GENERAL TERMS AND CONDITIONS OF USE of TROOV
GENERAL CONDITIONS OF USE OF TROOV
Last revised on 03/04/2023
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 intermediation internet platform to connect its users and/or between users and Troov partners (the “Platform”).
You can contact us by email at the above address or by email at contact@troov.com.
General provisions
- Acceptance, scope and evolution of the general conditions
These general terms and conditions of use (the “T&Cs”) apply to any use of the Platform. By accessing, using or connecting to the Site, you (the “User”, “you”) acknowledge having read, understood and accepted all the conditions contained in these T&Cs.
If you do not agree 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 accept that the T&Cs are communicated to you electronically.
You also agree to be informed of any possible modification of the T&Cs in electronic form, by e-mail.
These T&Cs may 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 in the context 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 the Troov customer as user and employer.
These T&Cs only cover the Intermediation Services provided by our Platform but not those provided by our partners (the “Partners”) whether they themselves are Users of the Platform such as lost property offices or places receiving visitors using our appointment booking service or whether they are in charge of additional services such as delivery providers. Thus, it is up to Users to take note of the conditions of performance of the services provided by our Partners, Troov being in no way responsible for their services.
- Our services
The Platform provides access to different types of services (the Service(s)) provided by Troov which are 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.
- Creation of your account
To use one of the Services of the Troov Platform, 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.).
- Liability
When Troov puts the User in contact with another User, whether consumer or professional or partner, Troov is in no way responsible or liable in any way whatsoever for the fulfillment of its obligations 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, the loss of data suffered by the User, the intrusion into its databases, or in general any fault security in its computer systems.
In any case, Troov cannot be held responsible for the failures of its Partners, Users or any third party involved in the provision of a Service such as, for example, hosts, electronic communications service providers, found objects, places open to the public, carriers, etc.
In particular, Troov is not responsible for the time taken by its Partners to carry out the procedures at their expense (shipping time, delivery time, etc.), these services being carried out by its Partners under their sole responsibility and as such Troov does not can assume no liability, particularly in the event of delay, loss or deterioration of the object transported or problems with the customs authorities for international transport. It is therefore up to the User to contact the Partner directly in the event of their liability being questioned and/or to the insurer if the User has taken out “transport” insurance.
If Troov’s liability were however engaged, the amount of damages to which it could be condemned may not exceed five hundred (500) euros.
- 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, Platform and/or any Service for any other purpose.
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 it to third parties and to log out of their account after each connection to the Platform, when they connect to equipment (computer, smartphone, tablet, etc.) that does not belong to them or whose use is shared. . In the event of theft of their identifiers or any breach of their security, the User immediately informs Troov at the address contact@troov.com and modifies them without time limit.
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.
If the User requests a delivery service through Troov, it is up to him to assess alone and under his entire responsibility the declared value for the goods transported, a value which will be taken into account for the insurance of the goods and for the customs declaration if the goods are transported internationally.
It is up to the User to act diligently in all his steps and in particular if he subscribes to a delivery service to give all the necessary details on the delivery address and to make himself available to take delivery of the goods at his home or at the collection point. Thus if the good is returned to the sender whatever the cause, the User must alone and at his own expense contact the sender to organize a new delivery, being reminded that each sender has his own policy for the conservation of the goods and that therefore the property may be destroyed or transferred to a third party if the User does not report to the sender quickly and in any event within the time limit set by the sender.
- 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 copyrights, trademarks, designs and models. . 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 transfer of said rights and any reproduction, representation, extraction, reuse, in particular announcements not authorized in writing, falls within the scope of acts of infringement and exposes its author to civil or criminal proceedings and to the payment of damages.
Troov grants the User a user license strictly limited to access and personal use of the Platform Services for his personal use. It is forbidden for the User to reconstitute in whole or in part or to help a third party to reconstitute all or part of the Site and / or the Platform and / or their elements, in particular for the purpose of offering comparable services. in the service.
- Confidentiality and protection of personal data
As part of the use of the Services and / or the Platform, Troov collects and processes certain personal data of 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
- Applicable law and competent jurisdiction
These T&Cs and the resulting operations 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 option 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 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 Electronic 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 lost or found items
- Special provisions applicable to the lost/found property management service:
Troov offers a Service (the “Lost and Found 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 item (the “Finder”). Another goal of the Lost and Found service is to help Heads in the Air replace a lost item they cannot find and prevent loss of items by providing every 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 a declaration of loss or theft of administrative documents) and/or private services (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 objects;
• The exchange of private messages between those who lose objects “the Heads in the air” and those who find the objects “the Troovers” 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 Troover according to the procedures set by the Platform;
• In the event of a Match, the sending by Troov’s partners of the object found to the address chosen by the “Head in the Air” if the latter so requests; And…
• Put the “Tête en l’air” in contact with professionals likely to help him in his efforts, whether to avoid the loss of objects, to help him find his lost objects or to replace them.
- Price of the lost and found service:
The creation of a User account on the Platform as well as the posting of an announcement concerning an object found or lost by a Head in the Air or a Troover are free for consumers. For professionals, the Price is set by their license agreement binding them to Troov.
