The GUESTRAVELER service is provided by the GUESTRAVELER company (hereafter “GUESTRAVELER”), a simplified single shareholder company with a capital of 10,000 euros, identified under the 821 903 374 number in the Nanterre Trade and Company Register, with a head office located at 65 avenue Aristide Briand – 92160 Antony, represented by its legal representative (hereafter referred to as “the GUESTRAVELER COMPANY”).
The GUESTRAVELER service is accessible via the “NOHÔ” smartphone application available on the Apple Store and Google Play (hereafter “THE APPLICATION) as well as via the NOHÔ website (www.noho.world) (hereafter collectivity the “MEDIA”).
Definitions:
ACCOUNT: describes the interface in which all of the data provided by the MEMBER hosted on the MEDIA is collected.
HOST: A MEMBER not acting in the context of any commercial activity and offering a share relating to their personal, professional or associative life with the aim of
discovering a place, professional expertise, an activity, a passion (non-exhaustive list) with a NOMAD.
MEMBER: describes any adult VISITOR aged 18 or over who registers on the MEDIA in order to benefit from the different services implemented by the GUESTRAVELER COMPANY.
The MEMBERS only act between each other as individual natural or non-professional persons in accordance with the meaning in the preliminary article of the French Consumer Code.
NOMAD: A MEMBER not acting in the context of any commercial activity and wanting to subscribe to a share provided by a HOST.
SHARE: service provided by the HOST involving sharing their personal, professional or associative life with the aim of discovering a place, professional expertise, an activity, a passion (non-exhaustive list).
USER: describes all the MEMBERS and VISITORS.
VISITOR: describes any natural person who accesses and browses on the MEDIA.
THIRD-PARTY ACCOUNT: describes an account registered with a third-party social network (e.g. Facebook) allowing access to services offered on the MEDIA.
ARTICLE 1: Presentation of the service
The collaborative NOHÔ application is designed to place a HOST in contact with a NOMAD in the majority of countries (European Union). The HOST offers to share their personal, professional or associative life for the purposes of discovering a place, professional expertise, an activity or a passion related to their personal life (non-exhaustive list), and the NOMAD seeks to experience and share in the life of a local.
Sharing lives or expertise, like respecting others, are fundamental values for the GUESTRAVELER company.
The GUESTRAVELER company accordingly offers an online sharing platform allowing a NOMAD, via geolocation or booking, to contact a HOST with a view to signing up to a share directly with the latter.
To this end, the NOMAD views, on an interactive map, all of the SHARES available. Once the SHARE has been selected and paid, a request is sent to the HOST who has the option to confirm their acceptance.
The NOMAD is informed by SMS and by email of the acceptance by the HOST: they now have the option of chatting via an internal messaging service available on the MEDIA and specifying the specifics of the SHARE selected (notably the place, the precise time, the number of people, as long as the latter is not greater than 6 people per SHARE).
The HOST is paid by bank transfer within 48 hours, from the start of the SHARE approved by them and the NOMAD.
At the end of the service, the NOMAD is invited to leave an evaluation and a comment on the HOST, via the application or the website, which will be accessible to the USERS.
ARTICLE 2: Accepting the Terms of use
The use of the MEDIA is subject to fully and unconditionally accepting the terms of use (hereafter the “T&Cs”) which serve to preside over the legal relationships between the NOMADS and the HOSTS (and MEMBERS) (individual natural persons acting within the context of their personal, non-commercial aspirations) and the GUESTRAVELER company. USERS will be particularly vigilant to the non-commercial and non-professional purpose of using the media. If you do not accept all or part of the T&Cs, you are not allowed to use the MEDIA.
ARTICLE 3: Modification of the T&Cs
The GUESTRAVELER company may be required to modify the T&Cs at any time and at our sole discretion, in particular in order to adapt to its technical environment and to comply with the regulations in force.In this event, we will inform you of this beforehand by publishing the modified T&Cs on the MEDIA and/or via another communication method,with mention of the date of update.
Continuing to use the MEDIA after the publication of the modified T&Cs implies full and unconditional adherence to the new T&Cs.
If you do not accept the modified T&Cs, then you are no longer allowed to use the MEDIA.
ARTICLE 4: Access to the services or signing up
Signing up on the media requires the creation of a personal account.
Creating a personal account allows users to interact with each other from their account.
