Terms of Sales
Contents
1. GENERAL
1.1. Purpose – Scope
1.2. Modification of the T&Cs
2. SYSTEM REQUIREMENTS
3. ACCESS AND USE OF THE SOLUTION
3.1. Creating an account
3.2. Services
4. PRE-CONTRACTUAL INFORMATION
5. SUBSCRIPTION
6. PRICE
7. PAYMENT
7.1. Means of payment
7.2 Payment terms
7.3 Collection authorization
8. ACCESS CODE
9. OBLIGATIONS OF OMEDOM
10. USER OBLIGATIONS
10.1 Username and password
10.2. Guarantees
11. COMPLAINT – TERMINATION – RIGHT OF WITHDRAWAL
11.1 Complaint
11.2 Termination by the User
11.3 Termination by OMEDOM
11.4 No right of withdrawal
12. INTELLECTUAL PROPERTY
13. PERSONAL DATA
14. TRANSFERABILITY
15. GENERAL PROVISIONS
15.1 Subcontracting
15.2 Force majeure
15.3 Independence of clauses
15.4 Applicable law
15.5. Litigation, mediation and jurisdiction
1. General
1.1. Purpose – Scope
The purpose of these general conditions of sale (hereinafter “the General Terms and Conditions”) is to define the terms and conditions for making the OMEDOM asset management Solution (hereinafter “the Solution”) and its services available to users, as well as as its conditions of use.
The Solution is created, developed and operated by the simplified joint stock company
OMEDOM, with share capital of €27,458.70 registered in the Albi trade and companies register under number 895 124 949, and whose head office is located at 72 bis, Rue du Commandant Blanché 81000 ALBI (hereinafter “OMEDOM " or U.S ").
These General Terms and Conditions apply to any natural or legal person using the Solution (hereinafter “the User” or “You”).
Any access and/or use of the Solution implies acceptance and compliance with all of these General Terms and Conditions. Otherwise, you cannot use the Solution and its services.
1.2. Modification of the T&Cs
OMEDOM reserves the right to revise and modify these General Terms and Conditions without notice. A notification will inform you of this change. Your use of the Solution after this notification will constitute acceptance of these changes.
The applicable General Terms and Conditions are those accessible in the Solution and on the OMEDOM Site on the day you take out your subscription.
2. System requirements
Use of the Solution and its services requires an internet connection. This
connection is not supported by OMEDOM, it is therefore up to the User to first subscribe to an internet offer for mobile or to use a WiFi type network to be able to use the Solution and its services.
3. Access and use of the application
3.1. Creating an account
In order to access the services of the Solution and take out the corresponding subscriptions,
You must first create a User account on the Solution, by completing the registration form with the mandatory information and accepting these General Terms and Conditions.
You can also agree to receive emails relating to news about the Solution.
You are able to unsubscribe, at any time, from this newsletter by clicking on the “Unsubscribe” link accessible at the bottom of each communication.
3.2. Services
From the date of creation of your User account, You have a “discovery offer” which gives free access to all the functionalities of the Solution for a period of fifteen days, with the exception of functionalities linked to the valorization of real estate assets.
At the end of this period, You can choose to subscribe to the following subscriptions:
ESSENTIAL : Free - restricted functionalities - subscription details below.
PREMIUM : €10 including tax per month without commitment or €95 including tax per year, with commitment and tacit renewal - subscription details below.
FAMILY : €45 including tax per month, without commitment or €450 including tax per year, with commitment and tacit renewal - subscription details below.
The ESSENTIAL (Free) subscription allows you as a User access to the following features/services:
Real estate assets: 1 property
Dashboards (Residences or Rental Park)
Property configuration
Expense/income settings
Breakdown of expenses/income
Cash flow visualization
Sharing between third parties (read only or edit)
Configuring alerts and notifications
Secure data
Customer service
PREMIUM and FAMILY subscriptions (Paid) allow you, as a User, access to the following features/services:
Real estate assets: Unlimited real estate
Dashboards (Residences; Rental Stock; Real Estate Companies)
Configuration of properties / Buildings / Companies
Expense/income settings
Breakdown of expenses/income
Visualization of overall cash flow and by property, building, company
Cash flow forecast
Management of real estate companies and access to each member of the company (Manager and Partners).
Bank connection (Current accounts)
Real-time cash flow tracking
Financial assets (Savings/Investments + Outstanding loans, interest rates and outstanding capital)
Sharing between third parties
Centralization of documents
Valuation of real estate and projected DPE (houses, apartments)
Rent monitoring, sending of receipt and reminder letter by the owner to his tenant by e-mail.
