The website www.unkle.fr (the "Site") is edited by Unkle, a simplified joint stock company with share capital 6,311.95, whose registered office is located at 112, avenue de Paris - CS 60002 - 94306 Vincennes, France. Cedex and registered with the Créteil Trade and Companies Register under number 840 606 453, intra-community VAT number FR82840606453, email address:email@example.com, (the "Company").
The following terms beginning with a capital letter, whether used in the singular or plural, shall have the meanings attributed to them hereafter:
Case: A dispute leading to the submission of a case to a court of law by parties who are opposed to each other on the same facts in order to have their positions settled, regardless of the procedural developments implemented before this court.
Year of insurance: period of 12 consecutive months between each principal payment.
Provisional certificate of eligibility: document detailing the guarantees that may be offered by the Company to the User's lessor, subject to the conclusion of a Lease Agreement between the User and his lessor, payment by the User, and the lessor's adherence to the Guarantee Services.
Joint tenancy: tenancy as defined in article 8-1 I of law n° 89-462 of 6 July 1989 aimed at improving rental relations. A tenancy granted exclusively to spouses or partners in a civil solidarity pact at the time of the conclusion of the Tenancy Agreement does not constitute a shared tenancy.
Tenancy Agreement: a tenancy agreement for a dwelling (bare or furnished), which contains a resolutory clause for non-payment of rent (automatic termination) and a solidarity clause, and for which the User (or Users, in the case of shared tenancy, cohabitation, tenancy between spouses or tenancy by civil solidarity partners) wishes to benefit from the Guarantee Services. It is specified that in the case of co-habitation or cohabitation, all the tenants must sign the same Lease Agreement for each to be considered as a tenant.
Unkle Agreement: a document which may be signed in certain cases by the Company and the User to whom a provisional eligibility certificate has been issued describing the conditions and terms of provision of the Guarantee Services attached to a Lease Agreement. In the event of multiple tenants, each User may have their own Unkle Contract under the conditions set out in these GCU.
Property damage: damage and destruction suffered by the property, i.e. damage to the building and all that is attached to it, including by destination, such as doors, windows or built-in kitchen furniture.
Personal space: secure space, accessible by means of personal identifiers (login and password), dedicated to the User. In the event of multiple tenants, each User will have their own Personal Space.
File study: verification and analysis by the Company of the information and documents provided by the User on their Personal Space, in order to determine whether the User can benefit from the Guarantee Services.
Products: different insurance products offered on the Unkle platform. Each of the Products has its own general terms and conditions of sale to which the User adheres by subscribing to the said product.
Services (Tenant's Guarantee): all the services provided by the Company to the User, and accessible via the Website:
i. provision of a Personal Space on the Website;
ii. carrying out a Study of the File on the basis of the information and documents provided by the User;
iii. if the Study of the File is validated by the Company :
iv. access to special offers from the Company's partners.
Services (Rent Guarantee Insurance): all services provided by the Company to the User, and accessible through the Site:
i. provision of a Personal Space on the Site ;
ii. carrying out a Study of the Dossier on the basis of the information and documents provided by the User;
iii. provision of "unpaid rent" insurance for the benefit of the landlord, protecting him from the unpaid rents and according to the options chosen against property deterioration, and offering it legal protection;
iv. access to special offers from the Company's partners
Renter's solvency: The tenant's income must be sufficient and appropriate the amount of the rent, charges and taxes payable by him. This payment capacity is expressed as a %. defining the maximum threshold of the ratio of rent divided by income.
User: natural person who accesses or browses the Site.
Access to and use of the Site are governed by these Terms and Conditions of Use. The TOS define the conditions of use of the Site and/or the Services, it being specified that the conditions applicable to the Guarantee Services are subject to additional contractual conditions to which the User shall be required to adhere under the conditions specified in these TOS. The TOS govern the contractual relationship between the Company and any User.
The TOS are available and directly consultable on the Site at any time.
The use of the site Unkle.fr is equivalent to the automatic acceptance of its terms and conditions. The Company reserves the right to modify the TOS at any time. The modified Terms and Conditions of Use shall take effect on the date on which they are put online on the Site and are deemed to be accepted without reservation by any User who browses the Site after they have been put online. The Company will inform the User of any substantial modification of the TOS by any means, and in particular by displaying a banner to this effect on the Site.
