Tiroof is a web platform, accessible at the address www.tiroof.co.uk (the "Site"), operated by Toc toc family, a simplified single-person joint-stock company, with its registered office located at 25 rue de ponthieu 75008, registered with the Paris Trade and Companies Register under identification number 837 700 269 (the "Company"). The Site is dedicated to connecting Roommates, tenants, and landlords. The purpose of these General Terms and Conditions of Use (the "Conditions" or taken as a whole, the "Agreement") is to define the terms and conditions governing the relationship between the Users of the Site and the Company. These Conditions constitute a contractual agreement for an indefinite period from the user's acceptance of this Agreement. The user undertakes, during each visit to the Site, to comply with all these Conditions without any reservation. Accordingly, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, he will nevertheless be personally bound by this Agreement.
- "Roommate(s)" refers to any natural person, aged 18 or over, wishing to rent and share accommodation with an Advertiser or any other person for personal needs only, without this housing search having any professional character.
- "Condition(s)" has the meaning given to it in the preamble;
- "Agreement" has the meaning given to it in the preamble;
- "Shared Housing Offer" means any offer published by an Advertiser on the Site for the purpose of renting accommodation and sharing the rental with a Roommate;
- "Lessor(s)" means (a) any natural person, aged 18 or over, offering shared rental of accommodation of which he holds full and complete legal ownership or (b) a natural person, aged 18 or over, having the right, without restriction, from the owner of the accommodation to co-rent said accommodation or (c) a natural person, aged 18 or over, roommate of accommodation offering one or more available spaces, excluding any real estate professional who has not established a service contract with the Company;
- "Service(s)" means the service(s) offered by the Company on the Site as referred to in Article 2;
- "Site" has the meaning given to it in the preamble;
- "Company" has the meaning given to it in the preamble; and - "User" means any natural or legal person using the Site.
- "User" means any natural or legal person using the Site
The rules set out below apply to the interpretation of this Agreement:
(a) The headings of the articles and annexes are included for convenience and do not affect the interpretation of any of the provisions of this Agreement;
(b) The use of the expressions "including," "in particular," or "namely" implies that the enumeration that follows is not restrictive or exhaustive;
(c) The term "or" is not exclusive;
(d) The definition assigned to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
(e) The counting of deadlines expressed in days, months, or years must be done in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;
(f) Any reference to a party includes a reference to its heirs, successors, and assigns; and
(g) Any reference to a document is understood to refer to it as it may be modified or replaced (other than in violation of the provisions of this Agreement).
Access to the Services is open to any natural or legal person capable within the meaning of Articles 1123 and following of the Civil Code or, where applicable, to any legal entity acting through a natural person authorized to create and manage its account on the Site.
Access to and use of the Services are subject to compliance with these Conditions.
Access to the Services implies the User's full and unreserved acceptance of these Conditions. When registering on the Site, the User undertakes to read and accept these Conditions by ticking the box provided for this purpose. If the User does not wish to accept these Conditions, he must not access the Services.
In order to access the Services, the User must create an account on the Site, in accordance with the following terms and conditions:
(a) The User must provide accurate and complete information for the creation and update of his account. The User is informed and accepts that inaccurate or obsolete information may lead to the suspension or termination of his account by the Company.
(b) The creation of an account is reserved for Users aged 18 or over. The User acknowledges that he has the technical and financial means to create and use his account.
(c) The User is responsible for the proper security and confidentiality of his username and password. He must immediately notify the Company of any unauthorized use of his account or any breach of security.
(d) The User's account may be deleted or suspended at any time by the Company, without notice or compensation, for any reason, including in the event of a breach by the User of these Conditions.
(e) The User may, at any time, request the deletion of his account by sending an email to the following address: [email protected] Such deletion will take place within a reasonable time from receipt of the User's request.
(f) The User is informed and accepts that the data collected during the account creation and any subsequent use of the Services are proof of the creation and use of the account and the use of the Services. This data is kept by the Company under the conditions set out in the personal data protection policy accessible on the Site.
Access to the Services requires an Internet connection and an internet-compatible device.
The User is solely responsible for the proper functioning of his computer equipment and his Internet access.
Any costs relating to access to the Services (hardware, software, internet connection, etc.) are the sole responsibility of the User.
The Company provides Users with a platform that allows Roommates to connect with Advertisers offering Shared Housing Offers. The Company's role is limited to connecting Users and providing them with a platform to facilitate the conclusion of shared housing rental agreements between Roommates and Advertisers.
The Services include:
(a) Consultation of Shared Housing Offers posted on the Site;
(b) Consultation of Roommate profiles;
(c) Connection between Roommates and Advertisers;
(d) Sending of requests and messages between Roommates and Advertisers;
(e) Any other functionality that the Company may provide on the Site as part of the Services.
