General Conditions of Use

THIS AGREEMENT GOVERNS THE TERMS BETWEEN YOU AND US AS THE SERVICE PROVIDER.

GENERAL CONDITIONS OF USE

Applicable from September 21, 2022

The general conditions of use described below detail the rights and obligations of the company and its client in the context of the use of the services offered on the site ola.ma and related applications. The following terms and conditions of use, together with all referenced documents (collectively, the "terms of use"), govern your access to and use of the ola.ma Site and the Applications associated therewith, including the content , features and all services offered, whether as an unregistered user or as a registered user.

The use of the Site as a registered user or not, implies unreserved acceptance of these general conditions of use, of the privacy policy described here.

The Site is accessible to adults in their country of residence. Only an adult or a legal person is authorized to use the Site.

For the purchase of service on the Site, the Advertiser must also read and accept the General Conditions of Sale, (GCS)

1 Definitions:

In these general conditions of use below called the "GCU", the terms mentioned will have the following meaning:

  • User : refers to any visitor, individual or professional, accessing the ola.ma service ,regardless of the medium used via the Website and/or the Applications made available.
  • Individual Advertiser: refers to any natural person, of legal age who acts exclusively for private purposes, established in one of the countries listed in this document and who has posted an Advertisement on the Site. All Private Advertisers must create an account on the Website in order to submit and manage their Advertisement(s).
  • Professional Advertiser: designates any legal person who places an Advertisement on the Site and/or on the Application. The legal person must carry out a commercial, industrial, craft or liberal activity on a regular basis and established in one of the countries listed in this document.
  • Advertiser: generally designates a Private Advertiser and/or Professional Advertiser.
  • Advertisementor Ads: refers to all the elements and data (textual, visual, photographs, sound, drawings, images, links), submitted by an Advertiser under his exclusive editorial responsibility, with the objective of buying, renting or selling a property on the Website ola.ma and its Applications. Advertisements might be referred to as Ad or Ads in this document.
  • Applications : designates the Ola.ma applications which can be downloaded free of charge on a telephone equipped with the Android operating system from the Google Play Store, and/or the equivalent application on iPhone, iPad or other equipped with the iOS operating system and downloadable from the App Store from the Apple company.
  • Account : refers to the free space that any Advertiser must create on the Website ola.ma or on the Applications. The Advertiser must connect from the Website and/or from the Application, in order to manage, update, modify, view or publish their advertisements, subscribe to one or more paid option(s).
  • User : designates any visitor, having access to the ola.ma service from the various media.
  • Client: designates a User and/or an Advertiser.
  • Customer service : designates the Exins service from which the Advertiser can obtain any additional information for the creation of his account or the use of the service. This service is accessible by e-mail at the address: support@ola.ma
  • Service ola.ma: refers to all the services made available to Users and/or Advertisers on the Website and the Applications. The use of the Website and the Applications is described in our General Conditions of Use (GCU).
  • Site: website ola.ma and/or associated Applications.
  • Package: A package designates a set of features for the advertisement to be published by the user at a predefined price. The flat rate can be applied to the purchase of a single listing (Unique Flat Rate) with a predefined duration or the purchase of a set of ads with a monthly payment (Monthly Packagessometimes referred to as Monthly Plan).
  • Option: An option is a paid service allowing to highlight an Ad. The options are described in the chapter Packages and Options and also detailed here:Options
  • GCS : designates the General Conditions of Sale
  • GCU: designates these General Conditions of Use.
  • Social Networks: in the context of these GCU, Social Networks means online applications such as Google, Facebook and LinkedIN.
  • Exins (Us, We, The Company): refers to the company Exins Osauhing, publisher and operator of the Website and the Applications, with a capital of 10,000 euros, registered in the Trade and Companies Register of Tallinn/Estonia under number 16576601, whose registered office is located at Lasnamäe tn 4a- 20, Tallinn 11412, Estonia. Intra-community VAT number: EE102540439
  • Partner sites: The following sites are considered as partner sites: Unbien.fr, FranceResidence.fr EtreLoger.frBienDeFrance.fr all.immounbien.promonbien.pro

2: Purpose

The purpose of these General Conditions of Use (GCU) is to specify the conditions of use and access to the Site (https://ola.ma), its mobile Applications and the Services made available to Users as well as Advertisers.

