Nomador Terms of Service
General - Overview and Scope of Services
1.1 The "Nomador" platform is a listing and profile site (hereinafter "Nomador Platform" or "Platform"), operated under the domain name www.nomador.com by Ferrari RH, a simplified joint stock company with share capital of ten thousand euros (€10,000), registered in the Paris Trade and Companies Register under number 512,042,615 and headquartered at 41, rue de Richelieu, 75001 - Paris, France (hereinafter "Ferrari RH").
1.2 The Nomador Platform is a platform for connecting individuals, allowing users ("Users") to post, offer, search for, and book pet-sitting services ("Pet-sitting") in exchange for the supply of accommodations ("House-sitting").
1.3 Users who offer to supply their accommodations and who seek a pet-sitting service in return are "Owners". The Users looking for accommodations and offering a Pet-sitting service in return are "House-sitters". Owners and House-sitters are referred to interchangeably and collectively as the "Members" or individually as the "Member".
1.4 Users must be adults with full legal capacity in accordance with the laws of the country in which they reside in order to use the Nomador Platform, which facilitates the matching of Owners and House-sitters.
1.5 The Platform is accessible by any User via the web page www.nomador.com or on the Nomador application available free of charge on the App Store for download on the iOS operating system and on Google Play for download on the Android operating system.
1.6 These general terms of service (hereinafter the "General Terms") constitute a legally binding contract between Ferrari RH as party of the first part and the Members as party of the second part.
2.1 To post a listing, the User must register on the Nomador platform and become a Member.
2.2 Once these fields have been completed, the User is prompted to choose between a free plan and a paid plan. Users are hereby advised that the "Start for free" and "Subscribe" buttons allow them to register for free. A paid subscription may be purchased according to the terms of article 3 below.
2.3 To finalize their registration, the User must accept the General Terms of the Platform and confirm their registration by clicking either the "Start for free" or "Subscribe" button. The User will receive a confirmation email containing a confirmation code and a hyperlink to validate their email address directly on the Platform.
3. Price, payment and billing
3.1 Free Registration
3.1.1 Registration on the Nomador Platform is free for all Users.
3.1.2 This registration includes the following features:
• Search and viewing of House-sitting listings;
• Creation of a House-sitter profile;
• Access to the site's internal messaging service;
• Creation of email alerts to be notified when new stays are posted;
• Sending and receiving of an evaluation at the end of a stay.
3.2 Common Provisions for Paid Plans
3.2.1 All Members who have registered in accordance with article 2 above have the op-tion to subscribe to a paid plan from their personal space on the Nomador Platform by clicking the "My subscription" tab accessible via the profile icon at the top right of the home page. To subscribe to a paid plan, Members must select a plan from the following: Starter Plan, Standard Plan, or Premium Plan, described below. Members also choose the currency and duration of their subscription before clicking the "Continue" button and proceeding to the online payment of the corresponding price.
3.2.2 Members are notified that payment in full, via credit card, is due at the time of online subscription to a paid plan and that there is no provision for credit, deferred payment, or installment payments.
3.2.3 Paid plans are, automatically and without obligation, renewed on the date established according to the chosen plan in accordance with articles 4.3 et seq.
3.2.4 Members are advised that the automatic renewal will be charged to the same pay-ment method used at the time of the initial subscription.
3.2.5 Members have the option to cancel the renewal at any time by clicking the "My subscription" tab accessible via the profile icon at the top right of the home page of their personal space on the Platform.
3.2.6 Members may request a full refund of the renewal within 14 days of payment, provided that they have not used any of the paid features listed in articles 3.3 et seq. between the subscription's renewal and the request for a refund.
3.2.7 Members are asked to submit their refund request via the contact form available on the www.nomador.com website or by email to email@example.com.
3.2.8 Refund requests are processed within a period of twenty-four (24) to forty-eight (48) hours from the receipt of the request by the Platform's customer service.
3.2.9 The full refund will be credited to the bank account associated with the payment method used at the time of the initial subscription within five (5) to ten (10) business days after the Platform's customer service has processed the refund, in addition to any bank servicing times, which may vary depending on the Member's banking institution.
