Terms and conditions

Legal notice

Publisher

GEEV
Simplified joint-stock company with 6.479,76€ in capital

40, rue de l’Arsenal, 33000 Bordeaux
819 435 744 RCS Bordeaux

Editor

Mr. Hakim BAKA

Contact

You can contact the company by email at [email protected].

Host

Google Cloud Platform
Gordon House, Barrow Street
Dublin 4, Irland

PERSONAL DATA PROCESSING

GEEV works hard to ensure that your personal data is protected when using our services. Our Privacy Policy explains how we handle and protect your personal data.
View our Privacy Policy.

__________________

Terms and Conditions
In effect as of August 22^th, 2022

These Terms and Conditions (these “Terms and Conditions”) govern the use of the GEEV Application (the “Application”), available through the mobile application on Google Play or on the Apple Store, or directly on the website at the following address geev.com.

These Terms and Conditions are available to Users on the Application.

All Users declare that they are aware of and have accepted these terms and conditions before using GEEV.

Definitions
Purpose of the Terms and Conditions
Signing up
Terms of Use
Credits
Paid offers
Personal data
Intellectual property rights
Responsibilities and commitments
Various Stipulations
Governing Law and Jurisdiction

1. Definitions

“Subscriber” refers to any User who has an active subscription offered by the Company.

“Adoption” refers to a User picking up an Item donated by an Advertiser

“Advertiser” refers to all Users who post a Donated Item, let others know about an Abandoned Item or post about a Requested Item.

“Application” refers to the Geev mobile applications that can be downloaded from the Apple App Store, or Android Play Store (or similar stores like the Huawei Store), or the dedicated Web App that is accessible on mobile or on a computer by going to geev.com, which allow users to access the Services.

“Bananas” refer to virtual credits that allow Users to respond to an advertisement and/or discover the address of an item marked as abandoned in the street.

“Level” refers to the User’s level, from 1 to 8, and is determined by their actions on the Application.

“Item” refers to all Donated Items, Requested Items, and/or Abandoned Items. Items can be food or not. They are shown in the “Objects” or “Food” section of the Application based on whether or not they’re edible.

“Abandoned Item” refers to all items and/or goods disposed of in the public space, with no clear owner.

“Requested Item” refers to all objects and/or food that a User is looking to have donated to them by another User and is the subject of a public request in the “Requests” section of the Application.

“Donated Item” refers to all objects and/or food donated on the Application.

“Services” refers to the services offered to all Users on the Application, allowing them to post a donation, mark an item as available for pick-up, make requests or respond to an ad.

“Company” refers to the company GEEV, a simplified joint-stock company that possesses 6.479,76 Euros in capital, whose head office is located in Bordeaux, France, and is registered at the Registry of Companies in Bordeaux under the following identification number: 819 435 744.

“User” refers to all individual users of legal age of the Application or Services and includes all visitors.

2. Purpose of the terms and conditions

These Terms and Conditions define the terms of use of the Application and Services by Users and Advertisers. They govern the relationships between Users of the Service.

By using the Application, all Users accept these Terms and Conditions without reservation and confirm that they are a capable, non-professional adult.

These Terms and Conditions apply to all Users.

The Company reserves the right to modify these Terms and Conditions. They are applicable as soon as they are put online.

3. Signing up

All Users expressly declare that they are of legal age when signing up to the Application.

The Application and its Services should only be used by individuals and not professionals. All professional uses of the Services and/or on behalf of a legal professional are strictly prohibited by these General Conditions, unless expressly authorized by the Company.

Users have three options to identify themselves when creating an account:

They can use an email address as an identifier and a password.
They can use their Facebook account and accept that data from their public Facebook profile (first name, last name, profile picture, and birthday and gender (optional) will be shared with the Company, as well as their email address.
They can use the “Sign in with Apple” option and accept that data from their Apple account (first name, last name, and e-mail address, under an alias or not) will be shared with the Company.