The user proceeds to the creation of his personal account by filling out a form available on the site on which he provides the required personal information, exact, complete, in accordance with reality, up to date and of which he guarantees the relevance. He is solely responsible for the content as he assumes full responsibility towards GUESTRAVELER and third parties for any omission or negligence in this regard.
Upon creating their personal account, the user creates their personal codes.
GUESTRAVELER reserves the right to request that the USER modifies all or part of their confidential codes, notably for regulatory, technical or security reasons, without the USER being able to oppose this in any capacity or in any manner whatsoever.
The confidential codes are strictly private and for personal use. It is the USER’s responsibility to take the appropriate measures in order to avoid a third party being able to gain knowledge of these codes. As such, the USER commits to not communicating them to anyone in any way. The USER is solely responsible for keeping them and using them and shall be liable for the acts and actions of any person using their personal account, even without their knowledge. In addition, the USER commits to modifying their confidential codes straight away as soon as they have reason to believe that the privacy of their confidential codes has been compromised or that an unauthorized person has had, or is likely to have, access to the USER’s codes. The USER is required to inform GUESTRAVELER immediately about this potential unauthorized access. GUESTRAVELER will then suspend all access options to the media before the user creates new codes.
The USER can also sign up on the MEDIA via a THIRD-PARTY ACCOUNT.
To this end, the USER, who expressly states and ensures that they are complying with the terms of use of the third-party social network concerned, expressly authorizes the GUESTRAVELER COMPANY to access the THIRD-PARTY ACCOUNT.
By authorizing the GUESTRAVELER COMPANY to access the THIRD-PARTY ACCOUNT, the GUESTRAVELER COMPANY shall have access to the following data: public profile and email.
The GUESTRAVELER COMPANY will make the following data, constituting the profile of the HOST, available on the MEDIA, whether or not it is taken from the THIRD-PARTY ACCOUNT:
– First name.
– Initial of NAME.
– Photo.
– The description that the user entered in their information.
The USER ensures that this data, from their THIRD-PARTY ACCOUNT, is not contrary to the moral standards, laws and regulations in force and the rights of the third parties.
The USER shall be reminded that they remain bound to the terms and conditions of use of the third-party services associated with the THIRD-PARTY ACCOUNTS.
The USER cannot have more than one active NOHÔ account.
In the event of erroneous, incomplete, false or outdated information being supplied, as well as when the account remains inactive for over a year, GUESTRAVELER can decide to suspend or deregister the user’s account with immediate effect in accordance with article 10 of these T&Cs.
ARTICLE 5 – Eligibility
The media are only for adults aged 18 or over. Any access or use of the media by an individual under 18 is prohibited. By accessing or using the media, you guarantee that you are 18 years old or over.
Under penalty of exclusion of the members concerned, the media are signed up to exclusively within the context of a “SHARE” that rigorously and strictly complies with NOHÔ’s values, moral standards and public order. As such, any proselytizing activity is strictly prohibited.
ARTICLE 6 – OBLIGATIONS OF THE PARTIES
6.1 Obligations of all USERS
In the context of using the MEDIA, each USER commits to not undermining public order and to complying with the laws and regulations in force (notably relating to the activities offered in the context of a SHARE or comments left by NOMADS following a SHARE), and to respecting the rights of third parties and the provisions of these T&Cs.
Using the media also implies observing the behavioral standards based on moral values such as respecting others, courtesy, good faith and fairness and on security.
The USER is solely responsible for the publishing of all content whether it is written or graphical, circulated on the media.
Each USER is obliged to:
Behave fairly and with due diligence towards the GUESTRAVELER company and third parties.
Be honest and sincere in the information provided to the GUESTRAVELER company and, where required, to internet users and other USERS.
Respect third parties’ rights, and in particular the rights of the GUESTRAVELER company.
Use the MEDIA and their ACCOUNT in accordance with the purpose described in these T&Cs.
Not misuse the MEDIA and the ACCOUNT to commit crimes, infractions or contraventions punishable under the French Penal Code or any other law.
Respect the private life of third parties and the confidentiality of the exchanges between and with USERS; refuse to circulate defamatory, insulting or slanderous information that violates human dignity.
No try to divert users to another website or competing service.
Not seek to interfere with automated data processing systems implemented to place MEDIA online, notably in accordance with the meaning within articles 323-1 et seq. of the French Penal Code.