For the “FAMILY” subscription: 5 PREMIUM accesses
It is specified that this is a Solution to assist in the operational monitoring of real estate and financial assets. The services offered do not in any way constitute or replace advice or an analysis of the User's financial situation.
4. Pre-contractual information
The following information is transmitted to the User prior to any subscription to the Solution:
The essential characteristics of the Solution, namely the simplification of administrative asset management;
The different subscription offers to the Solution as well as their respective prices.
OMEDOM offers three (3) subscription packages:
The ESSENTIAL (Free) package allowing the User to add, free of charge, a property to the Solution, and free of charge to manage all expenses and income on a daily basis, and share with one or more third parties. The User may freely unsubscribe and delete his account at any time.
The PREMIUM package (Paid) allowing the User to add and manage several real estate properties on the Solution, without limit on the number of properties, as well as monitoring their financial assets. The User benefits from all the functionalities detailed in chapter 3.2.
The FAMILY package (Paid) allowing the User to subscribe to a subscription for 5 accesses in a PREMIUM package.
5. Subscription
The User has the option of taking out a subscription directly on the Solution, from the User's “Account”, “Subscription” section.
For the subscription to be validated, the User must indicate a payment method.
The subscription expiry date corresponds to the date the user receives the subscription confirmation email sent by OMEDOM.
In certain cases, including non-payment, incorrect address or other problem with the User's account, OMEDOM reserves the right to block the User's subscription until the problem is resolved.
Subscription to the Solution is monthly, without commitment or annual with a 12-month commitment. When creating an account, the User benefits from fifteen days of free access, all features unlocked, with the exception of the valuation of real estate assets.
During or at the end of the fifteen days in the “Discovery Offer”, the User can decide to take the PREMIUM OR FAMILY subscription (Paid) or switch directly to the ESSENTIAL subscription (Free) with restricted functionalities.
The chosen formula, during or at the end of the fifteen days of free access, will be renewed
each month tacitly and the User may terminate at will, in accordance with the provisions of article 11.2. except in the case where the User chooses the annual subscription. In the case of the annual subscription, the User may waive the tacit renewal thirty days before the renewal of the subscription.
The User is informed that the fifteen days of free service will not be renewed.
For any questions relating to subscribing to a subscription, the User must contact OMEDOM by e-mail at contact@omedom.com.
6. Price
The price varies depending on the package chosen by the User:
ESSENTIAL package: FREE, limited to one property
PREMIUM package: €10.00 including tax per month, without commitment and without limit of assets or €95.00 including tax per year, with 12-month commitment and without limit of assets
FAMILY plan: 5 PREMIUM accesses for €45.00 including tax per month, without commitment and without limit of goods or €449.00 including tax per year, with 12-month commitment and without limit of goods
Available on Web - iOS - Android
Prices are expressed in euros and stipulated all taxes included (TTC) and excluding taxes (HT).
Offre PREMIUM | Prix TTC /mois | Prix TTC total sur l'année | Prix HT /mois | Prix HT total sur l'année |
|---|---|---|---|---|
Without engagement | 10€ | 120€ | 8.33€ | 100€ |
With 12 month commitment | 7.92€ | 95€ | 6.60€ | 79.17€ |
Offre FAMILLE | Prix TTC /mois | Prix TTC total sur l'année | Prix HT /mois | Prix HT total sur l'année |
|---|---|---|---|---|
Without engagement | 45€ | 540€ | 37.50€ | 450€ |
With 12 month commitment | 37.42€ | 449€ | 31.18€ | 374.17€ |
7. Payment
7.1. Means of payment
The means of payment accepted on the Solution is credit card.
It is specified that when the User makes a payment on the Solution in order to pay for their subscription by credit card, their bank details are neither collected nor retained by OMEDOM.
Web Access and Android Application: For any information on the processing of the banking data concerned, you can consult the PAYPLUG Privacy Policy here: https://www.payplug.com/fr/politique-de-confidentialite.
iOS application: For any information on the processing of banking data
concerned, you can consult the Apple Pay Privacy Policy:
https://www.apple.com/fr/privacy/features/#apple-pay.
The computerized records, kept in the computer systems of OMEDOM and its partners, under reasonable security conditions, will be considered as proof of communications, orders, validations and payments made between the User and OMEDOM.
7.2. Payment terms
Payment will be made in advance when subscribing to the subscription and then on the anniversary date of each month or each year.
Payment by credit card for the renewal of the subscription will be made on the anniversary date, each month, by direct debit from the payment method provided, until termination of the subscription, whether termination is due initiative of the User or that of OMEDOM, under the conditions provided for in article 11 below.
No refund (corresponding to part of the subscription period) will be accepted in the event of termination during the subscribed period, except in the case of subscription to a superior offer.