The applicable GCU are those in force on the day of navigation on the Site.
To be able to benefit from the Guarantee Services, the User must first create a Personal Space by means of a login and a password. The creation of the Personal Space is free of charge.
The answers to the preliminary questionnaire allow a preliminary study of the User's file, on the basis of the elements he or she provides. The User is then invited to create his/her Personal Space in order to download the supporting documents that will enable the Company to proceed with the Study of the Application. The User can make a simulation, then is invited to create his Personal Space.
When creating his Personal Space, the User's identifier corresponds to his email address, and the User defines his password in accordance with the indicated security instructions.
The User's login and password are strictly personal and confidential. Their storage and use are the sole responsibility of the User. In this respect, the Company shall not be liable to the User for any damage suffered as a result of the illicit, fraudulent or abusive use of his login and password.
It is the User's responsibility to inform the Company immediately if an unauthorised person has used his or her login and password, but also in the event of loss or forgetfulness of his or her login and password. In the event of loss, forgetfulness or unauthorised use of his identifiers and password, the User also undertakes to reset his password according to the procedure described on the Site.
The User can modify his information at any time in his Personal Space.
In his Personal Space, the User downloads the compulsory and, where applicable, optional information and/or documents in order to enable the Company to carry out the Study of the File. If need be, the User may also find in his Personal Space:
In the event of repeated failure to comply with the obligations of these TOS, or prolonged inactivity, the Company reserves the right to definitively delete a User's Personal Space after prior notification by email.
In the context of a Tenant Guarantee, if, at the time of the creation of his Personal Space, the User has not yet found accommodation or signed a Lease Agreement, the Company may send him a provisional certificate of eligibility, intended to facilitate his search and detailing the guarantees that the Company may offer within the limit of a maximum rent.
This provisional certificate of eligibility is valid for a period indicated on the document and does not constitute a firm commitment by the Company to issue a subsequent Guarantee Certificate in due form, insofar as this will only be issued subject to the User and his landlord signing a Lease Agreement, the User making payment and the landlord subscribing to the Guarantee Services.
After having created his Personal Space, if he wishes to benefit from the Guarantee Services, the User must download the obligatory and, where applicable, optional information and/or documents, in order to enable the Company to carry out the Study of the File.
The User guarantees in this respect (i) that all the information and/or documents provided on the Site or downloaded from his Personal Space or otherwise communicated to the Company are authentic, complete, unfalsified, true and up to date; and (ii) that he has the necessary rights and/or authorisations to provide the Company with the said information and/or documents, in compliance with the legal and regulatory provisions in force and without infringing the rights of a third party.
In the event of doubt as to the veracity or authenticity of a document or information transmitted, the Company reserves the right to ask the User for additional information and/or documents, to refuse to provide the Services to the User and/or to delete the Personal Space of the User concerned.
The User also ensures that the downloaded documents are legible and correctly formatted to enable the Company to read them in the best possible conditions.
In the case of rental by several Users, the Company will only be able to carry out the Study of the Dossier once all the Users concerned have downloaded the necessary documents.
Once the Study of the File has been carried out, the Company will inform the User by email:
The eligible User(s) must finalise the subscription to the Guarantee Services within (2) months of the provision of the provisional eligibility certificate. To do so, within this period :
For each Product, Users and customers adhere by subscribing to the various general conditions of the said Insurance Products.
The terms and conditions for the provision of the Warranty Services, as well as the costs of the Warranty Services, are specified in the various Unkle Contracts.
It is specified that the use of the Unkle.fr site in general is equivalent to the automatic acceptance of its TOS. Where necessary, the provision of bank details leads all the more to acceptance of the TOS.
In order to contract the Guarantee Services, the Company carries out a file check of each of the Users. Unkle only carries out a formal verification of the User's file once it is complete and the User has paid a sum equal to the first month of the Guarantee Service.
In the case of a Tenant Guarantee, Unkle will make the first payment of an amount equal to the first month of the Guarantee Services (the "Price"), being 3.5% of the amount of the rent including charges.
