Trackstone Terms & Conditions

Dernière modification: 15th October 2024

1. Purpose

These general terms and conditions of sale apply without restriction or reservation to all services offered by the company Trackstone ("Trackstone") through its website accessible at: www.trackstone.fr (hereinafter the "Site").

The Site is a platform offering its customers (hereinafter the "Customers") services (hereinafter the "Services") described in the "Description of the Services" article of these general terms and conditions (hereinafter the "General Terms").

The purpose of these General Terms is to define the terms and conditions of use of the Services as well as the rights and obligations of the parties in this context.

They are accessible and printable at any time via a direct link at the bottom of the Site's pages.

These general terms and conditions of sale prevail over any other general or specific terms not expressly agreed to by Trackstone.

They may be supplemented, where applicable, by specific terms of use for certain Services, which supplement these general terms and, in the event of conflict, prevail over them.

2. Operator of the Site and Services, contact

The Site and the Services are operated by the company Trackstone, a société par actions simplifiée (SAS) with share capital of €1,331.26, registered with the Marseille Trade and Companies Register under number 893 431 585, with its registered office at 19 Quai de Rive Neuve, 13007 Marseille.

Trackstone can be contacted at the following details:

Postal address: 19 Quai de Rive Neuve, 13007 Marseille
Telephone: 01 84 80 74 55
Email address: contact@trackstone.fr

3. Access to the Site and Services

The Site and the Services are accessible:

  • to any natural person with full legal capacity to enter into commitments under these General Terms. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of their legal representative;

  • to any legal entity acting through a natural person with the power or authority required to contract in the name and on behalf of the legal entity.

4. Acceptance of the general terms

Acceptance of these general terms is evidenced by a checkbox in the registration form. This acceptance can only be full and unreserved. Any acceptance subject to reservation is considered null and void. A Customer who does not agree to be bound by these General Terms must not access the Site or use the Services.

5. Registration on the Site

5.1 - To use the Services, the Customer must:

  • either complete the registration form available on the Site;
  • or be registered on one of the third-party sites indicated on the Site and use their login credentials for that third-party site to register on the Site. In this case, they must provide Trackstone with any additional information requested, where applicable. The Customer expressly authorizes Trackstone to access the data of their account on the relevant third-party site.

The Customer must provide all information marked as mandatory. Any incomplete registration will not be validated.

5.2 Registration automatically results in the opening of an account in the Customer's name (hereinafter the "Account"), giving them access to a personal area (hereinafter the "Personal Area") that allows them to manage their use of the Services in a form and by the technical means that Trackstone deems most appropriate to provide said Services.

5.3 The Customer warrants that all information they provide in the registration form or through the third-party sites referred to above is accurate, up to date, and truthful, and is not misleading in any way.

5.4 They undertake to update this information in their Personal Area in the event of any changes (in particular in the event of a change of email address), so that it always meets the aforementioned criteria.

5.5 The Customer is informed of and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the Customer is binding upon them as soon as it is validated.

5.6 The Customer may access their Personal Area at any time after identifying themselves using their login and password. The Customer undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, failing which they bear full responsibility.

5.7 They are likewise responsible for maintaining the confidentiality and security of their login and password, any access to the Site using them being deemed to be carried out by the Customer. The Customer must immediately contact Trackstone at the details mentioned in article 2 hereof if they notice that their Account has been used without their knowledge. They grant Trackstone the right to take all appropriate measures in such cases.

6. Description of the Services

Before any online subscription, and pursuant in particular to the provisions of Article L111-1 of the French Consumer Code, the Customer may review the Services on the Site.

The Customer notably has access to the following Services, in a form and according to the features and technical means that Trackstone deems most appropriate:

  • Assistance in putting together the sale and purchase file, from the offer to the signing of the authenticated deed of sale of the Property
  • Listing for sale one or more properties (hereinafter the "Properties") in accordance with sale criteria previously defined by the Customers.

7. Prohibited conduct

7.1 It is strictly prohibited to use the Services for the following purposes:

  • carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
  • harming public order or violating applicable laws and regulations,
  • intruding into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, or to violate its integrity or security,
  • sending unsolicited emails and/or commercial prospecting or solicitation,
  • manipulations intended to improve the search-engine ranking of a third-party site,
  • using the Site to distribute information or links redirecting to a third-party site,
  • aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
  • and more generally any practice that diverts the Services to purposes other than those for which they were designed.

7.2 Customers are strictly prohibited from copying and/or misappropriating, for their own purposes or those of third parties, the concept, the technologies, all or part of the data, or any other element of Trackstone's Site.

7.3 The following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Trackstone's systems, (iii) any misappropriation of the Site's system resources, (iv) any action likely to impose a disproportionate load on its infrastructure, (v) any breach of the security and authentication measures, (vi) any act likely to harm the financial, commercial, or moral rights and interests of Trackstone or the users of its Site, and finally, more generally, (vii) any breach of these General Terms.

7.4 It is strictly prohibited to monetize, sell, or grant all or part of the access to the Services or the Site, as well as to the information hosted and/or shared therein.

8. Intellectual property

The systems, software, structures, infrastructure, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Trackstone within the Site are protected by all applicable intellectual property rights or database producers' rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally any act of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without Trackstone's authorization is strictly prohibited and may be subject to legal proceedings.

9. Personal data

We operate a personal data protection policy whose features are set out in the document entitled "Privacy Policy", which You are expressly invited to review on the Site.

10. Advertising

Trackstone reserves the right to insert, on any page of the Site and in any communication to Customers, any advertising or promotional messages in a form and under conditions of which Trackstone shall be the sole judge.

11. Links and third-party sites

Trackstone may under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) that the Customer may access through the Site.

Trackstone assumes no responsibility for the content, advertising, products, and/or services available on such third-party sites and mobile applications, which, it is recalled, are governed by their own terms of use.

Trackstone is also not responsible for transactions between the Customer and any advertiser, professional, or merchant (including any partners) to whom the Customer may be directed through the Site, and may under no circumstances be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, warranties, representations, and any other obligations to which these third parties are bound.

12. Mediation

We are always willing to consider an amicable solution before any legal action. In the event of legal proceedings, the dispute shall be subject to French law and to the jurisdiction of the Paris Tribunal judiciaire, or, failing that, the territorially competent French court.

In accordance with Article L. 612-1 of the French Consumer Code, consumers are entitled, within one year following an attempt to amicably resolve the dispute with Trackstone, to use free of charge the consumer mediator to which Trackstone belongs, the association MEDIMMOCONSO. To do so, the consumer may submit a request directly on the website medimmoconso.fr. The full list of registered consumer mediators is also available at https://www.economie.gouv.fr/mediation-conso/saisir-mediateur.

13. Updates

Trackstone reserves the right to modify, update, or change the Terms of Use at any time. Any modification will be communicated by any appropriate means fifteen (15) days before the entry into force of the new Terms of Use. Any browsing after this period will be subject to the new Terms of Use.

14. Entry into force

These general terms and conditions came into force on October 1, 2021.