Sustainable Real Estate

Terms and Conditions of Use

SUSTAINIMMO


Last updated: 14/01/2025


Welcome to the website https://www.sustainablerealestate.fr
, owned by SUSTAINIMMO, a simplified joint-stock company (société par actions simplifiée) with a share capital of €20,000, registered with the Paris Trade and Companies Register under number 932 944 002, whose registered office is located at 9 rue Anatole de la Forge, 75017 Paris.

These general terms and conditions of use, including any subsequent amendments and updates (the “T&Cs”), govern your access to and use of the website.

1. DEFINITIONS

“Listing”: means the sale and/or rental listing of the Advertiser relating exclusively to real estate that complies with sustainable development principles;

“Advertiser”: means any natural person or legal entity (real estate agents or developers holding a “carte T”) having entered into a partnership agreement with SUSTAINIMMO for the distribution of real estate listings;

“User Account”: means the personal account of each User registered on the Site, enabling access to certain functionalities of the Site;

“General Terms and Conditions of Use” or “T&Cs”: means these general terms and conditions of use applicable to the Services provided by SUSTAINIMMO to the User via the Site, together with any subsequent amendments and updates;

“Advertiser Content”: means all elements posted by Advertisers on the Site, including but not limited to all Listings, texts, sounds, images, photographs, graphics, videos, logos, trademarks, designs, layouts, structures, various information, documents and any other element supplied by Advertisers on the Site;

“SUSTAINIMMO Content”: means all content accessible on and through the Site, including but not limited to texts, graphics, logos, images, videos, trademarks, names, designs, software and databases, excluding Advertiser Content and Visitor Content;

“Intellectual Property Rights”: means all intellectual property rights of any kind whatsoever, including but not limited to patents, trademarks, designs and models, registered designs, copyrights, sui generis database rights, rights relating to confidential information, know-how and domain names, and any similar rights existing in any country, and the right to claim any of these rights in any part of the world;

“Software”: means a set of programs intended for a given application, within the meaning of Article L. 112-2, 13° of the French Intellectual Property Code, enabling the operation of the SUSTAINIMMO Services. The Software is owned by SUSTAINIMMO;

“SUSTAINIMMO Services”: means the services provided by SUSTAINIMMO on the Site for Users, as further described in Article 4;

“Site”: means the website accessible at https://www.sustainablerealestate.fr
(or any other address that may replace it), owned by SUSTAINIMMO;

“User”: means any natural person who accesses the Site for strictly private use.


2. PURPOSE AND ACCEPTANCE OF THE T&Cs

The purpose of these T&Cs is to define the terms and conditions under which SUSTAINIMMO provides the Services to the User via the Site.

These T&Cs govern the contractual relationship between the User and SUSTAINIMMO and prevail over any other document.

The T&Cs may be consulted directly on the Site at any time.

Access to the Site and use of the Services imply the express and unconditional acceptance of these T&Cs. Consequently, the User expressly and unreservedly agrees to be legally bound by all the provisions of these T&Cs.


3. ACCESS TO THE SITE AND SERVICES

3.1. Technical requirements

Access to the Site and use of the Services require the User to have a high-speed Internet connection, such as ADSL or fibre. The User acknowledges having been informed by SUSTAINIMMO of the technical risks inherent in the Internet. Consequently, SUSTAINIMMO shall not be held liable for any unavailability and/or difficulties in accessing the SUSTAINIMMO Services caused by a failure or insufficiency of the User’s Internet connection.

3.2. Identification on the Site

The Site is freely and publicly accessible to any User, whether registered or not. Each User may therefore view the Listings published on the Site. However, use of all the Site’s functionalities requires the creation of a User Account. To create a User Account, the User must provide the following mandatory information:

  • User’s first name and last name;
  • User’s email address.

