Purpose and acceptance
- NEW IMMO HOLDING provides you with its website to enable you to: Find
out about our business, our areas of focus and future developments. - Find out about the latest news concerning NEW IMMO HOLDING,
- Contact our teams,
The purpose of these Terms and Conditions of Use is to define the conditions under which NEW IMMO HOLDING makes the Website available to Users.
Access to and use of the Website and the services offered on it are subject to compliance with these terms and conditions.
Any access to the Website and/or use of the Website and the services offered on it therefore implies strict compliance with all the terms of these General Terms and Conditions of Use and their unconditional acceptance. These constitute a contract between NEW IMMO HOLDING and the User.
By browsing our Website and from the moment you use our services through it, you agree that you have read these General Terms and Conditions of Use and accept them as a contractual element.
These Terms and Conditions are concluded for an indefinite period from your first use of the Website. They apply as soon as you browse our Website.
Whether you are a consumer or a professional, within the meaning of the preliminary article of the Consumer Code, these Terms and Conditions apply without distinction.
NEW IMMO HOLDING reserves the right to change the terms, conditions and notices of all the information documents that you can find at the bottom of each page of our Website at any time. Similarly, NEW IMMO HOLDING has the discretionary right to add new additional contractual terms and conditions, particularly in the event of technical, legal or jurisprudential developments or when new services are
introduced. For this reason, if you use our Website regularly, we advise you to consult these General Terms and Conditions of Use on a regular basis. This will ensure that you are always aware of the latest version in force. In any event, any proposed subsequent amendments to these contractual terms and conditions will be communicated by any means to non-professional consumer Users in accordance with the provisions of Article L.121-84 of the French Consumer Code.
It is not possible to refuse or partially accept these terms and conditions. If you do not wish to accept all or part of these General Terms and Conditions of Use, you are requested to refrain from using the Website and the services offered therein.
1 - Definitions
For the purposes of the execution and interpretation of these Terms and Conditions of Use, terms or expressions beginning with a capital letter shall have the following meanings:
- "Terms and Conditions of Use" or "TCU": Refers to this document, which defines the rules and conditions applicable to the use of the website accessible at https://www.newimmoholding.com.
- "Publishing Director": Refers to the publishing director of the Website, as indicated in the Website's Legal Notice, within the meaning of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.
- "Publisher" or "Site Publisher": Refers to the person responsible for publishing the Site, as indicated in the Site's Legal Notice, within the meaning of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.
- "Host": Refers to the host of the Website, as indicated in the Website's Legal Notice, within the meaning of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.
- "Partner(s)": Refers to the and, in the plural, the third-party companies distinct from NEW IMMO HOLDING, partners of NEW IMMO HOLDING and the companies in its group.
- "Service Provider(s)": Refers to the natural or legal person(s) providing services or subcontracting on behalf of the companies in its group and/or the Host.
- "Site": Refers to the website accessible at https://www.newimmoholding.com.
- "User(s)": Refers to the natural person(s) browsing the Website and/or using the services offered on the Website.
2 - Access to and use of the Website
General
The Website is available anywhere, provided that the minimum technical requirements are met, particularly in terms of access to the mobile phone network, the Internet, and the technical compatibility of the equipment used.
With the exception of the cost of telephone connections and Internet access charged by the User's provider, access to the Website is free of charge, with no prior registration or subscription fees. The equipment (computer, laptop, smartphone, tablet, software, telecommunications equipment, etc.) required to access the Website is the sole responsibility of the User, as are the costs of communications and Internet access incurred through its use.
When accessing and using the Website, the User undertakes to:
- Comply with applicable laws, respect the rights of third parties, public order and the provisions of the Terms of Use;
- Not provide the data of other persons without obtaining their prior consent;
- Behave fairly towards NEW IMMO HOLDING and other Users of the Website in the event that you interact with them;
- Respect the intellectual property rights relating to the Website and its content.
Use of the direct contact list of employees:
NEW IMMO HOLDING provides you with a contact list enabling you to contact our employees. Use of this list is discretionary. However, any misuse of the contact details provided may result in legal
repercussions.