Under the Unpaid Rent Insurance that the Landlord may take out, the Landlord has the option of having Unkle check the Tenant's file to ensure that the Tenant's file falls within the insurance eligibility criteria. If the file is validated by Unkle, this will mean immediate coverage in the event of a claim by the Tenant. This option may be invoiced by Unkle.
In accordance with Article L. 121-21-8 of the French Consumer Code, the right of withdrawal may not be exercised if the file verification or the signature of the Lease Contract has been fully executed before the end of the withdrawal period.
In the case of a Tenant Guarantee, payment of the first fee for the Guarantee Services or any file verification fee of the Company corresponds to the file verification service provided in order to benefit from the Guarantee Services. If the User does not eventually return to the premises or is not eligible for Unkle's Warranty Services, a lump sum of thirty euros (€30) will be retained by the Company. If the fee for the Warranty Services was lower, the full amount will be retained by the Company as a file audit fee.
The Price is due to Unkle during the entire initial term of the Lease and will be debited by Unkle each month from the bank account indicated in your Personal Space. If you terminate the Lease prior to its expiry date, you undertake to notify Unkle in writing of your effective date of departure from the accommodation so that Unkle can verify this information with the landlord and terminate the deduction of the Price.
Levies will stop after receipt of the inventory of fixtures by Unkle and on the date of receipt of the inventory of fixtures. No refunds will be made.
Within the framework of the unpaid rent insurance, the owner-lessor User who wishes to terminate his contract has a two-month notice period. This notice can be given to Unkle in any written form by email or post and takes effect from the date of receipt of the email or the date of sending the post for a period of two months.
In the context of the Tenant Guarantee, you acknowledge that this payment is made in addition to the rent payment you are required to make to your landlord, and that in any event, you remain liable for the payment of rent to your landlord throughout the initial term of the Lease. The conclusion of the Unkle Contract does not have the effect or purpose of authorising you to no longer pay the sums you owe to your landlord, or to justify at any time that you no longer fulfil your payment obligations to your landlord.
In any case, in the event of unpaid rent reported by your landlord to Unkle, Unkle will contact you to find out the reasons for the unpaid rent. In the event that you are unable to pay the rent, Unkle will make the corresponding payment in accordance with the conditions detailed in the information notice of the contract taken out by Unkle with Mila or Sada Assurances available hereafter.
In this respect, in the event of non-payment of the rent and/or the price, you are liable to prosecution by your landlord and/or Unkle, in particular to obtain payment of the sums due and/or your eviction from the accommodation.
In case of non-payment of the monthly premium corresponding to the Guarantee Services by the tenant, the premium may be called for acceleration by Unkle for all the remaining period of the lease corresponding to the period of Unkle's guarantee and may call for a bailiff to recover the sums due by the User.
The totality of the sums due for the Guarantee Services (unpaid monthly premiums, late interest, penalties...) will be owed by the User to Unkle and will be re-invoiced to him.
If the SEPA direct debit is rejected on the User's account, Unkle will re-invoice him/her for the fees charged by its payment provider Stripe (8 € for each rejected direct debit) on his/her next invoice.
The Unkle trademark, as well as all the figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Site, whether registered or not (the "Trademarks") are and remain the exclusive property of the Company or are licensed to the Company.
The Site and all the graphic, textual, visual and photographic elements appearing on it, in particular all illustrations, images, drawings, photographs, characters, texts, scenery, presentation methods, graphics or any other element of the Site (hereinafter the "Content") are and remain the exclusive property of the Company or are licensed to the Company and are protected in particular by intellectual property rights.
Under no circumstances may the Brands, the Site and/or its Content be modified, reproduced, represented, distributed, displayed, marketed, incorporated in a derivative work or otherwise, in whole or in part, in any medium whatsoever. In general, the Brands, the Site and its Content may only be used in the context of browsing the Site and, where applicable, to benefit from the Services.
The use of all or part of the Brands, the Site and/or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these TOS is strictly prohibited.
Subject to compliance with these TOS, the Company grants Users a personal, non-exclusive and non-transferable right to access and use the Site, its Content and/or the Brands for the sole purpose of consulting the Site.