Any Advertiser declares to have read these General Conditions of Sales (GCS) and expressly accepts the terms before registering and/or posting an ad.

Users and Advertisers undertake to comply scrupulously and in full with these GCU.

3: Services

The Website offers the services below, this list is not exhaustive and may be modified by the Company at any time and without notice.

  • Account Creation:

Individuals and companies can create their account by going to the Site, under register. The information required is different for individuals and businesses. In the case of a company, registration can only be done by a person authorized to represent the company.. The creation of an account is mandatory to access the services offered and to post one or more Ads. Businesses are required to enter the Company Name as specified in the national business register of their country of incorporation. The creation of an account is not mandatory to visit the site and browse the Ads of all categories. An individual can create his account from the following social networks:

    • Google
    • Facebook
    • LinkedIn

When a user creates an account from his "Social Networks" account, the Company receives the data necessary to create the account (Name, First name, email address).

  • Posting an Ad: The Advertiser can post an Ad by clicking Post an Ad" or Add Listing on the main page. The information required depends on the category of the Ad. All Ads will be reviewed by the Company before being published on the Site. Companies are required to enter the Company Name as specified in the national registry of companies.
  • Manage their Account: The Advertiser has access to all the information shared with the site. The Advertiser can correct or modify all information except for the email address and the country for Individuals and the Company name, email address and country for Companies.
    Individual can create and manage his account using his Social Networks account. If he created his account in this way. It is strongly recommended to secure his/her Social Network account (see our page Securing your account).
  • Access to paid services: from the personal space or when publishing an Ad, the Advertiser can buy packages and additional options for advertisements or can pay an amount for a single Advertisement in accordance with the Terms of the Site.
  • Connect/Messaging: A User can connect with an Advertiser from the page of the Ads of interest. For the connection between Users and Advertisers, the User is required to create an account in order to request details about an Advertisement. A messaging service allows you to request details from the owner of the Advertisement. It is strongly recommended that you be vigilant about the information exchanged when using this service. If in doubt, contact-us immediately and follow our security guidelines.
  • Abuse: A User or Advertiser may report abuse of a posted Ad. An account is required to be able to report an abuse.
  • Online purchase: (escrow service) For some categories we offer the possibility of acting as an intermediary for the transaction. The buyer pays for the product online with a commission. The funds are kept by the Company until confirmation of the transaction. The funds are then transferred to the seller's bank account (less the commission).

4: Details of services:

  • Access, Creation and use of an account on the Site:

Users and Advertisers can create an account for free by going to the main page, section register. All information entered on the site must be accurate and in good faith. The Company reserves the right to delete an account if it is deemed incorrect or incomplete. Identity theft is punishable by law with different severities based on your country of residence. Users and Advertisers undertake not to use false identities or an incomplete identity which could harm others or other Users of the Site.

Advertisers and Users must create one and only one Account. Any duplication may lead to the deletion of one of the accounts or both for non respect of the current GCU.

The information requested is different depending on whether you are registering as an individual or a company. For businesses, we reserve the right to validate the registration number in the business directory (SIREN, BCO, KBO or other).
Once an account is registered, the User or Advertiser receives an email to confirm their email address. After validation of the email, access to the account will be granted. Users or Advertisers registering using a 'Social Network' will not need to confirm their email address.

When creating an account, you will be asked for a password.
A User or Advertiser must connect with the email address used during registration or connect by clicking on the social network used during registration.

The Site also allows the use of messaging to exchange with a Buyer or an Advertiser. You can only access this messaging if you are logged into your account.

You have full responsibility for the use of the account created. You agree to use a secure password and to ensure its confidentiality. We strongly recommend using a password of at least 12 characters with a mix of numbers, letters (upper and lower case) and at least 2 special characters.
User and Advertiser are responsible for taking action against any person or third party who has accessed their account. The Company disclaims all liabilities in the event that a third party is in possession of the password of a User and/or Advertiser.