The User is solely responsible for their account and how it is used.

When creating an account on the Application, the User accepts these Terms and Conditions.

The terms of use for Users’ personal data by the Company are outlined in Article 7 of these Terms and Conditions.

4. Terms of use

4.1 Feature description

All Users will have access to the following features under the terms described in these Terms and Conditions:

Publishing an advertisement for a Donated Item or Requested Item,
Flagging an Abandoned Item,
Viewing an Item and filtering by certain criteria,
Saving searches for Items matching their search criteria, with the possibility of receiving a notification if new Items matching their search become available on the Application (only available for the Apple or Google mobile applications, not the Web App),
Instant messaging between a User and an Advertiser,
Following ads posted by other Users,
Completion of specific tasks to get Bananas.

4.2 Publishing an advertisement

All Users may publish an advertisement offering to donate one or more Donated Items that they own or signaling an Abandoned Item.

The Item concerned is localized and described by the Advertiser. The Advertiser can publish one or more photos in the advertisement.

By publishing an advertisement, all Advertisers declare that they own the concerned Donated Item and commit to giving the Item the most accurate description possible.

All ads for Donated food Items or other Items are published for a maximum of 30 days. Ads for Abandoned Items are published for 12 hours. Donated Food Items are published until the Item described by the User reaches its expiration date, for a maximum of 30 days.

By publishing an advertisement, all Users expressly accept that the content of the advertisement will be used by the Company for communication purposes or may be duplicated on the Company’s website.

4.3 Messaging about ads

All Users have access to a list of Items, their descriptions and images, and to the Advertisers’ profiles within the rules described in article 5.2 and excluding the exceptions below.

If they would like to contact an Advertiser, the User must create an account on the Application and respect the following conditions:

Ads for Donated Items that has been live for less than 48 hours

If an ad has been live for less than 48 hours, a User who wishes to contact an Advertiser via the chat in the Application must be (i) subscribed to Geev Plus or (ii) use a Banana (assuming that they have a positive number of Bananas available). Once the initial contact is validated, the Banana is considered used and may not be returned to the User under any circumstances, regardless of the outcome of the conversation.

Exclusive ads

Some ads marked as “Exclusive” are only available to Geev Plus subscribers. These ads are distinctly labeled using an “Exclusive” label that appears on the image of the ad.

Advertisements are automatically labeled as “Exclusive”based on criteria determined by the Company. The Advertiser expressly acknowledges and accepts that their advertisement may be labeled as “Exclusive” by the Company.

Access to the Advertisers’ profile for “Exclusive” ads is also reserved for Geev Plus subscribers.

Ads for Donated Items that have been live for more than 48 hours

All Users with a Geev account can contact an ad for a Donated Item that has been live for more than 48 hours. They do not need a subscription and won’t lose a Banana. These ads have a “Banana-free” label on the image of the ad.

Ads for Abandoned Items

A User who wishes to discover the location of an Abandoned Item must be (i) subscribed to Geev Plus or use (ii) a Banana.

Ads for Requested Items

Ads for Requested Items can be freely contracted by any User with an account.

For each case above, the number of Adoptions per User is defined and limited according to the framework in article 5.2.

4.4 Adopting an Item

Through its Application and chat system, the Company connects Users in order to facilitate the exchange of Donated Items or Requested Items.

The Company cannot under any circumstances guarantee that the exchange will take place.

Users remain solely responsible for the conditions under which they make the exchange.

4.5 Saved searches

All Users can search by category or by keyword to see if an Item that matches what they’re looking for has been donated or marked as abandoned on the street on the Application.

Users can have up to twenty saved searches at a time seeking Items with certain characteristics. The saved searches allow users to search more easily and know whether the Item they’re looking for is available on the Application. A User can also choose to receive a notification when an Item matching their search becomes available.