3.3 Discovery Plan
3.3.1 The Discovery Plan is a subscription with a chosen duration of three (3) months or one (1) year.
3.3.2 The cost of the Discovery Plan for a duration of three (3) months is twenty-nine euros (€29) including tax. The cost of the Discovery Plan for a duration of one (1) year is seventy-nine euros (€79) including tax.
3.3.3 The Discovery Plan allows House-sitters to apply for an unlimited number of stays posted by Owners and allows Owners to post an unlimited number of listings.
3.4 Standard Plan
3.4.1 The Standard Plan is a subscription with a duration of one (1) year.
3.4.2 The cost of the Discovery Plan is one hundred thirty-nine euros (€139) including tax.
3.4.3 The Standard Plan offers Members the features included in the Discovery Plan.
3.4.4 In addition, Members have access to:
• A support team to assist them in creating their profile and writing their ap-plication (in addition to the standard 24/7 customer service);
• A standard trip cancellation reimbursement service, the terms of which are detailed on this page.
3.4.5 Additionally, the Standard Plan offers House-sitters:
• A higher ranking for their profile in the search results shown to Owners;
• Access to exclusive partner offers and discounts.
3.4.6 Finally, the Standard Plan offers Owners:
• The ability to contact House-sitters directly without the need to post a listing;
• The ability to post an urgent listing with special highlighting in the search results shown to House-sitters.
3.5 Premium Plan
3.5.1 The Premium Plan is a subscription with a duration of one (1) year.
3.5.2 The cost of the Premium Plan is one hundred seventy-nine euros (€179) including tax.
3.5.3 The Premium Plan offers Members the features included in the Discovery Plan and Standard Plan.
3.5.4 In addition, Members have access to:
• The Nomador Premium Club (includes a premium badge displayed in their profile and early access to the new site features);
• A premium trip cancellation reimbursement service, the terms of which are detailed on this page.
3.5.5 Additionally, the Premium Plan offers House-sitters:
• Twenty-four (24) hours of early access to "Premium Stays" (stays posted by Premium Plan Owners who opt to receive priority applications from Premium Plan House-sitters).
3.5.7 Finally, the Premium Plan offers Owners:
• The possibility of offering stays to Premium Plan House-sitters with twenty-four (24) hour early access.
4. Members obligations
4.1 Shared Obligations
4.1.1 Members are required to read, accept, and comply with these General Terms of Service.
4.1.2 Members agree to respond to communications and requests from other Members within a reasonable time, ideally within two (2) to seven (7) days.
4.1.3 Members agree to use the Platform only for domestic and private purposes, excluding any use in connection with a company, group, association, or any other organization or for promotional and/or commercial purposes.
4.1.4 Members must not commit any offenses and must follow all applicable laws and regulations.
4.1.5 Any breach of the General Terms of Service by a Member resulting in a claim to Ferrari RH for compensation for damage resulting from this breach must be reimbursed in full by said Member.
4.1.6 Members agree not to offer or solicit prostitution services or participate in or facilitate human trafficking.
4.2 Owner Obligations
4.2.1 Owners agree to fulfill their obligations under the contract formed with the House-sitter (provision of accommodations for a fixed time period).
4.2.2 Owners agree to precisely and accurately describe the accommodations being made available (postal address, number of rooms, access to the outside, joint ownership, etc.).
4.2.3 Owners agree to precisely and accurately describe the expected pet-sitting service (i.e., type of animals being cared for, care arrangements, type of food, whether or not food will be made available to the sitter, rules for taking the pet on outings, and the tasks to be performed during the stay).
4.2.4 Owners are advised that it is their responsibility to specify in writing, in their listings, all the terms and conditions related to caring for the provided accommodations and the pet (cleaning, no parties, no smoking, caring for plants, pet feeding, pet grooming, etc.).
4.2.5 Owners are required to provide House-sitters with clean, safe, and well-maintained accommodations.
4.2.6 Owners are solely responsible for vaccinating their own pets and agree to notify House-sitters about any medical issues their pets may have.
4.2.7 Owners must provide adequate arrangements for their pets' veterinary care to House-sitters (pet insurance, contact information of a veterinarian in case of emer-gency, etc.).
4.2.8 In addition, owners must give House-sitters written permission to obtain veterinary care for pets in their care if they cannot be reached.
