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SmartGarant

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Last updated in March 2022

General Terms and Conditions of Use

Preamble

SMARTGARANT SAS, located at 188 Boulevard Voltaire, 75011 Paris, with a capital of 9,335 euros, registered with the Paris Trade and Companies Registry under number 851 969 113 and registered as an Insurance Intermediary with the Organisme pour le unique registre des intermédiaires en assurance, banque et finance (ORIAS - www. orias.fr), under number 19006016, hereinafter referred to as the "Company", publishes, distributes and operates the website accessible at the URL address smart-garant.com, hereinafter referred to as the "Website".

The purpose of these General Terms and Conditions of Use (GTCU) is to define the conditions under which Internet users access and use the www.smart-garant.com website.

Any natural person who accesses or browses the Site (the "User") undertakes to read these General Terms of Use (GTU) carefully and to accept them; the use of the services implies acceptance of the GTU. The latter invites the User to download them and to keep a copy, printed or digital. These General Terms and Conditions of Use (GTCU) are referenced at the bottom of the Site entry page by means of a hypertext link and can thus be consulted at any time.

Any use of the smart-garant.com website implies the User's acceptance, without reservation, of these Terms and Conditions of Use. If the User does not wish to accept these General Conditions of Use, he/she must not use the SmartGarant platform.

1. Definitions

Eligibility Certificate: non-contractual document detailing the guarantees that can be offered by the Company to the User's lessor, subject to the conclusion of a Lease Agreement between the User and his/her lessor, the SmartGarant Guarantee Service Agreement between the User and the Company, and the lessor's subscription to the guarantee services.

General Terms of Use (or GTU): all the contractual provisions of this document, by which the User grants the Company the right to carry out, on his behalf, the services offered by the Website.

Lease Agreement: contract for the rental of a dwelling/room for residential use (bare or furnished), containing a resolutory clause for non-payment of rent (automatic termination), and for which the User or Users (in the case of co-habitation, cohabitation, tenancy between spouses or tenancy by PACS partners) wish to benefit from the Guarantee Services of the SmartGarant Company. It is specified that in the case of co-habitation or cohabitation, all the tenants must sign the same Lease Agreement mentioning the share of rent and charges due by each of the tenants or on separate leases, so that each is considered as a tenant. If one of the parties arrives later than the signature of the lease, an amendment to the lease will have to be made.

SmartGarant Guarantee Service Agreement or SmartGarant Contract: means the document signed by the Company and the User and these Terms and Conditions of Use, as well as any commercial document to which it is given contractual value. All of these documents are brought to the attention of the User/Customer and given to him/her at the time of subscription. If any of the stipulations of the Contract are held to be null and void or without object, they shall be deemed to be unwritten and shall not entail the nullity of the others.

User Area: a secure area, accessible by means of personal identifiers (login and password), dedicated and specific to each User.

Service(s): all services provided by the Company and functionalities accessible from the smart-garant.com website.

Website, Platform: smart-garant.com website, whatever its version, as well as the corresponding applications, offering the services to Users.

Company: SmartGarant SAS, publisher of the SmartGarant website.

User(s)/Customer: natural person using the Services of the SmartGarant Site.

2. Purpose

The purpose of the SmartGarant Website is to offer commercial services, intermediation services in banking, payment services and insurance to Users, whether private individuals or professionals. Users benefit from the services offered by the Company, as described herein. The purpose of these General Terms and Conditions of Use (GTCU) is to govern the use of the Site by the User to whom the Company has freely entrusted connection identifiers. The Company reserves the right to modify these GTU at any time. The new provisions will be brought to the attention of the Users at least fifteen (15) days before their date of entry into force.

3. Access and use of the SmartGarant Website

By accepting the General Conditions of Use (GCU), the User gives a mandate to the SmartGarant Company, which accepts it, to carry out on its behalf the Services that the User requests from it. The provision of the Site gives rise to the opening of an individual personal space, accessible by means of identifiers.

The User guarantees and ensures the accuracy of the personal information concerning him/her; he/she shall notify the Company of any necessary updates without delay.

In the event that the information relating to the User is not up to date, complete and/or accurate, the Company has the right to either temporarily suspend or definitively terminate the User's access without delay or notice, after a request for rectification has gone unanswered.