Not post content contrary to the laws and regulations in force and to moral standards.
The rights and obligations associated with financial transactions on the MEDIA are processed under the general payment conditions available at the following address: (link to the website payment policy)
USE THE PLATFORM LINKAGE SERVICE ONLY FOR NON-PROFESSIONAL AND NON-COMMERCIAL PURPOSES.
6.2 Special obligations of NOMADS
In addition to the obligations referred to in article 6.1 of these general conditions each NOMAD must declare and commit, both for themselves and those accompanying them, to being formally covered by their own liability insurance company for any damage whatever the nature. By choosing to use the Site, the Application or the Services as a NOMAD, you accept assuming the potential risks associated with a share. If you are not covered by your insurance company, the GUESTRAVELER company encourages you, prior to any booking of a Share, to sign up to an insurance policy guaranteeing you against any personal injury and property damage.
The GUESTRAVELER company reminds you that we do not guarantee any Share, any Member or any Advert that we cannot control.
Each NOMAD agrees to have to justify his identity to the HOST when sharing.
6.3 Special obligations of HOSTS
In addition to the obligations referred to in Article 6.1 of these general conditions, HOSTs who offer life-sharing undertake to fulfill the following conditions:
– Identify themselves clearly and with accurate and up-to-date information,
– Certify that you are not acting in a professional capacity, even though the proposed sharing of life is part of professional know-how or a trade,
– As such, you are informed of the penalties incurred in application of Article L132-2 of the Consumer Code if you act in a professional capacity when you have presented yourself as a consumer or a non-professional.
– In the event of the use of motorized or non-motorized vehicles, specific equipment, be covered by valid civil liability insurance covering damage to third parties and hold the necessary permits.
– Ensure all the necessary safety rules so as not to endanger the NOMAD (s) who will accompany him in his sharing of life.
– For those who would avail themselves of qualities and / or skills relating to regulated activities (for example: sports educator, guide, instructor, etc.), justify a license from their Federation or equivalent document when putting life sharing online.
6.4 Obligations of the GUESTRAVELER company
The GUESTRAVELER company is a simple technical intermediary in the context of networking USERS.
The general obligation of the GUESTRAVELER company is an obligation of means.
The GUESTRAVELER company is not responsible for any enhanced obligation in terms of result or means of any kind.
The information relating to USERS which appears on the media is provided by them when they complete their profile. The USERS are responsible for updating this information. GUESTRAVELER therefore provides no guarantee as to the accuracy, timeliness, completeness or content of the data relating to USERS that is circulated by them on the media.
GUESTRAVELER assumes no responsibility as regards the quality of the shares offered, the qualification of USERS or the reliability of the information provided by USERS,its role as an online platform limited to connecting USERS and providing access to the platform.
The GUESTRAVELER company undertakes to make its best efforts to secure access, and ensure continuity of access and use of the MEDIA, 7 days a week and 24 hours a day, except in cases of force majeure or the occurrence of ” an event beyond the control of GUESTRAVELER and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the platform. GUESTRAVELER can in no way be held responsible for an interruption of all or part of the Platform, whatever the cause, duration or frequency.
Like any host within the meaning of Article 6 I 2) of the Law of 21 June 2004 on confidence in the digital economy, the company GUESTRAVELER commits to promptly removing all content (presentation or comments) that is manifestly illegal as soon as it has knowledge of this content.
Providing notification of manifestly illegal content must be done via email to the following address: contact@guestraveler.com or via registered mail with acknowledgement of receipt to the following address: GUESTRAVELER 65 avenue Aristide Briand 92160 ANTONY.
In both instances, to be valid, the notification must meet all the elements detailed in article 6 I 5 of the French law of 21 June 2004:
the notification date;
if the notifier is a natural person: their surname, first names, address, nationality, date and place of birth; if the claimant is a legal person: its structure, its designation, its head office and the body which represents it legally;
the names and address of the addressee or, if it is a legal person, its designation and its head office;
the description of the disputed facts and their precise location;
the reasons that the content must be removed, including the mention of the legal provisions and proof of facts;
the copy of the correspondence addressed to the author or publisher of the disputed information or content requesting its interruption, removal or modification, or the proof that the author or publisher was not able to be contacted.