4.2.9 Owners are advised that they are and shall remain solely responsible for any veterinary treatment or care that their pets may require, including any costs and expenses incurred by House-sitters in connection with such treatment or care.
4.2.10 Owners agree not to have pets that are not explicitly listed in the details of the accommodations listing posted on the Platform.
4.2.11 Owners are required to inform House-sitters of the existence and purpose of any image and video capture device inside or outside the provided accommodations.
4.2.12 Owners acknowledge that it is strictly forbidden, at the risk of seriously violating the privacy of the person whose image is captured, to place an active camera or to record the most private areas of the accommodations (i.e., bathroom, toilet, and bedroom).
4.2.13 Owners guarantee to have a home insurance covering the House-sitter's stay at their home.
4.2.14 Owners are required not to offer hosting services that violate any laws or contracts that apply to them.
4.3 House-sitter Obligations
4.3.1 House-sitters agree to fulfill their obligations under the contract formed with the Owner (pet care for a fixed time period).
4.3.2 In particular, House-sitters agree to comply with and carry out all requests and instructions stipulated by the Owner in the listing posted on the Platform or in any other written document sent to them by the Owner.
4.3.3 House-sitters are required not to charge for any Pet-sitting services they perform.
4.3.4 House-sitters agree to care for pets for which they are pet-sitting. Any behavior that may be associated with, linked to, or resemble animal abuse is strictly prohibited.
4.3.5 House-sitters agree to contact the Owner immediately if the pet in their care requires veterinary care.
4.3.6 House-sitters agree to obtain permission from the Owners before taking pets in their care to the veterinarian, as well as to cover all associated expenses. If the Owner cannot be reached, the House-sitter agrees to contact the veterinarian whose details have been provided by the Owner and to request appropriate treatment.
4.3.7 House-sitters agree to pay upfront for any associated veterinary expenses. These expenses will be reimbursed by the Owner, upon presentation of an invoice, within a reasonable period not to exceed fifteen (15) days.
4.3.8 House-sitters guarantee that the pets in their care will remain inside the accommodations provided to them, unless otherwise instructed by the Owner.
4.3.9 House-sitters agree to treat the places made available to them with care.
4.3.10 House-sitters agree not to hold or facilitate unauthorized parties or events within the accommodations provided by the Owner.
4.3.11 House-sitters agree not to invite any third party to the provided accommodations without the express permission of the Owner.
4.3.12 House-sitters are required to take out any necessary insurance to cover their travel and medical expenses.
5. Reviews and ratings
5.1 After each stay, Members have the option to give each other a rating as well as a written review.
5.2 Members are evaluated based on four (4) criteria, each of which is rated on a scale ranging from one (1) to five (5) stars.
5.3 The following are the four (4) criteria used for rating House-sitters:
• Easy and ongoing communication with the Owner;
• Cleanliness and compliance with instructions;
• Care for pets.
5.4 The following are the four (4) criteria used for rating Owners:
• Easy and ongoing communication with the House-sitter;
• Cleanliness of the accommodations;
• Comfort of the accommodations;
• Pet friendliness.
5.5 These four (4) scores are averaged to obtain a final rating between one (1) and five (5) stars.
5.6 Ferrari RH then assigns badges reflecting the top qualities of the Members based on their ratings and reviews.
5.7 The purpose of this rating system is to ensure that Members take responsibility and create an environment of respect and trust.
5.8 Members agree to leave other Members authentic reviews that sincerely reflect the quality of the provided service or accommodations.
5.9 When a Member receives a rating or review that they feel is illegitimate or abusive, they should contact Ferrari HR immediately at firstname.lastname@example.org.
6. Legal status and consequences
6.1 The Nomador Platform is a site for listings and profiles. It acts exclusively as a technical intermediary for connecting hosted Members.
6.2 Therefore, and in accordance with French law no. 2004-575 of June 21, 2004, on Trust in the Digital Economy ("LCEN Law"), Ferrari RH serves as host for an online public communication service and is not, as such, subject to any general obligation to monitor the content published and hosted on its Platform.
6.3 In any event, Members are asked to report any illegal content, potential abuse, or violation of their rights or these terms and conditions found on the Nomador Platform to Ferrari RH by email to email@example.com.