However, the Platform offers Users several additional paid services, such as putting them in touch with professionals as part of the Tête en l’air approach, or sending the object found to the address chosen on the Tête en l’air. the air . Each of these ancillary services is subject to additional and specific conditions which may depend on the different Troov partners who provide these services.
Finally, if the lost object has been deposited with a public service for the management of lost and found objects, the Tête en l’air may be required to pay costs in accordance with the regulations in force, such as custody costs .
The Other Services are free for the User unless otherwise indicated on the Platform when accessing said Other Service.
- The reward mechanism applicable to the lost and found service
In the event of a Match, a voucher may be offered to the Troover (the “Reward”), as described below once the Platform has integrated this functionality.
When he puts an ad online, the Head in the air will set the amount of the reward associated with it. In the event of a Match, Tête en l’air will pay a sum of money via the Platform (a total amount equal to the Reward and Troov management fees). After confirmation from the Head in the Air received via the Platform that the object found by the Troover has been delivered to the Head in the Air, and after deduction of the management fees by Troov, the balance is returned to the Troover in the form of a Voucher .
The sole purpose of the Reward is to thank the Troover for his efforts, and he can freely renounce it, in which case Troov can keep the amount to cover his management costs and improve his platform.
- The special responsibility of the lost and found department:
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. Therefore, Troov assumes 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 the announcements of objects 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 correspondence between a lost object announcement and a found object announcement, and it is up to the User to verify the validity of this correspondence by any appropriate means. To help Users in this task, Troov provides online advice, particularly in the form of questions that can be asked before returning an object, and which are the result of its experience and that of Users. These tips are available in his FAQ, the Troov Academy (video tutorials) and on his blog.
Troov does not intervene in the conservation and return of the objects and cannot therefore be held responsible for the state of conservation of the objects or for any deterioration thereof.
- Moderation and removal of advertisements:
In order 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 site’s content. . an ad that:
• Contains identification elements likely to affect the security of a User;
• Contains identifiers that do not comply with GDPR personal data regulations (for example: social security number, data on race, ethnic origin, political opinion, trade union membership , religious or philosophical beliefs, sexual orientation or health data);
• would violate the laws and regulations in force or the T&Cs;
• Is suspected of being 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 deems suspicious or fraudulent, Troov reserves the right to (i) remove the advertisement from the Site, (ii) immediately close the account at the origin of the advertisement and/or the behavior in question, and (iii) report the fraudulent acts observed or suspected to the police or gendarmerie services.
Troov will make its best efforts to ensure the moderation of 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 they observe.
- Obligations of the User of the lost and found service:
The User of the Lost and Found Service undertakes not to make any fraudulent use of the Platform, such as in particular the posting of false found objects, 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 stores in excessive numbers 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 authorized to report to Troov any advertisement or behavior of other Users that he or she deems suspicious or fraudulent, via our email address contact@troov.com.
The User of the Lost and Found Service undertakes to immediately remove any advertisement that he has posted 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 which he would have returned to its owner.
The User of the Lost and Found Service undertakes to (i) keep his advertisements up to date, in particular in the case of a found object that he no longer rubs off to ensure the follow-up of his deposit with a third party or manager of the public service lost and found items, as well as (ii) provide as much detail as possible about the lost or found item to facilitate the match.
By posting an advertisement for the Lost and Found Service, the User grants Troov a free and transferable license to use the content of the advertisement so that Troov may publish the advertisement on various online media that facilitate the search for lost objects. This license includes a right of duplication, access, conservation, transmission and / or distribution to the public, and in particular via the social networks used or not by the User.
The User guarantees to Troov that the advertisements it publishes cannot in any way constitute an infringement of the intellectual property rights of a third party. If Troov is prosecuted or sentenced following an act of infringement committed by a User, the latter will bear all the costs invoiced to Troov, including the costs of its defense.
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Special provisions applicable to the Troov Ton Créneau (TTC) service
- Description of the Troov Your Slot service:
Troov offers you the Troov Ton Créneau Service, an appointment booking service allowing you to reserve a day and time to visit a place that uses Troov to receive its visitors by appointment (hereinafter the “TTC Service”) .
This TTC Service cannot under any circumstances guarantee entry into the decision-making location, which is solely the responsibility of the manager of this location.
- Price of the Service including VAT:
The creation of a User account on the Platform and the use of the TTC Service is free for consumers. For professionals, the Price is set by their contract binding them to Troov.
- Special responsibility for TTC service:
Troov makes its Site and its Platform available to Users and places open to the public to allow their visitors to reserve time slots in compliance with the regulations applicable to access to their places open to the public.
Under no circumstances can Troov be held responsible for the respect by these managers of places open to the public of their obligations towards the public or for the fact that the User will be welcomed in accordance with his reservation, that the manager of the place cancels the reservation or is unavailable. to welcome the visitor or deny him entry.
Obligations of the user of the TTC service:
The User of the TTC Service acknowledges that the making of 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.
It is also forbidden to transfer its reservations to third parties for free or for remuneration. The User who does not honor the appointments made may have his account blocked from the second appointment not honored.
