Terms of use

Last updated on 01/07/2025

Preamble

The purpose of these General Terms of Use (hereinafter the "GTU") is to determine the conditions of access and rules of use under which the Site offers access to several online services accessible via the following link: https://equans.reuse.corner.mytroc.pro/

Access to the Site is subject to compliance with these GTU. Access to the Site is strictly reserved for the User as defined in these GTU.

When first accessing the Site, a window containing the GTU will appear, and the User must accept them by checking the box: "I have read the GTU in their entirety and I accept them." The Publisher reserves the right to unilaterally modify or update these Terms and Conditions at any time, based on changes or additions, in particular to comply with any legal, jurisprudential, editorial, and/or technical developments, as well as any possible modifications to the general terms and conditions of use of the Host's services.

The User must regularly consult the latest version of the Terms and Conditions, which is permanently available on the Site.

If the User does not accept the Terms and Conditions, the User will not be able to access the Site.

Definitions

In these Terms and Conditions, words or expressions beginning with a capital letter shall have the following meanings:

Account: refers to the space created by the User to access the Site.

Cookie(s): refers to computer files stored on the hard drive of the User's computer.

Publisher: refers to MyTroc, a simplified joint-stock company with a capital of €3,134, whose registered office is located at 1 rue du Docteur Labbe - 75020 Paris 20 and registered with the Paris Trade and Companies Register under number 812 051 332.

Host: refers to OVH, with which MyTroc, the service provider responsible for the development and management of the Site by the Publisher, has entered into a hosting agreement for the Site.

Information: refers to all information and publications accessible on the Site.

Contribution(s): refers to all comments and/or content that Users may publish on the Site.

Site: refers to the site offered by the Publisher on the Internet and/or Intranet at the address https://equans.reuse.corner.mytroc.pro/

User(s): means a member of your community who has access to the Site after creating an Account, regardless of their location or login details. No User may transfer or donate property that they cannot legitimately use for professional purposes.

Taker(s): means any User who accepts, in the name and on behalf of your community, through the Site, an offer to donate or transfer property proposed by any other User.

Transferor(s): means any User who, in the name and on behalf of your community, donates or transfers property through the Site to any other User. Administration: refers to...

Purpose of the Site

The purpose of the Site is to provide Users with a connection service to promote, in accordance with the conditions detailed in Article 3 of these Terms and Conditions, the donation and transfer of new or used items for internal use within your community and exclusively for professional purposes, with a view to maximizing their reuse, and thus limiting waste and the cost of purchasing new items.

All use of the Site will be in compliance with these Terms and Conditions.

Access and Use of the Site

Access to the Site

The Site can be accessed from a computer, tablet, or smartphone connected to a telecommunications network using the communication protocols used on the Internet.

To access the Site, the User must create an Account in accordance with the provisions of Article 6 of these Terms and Conditions. All Users access the Site by entering their professional email address and password. The Publisher grants the User the right to view, use, and access the Site's Information.

Access Cost

Access to the Site is free and does not require a subscription. All software and hardware required for the use or operation of the Site, Internet access, and communication costs are the sole responsibility of the User outside of their workplace.

Each User is solely responsible for their own login information. Unless proven otherwise, any connection to the Site or transmission of data made using the User's login information will be deemed to have been made by the User.

Accessibility Duration

The User's access to the Site is for an unlimited period, without prejudice to the right of the User or the Publisher to terminate unilaterally at any time, without notice, reason, or compensation. The User acknowledges that, in the event of a violation of the legislative provisions and/or these T&Cs, the Publisher may block and/or terminate access to the Site, without prior notification, with immediate effect.

Use of the Site

Terms of Publication and Acceptance of the Offer

To create an advertisement, the User must complete a form specifying, in particular, the nature (donation or transfer), category, condition, purpose, and any other characteristics of the Offer. In this context, the User agrees to provide accurate, truthful, up-to-date, and complete information. The User agrees to perform all validations, verifications, and provide all necessary details so that the description and elements of the Offer are accurate and do not mislead other Users.