7.1 Liability for Content
7.1.1 Ferrari RH is not responsible for the content of the listings hosted on the Platform at the initiative and under the responsibility of the Members.
7.1.2 Accordingly, Ferrari RH cannot be held liable in the event of a dispute relating to the content of information provided by Members on the Platform (e.g., text, image, photographs, or logo) until it has been notified of the disputed content found on its Platform in accordance with article 6.3 above.
7.1.3 Members are advised that photographs and images accompanying any listings post-ed by Members are not contractual and that Ferrari RH cannot be held liable in the event that a photograph or image does not reflect the reality of the provided accommodations or the Pet-sitting service.
7.2 Liability for Contracts between Members
7.2.1 As soon as they freely agree on the provision of accommodations in exchange for a Pet-sitting service based on listings posted on the Platform, Members are advised that they have entered into a contract with one another and that Ferrari RH is not a party to said contract. In other words, the Owner and the House-sitter are parties to a contract under which Ferrari RH is a third party.
7.2.2 Therefore, any dispute between Members resulting from the improper execution or non-performance of the contract between them is not the responsibility of Ferrari RH. If the Member fails to fulfill an obligation to another Member under the terms of a contract, only the responsible party can be held liable.
7.2.3 Thus, Members are solely responsible for any direct or indirect, material or immaterial damage or injury caused to each other, to Ferrari RH, or to any third party during the performance of the contract between them.
7.2.4 Consequently, and unless Ferrari RH provides proof of a fault committed in accordance with the legal provisions in force, Ferrari RH disclaims all liability related to the selection of an Owner or a co-contracting House-sitter, the proper performance or result of a service, the representation of a House-sitter, the quality of the service rendered, and more generally, any conflict that arises between the Members in connection with the performance of the contract between them.
7.2.5 Ferrari RH disclaims all liability related to the actions of the Owners or House-sitters constituting, but not limited to, the following acts: theft, damage, loss or destruction of property and household effects, illness, personal injury, disability, death, accident, care and supervision of pets, invasion of privacy, and travel and liv-ing expenses.
7.2.6 The provisions of the preceding paragraph shall apply subject to the applicability of the cancellation guarantee associated with the Member's Standard or Premium Plan subscription, in accordance with articles 4.4.4 and 4.4.5 above.
8. Member Exclusion
8.1 Breach of the General Terms of Service
8.1.1 In the event of a breach of these General Terms of Service by a Member, and in particular their non-compliance with the obligations stipulated in article 4 above, Ferrari RH reserves the right to exclude the concerned Member from the Platform.
8.2.1 Members are advised that they have the option to report any behavior or use that is not in accordance with these General Terms of Service by another Member to Ferrari RH by email to firstname.lastname@example.org.
8.2.2 When a Member is reported by another Member, Ferrari RH shall temporarily sus-pend the reported Member's personal account until a full review of the use or conduct in dispute. Upon review, Ferrari RH will reinstate or permanently delete the reported Member's personal account.
8.2.3 Any abusive report will likely lead to the exclusion of the concerned Member.
8.3 Poor Ratings
8.3.1 Members shall be subject to ratings by other Members in accordance with article 5 above.
8.3.2 The achievement by a Member of an average rating of less than three (3) stars and consisting of at least three (3) ratings corresponding to three (3) different stays shall be subject to scrutiny by Ferrari RH and may lead to the exclusion of the concerned Member.
8.3.3 In any event, and except as provided in article 8.3.2 above, Ferrari RH reserves the right to exclude any Member who obtains one or more ratings revealing an attitude and behavior contrary to the values put forward by Ferrari RH in the context of the services offered on the Nomador Platform.
8.3.4 When a rating or review has been deemed abusive or illegitimate, Ferrari RH reserves the right to exclude its author from the Platform.
8.4 Consequences of Exclusion
8.4.1 The exclusion provided for in articles 8.1, 8.2, and 8.3 above shall result in the deletion of the Member's personal account (and their applications, listings, and profile, if applicable) as well as their lifetime ban from creating a new account on the Platform.
8.4.2 The exclusion of a Member shall result in the termination of the contract entered into with Ferrari RH in accordance with article 9.3.2 below.