ARTICLE 7 – REFERENCING AND RANKING
There is no capital link or remuneration of any kind whatsoever between GUESTRAVELER and the USERS of the platform likely to influence the referencing or ranking of ads on the platform.
Any USER is authorized to publish a sharing of life, subject to strict compliance with the general conditions of use.
GUESTRAVELER is authorized to de-reference an advertisement or to block an account in the event of use of media that does not comply with the general conditions of use, and more generally for the reasons specified in its T & Cs.
ARTICLE 8 – FINANCIAL CONDTIIONS, BOOKINGS and CANCELLATION
Definitions:
“Nohô connection fees”: describes the fees that the GUESTRAVELER company invoices to a HOST for the use of its Services, calculated on the basis of a commission, including taxes, of €5 (EURO).
“Payment of the HOST”: describes the sum due and accruing to the HOST, whether inclusive or not of fiscal and social taxes, for the Share offered.
“Taxes”: describes any fiscal or social tax related to the payment of the HOST; they may be included or added separately to the price offered by the HOST for the Share.
“NOMAD expenses” or “Share price”: describes the total amount that the NOMAD must pay when they request a SHARE which includes the NOHÔ connection fees and the payment of the HOST.
The total amount due inclusive of all taxes, is also indicated on the booking confirmation page. It corresponds to the price in place on the day of booking.
Share offers and Booking stages:
Shares presented online are valid, in the absence of any indication of a particular duration, as they appear on the media.
Before confirming their booking, the NOMAD has the option of confirming the details of their booking and their total price, going back to the previous pages to correct possible errors or modifying their booking.
Once the Life Sharing has been selected, [by] the NOMAD suggests a start time. THE HOST is informed by SMS, notification and email that a NOMAD wishes to reserve his share. The HOST has the option of confirming this schedule or refusing it, if the two parties cannot agree on the schedule, then the sharing will be canceled.
The NOMAD is informed by notification and by email of the request made to the HOST.
When the HOST accepts the request, the NOMAD is informed by notification and email.
The NOMAD must then declare to accept the T & Cs, the confidentiality policy as well as to be in possession of a liability insurance. Once these acceptances have been validated, he will be able to pay his share, upon acceptance of his payment, the NOMAD receives a confirmation email with his invoice and the invitation for his calendar. Then he will be put in touch with the HOST through the internal chat provided by GUESTRAVELER
The price is due in full after confirmation of the booking and acceptance of it by the HOST.
The HOST receives a notification and an email warning him of the payment of his sharing by the NOMAD, he is then paid by bank transfer within 48 hours, from the start of the SHARE approved by them and the NOMAD.
The HOST is solely responsible for the execution of all confirmed bookings and the provision of the share booked via the Website, Application or social media.
Securing and collecting payments:
The NOHÔ service uses the STRIPE payment software platform equipped with a secure online payment system. The payment process is carried out by STRIPE and its financial partners.
By accepting our T&Cs and by using the SRIPE payment services, you recognize that you are bound by the terms of use and payment of the STRIPE system, accessible at the following address: https://stripe.com/fr
We accept the following payment methods: VISA, AMEX, MASTERCARD
Cancellation and refunds:
Our online platform allows, via geolocation or booking, a NOMAD to contact a HOST with a view to signing up to a share directly with the latter. Our service is therefore designed to be subscribed to immediately in the majority of cases.
Due to this and in accordance with article L221-28-1° of the French Consumer Code, USERS are informed of the fact that the right to cancellation cannot be exercised, which the USERS both formally accept and expressly renounce by using the Media.
If as a NOMAD you want to cancel a confirmed booking, you remain liable for the entirety of the cost of the share (taxes and expenses included), if the cancellation takes place within a time period under 24 hours before the share, excluding the day of the share,
If, as a HOST, you cancel a confirmed booking, the NOMAD shall be fully refunded for the amount which has been invoiced to them (payment of the HOST and NOHÔ connection fees).
