The Client undertakes to comply with all applicable local, regional, national and international laws and regulations. The Client undertakes (i) not to use the services offered by LIVING PARISIAN INVESTORS & RESIDENCES for illegal activities, (ii) not to interfere with the servers and networks connected to the Anywhere sites, and (iii) to comply with all procedures, practices and regulations of the networks connected to the Anywhere sites. The Client undertakes not to seek unauthorised access to other computers or networks connected to the sites and servers of LIVING PARISIAN INVESTORS & RESIDENCES.

The Client undertakes to cooperate fully with LIVING PARISIAN INVESTORS & RESIDENCES in the performance of the Contract, in particular when LIVING PARISIAN INVESTORS & RESIDENCES provides instructions or recommendations. The Client undertakes to treat the staff of LIVING PARISIAN INVESTORS & RESIDENCES with courtesy and diligence and to cooperate effectively with them to enable the effective performance of the Contract.

Free trial

The subscription begins with a free trial period of three (3) months, without a bank card and without commitment. During this period, the Client accesses the subscribed Services in order to assess their suitability for their needs. At the end of the trial period, and unless terminated by the Client, the subscription continues as a paid subscription under the conditions provided for herein.

Pricing

The prices of the Services are those published on the Pricing page of the anywhere-app.com website on the day of subscription. Invoicing is established per property and per month, under the conditions indicated on that page. LIVING PARISIAN INVESTORS & RESIDENCES may change its prices; any change applicable to an ongoing subscription is brought to the Client's attention before it comes into force.

Intellectual property

Each party retains all of its intellectual property rights over its own data, these Terms and Conditions of Sale not effecting any transfer of ownership. Each party undertakes to respect all of the other party's rights over its trademarks and other distinctive signs. The Client understands and accepts that the content, programs and other elements made available to them by LIVING PARISIAN INVESTORS & RESIDENCES are protected and remain the exclusive property of LIVING PARISIAN INVESTORS & RESIDENCES. The Client is only authorised to use the Services in strict compliance with these terms and may not, under any circumstances, copy, reproduce, transmit, distribute or create derivative works from the Services without the prior, express and written authorisation of LIVING PARISIAN INVESTORS & RESIDENCES. The Client undertakes not to resell or rent, free of charge or for a fee, the use of or access to the Services, except where contractually agreed otherwise and expressly accepted by LIVING PARISIAN INVESTORS & RESIDENCES.

Term

These terms take effect on the effective date and continue, after the free trial period, as a monthly subscription renewable by tacit renewal for successive periods of one (1) month, unless terminated under the conditions provided for in Articles 15 and 16. If the Client activates, during performance, an Extension involving a minimum term, the contractual term of all the Services is aligned with that of the Service having the longest term.

Amendment of the T&Cs

Any amendment to these T&Cs will be confirmed to the Client by a notice displayed in their Back-Office. By clicking the "I accept" button, the Client gives their agreement to be bound by the changes thus notified. If the Client does not click the "I accept" button, their account may be suspended and these terms terminated automatically, at the sole discretion of LIVING PARISIAN INVESTORS & RESIDENCES, without the Client being able to claim damages, even in the event of a claim by a third party against the Client.

Liability

The Client understands and accepts that LIVING PARISIAN INVESTORS & RESIDENCES may in no event be held responsible for the content entered by the Client in the Back-Office, of whatever nature. The Client is solely responsible for the content and its consequences in the event of content infringing intellectual property or other third-party rights, or in the event of unlawful content.

The Client acknowledges that LIVING PARISIAN INVESTORS & RESIDENCES may not be held responsible for the deletion of, or inability to back up, the Client's information. The Client is advised to back up and keep copies of any information they consider essential.

The Client acknowledges and accepts that LIVING PARISIAN INVESTORS & RESIDENCES may not be held responsible for any damage, direct or indirect, suffered by the Client, including, without limitation, loss of business, turnover or customers, losses relating to goodwill or data losses, resulting from (i) the use of the Services or the inability to use them, (ii) the cost of a substitute service, (iii) fraudulent use of the Services, or (iv) faulty data transmission.

The Client acknowledges and accepts that LIVING PARISIAN INVESTORS & RESIDENCES may in no event be held responsible for damage arising from an interruption, suspension or shutdown of all or part of the Services, whatever the circumstances and origin. The Client has the ability to modify most of their data themselves, for example their prices and availability, directly on the platform of the third-party services with which the Services may communicate. Where the Client requests the assistance of LIVING PARISIAN INVESTORS & RESIDENCES for such modifications, they acknowledge that this assistance may be subject to additional invoicing and that they must, where necessary, validate any modification. LIVING PARISIAN INVESTORS & RESIDENCES may in no event be held responsible for the consequences, direct or indirect, related to errors or delays in modification.