Similarly, NEW IMMO HOLDING makes every effort to keep this list up to date but cannot be held responsible if the data reproduced is no longer current. In the event that this data has not been updated and you are unable to contact the desired persons, please do not hesitate to contact the number reproduced above.
Insertion of hypertext links
Users who have a personal, non-commercial website are authorised to insert one or more simple hypertext links to any of the pages on the Website, provided that the Website appears separately and is not embedded in the User's website
.
This authorisation does not constitute an implicit affiliation agreement, a recommendation contract, an advertising space purchase contract or any partnership or implicit or explicit contract between NEW IMMO HOLDING and the User.
This authorisation is granted on a non-exclusive basis and may be revoked at any time, without NEW IMMO HOLDING having to provide any justification, and on the express condition that the link(s) inserted do not cause any harm whatsoever to the Website and/or NEW
IMMO HOLDING.
Under this authorisation, NEW IMMO HOLDING reserves the right to object and moderate. In particular, it reserves the right to prohibit any link from a website whose content it deems inappropriate, misleading or fraudulent, without this prohibition giving rise to any liability on its part.
In any case, any link, even if implicitly authorised, must be removed immediately upon first request by NEW IMMO HOLDING.
NEW IMMO HOLDING cannot control all websites accessible from the Internet, and the use of a link to the NEW IMMO HOLDING website from a third-party website cannot be interpreted as an endorsement of the content or messages published on that website. NEW IMMO HOLDING undertakes to make every effort to have any content that is subject to dispute removed as soon as it becomes aware of it.
3 - Intellectual property
All content presented on the Website (including the Website's architecture and graphic design, as well as trademarks, logos, graphics, drawings, photographs, animations, videos, and texts contained on the Site, as well as the computer codes of the elements composing it, and any downloadable document) is likely to be protected by copyright and/or other intellectual property rights and/or related rights, and may not be reproduced, distributed, transmitted, broadcast, represented, downloaded, modified, edited, reused, re-addressed or exploited in any way and on any medium whatsoever, without the prior written authorisation of the intellectual property rights holders concerned.
In particular, any unauthorised reproduction, in whole or in part, of the elements contained on the Website, which are protected by copyright, may constitute an infringement under Article L.335-2 of the Intellectual Property Code.
Any unauthorised reproduction, in whole or in part, of the trademarks and/or logos appearing on the Website constitutes an infringement punishable under Articles L.713-2 et seq. of the Intellectual Property Code.
The databases established by NEW IMMO HOLDING are protected by copyright and by the law of 1 July 1998 transposing into the Intellectual Property Code the European Directive of 11 March 1996 on the legal protection of databases. Any reproduction, representation, adaptation, translation and/or modification, in whole or in part, as well as any substantial qualitative or quantitative extraction to another Site, which is not expressly authorised, is punishable under Articles L.343-4 et seq. of the Intellectual Property Code.
Access to the Website does not constitute recognition of any intellectual property rights or related rights in favour of the User.
NEW IMMO HOLDING grants Users simple authorisation to view the Site. Reproduction rights are reserved, with reproduction authorised only in digital form on the terminal used to access and use the Site by the User (computer, smartphone, tablet, etc.) and for the sole purpose of viewing the pages consulted by the User's browser software.
4 - Liability of NEW IMMO HOLDING
General
NEW IMMO HOLDING cannot be held liable, or considered to have failed to comply with these General Terms and Conditions of Use, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals, including interruption, suspension, reduction or disruption related to the functioning of the electronic communications network.
In any event, NEW IMMO HOLDING shall only be held liable for events directly attributable to it in its capacity as Publisher of the Website.
Access to the Website and availability of the Website
The Website and the features it offers are available anywhere, provided that the minimum technical requirements are met, particularly in terms of access to the mobile phone network, the Internet and the technical compatibility of the
equipment used by the User.