ARTICLE 9: TAXES and TAX RULES
The fiscal regulations may require, as for example in France, the collection of clear and transparent fair information on the fiscal and social obligations which may be incumbent on individuals who carry out commercial transactions via the intermediary of online platforms. The information relating to fiscal regimes and applicable social regulation on the amounts received, on reporting and payment obligations which result as regards the fiscal administration and social contribution collection agencies, as well as on penalties incurred in the event of a breach of these obligations, may be consulted for French law via the following links:
– at www.impots.gouv.fr, concerning fiscal obligations, link below: https://www.impots.gouv.fr/portail/node/10841
– on www.urssaf,fr, concerning social obligations, link below: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html
the HOSTS, whether they are residents or based in France or in other countries, expressly accept and commit to checking the fiscal and social obligations which are applicable to them before offering a share, as well as the possible taxes that they may need to include in their payment and in their Adverts for tax collection purposes, and commit to conforming to them.
More generally, under no circumstances are We responsible for the fiscal declarations which are applicable to you, or the taxes which are applicable to you. Neither are We responsible for the remittance to the competent authority of any tax included or collected by you. We are not able to provide tax or social consulting services to our USERS.
GUESTRAVELER draws the attention of USERS to the provisions of article 242 bis of the General Tax Code, which oblige online platforms on the one hand to send each year in January by electronic means to the parties to the exchange who have received funds (in this case by the HOTES) a summary document indicating the total number of transactions carried out during a calendar year of which the platform is aware and the gross total amounts of transactions carried out through the platform, on the other hand to communicate this same summary document to the French tax authorities.
The USER is advised that to meet this obligation, the platform must collect and communicate the following information:
a) The identification details of the platform operator concerned;
b) The identification elements of the user;
c) The status of individual or professional indicated by the user of the platform;
d) The number and the total gross amount of transactions carried out by the user during the previous calendar year;
e) If known to the operator, the details of the bank account to which the income is paid
These obligations apply to USERS residing in France or who carry out life sharing in France
ARTICLE 10 – Privacy Policy
1) This privacy policy aims to inform the USER on the way in which the GUESTRAVELER company collects, uses and divulges their personal data. It applies when the USER visits the MEDIA and accesses the networking services.
When the USER accesses the service, they are required to provide personal data by filling in sign-up forms which indicate what kinds of personal data are required. The USER can choose to not submit the data requested, but that may limit their access to the service, in particular for the booking of shares.
The GUESTRAVELER company is responsible for the storage and security of the USER’s personal data in its capacity as data controller.
2) The data collected and its use:
The GUESTRAVELER company collects the USER’s personal data in three ways:
Via direct input from the USER.
Via collection from third-party sources, via social media.
And, lastly, via USERS’ use of the networking service.
The GUESTRAVELER company is, as such, likely to collect personal data on the USERS of the MEDIA that may include:
contact details, such as the name, email address, social media, telephone number, postal address, where required,
connection references to the Service, such as the username,
other data on the user’s account and profile registration, comments and other information that you provide us (qualification, profession, photo, etc.).
The GUESTRAVELER company may also be required to collect certain information of a technical nature capable of constituting personal data under the law, like the IP address of the computer used, the name of the operating system, its language, its GPS feature or any other information divulged automatically by the computer workstation or smartphone used.
The GUESTRAVELER company collects personal data concerning the USERS of the MEDIA:
in order to create their personal account,
in order to allow them to access the payment service.
for USER classification needs, notably as regards the HOSTS,
to allow USERS to communicate between one another.
to operate, protect and improve its media,
to analyze and publish feedback,
to adhere to its legal obligations, resolve disputes and ensure its contracts are respected, and respond to USERS’ requests.
This data is on principle collected following a spontaneous disclosure by the USERS, who, as such, consent in a free, specific, informed and unambiguous way, to communicate the aforementioned data to the GUESTRAVELER company, for example within the context of a collection form.
The GUESTRAVELER company is also likely to use cookies in order to obtain information on USERS or improve the features of the media. In the event that the USER does not want their personal data to be collected via cookies, they can disable cookie support in their browser. This operation may, however, alter the performance and features of the media.
Any data collection by the GUESTRAVELER company is done for a specific and legitimate end. Depending on the case, it may be to:
allow the USER to use the MEDIA and benefit from the service offered by NOHÔ,
allow USERS to chat among themselves in the context of a SHARE,
sign the USER up to a newsletter on the services offered by the GUESTRAVELER company,
make the USER’s browsing on the WEBSITE or APPLICATION easier,
If required, to conform with the applicable law or any other legal obligation,
The personal data collected by the MEDIA will be, in principle, used by the GUESTRAVELER company in the context of the purpose detailed.