The applicant may, however, make a counter-offer.

The offeror and the applicant agree on the place and date of delivery of the donation or transfer.

The User agrees to maintain their offer for a reasonable period of 3 days.

After this period, the User may withdraw their Offer without compensation, fees, or charges. By registering, the User agrees that other Users may contact them by email or telephone.

Purpose of the Offer

No User may transfer or donate goods that they cannot legitimately use for professional purposes. The User's acceptance of the Terms of Use constitutes an undertaking to only offer goods that they can use.

Only legally compliant Items/Products may be donated or transferred on the Site.

The Offer may only concern goods that the User can legitimately use for professional purposes.

The User guarantees, in particular, that no dispute or legal proceedings are pending or about to be brought regarding the goods included in the Offer.

This excludes certain goods, such as:

• - Medicines
• - Live animals
• - Foodstuffs
• - Road or rail vehicles
• - Weapons and ammunition
• - Copies of physical or digital books, video games and music, software, and more generally any content protected by copyright
• - Electrical or electronic equipment that has not been subject to prior data erasure in accordance with the IT security rules applicable within the Administration
• - Chemical products subject to a safety data sheet by the REACH regulation (Regulation No. 1907/2006 of December 18, 2006) and the French Labor Code
• - Items withdrawn from the market at the initiative of the manufacturer or an administrative authority
• - Non-hazardous and hazardous waste within the meaning of Article L541-1 of the Environmental Code
• - Administrative items of heritage value

The prohibitions are set out in the User Charter.

Price

No specific price constraints.

User Obligations

General Obligations of the User

The User is prohibited, in particular, from:

• - using the Site for commercial purposes and, in general, from offering products and services that remunerate them directly or indirectly;
• - from "reselling" or making the content of the Site available to a third party and/or other Users, for a fee and/or free of charge;
• - from using the Site to send, in any form whatsoever, unsolicited advertising or promotional material;
• - from directing Internet users indirectly or directly, in particular through hyperlinks, to other websites that may not comply with French law or the provisions of these Terms and Conditions.

Distribution of Obligations Between Transferor and Transferee.

The Lessee shall ensure, at its own expense and under its own responsibility, the removal and transportation of the transferred or donated goods from the place of provision agreed between the Transferor and the Lessee, using its own resources or a service provider it has commissioned.

The Lessee undertakes to use them normally and in accordance with the general conditions of use and shall assume responsibility for them upon the signing by the Transferor and the Lessee of a slip noting the date and place of transfer of custody of the transferred or donated goods.

The Lessee shall be required to use the transferred goods exclusively for professional purposes.

If, after the donation or transfer, the goods become waste within the meaning of the Environmental Code, it is the Lessee's responsibility to ensure their treatment in accordance with the regulations.

Site availability

The Publisher makes its best efforts to ensure that the Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the Publisher's control.

The Publisher reserves the right to suspend, interrupt, or limit access to all or part of the Site without prior notice, including for maintenance and update operations necessary for the proper functioning of the Site and related hardware, or for any other reason, including technical reasons.

The Publisher is not bound by any obligation of results regarding the availability of the Site. The Publisher is in no way responsible for interruptions or the consequences that may result for the User, particularly when the interruptions are caused by the Host for maintenance or other purposes.

The User is informed that the Publisher may terminate or modify the features of the Site at any time, without notice and without the User having any recourse against the Publisher.

Website Hosting

Users are expressly informed that the content published on the Website is hosted and stored on the server of OVH, with which MyTroc, the service provider responsible for the development and management of the Website by the Publisher, has entered into a Website hosting agreement.

Website Access Account

Account Creation

The User must create an Account to access the Website.

The User provides the Publisher with the required personal information. By completing the registration form, the User guarantees to the Publisher that they have provided accurate, truthful, up-to-date, and complete information regarding their identity and contact details.

