GENERAL TERMS AND CONDITIONS OF USE of TROOV
Last revised on 16/11/2020
The website available at www.troov.com (the “Site”) is operated by and is the property of Troov SAS (“Troov”), registered with the Nanterre Trade and Companies Registry under number 834 337 370 and whose registered office is located at 110 bd Bineau 92200 Neuilly-Sur-Seine.
Its publication director is Aurélie Toubol.
The Site operates an internet platform to bring together its users and/or between users and Troov’s partners (the “Platform”).
You can contact us by post at the above address or by email at [email protected].
General terms and conditions
- Acceptance, scope of application and evolution of the GTCU
These general terms and conditions of use (the “TOU”) apply to any use of the Platform. By accessing, using or connecting to the Site, you (the “User”, “you”) acknowledge that you have read, understood and accepted all the terms contained in these TOU. If you do not agree with these TOU, please immediately cease all use of the Platform or the Service.
You may save and print the TOU by using the standard features of the browser or computer you are using. In accordance with the provisions of Articles L.221-8 to L.221-11 of the French Consumer Code, you accept that the TOU are provided to you on an electronic medium.
You also agree to be notified of any changes to the TOU in electronic form, by email.
These TOU are likely to be updated on a regular basis. We therefore invite you to visit this page each time you connect to the Site. The applicable version is that in force on the day of use of the Site and/or the Service.
For Users accessing the Platform in the context of their professional activity, on behalf of a Troov client, these GCU supplement the contractual obligations contained in the contract concluded between Troov and the said client. They are binding on Troov’s customer as well as on the User and his employer.
- Our Services
The Platform provides access to different types of services (the Service(s)), all of which are subject to the general provisions of these TOU. In addition, certain Services may be subjected to special provisions applicable only to a particular Service. These provisions are set out in the specific provisions of these TOS.
- Creating your account
In order to use any of the Troov Platform Services, the User must first create an account on the Platform by filling in the requested information and choosing his personal identifiers. The User undertakes to provide accurate information and to modify this information in the event of a change affecting the said information (moving house, change of email address or telephone number, etc.).
When Troov puts the User in contact with another User, whether a consumer or a professional or a partner, Troov is in no way responsible or liable in any way whatsoever for the fulfilment by him of his obligations towards the User.
Troov is only bound by an obligation of means to ensure the proper functioning of the Services and/or its Platform, and therefore makes its best efforts in this respect. Troov cannot be held liable in the event of malfunctioning of the Platform and/or the Other Services, loss of data suffered by the User, intrusion into its databases, or in general any breach of security in its computer systems.
In any event, Troov cannot be held responsible for the failings of its partners, Users or any third party involved in the provision of a Service such as hosting providers, electronic communication service providers, carriers…
In the event that Troov is nevertheless held commited, the amount of damages to which it may be condemned may not exceed five hundred euros.
- Obligations of the Users
The User undertakes to use the Platform and the Service solely for personal purposes in accordance with the purpose of the Services offered. Under no circumstances may a User use the Site, the Platform and/or any Service for any other purpose.
In all cases, Users are free to choose their login and password and ensure their confidentiality and security. It is the User’s responsibility not to divulge them to third parties and to disconnect from his account after each connection to the Platform, in particular when he connects from equipment (computer, smartphone, tablet, etc.) that does not belong to him or whose use is shared. In the event of theft of his identifiers or any breach of their security, the User shall immediately inform Troov at [email protected] and change them without delay.
The User must take appropriate measures to protect his own data, hardware and software from contamination by possible viruses or any intrusion when connecting to the Troov Platform.
- Intellectual Property
The Platform, the name, Troov’s 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, drawings and models or sui generis right of databases and the use of the Site, the Service and/or the Platform does not imply any transfer of these rights and any reproduction, representation, extraction, re-use in particular of advertisements not authorised in writing is an act of counterfeiting and exposes its author to civil or criminal prosecution and the payment of damages.
Troov grants the User a user licence strictly limited to access and personal use of the Platform Services for his sole personal use. The User shall refrain from reconstructing all or part of the Site and/or the Platform and/or their elements or assisting a third party to reconstruct all or part of the Site and/or the Platform and/or their elements, particularly with a view to offering services comparable to the Service.
- Confidentiality and protection of personal data
- Applicable law and jurisdiction
Unless otherwise specified, these TOU and the operations resulting from them are subject to French law and any dispute relating to the TOU shall be subject to the jurisdiction of the French courts.