No international transfer of data to countries outside the European Union is implemented unless it has been authorized beforehand by decision from the competent authority and the external country ensures a suitable degree of protection, within the meaning of the provisions of article 40 of EU Regulation 2016/679
In its capacity as a data controller, the GUESTRAVELER company ensures that the USER’s personal data is protected in accordance with the legislation in force within the European Union. The GUESTRAVELER company commits to implementing technical and organizational measures that are appropriate and proportionate to the nature, scope, context and purposes of the processing. The data is stored for a period necessary for the purpose detailed. The time period that this data is stored for is one year from the closure of an account, except if a longer period is required under French tax and criminal law.
The processing of personal data collected on the MEDIA is subject to internal measures designed to ensure its compliance with the General Data Protection Regulations, via the implementation of suitable technical and organizational measures able to conform with the security and confidentiality of the data.
Any violation of personal data that the GUESTRAVELER company is made aware of and which would be likely to engender a risk to the rights and freedoms of natural persons, is subject to a notification within 48 hours to the competent supervisory authority (Commission nationale Informatique & Libertés in France) and to the USER.
All USERS have the right to obtain confirmation from the GUESTRAVELER company as to whether the personal data about them is subject to processing. In the event of an affirmative response, the individual concerned may request access to the data subject to processing and receive a copy of the aforementioned data as well as information relating to the processing undertaken (purposes, categories of data, recipients of the data, storage periods, etc.).
All USERS have the right to request that the personal data about them is, depending on the case, rectified, completed or deleted. In certain cases, the processing of data may be subject to a limitation instead of an erasure. Any USER can, under the same conditions, request the portability of the personal data collected by the GUESTRAVELER company.
However, when information communication requests are manifestly unfounded or excessive, notably due to their repetitive nature within the meaning in article 12-5 of EU Regulation 2016/679, the data controller can refuse to follow-up on the request and/or require payment of administrative fees inherent in this request.
The data controller has a response time of one month from the date of the request’s receipt. If the request is incomplete the data controller has the right to request additional information: the time period is therefore suspended until the receipt of said information.
Finally, any USER can, at any time, whatever the motive, oppose the processing of personal data about them. In such a case, the data shall no longer be processed.
The user has the right to request the limitation of the processing of their data by the site, without the website being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which may take precedence over the interests, rights and freedoms of the user.
Any request for access, rectification, completion, portability or deletion of the USER’s personal data may be made at any time and must be sent in writing, with the requester’s contact details and a copy of an identity document, by e-mail to the following address confidentialité@guestraveler.com or by mail to the following address: GUESTRAVELER 65 avenue Aristide Briand 92160 ANTONY.
USERS maintain, under all circumstances and at any time, the right to oppose the processing of their personal data after the fact by expressing their refusal by e-mail to the above addresses, or even by using the dedicated automatic function present in each e-mail sent by the GUESTRAVELER company.
The GUESTRAVELER company informs USERS that they have the right to submit a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL), 3, place de Fontenoy, TSA 80715 – 75334 Paris Cedex 07.
ARTICLE 11 – Duration of the T&Cs and cancellation
The T&Cs are concluded for an indefinite period of time. The GUESTRAVELER company may stop a USER’s access to the MEDIA and the use of the latter, at its full discretion, at any time and without prior warning. USERS can also stop using the MEDIA at any time.
In the event that these terms of use are not adhered to or in the event of any unlawful conduct, the GUESTRAVELER company has the right to immediately and without prior warning withdraw the disputed content from the media and/or remove or suspend the USER’s personal account and take any other appropriate action against them.
The GUESTRAVELER company is not, however, bound under the French law of 21 June 2004 on the digital economy to any general obligation to monitor the information and content accessible on the media, nor to any obligation to search for facts or circumstances revealing illicit activities.
In the event that a USER or a VISITOR has knowledge of acts contrary to moral standards, or of acts inciting proselytism, racial hatred, or child pornography and, more generally, acts with unlawful connotations and of such a nature as to offend human dignity, they are required to alert the GUESTRAVELER company and provide indications allowing the company to identify the acts and/or their instigator in accordance with the terms of article 6.2 of these T&Cs.
ARTICLE 12 – Intellectual property rights
The GUESTRAVELER company (and its possible licensors) is the exclusive holder of all of the intellectual property rights relating to the MEDIA.