9. Duration, right of withdrawal, and termination
9.1.1 The contract entered into between the Members and Ferrari RH reflected in these General Terms of Service shall take effect upon the Member's registration on the Nomador Platform and last until the contract is terminated by either party in accordance with article 9.3 below.
9.2 Right of withdrawal
9.2.1 Members have the right to withdraw within a period of fourteen (14) days from their subscription to a plan on the Platform by sending an email to email@example.com.
9.2.2 For the concerned Member, this right of withdrawal entails a full refund of the price billed at the time of subscription, provided that they have not used any of the paid features listed in articles 3.3 et seq. between the subscription and the exercise of their right of withdrawal.
9.2.3 The full refund will be credited to the bank account associated with the payment method used at the time of the subscription within five (5) to ten (10) business days after customer service has received the Member's right of withdrawal, in addition to any bank servicing times, which may vary depending on the Member's banking institution.
9.3.1 Members are advised that they have the option to terminate this contract at any time by sending an email to firstname.lastname@example.org. Excepted as provided for in article 9.2 above, termination of the contract before it ends shall not lead to a reimbursement, in full or in part, of the price billed and already paid by the Member.
9.3.2 Members are advised that Ferrari RH reserves the right to terminate the contract at any time for any of the grounds for exclusion mentioned in article 8 above. As such, Ferrari RH cannot be held liable, and any price paid for a paid subscription plan will not be refunded.
10. Intellectual property
10.1 The content accessible on the Nomador Platform and the Platform itself as a medium for the listings posted by Members are likely to be protected by intellectual property rights (i.e., copyrights and trademarks) and any other foreign law.
10.2 This content, its features, and its functionality are the exclusive property of Ferrari RH. Nothing in these General Terms of Service shall be construed as an assignment of intellectual property rights.
10.3 Ferrari RH assigns to the Members, for the duration of these General Terms of Service, a personal, non-exclusive, and non-transferable right of use of the Nomador Platform.
10.4 Members agree not to (i) attempt to access or copy the Platform's source and/or object code; (ii) use the Platform for purposes other than those provided for in these General Terms of Service; (iii) create copies of the Platform; (iv) reproduce, correct, extract, modify, translate into any language(s), reuse, arrange, adapt, decompile (except and only to the extent expressly authorized by applicable law), nor incorporate the Plat-form into another website, software, or application, or create derivative works based on the Platform regardless of the means and medium; (v) resell, rent, or commercially exploit the Platform, nor assign/concede the services of the Platform to a third party; or (vi) conduct intrusion tests or attempt to obtain a denial of service on the services made available on the Platform.
10.5 Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, such as the graphics charter, the source code and/or object code, or computer applications, without the prior written consent of Ferrari RH is strictly prohibited.
10.6 The fact that Ferrari RH does not initiate proceedings as soon as it becomes aware of these unauthorized uses, reproduction, or representation shall not constitute acceptance or waiver of the proceedings.
10.7 Any violation of this article without the prior written authorization of Ferrari RH is likely to constitute an infringement and engage the civil and/or criminal liability of its author.
4. Force majeure
4.1 In the case of an event having the characteristics of force majeure, as defined by law and by French jurisprudence, resulting in Ferrari RH being unable to perform its obligations under these General Terms of Service, Ferrari RH shall notify Members immediately of such an impossibility.
4.2 Ferrari RH's obligations will be suspended and its liability will be waived only for those obligations that the case of force majeure makes impossible to carry out.
5.1 If any provision of these General Terms of Service is found to be illegal, void, or unenforceable, such provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms of Service. In this occurrence, such severance shall not affect the validity and enforceability of any other remaining provisions.
6. Changes to the General Terms of Service
6.1 The User is able to consult the most recent version of the General Terms of Service of the Nomador Platform at any time. Ferrari RH has the right, at its sole discretion, to update, modify, or replace all or part of these General Terms of Service by posting updates and changes on the www.nomador.com website. It is the responsibility of Users and Members to regularly check whether any changes have been made.
6.2 Continuing to use the Platform after changes to the General Terms of Service shall constitute acceptance of the new General Terms of Service.
7. Applicable lew and jurisdiction
7.1 These General Terms of Service are subject to French law. 7.2 If the legally applicable consumer protection regulations of the country of residence of Members contain provisions that are more advantageous for consumers, these regulations shall apply regardless of the choice of French law.