The User, when acting as a consumer, also has the possibility of recourse to a mediation procedure, in accordance with articles L.611-1 and following of the French Consumer Code, in the event of a dispute relating to the GCU, and this completely free of charge and without waiving the possibility of legal action. In this respect, Troov has joined the mediation services of the Fédération du e-commerce et de la vente à distance (FEVAD), whose contact details and procedures for referral can be found below:
Furthermore, in accordance with the provisions of Article 14 of Regulation (EU) 524/2013, the European Commission provides a platform for the online resolution of consumer disputes, accessible via the link http://ec.europa.eu/consumers/odr
Special provisions applicable to Troov’s Lost and Found Service
- Description of the Lost/Found Object Management Service :
Troov offers a service (the “Lost and Found Service”) designed to increase the chances of a person who has lost an object (the “Looser”) and a person who has found a lost object (the “Finder”) being connected via a Contact Platform (the “Platform”). The “Lost and Found Service” also aims to help the “Looser” to replace a lost object that they cannot find and to prevent the loss of objects by providing all means while reducing the risk.
Use of the Platform does not exempt you from carrying out the necessary steps with certain public (such as, for example, a declaration of loss or theft of administrative documents) and/or private (such as, for example, a stop payment on a bank card, a declaration with your insurer, etc.) services.
In particular, the Platform makes it possible:
• The online posting of ad concerning lost or found objects;
• The exchange of private messages between Loosers and Finders via a messaging system and an authentication interface (“match interface”);
• In the event of a match between a lost and found object (the “Match”), the linking of the Looser and the Trooper according to the terms and conditions set by the Platform;
• In the event of a Match, the sending by Troov’s partners of the recovered object to the address chosen by the Looser if the Looser so requests; and
• Putting the Looser in contact with professionals who can help him in his efforts to prevent the loss of objects, help him find his lost objects or replace them.
- Lost and Found Service Price :
The creation of a User account on the Platform as well as the online posting of an ad concerning an object found or lost by a Looser or a Finder are free for consumers. For professionals, the price is fixed by their contract with Troov.
However, the Platform offers Users a certain number of additional paid services, such as, in particular, putting them in contact with professionals in connection with the Looser approach, or sending the found object to the address chosen by Looser. Each of these additional services will be subjected to additional and specific conditions.
Finally, if the lost object has been deposited with a public service that manages lost objects, Looser may have to pay fees in accordance with the regulations in force, such as, in particular, custody fees.
The Other Services are free of charge for the User unless otherwise indicated on the Platform when accessing the said Other Service.
- The Reward mechanism applicable to the Lost and Found Service
In the event of a Match, a voucher (the “Reward”) may be offered to the Finder, as described below, once the Platform integrates this functionality.
When placing an ad, the Loser will set the amount of the Reward associated with it. In the event of a Match, the Loser will pay through the Platform a sum of money (a total amount equal to the Reward and Troov’s management fees). After confirmation from the Loser received through the Platform that the object found by the Finder has been handed over to the Loser, and after deduction of the management fees by Troov, the balance is handed over to the Finder in the form of a voucher.
The sole purpose of the Reward is to thank the Finder for his effort, which he may freely renounce, in which case Troov may keep the amount to cover its management costs and improve its platform.
Special responsibility for the Lost and Found Service:
Troov has developed tools that enable people who have lost an item to be put in contact with those who have found a lost item. And thus offers a Service that is solely intended to facilitate this contact. Under no circumstances will these tools and this Service relieve the Users of the Site and/or the Service and/or the Platform of their respective liability. Thus, the User alone is responsible for the content of an advertisement and Troov does not ensure its verification. Consequently, Troov accepts no liability for any inaccurate, false, inappropriate or even illegal content that a User may include in an advertisement or in general on the Platform and/or the Site.
Troov has put in place an algorithm which has the function of allowing the Match between the advertisements of items declared lost and those declared found. But the reliability of such a tool cannot be guaranteed. Consequently, Troov cannot be held liable in the event of an error in the match between a lost item advertisement and a found item advertisement. And it’s up to the Users to verify the validity of this match by any appropriate means. In order to assist Users in this task, Troov provides advice, in particular in the form of questions that may be asked before returning an item, which are the result of its experience and that of Users. This advice is available in its FAQ, the Troov Academy (video tutorials) and on its blog.
Troov does not intervene in any way in the conservation and delivery of the objects and therefore cannot be held responsible for the state of conservation of the objects or any deterioration thereof.