4.6 Following a User

All Users have the option of following other Users using the “Follow” feature on each User’s public profile. This way, they’ll be notified every time the Users they follow post a Donated Item.

The profiles followed can be found under “Favorite Geevers” in the “Profile” section.

Followed Users’ ads can also be viewed by using the filter tool and selecting the “Favorite Geevers” filter. Lastly, it is possible to ask to be notified when a followed User posts a new ad.

All Users with a Geev account and who use the Service expressly accept that other Users can follow their profile without their consent.

4.7 Blocking a user

All Users can block other Users, which prevents blocked Users from contacting them via Geev’s chat. Blocked Users will still be able to see the profile and ads of the User who blocked them, however, they will not be able to contact the User via Geev’s chat (this is true for both the User who blocked another User and the blocked User).

Blocking a User is reversible.

Profiles you’ve blocked can be found in the “Blocked Geevers” section under the “Profile” section.

Any misuse of this feature by a User, especially use that goes against the spirit of community and mutual respect encouraged by the Company when using its Service, may lead to a temporary suspension or termination of the User’s account, according to the conditions described in article 9.3 of these Terms and Conditions.

5. Credits

A gamification element allows Users to collect badges for various accomplishments and accumulate Bananas.

The Company reserves the right, without warning, to modify the conditions for being awarded badges and/or Bananas, to improve the User experience and to foster community among Users.

5.1 Using bananas

Bananas allow Users to respond to an advertisement for a Donated Item or to reveal the exact location of an Item marked as abandoned. Each action requires 1 Banana.

Users can see how many Bananas they have available from their profile.

Bananas have no monetary value and cannot be exchanged for anything from the Company. They should not be used as digital currency or outside the Application.

Bananas can be used only once and cannot be returned once they have been used. Users can obtain them in the following ways:

All new Users receive 10 Bananas after signing up;
Users earn 2 Bananas each time they give away one of their Donated Items through the Application, subject to the confirmation of both the donor and the receiver directly through the Application (they cannot be the same person);
Users can also get Bananas by referring friends or by being referred to the Application;
Users can buy Bananas, as stated in Article 6 of these Terms and Conditions,
Users can respond to surveys in the Application via the “My bananas” section if surveys are available (the availability of this feature is at the Company’s sole discretion);
Users can also take advantage of special offers from the Company including contests that allow them to win Bananas among other prizes

All unused Bananas, regardless of how they have been acquired, are valid as long as the User has an active account on the Application. In the event of an early termination, as stated in article 9.3 of these Terms and Conditions, the deletion of the User’s account will result in the permanent deletion of all the User’s Bananas without compensation of any kind, whether they have have been obtained through the User’s actions on the Application or whether they have been purchased. If the User creates a new account later, they will not be able to recover the lost Bananas.

Referring a friend

Referring a friend through the Application is done exclusively using a referral code attached to the User account. It is accessible in the “Referral code” section of the “Profile”.

The User referring a friend will earn a Banana when the latter’s account is created. They will also earn an additional Banana when the referred User confirms their first donation on the Application.

5.2 Rules about number of adoptions

As long as they respect the rules in these Terms and Conditions, Users can use the Application for free for the following purposes:

Publishing ads and giving away an unlimited number of items
Adopting up to 5 Items per month (60 Items per year), with the exception of food posted in the Food section
Adopting an unlimited number of food Items

After adopting their fifth Item in a given month, Users will no longer be able to contact others about their ads. They will be able to start contacting others again at the beginning of the following calendar month.

Those who are subscribed to Geev Plus can adopt more than 5 Items per calendar month, as long as they respect the Terms and Conditions. There is a limit of 30 Item adoptions per calendar month for the duration of their subscription. After adopting their thirtieth Item in a given month, Geev Plus subscribers will no longer be able to contact others about their ads. They will be able to start contacting others again at the beginning of the following calendar month.

Those subscribed to Geev Unlimited can adopt an unlimited number of Items for the duration of their subscription, as long as they respect these Terms and Conditions.