The Company reserves the right to modify or interrupt, temporarily or permanently, all or part of the Services, without notice or compensation. The User acknowledges and accepts that the Company is not liable for any modification or interruption of the Services.
The User agrees to use the Services in compliance with all applicable laws and regulations and these Conditions.
When using the Services, the User is prohibited from:
(a) Violating the law or infringing the rights of third parties;
(b) Using the Services for illegal, fraudulent, malicious, or discriminatory purposes;
(c) Distributing content that is defamatory, offensive, violent, or incites violence or discrimination;
(d) Interfering with the proper functioning of the Services or attempting to circumvent the Company's security measures;
(e) Collecting or processing information about other Users without their express consent;
(f) Creating multiple accounts or using the account of another User;
(g) Transmitting viruses, malware, or any other harmful code;
(h) Attempting to access the accounts of other Users or any other computer system or network connected to the Services without authorization;
(i) Using any automated system, such as robots or scripts, to access the Services;
(j) Copying, modifying, or distributing the content of the Site without the Company's express consent;
(k) Violating the rights of the Company, including intellectual property rights;
(l) Harassing, threatening, or intimidating other Users;
(m) Engaging in any other conduct that the Company considers inappropriate.
The User acknowledges that the Company does not verify the accuracy, legality, or conformity of Shared Housing Offers. It is the responsibility of Users to ensure the accuracy and legality of the offers and to enter into agreements with full knowledge of the facts.
All personal data held by the Company is collected legally and fairly. This data is provided by Users who, by creating an account on the Site, voluntarily and expressly accept these Conditions, authorizing the Company to process this data.
They are used to (i) allow the User to fully enjoy the Services and features offered by the Site, (ii) prevent any fraud, (iii) for statistical purposes and/or transmitted free or for a fee to any business partner of the Company. In accordance with the law of January 6, 1978, relating to data processing, files, and freedoms,Tiroof has declared the processing of Members' personal data to the CNIL, under number 20151052. This data may be communicated by the Company to any third party responsible for processing, managing, and paying for the Services, as well as to any business partner of the Company. The User is also informed that the following data may be transmitted to any business partner of the Company and under any conditions set by the latter: - User's name and/or first name; - Date of birth; - Nationality; - School and/or University; - Level of study; - City frequently visited - City of the future flat share; - Rental budget (min, max); - Gender: Female, Male; - Status: Single / in a relationship / secret; payslip, - Owns a car or not; - Owns a pet or not; - Vegetarian or not; - Smoker or not; - Spoken language; - Lifestyle (athlete, party-goer, gamer, artist, etc.); - Erasmus or not; - Proposal for accommodation or not; - Workload (no pressure, regular work, workaholic). To facilitate the use of the Site and personalize the User's experience, the Company uses cookies and log files. The use of cookies can be disabled by modifying the internet browser settings. Personal data is stored by the Company on its servers for processing in the context of the use of the Services. They are kept as long as necessary for the provision of the Services and functions offered by the Site. The user always remains the owner of the information concerning him that he transmits to the Company. He has, in accordance with law no. 78-17 of January 6, 1978, as amended by law no. 2004-801 of August 6, 2004, the right of access, rectification, and deletion of personal data concerning him, as well as the right to object to the communication of this data to third parties for legitimate reasons. The User may exercise his rights by writing to the following email address:
[email protected] or to the following postal address:
Toc toc family 25 rue de ponthieu 75008 A response to the User's request will be sent within 30 days.
The Company's role is limited to the technical provision of Services to Users. The User is solely responsible for the consequences of using the Site. He must ensure that the use he makes of the Site complies with legal and regulatory provisions, as well as these General Conditions. The Company gives no guarantee to the User regarding the conformity of the use of the Site, whether actual or planned, with national or international legal and regulatory provisions. The User is informed of technical glitches and access interruptions that may occur on the Site. Consequently, the Company cannot be held responsible for unavailability or slowdowns in Services. All information, advice, guides, and any other data displayed on the Site are not intended to constitute advice on which a decision could be made by the User. The User must not consider the information and data on the Site as acquired but must independently verify all this information and data. The Company cannot be held responsible for the consequences of using the data and information displayed on the Site.