LIVING PARISIAN INVESTORS & RESIDENCES will do its best to respond to any involuntary interruption, suspension or shutdown of all or part of the Services, whether the cause is internal (in particular a bug or missing resources) or external (in particular a third-party service updated or interrupted, hacking). In the event of an inability or difficulty in responding, LIVING PARISIAN INVESTORS & RESIDENCES may not be held responsible for the potential damage suffered by the Client.

The Client acknowledges and accepts that LIVING PARISIAN INVESTORS & RESIDENCES may in no event be held responsible for delays and failures in the delivery of incoming and outgoing e-mails. As the e-mails generated by the Services, for example booking confirmations or cancellations, may be subject to delays or technical contingencies due to third parties such as internet service providers, only the data recorded in the Client's Back-Office is authoritative, which the Client must therefore consult as regularly as necessary.

The Client acknowledges and accepts that they are responsible for the third parties acting on their behalf during the setup of the subscribed Services. The Services are invoiced as from the billing start date of the subscription, at the end of the free trial period.

Payment terms

The Client undertakes to pay the amounts due to LIVING PARISIAN INVESTORS & RESIDENCES monthly upon receipt of invoice (i) by direct debit, (ii) by bank transfer to the bank account designated on the invoice, or (iii) by bank card. In the event of late payment, LIVING PARISIAN INVESTORS & RESIDENCES reserves the right to limit or cut off the Client's access to their Back-Office. Late payment penalties are applied under the conditions provided for in Article 13.

Late payment

In the event of total or partial non-payment of the services after receipt of the invoice, the Client must pay LIVING PARISIAN INVESTORS & RESIDENCES a late payment penalty equal to three times the legal interest rate. The legal interest rate applied is that in force on the day the invoice is issued.

This penalty is calculated on the inclusive-of-tax amount of the sum remaining due, and runs from the due date without any prior formal notice being necessary. In addition to the late payment penalties, any sum not paid by its due date will automatically give rise to a fixed recovery indemnity of €40.

Termination clause

If, within fifteen days following the implementation of Article 13, the Client has not paid the amounts remaining due, the contract will be terminated automatically and may give rise to the award of damages in favour of LIVING PARISIAN INVESTORS & RESIDENCES.

Termination without cause

The Client may terminate their subscription at any time, from their environment or in writing. Termination takes effect at the end of the current monthly period and does not give rise to any indemnity. LIVING PARISIAN INVESTORS & RESIDENCES may terminate under the same conditions, subject to reasonable notice. Termination at expiry by either party may not constitute grounds for any indemnity or damages.

Termination for breach

In the event of a breach by a party of any of its obligations, the other party is entitled to give formal notice, by registered letter with acknowledgement of receipt notifying the said breach, requiring the defaulting party to comply with its contractual commitments within thirty days from the date of first presentation of the registered letter. If the breach persists at the end of the thirty-day period, these terms will, if the party that gave formal notice so wishes, be deemed terminated automatically, without any further formalities, judicial or otherwise, and without notice, regardless of any damages to which the party suffering the breach may be entitled.

Force majeure

In the event of force majeure, the obligations of the prevented party will be suspended. However, should the suspension continue beyond a period of 45 days, each party reserves the right to terminate these terms automatically 15 days after sending a registered letter with acknowledgement of receipt, this period running from the date of first presentation of the registered letter. It is expressly agreed between the parties that termination of these terms by either party in such circumstances may in no event constitute grounds for a claim or payment of damages of any kind to the other party. For the purposes of this article, the parties agree to consider as force majeure those events usually recognised by case law, and in particular (i) acts or omissions of the government or other competent higher authorities, (ii) the blocking of telecommunications networks, and (iii) cases of insurrection, civil war, war, military operations, national or local state of emergency, act of terrorism, fire, lightning, explosion, flood and storm.

Personal data

The processing of personal data carried out in connection with the Services is performed in accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act of 6 January 1978 (loi n° 78-17). For the data of travellers (End Clients) processed through the Services, the Client acts as data controller and LIVING PARISIAN INVESTORS & RESIDENCES as processor, each party complying with the obligations incumbent upon it in this respect. The Client indemnifies LIVING PARISIAN INVESTORS & RESIDENCES against any claim from a person whose data is processed via the Services as a result of the Client. LIVING PARISIAN INVESTORS & RESIDENCES undertakes never to sell, rent, lend or disclose the information of which it may become aware in the performance of these terms, subject to the data necessary for the operation of the Services. The detailed terms are set out in the privacy policy available within the Terms of Use.

Disputes and jurisdiction

The law applicable to this contract is French law. In the event of a dispute over the interpretation or performance of these terms, the Commercial Court of Nanterre shall have sole jurisdiction notwithstanding multiple defendants or third-party proceedings, even for urgent or protective measures, in summary proceedings or by petition.