The Website is in principle accessible 24 hours a day, 7 days a week, subject to any breakdowns or maintenance operations necessary for the Website. However, NEW IMMO HOLDING does not guarantee that the Website and/or the features it offers will function without interruption or failure, and declines all responsibility, without this list being exhaustive:
- In the event of interruption of the Website for technical maintenance or updating of the information published;
- In the event of temporary inability to access the Website (and/or the websites and applications linked to it) due to technical problems, regardless of their origin or source;
- In the event of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the Website;
- In the event of contamination by any computer viruses circulating on the network;
- More generally, in the event of direct or indirect damage caused to the User, regardless of its nature, resulting from access to or use of the Website (and/or websites or applications linked to it);
- In the event of abnormal use or illegal exploitation of the Site;
Site content
NEW IMMO HOLDING does not guarantee, and in no way undertakes, that the Website and the features it offers will meet the requirements of Users. The Website is a showcase site, i.e. it is only intended to give you visibility on the activity of NEW IMMO HOLDING and offers points of contact with employees. Under no circumstances should users expect any other service from this Website.
Without prejudice to any mandatory legal provisions to the contrary, the information provided on the Website is for information purposes only and NEW IMMO HOLDING cannot be held liable for it, including in the event of any damage resulting from its interpretation and/or use; this information may be modified, updated or deleted by NEW IMMO HOLDING at any time and without notice.
Information and documents posted directly on the Website by NEW IMMO HOLDING are considered reliable. However, they may contain inaccuracies, particularly technical inaccuracies and/or errors, particularly typographical errors, which NEW IMMO HOLDING reserves the right to correct as soon as it becomes aware of them.
NEW IMMO HOLDING points out that the use of hypertext links that may be inserted on the Website may lead the User to other websites or applications that are independent of the Website. NEW IMMO HOLDING cannot be held liable for hypertext links to other websites or applications from the Website. NEW IMMO HOLDING endeavours, where appropriate, to only insert links to websites that share its quality requirements, but it cannot be held liable for any direct, indirect or incidental damage resulting from access to or use of information from third-party websites or applications.
Similarly, NEW IMMO HOLDING cannot be held liable for the insertion of hypertext links to the Website by Users under the conditions set out in the "ACCESS TO AND USE OF THE WEBSITE" section of these General Terms and Conditions of Use.
NEW IMMO HOLDING undertakes, in accordance with legal provisions, to remove any illegal content without delay as soon as it has been duly informed.
In this regard, it is specified that Users may report illegal content found on the Website to NEW IMMO HOLDING by post or email to the addresses mentioned in the Website's Legal Notice, or via the Website's contact form. Notifications to NEW IMMO HOLDING made in this context must comply with the provisions of Article 6.I.-5. of Law No. 2004-575 of 21 June 2004, enabling NEW IMMO HOLDING to have effective knowledge of the illegal content reported.
5 - User responsibility
Use of the Website and its content is the sole and entire responsibility of the User, who shall bear sole responsibility for any consequences that may arise therefrom, without NEW IMMO HOLDING being held liable in any way whatsoever and without recourse against the latter.
The User is solely responsible for the information they communicate via the Website.
In the event of abnormal use or illegal exploitation of the Website, the User shall be solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.
The User also waives the right to take any action against NEW IMMO HOLDING and its group of companies in the event of legal proceedings brought against them by a third party as a result of the unlawful use and/or exploitation of the Website.
The User undertakes, in general, to comply with all regulations in force in France.
6 - Privacy and protection of personal data
The personal data privacy policy is available here.
7 - Independence of clauses
These General Terms and Conditions of Use represent the entire agreement between the User of the Website and NEW IMMO HOLDING.
If any part of these General Terms and Conditions of Use should prove to be void, invalid or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and scope and shall continue to be applicable. The terms declared non-existent shall then be replaced by terms that most closely reflect the content and meaning of the cancelled clause.
8 - Applicable law – Language
The official language of these General Terms and Conditions of Use is French. In the event of any difference, inconsistency or conflict between this version and the translated version, the French version shall prevail.
These General Terms and Conditions of Use are exclusively subject to French law.
Any dispute arising from the execution or interpretation of these Terms and Conditions shall be subject to the jurisdiction of the courts of Paris, unless otherwise provided by law or regulation.
9 - Photo credits
The photos used on the Website are the exclusive property of NEW IMMO HOLDING, trading under the trade name NEW IMMO HOLDING. Any unauthorised reuse may give rise to compensation claims by NEW IMMO HOLDING.