3.3. Login data and security

The login identifier (email address provided by the User) and password are specific to the User (“Login Data”). The Login Data is confidential and reserved for personal use to the exclusion of any use by third parties. The User shall not disclose their Login Data to third parties in any form whatsoever.

Any connection to the User’s Account using their Login Data is deemed to constitute irrefutable proof of access to and use of the Services by that User. Under no circumstances shall SUSTAINIMMO be held liable for use of the Account by a third party, whether authorised or not, via the User’s Login Data.

If the User becomes aware that a third party has accessed their Account and/or suspects fraudulent use of their Account, the User undertakes to immediately change their password and to inform SUSTAINIMMO without delay by email at contact@sustainablerealestate.fr
 so that access to the Account can be suspended. SUSTAINIMMO may assign the User a temporary password so that the User can choose a new password and regain access to their Account.

The User remains responsible for any access to their Account by third parties until SUSTAINIMMO issues a temporary password.

In the event of a lost password, the User may use the dedicated “Forgotten password?” link. They will be asked to enter the email address provided when creating the Account. An email will be sent to the User at that address. The User will then be asked to click on an activation link in order to verify the email address. The User will be redirected to a page of the Site where they can choose a new password.

Users are recommended to change their password regularly and not to share it with anyone else.

3.4. Availability of the Site

SUSTAINIMMO will make reasonable efforts to provide permanent access to the Site, 24 hours a day, 7 days a week, except in the following cases:

  • periods of unavailability for maintenance necessary for the proper functioning of the Site or for security reasons;
  • unavailability caused by circumstances outside SUSTAINIMMO’s control, including but not limited to force majeure events as defined by the French Civil Code and applicable case law, or failures or delays of Internet service providers.

In this respect, SUSTAINIMMO is subject to an obligation of means.


4. DESCRIPTION OF THE SUSTAINIMMO SERVICES

4.1. Site features

Through the Site, SUSTAINIMMO provides the User with access to the Services listed below, aimed at assisting the User with their real estate project.

The Site enables the User to:

  • Search for sale and/or rental offers based on specific criteria: type of property, location, price, desired surface area, heating, construction materials, electricity, water, recycling, energy, transport;
  • View Advertisers’ Listings;
  • Respond to Listings;
  • Contact Advertisers by phone or message;
  • Access Advertisers’ contact details;
  • Create a User Account in order to add Listings to favourites, receive SUSTAINIMMO’s newsletter, save search criteria, and receive alerts matching the saved criteria.

The Site is available in French and English.

4.2. New features

SUSTAINIMMO reserves the right to make any technical or technological modification to the Site for any reason whatsoever.

The Client is hereby informed that new features may also be tested over short periods, without this giving rise to any claim based on a possible disruption in the use of the Site. For its part, SUSTAINIMMO undertakes to use all reasonable means to avoid disrupting the Site’s operation during the test campaigns it conducts.

4.3. Third-party services

The SUSTAINIMMO Services may include products and/or services that are complementary to the use of the Services by the User (hereinafter individually a “Non-SUSTAINIMMO Product”).

Under no circumstances shall SUSTAINIMMO be held liable in connection with any Non-SUSTAINIMMO Product.


5. PROHIBITED USES OF THE SITE AND SUSTAINIMMO SERVICES

The User undertakes not to use the Site and the SUSTAINIMMO Services in order to:

(a) access, use or attempt to use the Site and the Services in a manner contrary to these T&Cs and for any use other than personal and non-profit purposes;

(b) disassemble, decompile or reverse engineer all or part of the Site, or attempt in any way to discover its source code;

(c) modify, adapt, translate and/or create products or derivative works from all or part of the Site;

(d) broadcast and/or display and/or publish and/or republish and/or distribute all or part of the Site;

(e) transmit any computer virus, worm, Trojan horse, logic bomb or any other malicious or harmful file, program or code intended to damage, interrupt, suspend, destroy and/or limit the functionality of any computer or telecommunications equipment;

(f) interfere with the operation of the Site, its servers or network connections to the Site;