With the exception of the above, it is strictly forbidden for Users to:
When using his Personal Space, the User may download documents from the Site (the "User Content").
In this respect, the User guarantees (i) that he or she holds all the rights or has obtained all the necessary authorisations (including, in particular, authorisations relating to image rights) to download the User Content, and (ii) that the User Content that he or she provides does not violate any third party rights, including the intellectual property rights of third parties.
The Company does not acquire any ownership rights to the User Content. However, the User grants the Company, for the duration of the Services, a worldwide, free and non-exclusive licence to use the User Content, allowing the Company to use, reproduce, represent, on any media, by any means, all or part of the User Content for the purposes of providing the Services.
It is forbidden to create a hypertext link to the Site without the Company's express prior written authorisation. Requests must be addressed to the Site's publication director at the following address: firstname.lastname@example.org
The Site may offer links to other websites, including the websites of partners whose offers may be highlighted on the Site. Insofar as the Company has no control over these third-party websites, the Company makes no commitment as to the availability and content of these sites, and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. The Company also disclaims all liability for any damage or loss, whether actual or alleged, arising out of or in connection with the use of, or reliance on, the content, goods or services available on such third party websites.
The Site and its Content are provided as is and subject to availability.
The Company does not warrant that the Site or its Content will be error-free or uninterrupted.
The Site is normally accessible 24 hours a day, 7 days a week, subject to the following conditions:
The Company undertakes, as part of an obligation of means, to provide access to the Site and to make its best efforts to remedy any malfunction brought to its attention. However, the Company may find itself obliged to suspend the Site temporarily or permanently without notice, in particular for technical and/or maintenance reasons, whatever the origin or cause, without this entailing any liability on the part of the Company.
It is specified that the Internet network and the computer and telecommunications systems used to access and use the Site are not free of errors and interruptions and breakdowns may occasionally occur. The Company may not be held liable for any inconvenience or damage related to the use of the Internet network, and in particular, without this list being exhaustive, the incorrect transmission and/or reception of any data and/or information on the Internet, the failure of any reception equipment or communication lines, any malfunction of the Internet network preventing the proper functioning of the Site and/or Services. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against contamination by any virus and/or attempted intrusion of which they may be victims.
The Company's liability towards the User can only be engaged for facts directly attributable to the Company and causing direct prejudice to the said User.
Under no circumstances can the Company be held liable to the User in respect of:
(i) indirect prejudice, recognised as such by the French courts,
(ii) damage resulting from misuse or use of the Site and/or Services that does not comply with these GCU, or
(iii) damage resulting from facts attributable to the User, to any other User or to any third party.
The User is solely responsible for the use he or she makes of the Site and/or the Services, and in particular for complying with his or her obligations under these GCU.
In this respect, the User guarantees the Company against any complaint, claim, action, demand and/or recourse of any nature that any third party may make against the Company on the basis of the User's breach of any of its obligations or guarantees under the terms of these GCU, or, more generally, the User's use of the Site and/or the Services. The User undertakes to compensate the Company for any prejudice, loss and/or damage that the latter may suffer and to pay it all costs, charges and/or sentences that it may have to bear as a result.
In the event that one or more of the provisions of the TOS are considered invalid or unenforceable by a competent court or by applicable law or regulation, this provision will be deleted without affecting the validity and enforceability of the other provisions of the TOS.
The fact that the Company does not avail itself of any provision of these TOU shall not be considered as a waiver of the benefit of such provision or of the right to subsequently avail itself of such provision and/or to claim compensation for any breach of such provision.
Any request for information, clarification, assistance, any claim relating to the Site and/or the Services should be sent to the Company by e-mail to the following address : email@example.com
These TOS are governed by French law.
In the event of a claim or dispute concerning the application, interpretation or execution of these TOU, the parties undertake to seek an amicable settlement to the dispute concerned before any legal action or recourse to a mediation procedure.
In the absence of an amicable agreement, the User may have recourse to any alternative means of settling disputes and in particular to a mediation procedure :
Failing resolution of the dispute in this context, the dispute will be brought before the competent French courts.