By choosing access via Social Networks, the User or Advertiser of the Site authorizes the Company to access personal data from the third-party service provider. The information collected allows the Company to register you as a user on the Site. The information collected is the same as that used when creating an account with an email address.

It is important to note that some Social Networks use personal data for advertising purposes. It is therefore important to take the necessary confidentiality measures and to check the data use policies of the third-party services used. For information:

It is strictly forbidden to insert or add external links in the Ads. We implement security systems to delete them if necessary. However, if a site were to contain an external link, it is strongly recommended not to click on it or to verify its authenticity before connecting to it. The Company accepts no responsibility for these external sites.

In some cases, the Company may create Sponsored Links to Partner Sites. These links are approved by the Company but the User and/or Advertiser are informed that these sites have their own privacy policies and terms of use. The Company accepts no responsibility for these external sites.

  • Publishing an Ad:

This is done in two phases. The creation of the Ad by the Advertiser, via the forms provided on the Site, who then submit it.. This is then accepted or refused by the Company. If the Ad is accepted, it will then be immediately visible on the Site. If the Ad is refused, the Advertiser receives a notification and must update it to make it compliant with the terms of the Site.

The creation of an Ad is done from the main page, button Publish an ad or Add Listing. The Advertiser must complete the form with as much clarity and details as possible. Each category or subcategory has its form with different required information. It is imperative to select the right category and subcategory so that the Ad can be found when a User searches the Site.

When submitting an Ad, the phone number and email are pre-filled with your information used during registration. Once the title, description and other information has been entered, the Advertiser must add at least one photo. The Company requires a photo in order to make the advertisements more visible. If you offer a service, we recommend that you put an image that represents the service in question, your company logo or other visual that facilitates the identification of the service. (Logo is only allowed for the Employment and Service categories).

When submitting, you can click on the hide button at the bottom of the page so that your phone number is not visible. Users will then only be able to reach you through other options on the site such as messaging.

Once your ad is ready, you have the option of choosing a free submission if you are an individual or a paid distribution with different options if you are an individual or a professional. Professionals will be able to use a previously purchased package (see details on Monthly Packages).

You will be limited to 5 Images during the submission but by choosing an option allowing a greater number of photos/images you will be able to add them from your personal space.

Editing and updating an Ads is free on ola.ma.

Special cases: The Advertiser has the obligation to obtain information and/or to be advised on the sale of animals in his country of residence or country of destination. The sale of animals is regulated in certain countries and in particular in the European Union. If you are resident in some European countries, you have the obligation to create a professional account in the context of the transfer of Animals for consideration. You are responsible for checking the applicable legislation in the matter in your country of residence or the country where the sale takes place.
The Advertiser has the obligation to check the legislation in force in the case of rental, for short or long periods, of real estate.
The Advertiser has the obligation to check whether there are legal obligations for the category or sub-category in which he publishes his Advertisement. For example, in some countries, vacation rentals must mention the language(s) spoken, the destination, the accommodation capacity and the services included.

  • Cancellation:

When goods or services are offered by a professional, as a consumer, you have a right of withdrawal, allowing you to reconsider your commitments, within fourteen clear days, which runs from the day after receipt of the goods for sales of goods and from the day after acceptance of the offer in the case of services.

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the supply of digital content not supplied on a material medium, the execution of which began after express prior consent of the consumer and express waiver of his right of withdrawal.

Given the nature of the services offered on the Site (ola.ma) , orders placed by Advertisers will be final. Monthly Packages orders can be canceled at any time from the personal space. The cancellation will be effective on the anniversary date of the subscription (Monthly Package). If, for example, you signed up for a plan on January 15 and end it on November 20, the Ads will remain live until December 15. Throughout that period you have the possibility to modify the ads online at no additional cost, to add ads as part of the package.

A Unique Flat Rate is active immediately and therefore cannot be canceled.

