GENERAL TERMS AND CONDITIONS OF USE of TROOV
      

GENERAL TERMS AND CONDITIONS OF USE of TROOV
Last revised on 11/10/2020

The website available at the address www.troov.com (the “Site”) is operated by and is the property of Troov SAS (“Troov“), registered in the Nanterre Trade and Companies Register 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 for connecting its users and / or between users and Troov partners (the “Platform”).

You can contact us by mail at the above address or by email at sing [email protected].

General provisions

  1. Acceptance, scope and evolution of the T & Cs

These general conditions of use (the “T & Cs”) apply to all use of the Platform. By accessing, using or connecting to the Site, you (the “User”, “you”) acknowledge having read, understood and accepted all the terms contained in these T & Cs.

If you disagree with these T & Cs, please immediately cease all use of the Platform or the Service.

You have the option of saving and printing the T & Cs 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 Consumer Code, you agree that the T & Cs will be provided to you electronically.

You also agree to be notified of any possible modification of the T & Cs in electronic form, by email.

These T & Cs are likely to be updated regularly. We invite you to visit this page each time you connect to the Site. The applicable version is the one in force on the day of use of the Site and / or the Service.

For Users accessing the Platform as part of their professional activity, on behalf of a Troov client, these T & Cs supplement the contractual obligations contained in the contract concluded between Troov and said client. They engage Troov’s customer as the User and his employer.

  1. Our services

The Platform provides access to different types of services (the Service (s)) which are all subject to the general provisions of these T & Cs. In addition, certain Services may be subject to specific provisions applicable only to a particular Service. These provisions appear in the specific provisions of these T & Cs.

  1. Creation of your account

To use one of the Troov Platform Services, the User must first create an account on the Platform by providing 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 said information (moving, change of email or telephone address, etc.).

  1. Liability

When Troov puts the User in touch with another User, whether he is a consumer or a professional or a partner, Troov is in no way guarantor or liable in any way whatsoever for him to comply with his obligations towards vis-à-vis 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 demonstrates its best efforts in this regard. Troov cannot therefore be held responsible for any malfunction of the Platform and / or the 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 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 for example hosts, providers of electronic communication services, carriers, etc.

If Troov’s liability would however be engaged, the amount of damages to which it could be ordered may not exceed five hundred euros.

  1. Obligations of Users

The User agrees to use the Platform and the Service only 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 other purposes.

In all cases, the User freely chooses his identifiers (login and password in particular) and ensures their confidentiality and security. It is their responsibility not to disclose them to third parties and to disconnect from their account after each connection to the Platform, when they connect from equipment (computer, smartphone, tablet, etc.) that does not belong to them or whose use is shared . In the event of theft of his identifiers or any breach of their security, the User immediately informs Troov at the address [email protected] and changes them without delay.

The User must take the appropriate measures to protect his own data, hardware and software from contamination by possible viruses or any intrusion when he connects to the Troov Platform.

  1. Intellectual property

The Platform, the name, 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 sui generis right of the databases and the use of the Site, the Service and / or the Platform does not imply any assignment of said rights and any reproduction, representation, extraction, reuse, in particular of the announcements not authorized in writing , falls within the scope of acts of counterfeit and exposes its author to civil or criminal proceedings and the payment of damages.

Troov grants the User a license to use strictly limited to access and personal use of the Platform Services for his own personal use. The User is prohibited from reconstituting in whole or in part or helping a third party to reconstitute all or part of the Site and / or the Platform and / or their elements, in particular with the aim of offering services comparable to the Service.

  1. Confidentiality and protection of personal data

In the context of using the Services and / or the Platform, Troov collects and processes certain personal data from its Users. By using the Platform and / or the Services, Users acknowledge and accept the processing of their personal data by Troov in accordance with its privacy policy accessible via the following link: www.troov.com/fr/confidentiality

  1. Applicable law and competent jurisdiction

Unless otherwise required, these T & Cs and the operations resulting from them are subject to French law and any dispute relating to the T & Cs will be subject to the jurisdiction of the French courts.