5.3 Levels and badges

Users can advance their level by completing certain actions, and notably by donating items through the Application. Existing levels are as follows:

Level 1 “Baby Geever”
Level 2 “Little Geever”
Level 3 “Teenage Geever”
Level 4 “Adult Geever”
Level 5 “Strong Geever”
Level 6 “Super Geever”
Level 7 “King of the Geevers “
Level 8 “God of all Geevers”

See how to advance a level here: https://support.geev.com/hc/en-us/articles/360004374391-Levels-on-GEEV

Find out how badges work here: https://support.geev.com/hc/en-us/articles/360004321532-Badges-on-GEEV

Users can see their level and badges in their profile.

6. Paid offers

The Company may promote various paid offers via the Apple App Store or the Google Play Store (depending on your device) or via the Web App (payable through Stripe).

The User can purchase following paid offers:

Paid subscriptions (“Geev Plus” or “Geev Unlimited”), giving them the right to certain benefits listed below,
Purchasing Bananas

6.1 Purchasing a Paid Subscription

The payment is due upon agreeing to the contract for the duration of the subscription.

Subscriptions are recurring and auto-renew, which means your payment method will be charged every billing period until you cancel the subscription. After you commit to an initial subscription period, and after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period, at the price you agreed to upon subscription.

All fees associated with the purchase are non-refundable and no credits or refunds are available for a partial contract.

In the event of an account deletion, pursuant to article 9.3 below, the deletion or suspension of the User’s account will result in the loss of the benefits linked to the subscription, without a refund. In addition, the deletion or suspension of the User’s account does not result in the automatic cancellation of their subscription. In this case, the User remains solely responsible for canceling their subscription according to the cancellation procedure described below.

Free trial
The Company may offer free trials for their subscriptions. The Subscriber’s banking information is collected by the Apple App Store, the Google Play Store or by our payment partner, Stripe. However, there is no charge for the free trial. In order to avoid charges, the Subscriber must cancel the subscription before the free trial ends. If they fail to do so before the trial ends, they will be charged for the first subscription billing period without the possibility of a refund from the Company.

Canceling a subscription
A Subscriber can cancel their subscription any time. The payment for the current subscription period remains due upon cancellation.The cancellation is effective as of the end of the current subscription period. The Subscriber can enjoy their subscription and the associated premium services until the end of the current subscription period and until the cancellation is effective.

The cancellation procedure is here: https://support.geev.com/hc/en-us/articles/360018220392-How-do-I-cancel-my-Geev-Plus-subscription-

6.2 Purchasing Bananas

Bananas purchased in the Geev store are valid as long as the User has an active account on the Application. If the User deletes their account, as stipulated in article 9.3, their Bananas will also be deleted, without any compensation for the User. If the User signs up for a new account in the future, they cannot recover their lost Bananas.

6.3 Payment for paid offers

Payments are processed and collected by the Apple App Store, the Google Play Store (depending on your device) or through our payment partner, Stripe on the Web App. Banking information will only be used for the purposes of collecting recurring payments by card. Banking information is saved by the Apple App Store, Google Play Store or by our payment partner, Stripe. The Company does not collect or have access to this data.

7. Personal data

The Platform has been the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL).

In accordance with law 78-17 of January 6 1978 concerning data, files, and freedoms, all Users have the right to access, modify, rectify or delete any data concerning them.

The Company has a Privacy Policy that describes how personal data is processed and protected. It is available here: https://corporate.geev.com/privacy-policy/ .

8. Intellectual property rights

The GEEV trademark, as well as all other trademarks figurative or otherwise, and more generally all other trademarks, illustrations, images, or logos that appear on the Application are owned by or licensed to the Company by its partners.

Any full or partial reproduction, modification, or use of these trademarks, illustrations, images and logos, for any reason, without the consent of the Company is strictly prohibited.