The Company, providing only a technical role in the establishment of a computerized roommate search system, cannot have the quality of lessor or lessor of the properties rented by Advertisers via the Site. Consequently, Users are responsible for organizing the legal and financial conditions of their relationships, for which they will be solely responsible. They will have to ensure compliance with legal and regulatory conditions and handle all disputes between Users. In addition, the Company cannot be held responsible in any case, particularly for:
1. the consequences of virtual or real meetings between Users following the use of the Site;
2. the conditions for the realization of Roommate Offers and the various services of the Advertiser;
3. the quality and conformity of Roommate Offers and services offered by the Advertiser;
4. the violation by the Advertiser of his legal, regulatory, or contractual obligations;
5. damages of any kind suffered by the Advertiser or the Roommate, including bodily harm, during any service of the Advertiser;
6. any damage resulting from a fault of the User or an event attributable to a third party or a case of force majeure. For all the Services offered on the Site, the Company cannot in any case have the quality of lessor or guarantor of Roommates or Advertisers, the Company's role being limited to the technical facilitation of the publication of Roommate Offers. More generally, the Company remains a third party to the acts concluded by Users via the Site and cannot be held responsible for the consequences of such acts in any capacity.
The User undertakes not to enter content that could harm public order or morals, provoke protests from third parties, or violate applicable legal provisions. The Company has no general obligation to monitor the data and content imported by Users, nor an obligation to delete content that would appear manifestly illegal, notwithstanding its reporting. Consequently, it is expressly agreed that if the Company were to be implicated, in any capacity, in any country, by a third party on the basis of industrial and/or intellectual property rights relating to an element provided by a User, this User undertakes to fully indemnify the Company for the direct and/or indirect economic and financial consequences (including legal fees and defense costs) arising from these claims. It is reminded that the data published by Users and the information shared by them can be captured and exploited by other Users or third parties. In this sense, the Company does not guarantee the respect for the ownership of this data; it is the User's responsibility to take all necessary measures to preserve the ownership of their data. The User must ensure the transmission of data to the Site and cannot reproach the Company on any grounds and in any capacity for non-reception or loss of transmitted data. The User will then ensure the backup of the transmitted data.
In any case, the Company cannot be held responsible for indirect or unforeseeable losses or damages to Users or third parties, including any loss of profit, inaccuracy, or corruption of files or data, or loss of opportunity for any reason and on any basis whatsoever under this Contract. The Company cannot be held responsible for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of French courts and tribunals.
The User may terminate this Contract at any time by going to the Site and following the procedure provided for this purpose. It is recalled that once a User's member account is closed, the transmitted data and all generated data will be destroyed by the Company. The Company reserves the right to restrict, suspend, or delete, without notice or refund, the account of any User who uses the Services in an abusive or inappropriate manner. The assessment of the User's behavior is at the sole discretion of the Company. The Company is free to terminate or modify the conditions of Services at any time. The Services offered free of charge cannot give rise to any obligation on the part of the Company.
Right of withdrawal. You can cancel your subscription at any time by logging into your account and clicking on the "Deactivate my account" link. The site does not offer subscription refunds because it allows Users to preview all site content for free and only requires payment when Users start contacting other members. However, if members do not find a room or roommate within the time frame specified by their subscription, it will allow them to renew their subscription at a reduced price (subject to changes). This provision does not affect other legal rights as a consumer.
Computer systems and files are evidence in relations between the Company and the User. Thus, the Company may validly produce, in the context of any proceedings, for the purposes of proof, data, files, programs, recordings, or other elements, received, sent, or stored using computer systems operated by the Company, on all digital or analog media, and rely on them unless there is a manifest error.
The content of the Site is the property of the Company and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
The fact that any provision of the Contract is or becomes illegal or unenforceable will not affect the validity or applicability of the other provisions of the Contract in any way.
The Company reserves the right to modify, supplement, or replace these Conditions. In the event of the User's refusal of the new provisions, it is recalled that the User may at any time, in accordance with article 7 (Termination), terminate this Contract.
These General Conditions and the operations resulting from them are governed by and subject to French law. In the event that these conditions are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
In the event of a dispute concerning the validity, performance, or interpretation of this contract and would be brought before civil courts, it will be subject to the exclusive jurisdiction of the French courts to which exclusive jurisdiction is expressly granted, even in the case of summary judgment or multiple defendants. The User is informed that he can in any case resort to conventional mediation or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The User acknowledges having been communicated, prior to subscription, in a readable and understandable manner, these General Conditions and all the information and information referred to in articles L111-1 to L111-8 of the Consumer Code, and in particular: - The essential characteristics of the subscribed Service, taking into account the communication medium used; - The price of the Service; - Information relating to the identity of the Company, its postal, telephone, and electronic contact details, and its activities, if they do not appear from the context; - Information on legal and contractual guarantees and their implementation methods; - The functionalities of the digital content and, where applicable; - The possibility of resorting to conventional mediation in the event of a dispute; - Information on the right of withdrawal. The fact of subscribing to the Site implies adhesion and full acceptance of these General Conditions, which is expressly recognized by the User, who expressly waives, in particular, invoking any contradictory document that would be unenforceable against the Company.