5: Packages and Options:

  • Packages:

Individuals and professionals can buy packages per Ad allowing them to publish with more photos or with upload options or the so-called premium option.
Professionals have the possibility of purchasing Packages allowing the publishing of several Ads in the same Package. The use of a multi-ad package allows you to publish a predefined number of ads. In the same package, the Advertiser can delete an ad and add another completely free of charge, but may not exceed the maximum number of ads stipulated in the purchased package.

Any subscription to one or more Packages by an Advertiser implies full acceptance of the current GTC. (General Conditions of Sale).

Each Monthly Package has a maximum number of Ads that can be published within the framework of the package and a maximum number of uploadable photos/images per advertisement. A Professional Advertiser can only order packages in its own category.

You can order one or more Monthly Packages before posting an ad. At the end of the publishing process, the different packages you have will appear and allow you to choose the one to which you want to attach the advertisement. This announcement will then take the specifications of the chosen package (example: number of images/photo, etc.). A Professional Advertiser can also advertise using the Single Package option, but cannot use a free option.

All Monthly Plans will be debited monthly on the same day or the day after you placed the first order. In the case of orders for several packages, you will be billed separately for each package.

  • Options:

There are several options available that can be added to already published ads. The examples are described in this link. There are three types of options:

  • Logos orbanner
    • URGENT: to be used when the seller needs to sell a product urgently. Cannot be used as part of the Service.
    • PRESTIGE: reserved for the real estate category. To be used for prestigious real estate.
    • EXCLUSIVE: reserved for the real estate category. To be used only by professionals who have signed an exclusive agreement with the owner.
    • NEW: Can be used by all new products
    • INVESTOR: Can be used in the Real Estate and Services category in the context of investment by professionals. (example Purchase of company, equipment),
    • UNIQUE: Can be used within the real estate category (Such as castle, or residence of luxury) or in the Fashion category.
    • OFF-PLAN: For properties not completed and sold off-plan. Can be used in the Real Estate Category

The color of the logo or banner are defined by the Company and may be modified without notice.

  • Up the List
    Make an Ads appear up the list of Ads, as if it was just published giving it a much higher visibility. The increase will be effective as soon as the purchase of the option is finalized.

    • Up the list every day for a week.
    • Up the list every day for two weeks.
    • Up the list every 3 days for two weeks.
    • Up the list every week for a month.
    • Up the list every week for two months.

The lift will be effective for the duration mentioned but may end at the end of the duration of the Ad.

If an option is attached to an Ad which is under a Monthly Package, the option will then be valid for the duration specified above in the option

If an Advertiser deletes an Ad, all the options attached to this Ad will be lost and no refund can be made or requested.

  • Premium Carousel

With the option, PREMIUM Carousel you can add your Ad in the Carousel located on the first page. Ads in the carousel appear on the Main Page in horizontal scroll mode.

Users will see Premium Listings that are around the nearest town. Ads in the Carousel appear randomly when accessing the site. When you publish an ad with the "Premium Carousel" option, for a property at another address, it is possible that you will not see the Ad on the site. However, it will be visible to Visitors near the address where the property or object is located.

6 Publication on the Site

As a general rule, the Ads appear according to the reverse order of the publications date (date of creation). The most recent posts appear first. However, if an Advertiser purchases an Up the list option as specified in the 'Packages and Options' chapter, this Ad may appear before another more recent advertisement in view of their creation date.

7: Report and Deletion of Advertisement:

Report an Advertisement: A User and an Advertiser can report an Ad if judged that it is not in conformity or if an error occurred. Several categories for reporting an Ad:

    • Fraud: An Ad aimed at selling or delivering fraudulent products or services contrary to the laws in force in the country where the Ad is posted.
    • Duplicate: The same As shown more than once by the same Advertiser for exactly the same product.
    • Wrong Category: the Ad seems legitimate but is not in the right category or subcategory.
    • Junk: An unauthorized advertisement on the site even if it seems legal.
    • Other: Specify why the Ad should be removed.