The User, when acting as a consumer, also has the possibility of resorting to 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 T & Cs, and this completely free of charge and without giving up the possibility of legal action. In this regard, Troov has joined the mediation services of the Federation of e-commerce and distance selling (FEVAD), whose contact details and referral procedures can be found below:

www.mediateurfevad.fr/index.php/espace-consommateur

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 www.ec.europa.eu/consumers/odr

Special provisions applicable to the Troov Service dedicated to Found or Lost Objects

  1. Description of the Lost / Found Management Service:

Troov offers a Service (the “Found Objects Service”) intended to increase via a Contact Platform (the “Platform”) the chances of connecting a person who has lost an object (the “Head in the Air”) and a person who has found a lost object (the “Trooveur”). Another purpose of the Lost Property Service is to help the Heads in the Air replace a lost item that they cannot find and prevent the loss of items by providing all means and reducing the risk.

The use of the Platform does not exempt you from carrying out the necessary due diligence with certain public services (such as for example a declaration of loss or theft of administrative documents) and / or private (such as for example an opposition on a bank card a declaration to your insurer, etc.).

The Platform allows in particular:

• The posting of announcements concerning found or lost items;

• The exchange of private messages between “Heads in the Air” and Trooveurs 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 “Head in the Air” and the Trooveur according to the terms set by the Platform;

• In the event of a Match, the sending by Troov’s partners of the item found to the address chosen by the “Head in the Air” if the latter so requests; and …

• Putting the “Head in the air” in touch with professionals likely to help it in its efforts, whether it is to prevent the loss of objects, to help it find its lost objects or to replace them.

  1. Price of the Lost and Found Service:

The creation of a User account on the Platform as well as the posting of an advertisement concerning an object found or lost by a Head in the Air or a Trooveur are free for consumers. For professionals, the Price is set by their contract binding them to Troov.

However, the Platform offers Users several additional paid services, such as putting in touch with professionals in connection with the Head in the Air approach, or sending the object found to the address chosen the Head in the Air. Each of these ancillary services will be subject to additional and specific conditions.

Finally, if the lost object has been deposited with a public service managing lost and found objects, Head in the Air may have to pay fees in accordance with the regulations in force, such as custody fees.

The Other Services are free for the User unless otherwise indicated on the Platform when accessing said Other Service.

  1. The Reward mechanism applicable to the Lost Property Service

In the event of a Match, a voucher may be offered to the Trooveur (the “Reward”), as described below once the Platform integrates this functionality.

When it places an advertisement online, Head in the Air will set the amount of the Reward associated with it. In the event of a Match, Head in the Air will pay a sum of money through the Platform (in a total amount equal to the Reward and Troov’s management fees). After confirmation from the Head in the Air received via the Platform that the object found by the Trooveur has been delivered to the Head in the Air, and after deduction of the management fees by Troov, the balance is returned to the Trooveur in the form of good buy.

The sole purpose of the Reward is to thank the Trooveur for his effort, and he can freely renounce it, in which case Troov may keep the amount to cover his management costs and improve his platform.

  1. The special responsibility for the Lost and Found Service:

Troov has developed tools allowing the connection between people who have lost an object and those who have found a lost object, and thus offers a Service which is only intended to facilitate this connection. Under no circumstances can these tools and this Service discharge the Users of the Site and / or the Service and / or the Platform from their respective responsibilities. Thus, only the User is responsible for the content of an advertisement and Troov does not ensure its verification. Consequently, Troov bears no responsibility 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 implemented an algorithm which has the function of allowing the Match between announcements of objects declared lost and those declared found, but the reliability of such a tool cannot be guaranteed. Consequently, Troov cannot be held responsible in the event of an error in the correspondence between a lost object advertisement and a found object advertisement, and it is the Users ’responsibility to verify the merits of this correspondence by any appropriate means. To help Users in this task, Troov provides advice online, in particular in the form of questions that can be asked before returning an object, and which are the result of its experience and that of the Users. These tips are available in his ** FAQ **, the Troov Academy (tutorial videos) and on his blog.