Subject to the adherence to these T&Cs, the use of the MEDIA is only allowed under a license under which the USERS only have a simple usage right, to the exclusion of all property rights relating to both the interface and the contents of the MEDIA. The GUESTRAVELER company accordingly grants USERS a limited, non-exclusive, non-transferable, non-assignable and free of charge license allowing them to download and install a copy of the APPLICATION on 1 (one) mobile device that the USER owns or holds as well as to execute this copy of the APPLICATION only for personal and non-commercial purposes. The GUESTRAVELER company reserves all rights relating to the MEDIA which are not expressly granted to the USERS under these T&Cs.
USERS recognize that the MEDIA are protected by copyright law, trademark law, database law and other applicable intellectual property rights. The use of the MEDIA does not grant the USER any intellectual property rights over any element of the aforementioned MEDIA, whether it is software and technical tools provided by the GUESTRAVELER company or protected elements appearing on the media (texts, images, brands, character, drawings and models, logos, databases, etc.) which remain the property of the GUESTRAVELER company.
Users agree not to remove, alter or obscure any copyright, trademark or other proprietary notices embedded in or accompanying the MEDIA.
USERS are also forbidden from reproducing, representing, disseminating, selling, modifying or conceding all or part of any of the elements in the MEDIA, in any way whatsoever, without the express and prior agreement of the GUESTRAVELER company. Any other use may give rise to prosecution.
No provision in these T&Cs authorizes USERS to: (I) copy, alter or create works derived from the MEDIA; (II) distribute, transfer, sell, concede, loan or rent the MEDIA to a third party (III) decompile or disassemble the MEDIA.
All use of the MEDIA which is not in accordance with these T&Cs shall automatically result in the immediate termination of this license and will involve a definitive ban from using the MEDIA in whatever capacity, without prejudice to the right of the GUESTRAVELER company to take legal action in the event of infringement of its intellectual property rights, in particular because of the usurpation, imitation or counterfeiting in any way whatsoever of its logo and characters.
ARTICLE 13 – Limitations on the right to use the MEDIA
The USER is solely responsible for their use of the MEDIA and tools placed at your disposal by the GUESTRAVELER company (in particular the APPLICATION and the WEBSITE). This means that the USER is solely responsible for the manner in which they use the MEDIA.
The USER is banned from using, displaying, copying or reusing the MEDIA, or any individual element of the MEDIA, the name “GUESTRAVELER” or “the GUESTRAVELER company”, the NOHÔ name or logo and its associated designs, any brand, any logo, any character, any design or any other information belonging to the GUESTRAVELER company, or the formatting and design of any page or any form contained within a page, without the express written authorization of the GUESTRAVELER company.
ARTICLE 14 – The GUESTRAVELER company’s responsibility
The GUESTRAVELER company provides the NOHÔ service with no guarantee of any nature. Notably the GUESTRAVELER company does not guarantee that the details of HOSTS listed on GUESTRAVELER are exempt from any errors. Nor is the GUESTRAVELER company responsible for the shares provided by the HOSTS listed. The GUESTRAVELER company’s role exclusively consists of placing the MEMBERS in contact with one another.
The GUESTRAVELER company only exercises an intermediary, purely technical activity.
The GUESTRAVELER company is not party to any agreement made between the MEMBERS who are acting exclusively in their own name and on their own behalf. Any agreement made between a HOST and a NOMAD is the sole responsibility of the HOST and the NOMAD.
The GUESTRAVELER company undertakes to correct any errors that may be brought to its attention by e-mail sent to the following address contact@guestraveler.com. Also, the GUESTRAVELER company undertakes to delete the details of a HOST listed on the MEDIA upon a request from them via sending an email to the following address contact@guestraveler.com or via the deletion of the account in the following way: contact@guestraveler.com.
The MEDIA may contain links to external websites. These links are provided with no guarantee. The GUESTRAVELER company is not responsible for the content of these websites. The USER assumes all the risks resulting from their use of external websites.
SUBJECT TO MANDATORY LEGAL WARRANTIES, THE MEDIA AND CONTENT ARE PROVIDED “AS IS”, WITH NO GUARANTEE OF ANY KIND, INCLUDING BUT NOT LIMITED TO GUARANTEES AS TO THE RELIABILITY OF THE CONTENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PEACEFUL ENJOYMENT OR POSSESSION.