(g) access or use all or part of the Site for the purpose of developing or maintaining, and/or helping a third party to develop or maintain, services that compete with SUSTAINIMMO;

(h) market, distribute, sell, sublicense, lease, transfer, assign, host, outsource, promote or otherwise commercially exploit or make available in any way all or part of the Site;

(i) remove or alter any SUSTAINIMMO trademark, logo or other distinctive sign contained on the Site;

(j) perform any act or conduct not expressly authorised under these T&Cs or likely to infringe SUSTAINIMMO’s Intellectual Property Rights;

(k) impersonate another person;

(l) more generally, use the Site for unlawful purposes and/or in breach of applicable laws and/or regulations.


6. INTELLECTUAL PROPERTY RIGHTS

The architecture of the Site, the SUSTAINIMMO Content, the Software, domain names, databases, content and all other elements composing the Site (the “Protected Elements”), without this list being exhaustive, are the exclusive property of SUSTAINIMMO. The User is therefore informed that these T&Cs do not entail any transfer of Intellectual Property Rights relating to the Site or the Protected Elements for their benefit.

SUSTAINIMMO merely grants the User, who accepts, a licence to use the Site and the Protected Elements. SUSTAINIMMO grants the User, free of charge, a personal and non-exclusive right to access and use the Site and the Services solely for their own private, non-commercial use.

Any right not expressly granted herein is expressly reserved by SUSTAINIMMO or its licensors and partners.


7. DISCLAIMER OF WARRANTY

The SUSTAINIMMO Services are provided “as is” and “as available.”

SUSTAINIMMO, its licensors and suppliers do not warrant and cannot warrant that the SUSTAINIMMO Services will operate in an uninterrupted, reliable, comprehensive or error-free manner.

SUSTAINIMMO reserves the right at any time to suspend or interrupt access to the Site and/or the Services for legitimate reasons (including for commercial reasons, testing, audit, security, maintenance, server updates or breakdowns or threats of breakdowns), to make any changes it deems useful or necessary to the Site, and to remove or add certain functionalities to the Site, without incurring any obligation of warranty, compensation or damages of any kind towards the User.

Subject to any warranties that cannot be excluded or limited under applicable law, SUSTAINIMMO, its licensors and suppliers grant no warranties of any kind.

In particular, SUSTAINIMMO excludes all warranties with respect to the information, products or services provided by third parties and made available to the User via the Site. In this respect, SUSTAINIMMO does not warrant the quality or accuracy of (i) price estimates provided by the Site on the basis of Listing archives, (ii) Listing Content, (iii) User Content, (iv) Non-SUSTAINIMMO Products and, more generally, (v) any element on the Site originating from a third party.

The User acknowledges that SUSTAINIMMO cannot guarantee the follow-up given by Advertisers to contact requests submitted by the User via the Site. As such, SUSTAINIMMO does not warrant the conclusion of any sale and/or rental contract between the User and the Advertiser.


8. LIABILITY

SUSTAINIMMO’s liability may only be incurred for events directly attributable to it that cause the User damage directly arising from such events. It shall not be liable for any indirect damage. SUSTAINIMMO’s liability shall also not be incurred in connection with misuse of the Site and/or Services or any fault on the part of a User. The User is solely responsible for their use of the Site and the Services. SUSTAINIMMO shall likewise not be liable for events attributable to a third party or to a force majeure event.

SUSTAINIMMO will use its best efforts to secure access to the Site but cannot guarantee absolute security. SUSTAINIMMO shall not be liable for malfunctions or damage inherent in the use of the Internet, such as service interruption, external intrusion or the presence of computer viruses transmitted via the network, or for security breaches that may cause damage to Users’ computer equipment and data. The User further acknowledges that SUSTAINIMMO shall not be liable for any indirect damage arising from use of the Site (including loss of data, opportunities, reputation, revenue or profits) or from the User’s inability to access it, from their use of elements contained on the Site, including Advertiser Content and User Content, from any failure, error or interruption of the Site, or from any computer virus.

