TERMS OF SERVICE
Last revised on 10/05/2010
The website available at 110 boulevard Bineau (the “Site”) is operated by and is the property of Troov SAS (“Troov”), registered in the Nanterre Trade and Companies Register under the number 834 337 370 and whose head office is located 110 bd Bineau 92200 Neuilly-Sur-Seine.
Its publication director is Aurélie Toubol.
You can contact us by mail at the above address or by email at [email protected].
These general conditions of service (the “Terms” or “TOS”) apply to any use of the Site. By accessing, using, or connecting to the Site, you (the “User”, “you”) acknowledge having read, understood, and accepted all terms contained in the present Terms. In case of disagreement with the present Terms, please stop immediately any use of the Site or the Service.
You have the option to save and print the Terms using the standard features of the browser or computer you use. In accordance with the provisions of articles L.221-8 to L.221-11 of the French Consumer Code, you agree that the Terms will be provided to you on an electronic medium.
You also agree to be notified of any modification of the Terms in electronic form, by email.
These Terms are likely to be updated regularly. We invite you to visit this page each time you log in to the Site. The applicable version is the one into force on the day of use of the Site and / or the Service.
- Our services
2.1 Troov offers via the Site a service (the “Service”) intended to increase via a Contact Platform (the “Platform”) the chances of linking a person who has lost an object (the "Head in the Clouds ") and a person who has found a lost object (the “Troover”).
The use of the Site does not exempt you from performing the necessary diligences with certain public services (such as a declaration of loss or theft of any administrative document) and / or private services (such as an opposition on a bank card, a statement to your insurer, etc.).
The Platform allows in particular:
i. Posting ads for lost or found items;
ii. The exchange of private messages between Heads in the Clouds and Troovers via a messaging service;
iii. In case of matching between a lost and a found object (the “Match”), the linking of the Head in the Clouds and the Troover according to the modalities set by the Platform;
iv. In the event of a match, the Troov partners send the object found at the address chosen by the Head in the Clouds if it so requests; and
v. The relationship between the Head in the Clouds with professionals likely to help him in his efforts to prevent the loss of objects, help him to find his lost items or to replace them.
2.2 Troov develops additional or complementary services that users can use either independently or as an add-on of the Service (called “Other Services”). It is for instance the solution to book an appointment in a shop or mall (“Troov ton créneau”).
- Price of the Service
The creation of a User account on the Platform as well as the placing online of an announcement concerning an object found or lost by a Head in the Clouds or a Troover are free.
However, the Platform offers Users a certain number of ancillary services, such as, for example, putting them into contact with professionals in connection with the Head in the Clouds needs, or sending the object found at the address chosen by the Head in the Clouds. Each of these additional services will be subject to additional and specific conditions.
Finally, if the lost object has been deposited with a public service managing the lost and found properties, the Head in the Clouds may have to pay fees in accordance with the regulations in force, such as, in particular, a right of custody.
Other services are free for the User unless otherwise noted when accessing the Website or Service / Other Service.
- The mechanism of the Reward for lost & found service
In case of Match, a voucher may be offered to the Troover (the “Reward”), as described below once the Platform will incorporate this feature.
When placing an announcement on-line, the Head in the Clouds will set the amount of the associated Reward. In the event of a Match, the Head in the Clouds will pay through the Platform a sum of money (of a total amount equal to the Reward and Troov management fees). After confirmation of the Head in Clouds received through the Platform that the object found by the Troover has been delivered to the Head in the Clouds, and after deduction of management fees by Troov, the balance is given to the Troover in the form of a coupon.
The Reward is a mean to thank the Troover for his effort, and he can freely renounce it, in which case Troov keeps the amount to cover its expenses and management costs.
5.1. Troov has developed tools to connect people who have lost an object and those who found a lost object and offers a service that is only intended to facilitate this relationship. Under no circumstances can these tools and this Service relieve the Users of the Site and / or the Service and / or the Platform of their respective responsibility. Thus, only the User is responsible for the content of an advertisement and Troov does not verify it. Accordingly, Troov does not accept any liability for any inaccurate, false, inappropriate, or even unlawful content that a User may include in an advertisement or generally on the Platform and / or the Site.
Troov has set up an algorithm whose function is to allow the match between declared lost and found objects, but the reliability of such a tool cannot be guaranteed. As a result, Troov cannot be held responsible for any errors in the match between a lost item advertisement and a found item advertisement, and it is up to Users to verify the validity of this match by any appropriate means. In order to help Users in this task, Troov puts tips online, especially in the form of questions that can be asked before the restitution of an object, and which are the fruit of our experience as well as that of Users.
Troov is not involved in the preservation and delivery of objects and therefore cannot be held responsible for the state of conservation of objects or any deterioration of them.
5.2 For Other Services, when Troov puts Users in contact with Professionals or other stakeholders, Troov is not responsible of professional compliance with its obligation toward Users.
5.3 Troov is bound by an obligation of means to ensure the proper functioning of its Service or Other Services, its Site, and / or its Platform, and therefore demonstrates its best efforts in this direction. Troov cannot be held responsible in case of malfunction of the Site, the Platform and / or its Service or Other Services, loss of data suffered by the User, intrusion into its databases, or in general any security breach in its computer systems.
In any case, Troov cannot be held responsible for any failure of its partners, Users or any third party involved in the provision of the Service or Other Services such as web hosts, providers of electronic communication services, carriers of lost property. It is therefore up to Users to ensure the veracity and accuracy of the advertisements, the quality of the services they can access in connection with the use of the Platform and to take all the necessary precautions for their security in the setting of appointments they make in order to operate the restitution of an object found including fixing the meeting place in a public place.