7.3. Direct debit authorization
For subscription renewals by credit card, OMEDOM and, where applicable, the designated payment provider are authorized by the User to debit the same means of payment as that used for subscribing to the initial subscription.
In the event of tacit renewal, the price in effect on the date of renewal for the subscription concerned will be fully applicable.
In the event of failure to pay for the renewal of the monthly subscription, OMEDOM reserves the right to postpone the default payment to the following month for which a double payment of the subscription will be due within 30 days from the date subscription renewal. In the event of a second payment failure, OMEDOM reserves the right to suspend or terminate the User's subscription.
In the event of failure to pay for the renewal of the annual subscription, OMEDOM will
reserves the right to postpone the defaulted payment to the following month. In the event of a second payment failure, OMEDOM reserves the right to suspend or terminate the User's subscription.
The User is responsible for any applicable fees and subscriptions purchased. In the event that OMEDOM cannot collect the amount of your subscription at the agreed due date, You remain liable for the previous due dates and OMEDOM reserves all rights and actions in this regard.
8. Obligations of Omedom
OMEDOM's commitments constitute an obligation of means at the end of which the services will be provided in strict compliance with the professional rules in use and in accordance with these General Terms and Conditions.
OMEDOM does not provide advice or asset analysis and cannot be responsible for the calculations, reports, declarations and administrative documents generated to the extent that these are based on the information communicated to OMEDOM by the User. The User is therefore solely responsible for the information he provides to OMEDOM and the documents generated by the Solution.
OMEDOM strives to offer the best possible services and cannot guarantee that these will always be available and faultless and will meet your needs and expectations.
If the need arises, We will temporarily suspend access to the Solution and its services in order to resolve the problem. OMEDOM cannot be held responsible in the event that the services of the Solution are unavailable for a certain period.
OMEDOM reserves the right to occasionally restrict access to the Solution to allow repairs, maintenance or the implementation of new services and in general, any planned or unplanned maintenance operation.
The content of the Solution is subject to change. OMEDOM reserves the right to delete, without notice and without recourse on your part, certain of its functionalities.
9. User Obligations
9.1. Username and password
The username and password that You chose when creating your User account are your own, personal and confidential. As such, You undertake not to disclose them in any form whatsoever.
The storage, use and transmission of your username and password are carried out under your entire and sole responsibility.
Any use of your username and password will be presumed to have been made or duly authorized by You.
OMEDOM cannot under any circumstances be held responsible for the harmful consequences resulting from illicit, fraudulent or abusive use of your username and password. It cannot be held responsible for access to your User account by a third party not expressly authorized by You resulting from your fault or negligence.
In the event of theft or misappropriation of your username and password, it is your responsibility to notify us immediately by email to the address: serviceclient@omedom.com.
If it is impossible to log in with your username and password, you must notify us immediately by e-mail to the following address: serviceclient@omedom.com.
You may not transfer your account to anyone without first obtaining our written permission, and you may not use or impersonate anyone else.
In the event of theft or misappropriation of your username and password, it is your responsibility to notify us immediately by email to the address: serviceclient@omedom.com.
If it is impossible to log in with your username and password, you must notify us immediately by e-mail to the following address: serviceclient@omedom.com.
You may not transfer your account to anyone without first obtaining our written permission, and you may not use or impersonate anyone else.
9.2. Guarantees
By creating a User account on the Solution and using its services, You guarantee and undertake that:
The information You provide is personal to You, is accurate and You do not use the personal information of others without authorization;
You are legally capable of entering into legal commitments;
Your personal information will be updated as necessary;
Your use of the services and the Solution complies with these General Terms and Conditions, as well as the laws and regulations in force.
If an error occurs in the Solution services, please report it to the following address: serviceclient@omedom.com.
10. Complaint - Termination - Right of withdrawal
10.1. Claim
You can send your complaints by e-mail to the following address: serviceclient@omedom.com
10.2. Termination by the User
In the case of a monthly subscription, You can cancel your monthly subscription at any time by accessing your account settings on the Solution.
Termination will be effective at the end of the current monthly period.
In the case of an annual subscription, You can cancel your annual subscription at any time before the renewal anniversary date by accessing your account settings on the Solution.
Termination will be effective at the end of the current annual period.
10.3. Termination by OMEDOM
We may suspend or terminate, without notice, your access to the Solution following fraud or a violation of laws and regulations or a failure to fulfill an obligation arising from these General Terms and Conditions including, without limitation, the impossibility of collect the amount of your subscription at the agreed due date.