- Moderation and removal of ads :
In order to ensure the safety of the Users of the Site and to preserve the image of the Site. Troov reserves the right to moderate the content of the lost and found ads. In particular by temporarily or permanently deleting all or part of the content of an ad that :
- Contains identification elements that may affect the security of a User;
- Contains identification elements that do not comply with the RGPD regulation (e.g. social security number, data on racial or ethnic origin, political opinion, trade union membership, religious or philosophical beliefs, sexual orientation or health data);
- Contravenes the laws and regulations in force or the T&Cs;
- Be of fraudulent origin;
- Would be likely to relate to a non-existent object that is illegal, immoral or detrimental to the image of the Site; or that
- Reportedly posted over 12 months ago.
In addition, in the presence of User behaviour or an advertisement that it considers suspicious or fraudulent, Troov reserves the right to (i) delete the advertisement from the Site, (ii) close immediately the account at the origin of the advertisement and/or the behavior in question, and (iii) to denounce the fraudulent acts noted or suspected to the police or gendarmerie servicies.
Troov will make its best efforts to ensure the moderation of the ads, but cannot be held responsible for any content that has escaped it’s monitoring, and relies on the cooperation of Users to report any undesirable content they observe.
- Obligations of the User of the Lost and Found Service :
The User of the Lost & Found Service undertakes not to make any fraudulent use of the Platform, such as in particular the posting of false lost objects online, the declaration of loss of an illegally acquired object, the declaration of an item falsely lost or any attempt to receive an item that does not belong to him or her, or the reservation of entry slots in shops in excessive numbers or for third parties. Such behaviour would constitute on the one hand a violation of these T & Cs and on the other hand a criminal offence exposing him to legal proceedings. In addition, any User is entitled to report to Troov any advertisement or behaviour of other Users which appears suspicious or fraudulent to Troov via our email address [email protected].
The User of the Lost & Found Objects Service undertakes to immediately remove any ad that he has placed online for a lost item that he has found or for which the ad is obsolete (for example in the case of a bank card that has been deactivated following his declaration of loss to the bank, etc.) or for a found item that he has returned to its owner.
The User of the Lost & Found Objects Service undertakes to (i) keep his/her advertisements up to date. In particular in the case of a found object that no longer fades, in order to follow up on their deposit with a third party or public service managing lost objects. And to (ii) provide as much information as possible about the lost or found object in order to facilitate the Match.
By posting an advertisement for the Lost and Found Object Service, the User grants Troov a free and transferable licence to use any content that the User may be required to provide in connection with the use of the Service and/or the Platform. This licence includes in particular a right of duplication, access, conservation, transmission and/or distribution to the public, and in particular via the social networks whether or not used by the User.
The User guarantees Troov that the advertisements he publishes may in no way constitute aninfringement of the intellectual property rights of a third party. In the event that Troov is prosecuted or convicted for an act of infringement committed by a User, the User shall bear all costs charged by Troov, including the costs of defending Troov.
Special provisions applicable to the Troov ton créneau Service (online appointment solution)
- Description of the Troov Ton Créneau (TTC) Service :
Troov offers the Troov Ton Créneau Service, an appointment-making service that allowing you to reserve a day and time for visiting a business which itself uses Troov to receive its customers by appointment (hereafter the “TTC Service”). This service cannot under any circumstances guarantee entry to the business, which is solely the responsibility of the retailer.
- Price of the Service TTC :
The creation of a User account on the Platform and the use of the Service TTC is free of charge for consumers. For professionals, the Price is fixed by their contract binding them to Troov.
- Specific liability for the Service :
Troov makes its Site and Platform available to Users and merchants in order to enable their customers to book time slots in compliance with the regulations applicable to the opening of their businesses to the public. Under no circumstances can Troov be held responsible for these businesses compliance with their obligations incumbent to the public or that the User will be welcomed in accordance with his reservation, whether the merchant cancels the reservation or is unavailable to receive the User or refuses him entry to his business.
- Obligations of the User of the Service :
The User of the TTC Service, recognizes that making of an appointment by him constitutes a firm commitment on his part and he undertakes not to make any reservation for an appointment in a business that he cannot attend and to immediately cancel any reservation for which it is no longer available. He also undertakes to refrain from transferring his reservations to third parties free of charge or in return for payment. The User who does not honour the appointments made may see his account blocked from the second appointment not honoured.