Reporting an Ad can be done on the Ad page, by clicking on the flag at the bottom of the Ad. Any Ad brought to the attention of the Company and not complying with the terms (GCU) will be suspended or deleted from the Site. The Company reserves the right to suspend a user posting ads that do not comply with the T&Cs.

Deletion of Ad(s) or content:

The Advertiser may suspend or Delete an Ad from his personal space.

If the Advertiser has purchased a paid option or a Package and decides to delete his/her Ad(s), no refund can be accepted.

The Company may delete an Advertisement if it does not comply with the obligations specified in these General Conditions of Use. If an Ad is deleted by the Company for non-compliance with the terms(GC), or if the Ad is considered Illegal, no refund will be accepted or made.

The Company reserves the right to withdraw the content or the Ads that a User or the Company has identified as being illegal or manifestly illegal in accordance with the law for confidence in the digital economy in force in the country of dissemination. (Example law of June 21, 2004 in France or Digital Act).

The Company will study and may, at the official request of the authorities of a European country or one of the countries listed in these ter) provide information relating to an Advertiser (IP address, time of connection, or any other information requested).

8: Rights / Obligations:

Rights and Obligations: The Advertiser assumes responsibility for the content it publishes. The Advertiser warrants that the Ad/Adss do not violate any law in its country of residence or in the country in which the product or service is sold. The Advertiser expressly declares to be the owner of the rights or having obtained the necessary rights and authorizations for any element and content published on the Site (document, information, text, images, photos, videos or any other digital content). These rights and authorizations must cover all legal aspects, including intellectual property.

The Advertiser undertakes not to publish any information or personal data, any abusive, slanderous, defamatory or harmful message with regard to third parties, natural or legal persons, the Company or the Site. The Advertiser agrees to indemnify the company for all liability that may be held against it in the event of non-compliance with one or more parts provided for in these General Conditions of Use (GCU).

The Company is not responsible for any comments posted about any Ad(s) posted by the Advertiser. The Company can never be held responsible for the use of an Ad by a User or the content of the comments.

The Advertiser undertakes to publish very clear and unambiguous advertisements, presenting no false information or incomplete information or content that may mislead the User.

The Ads must be in the official language of the country of residence.

If the category or subcategory does not exist, you can contact us and we will study the possibility of adding it. In order to best protect our Users, dating ads are not permitted on the site.

In addition to the cases stipulated in the chapter, 'Product and/or Service not authorized on the Site' The Company may delete an Account or an Ad in the following cases:

    • You have registered as an Individual while your activity on the Site is judged as a professional activity.
    • Duplicate Ads (identical). You cannot post multiple ads for the same product or service. The title, description and photos must be different for each Listing.
    • Wrong category or subcategory: You will be asked to put the Ad in the right category under risk of deletion within 24 hours following the publication
    • Unauthorized Product or Service on the Site
    • Product Site whose title and description have no relation with the content or photos published.
    • Failure to comply with the T&Cs, General Conditions of Use, General Conditions of Sales. (GCU, GCS)
    • Non-compliant photos: cannot contain
      • Just a single Logo (except Service and Employment categories)
      • An identifiable person. (Adult or Minor)
      • Link to a site other than ola.ma
      • Nudity, Pornography, violence
      • Contact such as phone number, email inside the title or the description
      • A photo that is not related to the product or service.
    • Other reasons deemed unacceptable on the Site.
    • Request from legal authorities.

The Intellectual Property Code in the majority of countries punishes all acts of infringement and may also be subject to imprisonment and fines in the country of residence.

The misappropriation of protected emblems (the sign of the Red Cross, the Red crescent, United Nations, the white flag of truce, etc.) and their name and/or their illegal use or abusive use are serious acts punishable by international humanitarian laws, and in particular the Geneva Conventions of August 12, 1949, as well as the laws of the country of residence.

The Company will study and may, at the official request of the authorities of a European country or one of the countries listed in this document, provide information relating to an Advertiser (IP address, time of connection, or any other information requested).