Troov does not intervene in the conservation and return of objects and therefore cannot be held responsible for the state of conservation of the objects or for any deterioration thereof.

  1. Moderation and withdrawal of announcements:

To ensure the safety of Site Users and to preserve the Site’s image, Troov reserves the right to moderate the content of advertisements for found or lost items, in particular by temporarily or permanently deleting all or part of the content of the website. 'an ad that:

• Contains identification elements that may affect the security of a User;

• Contains identification elements that do not comply with GDPR regulations (eg: social security number, data on racial, ethnic origin, political opinion, union membership, religious or philosophical beliefs, sexual orientation or health data);

• Would violate the laws and regulations in force or the T & Cs;

• Is believed to be of fraudulent origin;

• Could relate to a non-existent object that is illegal, immoral or offensive to the image of the Site; or who

• Would have been posted more than 12 months ago.

In addition, in the presence of User behavior 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 services.

Troov will make its best efforts to ensure the moderation of the ads, but it cannot be held responsible for any content that has escaped its monitoring and relies on the cooperation of Users to report any undesirable content that they observe.

  1. Obligations of the User of the Lost and Found Service:

The User of the Found Objects Service undertakes not to make any fraudulent use of the Platform, such as in particular the posting of false found objects online, the declaration of loss of an illegally acquired object, the declaration of falsely lost object. or any attempt to receive an object that does not belong to him or the reservation of entry slots in shops in excessive number or for third parties. Such behavior would constitute on the one hand a violation of these T & Cs and on the other hand a criminal offense exposing him to legal proceedings. In addition, any User is allowed to report to Troov any advertisement or any behavior of other Users that they consider suspicious or fraudulent, via our email address [email protected].

The User of the Found Objects Service undertakes to immediately withdraw any advertisement that he has placed online for a lost object that he has found or for which the advertisement is obsolete (for example in the case of a bank card which would have been deactivated following his declaration of loss to the bank, etc.) or for a found object that he would have returned to its owner.

The User of the Found Objects Service undertakes to (i) keep their advertisements up to date, in particular in the case of a found object that they no longer rub off to follow up on their deposit with a third party or managing public service. items found, as well as (ii) provide as much detail as possible on the item lost or found to facilitate the Match.

By posting an advertisement for the Found Object Service, the User grants Troov a user license, free and transferable, on any content that the User may be required to provide in the context of the use of the Service and / or the Platform. This license includes a right of duplication, access, conservation, transmission and / or distribution to the public, and in particular via social networks whether or not used by the User.

The User guarantees to Troov that the advertisements he publishes can in no way constitute an infringement of the intellectual property rights of a third party. If Troov is prosecuted or convicted as a result of an act of infringement committed by a User, the latter shall bear all the costs charged to Troov, including the costs of defending him.

Special provisions applicable to the Troov Ton Créneau Service (TTC)

  1. Description of the Troov Ton Créneau Service:

Troov offers the Troov Ton Créneau Service, an appointment-making service allowing you to reserve a day and a time for visiting a business which itself uses Troov to receive its customers by appointment (hereinafter the “TTC Service”).

This service can in no way guarantee entry into the trade which depends on the trader alone.

  1. Price of the Service including VAT:

Creating a User account on the Platform and using the TTC Service is free for consumers. For professionals, the Price is set by their contract binding them to Troov.

  1. Special Responsibility for the TTC Service:

Troov makes its Site and its Platform available to Users and merchants 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 to the public or that the User will be welcomed in accordance with their reservation, whether the merchant cancels the reservation or is unavailable to receive the reservation. 'User or even refuses him entry into his business.

  1. Obligations of the User of the TTC Service:

The User of the TTC Service recognizes that making an appointment by him constitutes a firm commitment on his part and he undertakes not to make any reservation of an appointment in a business to which he could not go and to immediately cancel any reservation for which it is no longer available.

He also refrains from assigning his reservations to third parties free of charge or for remuneration. The User who does not honor the appointments made may see his account blocked from the second appointment not honored.