THE GUESTRAVELER COMPANY IS NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA OR CLIENTS, INTERRUPTION OF SERVICE, COMPUTER DAMAGE OR SYSTEM FAILURES OR THE COST OF SUBSTITUTE MEDIA RESULTING FROM OR IN CONNECTION WITH THESE T&Cs OR THE USE OR INABILITY TO USE THE MEDIA, WHETHER BASED ON A GUARANTEE, CONTRACT, FRAUDULENT ACTION (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL BASIS.
IN NO CASE SHALL THE GUESTRAVELER COMPANY’S TOTAL LIABILITY RESULTING FROM OR RELATED TO THESE T&Cs OR THE USE OR INABILITY TO USE THE MEDIA EXCEED €20 (EURO).
ARTICLE 15 – Force majeure
The GUESTRAVELER company cannot be held liable in the case of the occurrence of an event of force majeure, i.e. an unforeseeable, irresistible event that is beyond the GUESTRAVELER company’s control. Any malfunction of telecommunications networks (and notably the internet) is assimilated to a case of force majeure. USERS are informed of the hazards inherent in modern telecommunications networks, notably the possibility of various and varied breakdowns. The GUESTRAVELER company cannot be held liable in this respect.
ARTICLE 16 – Feedback
Out of the company’s constant desire to improve, USERS are encouraged to send the GUESTRAVELER company their feedback, comments and suggestions, both in terms of the SHARES that they have experienced and their browsing and more generally in terms of the application and the website. USERS should send this by email via the heading contact@guestraveler.com
ARTICLE 17 – Notifications
Any notification detailed under these terms of use shall be made via email to the following address contact@guestraveler.com, this method being formally accepted by the USERS, or registered letter with acknowledgement of receipt, or by electronic registered letter.
ARTICLE 18 – Resolution of disputes
These T&Cs and any action concerning them shall be governed by French law, which under article 17 of the French law no. 2004-575 of 21 June 2004 is the law of the country of origin of the service offered by the GUESTRAVELER company, and which will prevail over any other national legislation.
Subject to mandatory legal provisions of Public Order to the contrary, any dispute relating to the present T&Cs shall fall within the exclusive jurisdiction of the materially competent Courts of NANTERRE, in particular by virtue of the place in which the contract was formed within the jurisdiction of the GUESTRAVELER company’s head office, and by virtue of the acceptance of these general terms of use, this place in which the contract was formed being characteristic of the binding link with the courts of law of NANTERRE.
Any MEMBER not resident in France or not established in France having agreed a contract on the Media, will have to demonstrate, in order to obtain from the judge the application of their own law, that the French law is less favorable than that of their country.
Prior to any legal action, and except in the case of special provisions of Public Order, any disputes that may arise in the context of the execution of these Terms of Use must be submitted to the GUESTRAVELER company’s assessment with a view to an amicable settlement either by e-mail to the following address contact@guestraveler.com, or to the head office of the company.
In the event that a claim is unsuccessful or in the absence of a response from this service within 2 months, USERS based in the European Union will have the option of submitting the dispute to a mediator by consulting the website of the Consumer Mediation Assessment and Control Commission CECMC or by connecting to the European online dispute resolution platform accessible via the following link: https://ec.europa.eu
USERS based in FRANCE will have the option of submitting the dispute to mediation by contacting the Association Nationale des Médiateurs (ANM) or by post by writing to 62, rue Tiquetonne 75002 PARIS or by email via filling in the online submission form at the following address: www.anm-conso.com
These provisions are formally accepted by the USERS of the media and services, before any registration.
ARTICLE 18 – Legal Notices
THE “NOHÔ” MOBILE APPLICATION and the WEBSITE are published by the GUESTRAVELER company, a single-shareholder company with a capital of 10,000 euros, registered on the Nanterre Trade and Company Register under the number 821 903 374 with a head office located at 65 avenue Aristide Briand 92160
Antony (France) Intracommunity VAT Number: FR 10 821 903 374.
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Publication manager: Marc Fauré
Tel.: 01 85 74 69 13
Email: contact@noho.world
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The website is hosted by the AlwaysData company, 62 rue de Tiquetonne, 75002 Paris.
The website was designed by the Imagile MH Communication company, 171 Rue d’Epron, 14200 Hérouville-Saint-Clair