Individuals and professionals are required to declare any income generated by the sale of products or services on the Site, in accordance with the legislation in force in their country of residence.

9 Rights of use:

The Advertiser grants the Company the right to publish on the internet, on its website(s) or on other so-called partner sites, all of the published content. For technical reasons, the company may have to modify the quality of the images, photos or videos.

The Advertiser authorizes the Company to distribute the content published on Social Networks of any type, without financial compensation. The Advertiser grants the Company the right to use or reuse all or part of the published content, to modify, translate or adapt it, to complete and reproduce it or to create one or more other content derived from the one published.

Advertiser grants Company a non-exclusive, worldwide license to all Published Content and derivative content free of charge. This license is transferable to the Company's partners.

The Advertiser expressly accepts that the content of its Ad(s) can be accessed by the Users, but also that it be reproduced and/or modified by the Users of the Site. This content may also appear on other sites or Social Networks. The Advertiser accepts that its Ad(s) may be the subject of online comments directly on the Site or on other sites or Social Networks. The Company is not responsible for the exploitation of the content of the Ads by the Users nor for the content of the comments published.

10 Products and/or Services not authorized on the Site

    • Firearms, bladed combat or self-defense weapons, explosives, hunting traps.
    • All dangerous and illicit substances, tobacco, drugs and associated products and objects.
    • Content reserved for adults (nudity, pornography, or other)
    • Call for financial donations of all types (for humanitarian or private purposes)
    • Financial products and services, Investment or trading products or platforms. (with the exception of real estate investments.)
    • Counterfeit products, products bearing protected logos or images, or products enabling counterfeiting.
    • Pharmaceuticals, medicines, cosmetics, diet products, dietary supplements.
    • Perishable products.
    • Missing person or wanted notice.
    • The sale of certain animals is also prohibited, check the legislation in force in your country.

11 Updates and changes to the Site

The Company reserves the right to modify or withdraw the website and the services offered, suspend certain products or functionalities without notice and at our sole discretion. The Company shall not be liable if, for any reason whatsoever, all or part of the Site is unavailable for any length of time.

12 Changes to the Terms of Use

The Company reserves the right, at its sole discretion, to modify and update these Terms of Use as it deems necessary. All changes are effective when posted on the Site and apply to all access to and use of the Site. Any use of the Site after the publication of the revised terms of use constitutes acceptance and consent to them.

13 Intellectual property

The Site, its functionalities and its characteristics as well as all of its content, texts, images, video and other digital elements are the property of the Company, its partners, or suppliers of this material, and are protected by the laws, international copyright laws, as well as trademarks, patents and trade secrets and other intellectual property or proprietary rights.

Any total or partial reproduction of the Site will be considered, by the Company, as a violation of intellectual property rights.

14 Closing of account, termination and complaint:

An Advertiser may delete his account at any time by going to his personal space, by clicking on the Delete my account menu. You will be prompted for confirmation of the deletion action.

The Company reserves the right to retain the data collected during registration, advertisement distribution and during the performance of other services on the Website for a period of five years. This duration makes it possible to cover the duration of the prescription of the applicable contractual civil liability. This data will be saved on the Company's servers during this period but will be accessible only by The Companys Data Protection Officer if required..

The Company may at any time close or suspend an account that does not comply with the T&Cs.

Any complaint can be addressed to: support@ola.ma.

15 Countries

Advertisers from the following countries can use the platform and publish Ads after their registration and acceptance on the Site: Andorra, Belgium, France, Luxembourg, Madagascar, Morocco, Martinique, Monaco, Senegal, Switzerland, Tunisia.

15 Data hosting

    • Data for all of our services is hosted by Amazon Web Services, Inc.
    • All the data is stored in the Data Center in France. (PARIS)
    • A backup copy is located in Germany in the Frankfurt Data Center.
    • Address: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210,
    • Attention: AWS Legal

You can also check the Online Dispute Resolution for EU Purchases (Online Service) at the following web site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

You can contact us by email to exercise your rights to access, modify and delete data concerning you on the Site. Email: info@ola.ma