In the event that Troov’s liability is nevertheless incurred, the amount of the damages to which it could be sentenced cannot exceed the lower of the two sums between (i) the amount of the Reward for the purpose of its announcement and (ii) five hundred euros.
- Moderation and removal of ads
In order to ensure the security of the Users of the Site and preserve the image of the Site, Troov reserves the right to moderate the contents of the ads of lost or found objects, including by temporarily or permanently deleting all or part of the content of an announcement that:
- would contain identification elements that could affect the security of a User.
- would contravene the laws and regulations in force or the Terms.
- would be of fraudulent origin.
- Would be likely to carry on a non-existent object illegal, immoral, or offensive to the image of the Site.
- Would have been posted more than 12 months ago.
Moreover, in the presence of a User behavior or an advertisement that appears to be suspicious or fraudulent, Troov reserves the right to (i) delete the announcement from the Site, (ii) close immediately the account at the origin of the announcement and / or the behavior in question, and (iii) to denounce fraudulent or suspected acts to the police or gendarmerie.
Troov will use its best efforts to ensure the best possible moderation of the ads, but it cannot be held responsible for any content that has escaped its surveillance, and relies on the cooperation of Users to report any unwanted content they would note.
- Obligations of Users
- The User agrees to use the Site, the Platform and the Service only for his/her personal purposes within the framework of (i) the search for an object that he / she has lost, or (ii) the restitution of an object he/she would have found or (iii) regarding Other Services. Under no circumstances may a User use the Site, the Platform and / or the Service or Other Services for other purposes commercial purposes.
- The User agrees not to make any fraudulent use of the Site, such as online posting of false found objects, the declaration of loss of an illegally acquired object, the declaration of object falsely lost or any attempt to be given an object that does not belong to him/her or booking excessive number of slots in shops or for third parties. Such conduct would constitute on the one hand a violation of these Terms and on the other hand a criminal offense exposing him/her to legal proceedings. In addition, any User may report to Troov any announcement or other behavior of other Users that appears to him/her to be suspicious or fraudulent, via our email address [email protected].
- The User agrees to immediately remove any advertisement that he/she posted online for a lost item found or for which the advertisement would be obsolete (for example in the case of a credit card that would have been deactivated following the declaration of loss from the bank, etc.) or for a found object that have already been returned to his owner.
- The User undertakes to (i) keep his/her ads up-to-date, in particular in the case of an object found that he/she would no longer hold following its deposit with a third party or public service managing the objects found, as well as (ii) provide as much detail as possible on the lost or found item to facilitate the Match.
- The User freely chooses his identifiers (login and password in particular) and ensures their confidentiality and security. It is his/her responsibility not to disclose it to third parties and to disconnect from his/her account after each connection on the Platform especially when the connection is made from a device (computer, smartphone, tablet, etc.) that does not belong to the User or whose use is shared. In the event of the theft of his identifiers or any security breach, the User immediately informs Troov at [email protected] and changes them without delay.
- Users must take appropriate measures to protect their own data, hardware, and software from contamination by possible viruses or intrusions when connecting to the Troov Platform.
- Creating your account
To advertise on the Troov Platform, the User must first create an account on the Platform by filling in the requested information and choosing his personal identifiers. He undertakes to provide accurate information and to modify it in the event of a change affecting the said information (moving, change of e-mail address or telephone number, etc.)
- Intellectual property
- The Platform, the name and the Troov databases as well as any logo, image, graphic or sound element, video, software, algorithm, text are protected by intellectual property rights such as copyright, trademark, designs and models or the sui generis right to the databases and the use of the Site, the Service and / or the Platform does not imply any transfer of said rights and any reproduction, representation, extraction, reuse including unauthorized advertisements in writing falls within acts of counterfeiting and exposes the perpetrator to civil or criminal prosecution and the payment of damages.
- Troov grants the User a license strictly limited to the access and personal use of the Site, the posting of advertisements, searches for objects and exchanges between Users for their personal use only and the hyperlink to the site for personal, non-commercial purposes only. The User agrees not to reconstitute all or part or to help a third party to reconstitute all or part of the Site and / or Platform and / or their elements including for the purpose of providing comparable services to the Service.
- By publishing an advertisement, the User grants Troov a free and transferable license to use any content that the User may provide in connection with the use of the Service and / or the Platform. This license includes a right of duplication, access, storage, transmission and / or dissemination to the public, and via social networks used or not by the User.
- Users warrant to Troov that the advertisements they publish cannot in any way constitute the infringement of the intellectual property rights of a third party. In the event of a prosecution or conviction of Troov because of an act of counterfeiting committed by a User, the latter will have to bear all the costs charged to Troov, including the costs for his defense.
- Confidentiality and protection of personal data
In connection with the use of the Site, the Service, and / or the Platform, Troov collects and processes certain personal data of its Users. By using the Website, the Platform and / or the Service, Users recognize and accept the processing of their personal data by Troov in accordance with its confidentiality policy accessible via the following link: https://www.Troov.com/en/confidentiality
- Governing Law and Jurisdiction
Unless otherwise mandatory, these Terms and the resulting transactions are subject to French law and any dispute relating to the Terms will be subject to the jurisdiction of the French courts.
The User, when he acts as a consumer, has the possibility of using a mediation procedure, in accordance with Articles L.611-1 et seq. of the Consumer Code, in the event of a dispute relating to the Terms, and this. Free of charge and without giving up the possibility of a legal action. In this regard, Troov has joined the mediation services of the Federation of e-commerce and distance selling (FEVAD), you can see the contact details and terms of referral below:
In addition, in accordance with the provisions of Article 14 of Regulation (EU) 524/2013, the European Commission provides an online consumer dispute resolution platform, accessible via the link http://ec.europa.eu/consumers/odr