The User undertakes to keep the identifiers strictly secret, to take all measures to preserve their confidentiality and to notify the Company in the event of unauthorised use of his/her individual space, as soon as he/she becomes aware of it. By express agreement between the User and the Company, all operations carried out by means of the User's identifiers are deemed to originate from the User.

The Company may refuse or suspend a User's access to the Site for legitimate reasons (in particular the violation of one of the obligations set out in Article 5 below).

4. Services of the SmartGarant Site

The main services offered to SmartGarant Users are :

  • The provision of a User Space on the Site;
  • The collection of data necessary for the analysis of SmartGarant guarantee requests;
  • The analysis of the guarantee requests on the basis of the information and documents provided by the User;
  • The delivery of an eligibility certificate for the SmartGarant guarantee;
  • The signature and provision of the SmartGarant guarantee to the benefit of the User's lessor who has subscribed to the SmartGarant Service, subject to the User's eligibility;
  • Access to offers from partners;

Other services not mentioned above may be offered by the Company.

5. Obligations of the user

Each User undertakes to use the services in accordance with their purpose and destination, not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions of Use (GCU).

Thus, each User undertakes to:

  • behave in a loyal manner towards the Company, towards other Users and towards third parties;

  • To communicate information and data to the Company in an honest and sincere manner;

  • To use the Site in accordance with its purpose as described in these General Terms of Use (GTU);

  • Not to divert the purpose of the Site in order to commit crimes, offences or contraventions punishable by law, in particular by the Penal Code;

  • Not to seek to undermine, within the meaning of Articles 323-1 et seq. of the Criminal Code, the automated data processing systems implemented by the Site;

  • Not to disseminate data that would diminish, disorganise, slow down or interrupt the operation of the Site;

  • Not to disseminate any message or information, either targeting the Company or a third party, which would constitute: wrongful denigration, contrary to public order, of an abusive or defamatory nature, damaging to the honour or reputation of others, inciting discrimination, inciting the commission of offences, or exploiting any software or other tool that would make it possible to infringe the rights of others and the safety of persons and property.

Any breach of this article may result in the temporary or permanent suspension of the User's access to the Site.

6. Responsibility of the Company

The information provided on the Site is provided for information purposes only.

The Company SmartGarant cannot be held responsible for any error or omission in the information provided. The User acknowledges that he/she uses the information provided under his/her sole responsibility.

Furthermore, the Company reserves the right to correct the content of the site at any time and without prior notice, particularly for updating purposes.

7. Rights and intellectual property

The Company has and retains ownership of the knowledge, know-how, processes, information, technical, industrial or commercial data, supplies, images, drawings and photographs, graphics, sounds, databases, forms, software and other creations that it uses to operate the Site. Certain photos or illustrations used by the Site are from royalty-free sources such as Flaticon (https://www.flaticon.com).

The "SMARTGARANT" brand, including its graphic elements and associated logos are registered by SmartGarant SAS. The Company has the right to use them.

All reproduction and representation rights are reserved, including for downloadable documents and iconographic and photographic representations. The reproduction of all or part of this site on any type of medium whatsoever is strictly forbidden without the prior written consent of SmartGarant SAS.

8. Personal data

The Company is committed to respecting the privacy of users and the confidentiality of their personal data when browsing the site according to the Privacy Policy.

9. Applicable law

The present General Terms of Use (GTU) are subject to French law.

If any of the provisions of these General Terms of Use (GTU) should be declared invalid, void or unenforceable under any applicable law or regulation and/or a court decision having the force of res judicata, for whatever reason, it shall be deemed unwritten but, being divisible, shall in no way affect the validity or enforceability of the remaining provisions, which shall remain fully applicable.

The Company has the right to update and modify these General Terms of Use (GTU) at any time, in particular to adapt them to any legislative, regulatory or professional changes.

The General Terms of Use (GTU) applicable are those in force at the time of use of the website by the User.

10. Hypertext links

The Site contains interactions with other third party sites, in particular, service providers, partners or social networks. The Company shall not be held responsible for the content or interactions with these third parties.

It is strictly forbidden to create a hypertext link to the smart-garant.com website without the express written authorisation of the Company. Any request must be addressed to the Site's publication director at the following email address: hello@smart-garant.com.

11. Assistance

The www.smart-garant.com Site is published by SMARTGARANT SAS. Publication Director: Mr. Thomas NEURAZ.

If the User needs assistance, he can contact the Company by email at hello@smart-garant.com.

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