In addition, SUSTAINIMMO shall not be liable for the consequences arising from the User’s breach of these T&Cs. In this respect, the User undertakes to indemnify SUSTAINIMMO in the event of any action brought by third parties or any order made against SUSTAINIMMO resulting from acts attributable to the User.


9. PERSONAL DATA PROTECTION

In connection with the use of the SUSTAINIMMO Services, the User will also be asked to provide personal data (including first name, last name, email address, postal address, telephone number).

SUSTAINIMMO’s privacy policy, which governs the collection and processing by SUSTAINIMMO of the User’s personal data, forms an integral part of these T&Cs. The User undertakes to provide accurate, truthful, complete and up-to-date information and to rectify it subsequently if it becomes obsolete or is no longer up to date. If the User fails to comply with this obligation, SUSTAINIMMO reserves the right to suspend and/or close the User’s account and to refuse any further access by the User to the SUSTAINIMMO Services.


10. HYPERLINKS

The Site may contain hyperlinks redirecting to websites operated by third parties. These links are provided for information purposes only and SUSTAINIMMO has no control over these sites or their content and disclaims all liability for access to and use of such sites and/or their content.


11. OPT-OUT FROM TEXT AND DATA MINING

Pursuant to the European Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and Article L.122-5-3 of the French Intellectual Property Code, SUSTAINIMMO exercises its right to object to text and data mining.

For the purposes of this clause, “mining” means any automated extraction, collection and analysis technique aimed at analysing texts and data in digital form in order to derive information from them (including, without limitation, patterns, trends and correlations) by any means (including, in particular, robots, scraping, etc.).

This objection applies to all content, data and websites to which SUSTAINIMMO provides access.

In this respect, SUSTAINIMMO expressly objects, on a general and non-exhaustive basis, to the use of the SUSTAINIMMO Content for the purposes of:

  • mining, gathering or cross-referencing data as well as any extraction method;
  • developing and training artificial intelligence systems;
  • developing any software.

12. AMENDMENTS TO THE T&Cs

SUSTAINIMMO reserves the right to amend these T&Cs at any time, in whole or in part. Such amendments shall be enforceable against the User after having been published by any means whatsoever.

Continued access to the Site by the User shall constitute acceptance by the User of the amended T&Cs. The User is therefore required to refer to the latest online version of the T&Cs at the date of accessing the Site.


13. MISCELLANEOUS

If one or more provisions of the T&Cs is found to be invalid or unenforceable by a competent court or by applicable law or regulation, such provision shall be deleted without affecting the validity or enforceability of the remaining provisions of the T&Cs.

The fact that SUSTAINIMMO does not invoke any provision of these T&Cs shall not be construed as a waiver of the benefit of such provision or of the right to invoke such provision at a later date and/or to claim compensation for any breach of such provision.

SUSTAINIMMO may assign these T&Cs, together with all rights and obligations arising therefrom, to any third party, in particular in the event of a transfer of a business line, a merger through the creation of a new company, a merger by acquisition, a demerger or any change of control affecting SUSTAINIMMO.


14. APPLICABLE LAW AND JURISDICTION

These T&Cs are governed by French law.

The SUSTAINIMMO Site and its functionalities comply with the French legislation in force.

In the event of any complaint or dispute relating to the Site or the interpretation or performance of these T&Cs, the parties undertake to seek an amicable resolution of the dispute before taking any legal action or resorting to mediation. Failing an amicable agreement, the French courts shall have exclusive jurisdiction.


15. CONTACT

For any request for assistance or question relating to the SUSTAINIMMO Application, SUSTAINIMMO can be contacted as follows:

  • By post: SUSTAINIMMO, 9 rue Anatole de la Forge, 75017 Paris
  • By email: support@sustainablerealestate.fr