10.4. No right of withdrawal
In accordance with the provisions of article L. 121-21-8 of the Consumer Code, You expressly acknowledge that the execution of the contract begins upon your subscription to a subscription and agree, consequently, not to benefit from the right of withdrawal linked to online or distance selling.
Consequently, no request for withdrawal, cancellation or refund will be admissible for the subscribed period.
11. Intellectual property
The structure and content of the Solution (tree structure, graphics, texts, logos, button icons, software, etc.) remains the exclusive property of OMEDOM.
In accordance with articles L.111-1 and L.123-1 of the intellectual property code, any reproduction, modification, adaptation, translation, commercial use, total or partial, publication, sub-licensing, transfer or sale, whatever either the means, all or part of the Solution is strictly prohibited, without express, written and prior authorization from OMEDOM.
OMEDOM grants the User a temporary license of use strictly limited to the actions necessary to consult the Solution, for the purpose of benefiting from the services offered there, to the exclusion of any other use.
The User undertakes in particular not to:
Integrate all or part of the content of the Solution into a third-party site, for commercial purposes or not;
Use any means allowing you to retrieve or index all or part of the content of the Solution, except in the case of express and prior authorization from OMEDOM;
Copy the information onto media of any kind allowing all or part of the original files to be reconstructed.
Any failure to comply with the above may result in your liability, without prejudice to our right to unilaterally terminate your subscription in accordance with the terms of article 11.3 above.
12. Personal data
The personal data thus collected are subject to processing by the Seller, who acts as data controller. This processing is carried out in strict compliance with the regulations relating to the protection of personal data and in particular the General Data Protection Regulation (GDPR).
The User is informed that, when creating his account on the Solution, personal data concerning him are collected and processed by OMEDOM.
Any refusal or opposition to the processing of this data will not allow OMEDOM to provide the services and ensure optimal use of the Solution.
The User's personal data is processed in particular for the administration and management of the services offered by the Solution.
Personal data is kept by OMEDOM for the period necessary to achieve the purposes for which they were collected, subject however to the archiving possibilities, the retention obligations provided for by law and/or regulations for certain data and /or anonymization.
In accordance with applicable regulations, the User has a right of access, rectification, erasure and opposition to the processing of their data, a right to limitation of processing and portability of data on concerning the right to withdraw consent to the processing of one's data, the right to decide the fate of one's data after one's death, as well as the right to lodge a complaint with the CNIL.
The User can exercise their rights with the OMEDOM DPO by sending a request by e-mail to the following address: dpo@omedom.com, or by sending a letter to the following address: OMEDOM/DPO - 72 bis , Rue du Commandant Blanché 81000 ALBI.
For more information on the processing operations carried out by OMEDOM as well as the User's rights over their personal data, the User is invited to consult OMEDOM's Data Protection Policy - go to the tab "Privacy Policy".
13. Transferability
The User is not authorized to transfer his rights and obligations under these General Terms and Conditions to a third party, without the prior written agreement of OMEDOM.
14. General provisions
14.1. Subcontracting
OMEDOM reserves the right to subcontract all or part of the execution of its obligations to service providers meeting the same quality and qualification requirements.
14.2. Force majeure
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and may result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three (3) months, these General Terms and Conditions may be terminated by the party injured by the non-performance.
14.3. Independence of clauses
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their validity. force and their scope and the fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
14.4. Applicable law
These General Terms and Conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
14.5. Litigation, mediation and jurisdiction
In the event of difficulties regarding the formation, validity, interpretation, execution, non-execution or termination of these General Terms and Conditions, the parties will endeavor to resolve their dispute amicably.
In the event of difficulty or complaint, the User is invited to contact OMEDOM in advance by e-mail at the following address: serviceclient@omedom.com or by sending a letter to the following address: OMEDOM/Complaints - 72 bis, Rue du Commandant Blanché 81000 ALBI.
In accordance with article L.612-1 of the Consumer Code: “Every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and a professional”.
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.
The consumer can, however, only contact the mediator on the condition of having previously made a written complaint to OMEDOM, as described above. If this step is not taken, the mediation request will be inadmissible.
In the absence of a response or satisfactory response within one year of sending the complaint to OMEDOM, the User may have their request examined by a consumer mediator, whose contact details are reproduced below:
SAS Mediation Solution
222 chemin de la sheepfold
01800 Saint Jean de Niost
Website: https://www.sasmediationsolution-conso.fr
email: contact@sasmediationsolution-conso.fr
All information on the regulations relating to consumer mediation and the terms of this mediation can be consulted here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng= FR .
Any persistent dispute between the parties will be subject to the exclusive jurisdiction of the Judicial Court of the consumer's domicile, unless mandatory rules dictate otherwise.