The User agrees to regularly update all information concerning them in their profile to maintain its accuracy. In the event that the User provides objectively false, inaccurate, outdated, or incomplete information, the Publisher shall be entitled to suspend or terminate the User's Account and refuse future access to the Site.

The reason for suspension may only be communicated upon request by the User and at the Publisher's discretion.

The User agrees to create only one Account corresponding to their profile.

The User is solely responsible for any use that may be made of their passwords and identifiers (email address or other), and is solely responsible for their confidentiality, as well as for any use of their Account.

Security

The User agrees to immediately inform the Publisher of any unauthorized use of their Account, and of any breach of the confidentiality and security of their means of identification by sending a message to the following address:

If the Publisher has legitimate grounds to believe that the security of the Site is threatened or that it is being misused due to unauthorized use of the User's means of identification, it may temporarily suspend the Account, in particular to preserve the integrity of the Site, and, if deemed appropriate, require the modification of the User's means of identification.

Account Deletion

The User is free to delete their Account at any time, including in the event that the User loses their password or experiences difficulties accessing their Account, by sending a message with the contact us form

The Publisher reserves the right to deactivate a User's Account after a period of total inactivity of one year or more. However, the latter will have the option to reactivate their Account upon express request to the Publisher.

Contributions

User Contributions are moderated a posteriori by a Publisher moderator based on their compliance with French laws and regulations, for any other serious reason.

The Publisher reserves the right to delete without notice any Contribution that violates these Terms of Use or that could incur the liability of the Publisher and/or the Host in whole or in part. The Publisher may notify the User of the reasons for deleting the disputed Contribution, upon express request made by the User to the Publisher.

The User is responsible for any Contribution they post via the Site and their consequences. The Contribution that the User submits, publishes, or posts may be viewed by other Users of the Site. The User must only provide Contributions that they wish to share with others in accordance with the Terms of Use. The User agrees to publish, display, or submit truthful information and content, clearly identifying the source and author in the case of borrowing from a pre-existing work.

Furthermore, Contributions must not:

• - infringe intellectual property rights;
• - be offensive, defamatory, vulgar, discriminatory, or likely to incite violence or hatred, based on ethnic origin, politics, sexual orientation, etc.
• - contain obscene, pornographic, etc. content;
• - undermine the integrity and/or security of the Site, and in particular contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer program intended to damage or surreptitiously intercept any computer system, data, or personal information;
• - be likely to incur liability on the part of the Publisher and/or the Host by providing hyperlinks to sites or content that is illegal, infringing, or more broadly, to content that may violate applicable laws or regulations, or to sites with restricted access without the authorization of the rights holders of the content.

The User may report any content that they consider inappropriate or illegal with the contact us form.

Intellectual Property

In general, the User agrees not to infringe the intellectual property rights (copyright, related rights, sui generis rights of the database producer, trademark rights, domain names, etc.) of the Publisher and/or the Host, and/or any third party.

The Publisher holds all intellectual property rights to both the structure and content of the Site (texts, logos, images, audio elements, software, icons, layout, database, etc.) or has duly acquired the rights to use the structure and content of the Site, without any limitation.

Thus, the User is prohibited from copying, reproducing, representing, modifying, and/or exploiting, or transferring in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Site, except with the express, prior, written authorization of the Publisher. Any downloading is strictly prohibited without the express permission of the Publisher. Any abusive downloading that is detected may result in the Publisher and/or any third party taking appropriate action.

The trademarks and logos reproduced on the Site are registered with the relevant authorities by the companies that own them. Any reproduction of the names or logos, by any means whatsoever, without prior authorization from the relevant owner, is prohibited.

Failure to comply with these prohibitions may constitute an act of counterfeiting and/or unfair and parasitic competition, incurring the User's civil and/or criminal liability.

Personal Data

You can also consult the Personal Data Management Policy page.

Cookies

You can also consult the Cookie Management Policy page.

Warranties/Responsibilities

The User undertakes, when using the Site, not to violate applicable laws and regulations, proper intranet usage and netiquette, or these Terms and Conditions.

The User is informed that any violation of the provisions of the Terms and Conditions may result in legal action and sanctions.

Under the same conditions, the User also undertakes to comply with the internal rules and practices relating to the use of the Publisher's information systems and networks.

The User undertakes to act diligently to respond to any complaints.

The User is liable to the Publisher and/or third parties for any material and/or immaterial, direct and/or indirect damage of any nature whatsoever caused by the User and/or their agents in the event of use that does not comply with these Terms and Conditions.

The User guarantees the Publisher, as well as its parent, sister, or affiliated companies, representatives, employees, partners, and the Host, against any request, claim, demand, and/or recourse of any kind resulting from any violation of these provisions.

The User will indemnify them, at any time and upon first request, against any damages and/or any request, action, or complaint from third parties resulting from any violation of these provisions.

This guarantee covers any damages that may be paid, regardless of their direct or indirect origin, such as attorneys' fees, expert fees, court costs, etc.

The Publisher undertakes to make every effort to implement technical and organizational measures to protect the Information circulating on the Site.

The User nevertheless declares that they are fully aware that the data is not protected against any form of intrusion, including hacking. The User acknowledges that it is impossible to guarantee complete security of transmitted data. Consequently, the Publisher cannot be held liable for any incidents that may arise from this transmission.

It is the User's responsibility to implement all necessary means to preserve the confidentiality of transmitted data.

Each User of the Site expressly undertakes:

• - not to use any software or processes intended to copy the Site's Information without the express prior authorization of the Publisher;
• - to expressly refrain from using any software or devices likely to disrupt the proper functioning of the Site, nor to take any action likely to impose a disproportionate burden on the Publisher's infrastructure;
• - not to alter or modify, or even create derivative works from, the Site's Information without the express prior consent of the Publisher;
• - to only make short quotations, analyses, and reproductions intended for press reviews or other uses expressly authorized by law within the limits and conditions set by the law, and subject in particular to citing the names of the authors and the source;
• - not to extract or reuse, including for private purposes, without the prior written authorization of the Publisher, a substantial or insubstantial part of the content of the databases and archives created by the Site;
• - not to collect information about third parties, including email addresses, in order to use them to send commercial or equivalent solicitations, or to integrate them into a free or paid referencing or equivalent service, or to conduct competitive intelligence;
• - not to implement systems that could or would be likely to hack the Site in whole or in part, or that would violate these Terms of Use;
• - to inform the Publisher as soon as they become aware of any infringement (in particular of the Publisher's intellectual property rights), in particular any illicit or non-contractual use of the Site's Information, regardless of the distribution method used.

The User who publishes an Offer on the Site acknowledges that they are personally liable, both towards third parties and the Publisher, in the event of a violation of applicable legislative or regulatory provisions and therefore guarantees the Publisher against any disturbance, claim, or eviction whatsoever. The publication of Offers on the Site cannot under any circumstances be interpreted as a guarantee by the Publisher regarding the origin, veracity, or quality of what is offered. The Publisher shall not be held liable for the non-execution or improper execution of donations or transfers entered into between Users, or more broadly in the event of conflicts or disputes between Users.

Contact

For any questions regarding the operation of the Site and the Terms and Conditions: by email, at the following address: support@mytroc.pro

Invalidity of a clause

The invalidity in whole or in part of one or more provisions of these Terms and Conditions, under a legal or regulatory provision or a final court decision, does not entail the invalidity of the other provisions or the part of the provision not affected by invalidity.

Applicable Law - Dispute Resolution

These Terms and Conditions are subject to French law.

In the event of disputes relating to the interpretation, validity, or execution of these Terms and Conditions, the User and the Publisher agree to use their best efforts to resolve the dispute amicably.

In the event that an amicable agreement is not reached, any potential dispute relating to the interpretation or execution of these Terms and Conditions will be submitted to the jurisdiction of the courts of Paris.