9. Liabilities and commitments

The Services governed by these Terms and Conditions are those that appear on the Application. It is the Advertiser’s responsibility to display and describe the Items. The Company will only be held liable for errors and omissions in the case of gross negligence.

The Company will not be held responsible for any indirect harm a User of the Service might suffer during an activity involving an Item, because of its condition or following its consumption in the case of a food Item.

9.1 The user’s commitments

The User declares and warrants that they are not breaking any regulations in force, nor infringing on any third-party rights, when using the Services. Users will not behave in a manner that is immoral, insulting, or degrading to others.

The User asserts that their personal account is free of:

Inaccurate or misleading information
Information that may infringe on the rights of others

The User accepts that they are solely responsible for the information provided when creating a personal account.

The User is aware of and accepts that the Company can delete an account that violates French law or these Terms and Conditions, at any moment without warning.

9.2 The advertiser’s commitments

The Advertiser declares and warrants that they are not breaking any regulations or infringing on any third-party rights when publishing an advertisement.

In addition, Advertisers commit to publishing advertisements that do not contain:

Any mention of an illicit or pharmaceutical products
Any hyperlinks redirecting Users to an external site not operated by the Company
Any false or misleading information
Any mention likely to infringe the rights and / or the image of the Company or any third party
Any promotional materials linked to the Advertiser’s activities.

In general, any information that does not have to do with the Donated Item, Requested Item, or Abandoned Item, or with the terms associated with a donation or picking up an Item, are not allowed on the Application.

The Advertiser also accepts that all advertisements must adhere to the Service’s rules, which can be found here: https://support.geev.com/hc/en-us/articles/360004332551-What-you-can-and-cannot-donate-on-GEEV

Ads for Food Items:
The Advertiser agrees not to post expired Donated Items, as indicated on the food Item’s packaging. They agree to provide the exact date of expiration for the Item in the ad creation form. Further, they agree not to post a Donated Item, when they have doubts about its expiration date.

The User also agrees to follow the rules defined by the Company and available at the following link when posting an ad for a food Item: https://support.geev.com/hc/en-us/articles/360000763111-Authorized-and-prohibited-food-on-GEEV

Finally, the User agrees to only offer food Items that have been transported, stored and handled correctly, especially with regard to the cold chain.

The Advertiser vows to only post advertisements for Donated Items that are available. If they become unavailable, the Advertiser must remove the ad immediately.

In particular, any classified advertisement posted without the intention of actually giving away the item to a third party (for example, to fraudulently increase your Level or number of Bananas), is strictly forbidden and could result in the temporary or permanent suspension of the concerned User’s account.

All Advertisers explicitly agree not to accept any sum of money or payment of any kind in return for their donation.

The Advertiser recognizes and accepts that they are solely responsible for the content (including editorial) of the advertisements that they publish and make available to Users, as well as any documentation or information that they give to Users.

Thus, the Advertiser expressly relieves the Company and its affiliates of all liability, guarantees them against any recourse or action that may be brought against them by a third party concerning an Advertisement that they published, and will bear all the damages, costs and expenses to which it could be condemned or that would be stipulated against it in a transactional agreement, without prejudice. Furthermore, the Advertiser recognizes the right of the Company and its affiliates to claim compensation from the Advertiser for these damages.

When posting any announcement, the Advertiser acknowledges and agrees that the Company may refuse or cancel it at any time without compensation, in particular any announcement that would be contrary to applicable laws or regulations or to these Terms and Conditions.

9.3 Suspending, terminating and/or limiting access to an account

You may end your contractual relationship with GEEV any time, without incurring fees and without giving a specific reason. The User can request the deletion of their account and data directly through the Application following this procedure: https://support.geev.com/hc/en-us/articles/4404470316306-How-to-delete-my-Geev-account You can also contact Geev by email: [email protected] to delete your account.

Consequently, the User’s profile will be permanently deleted. This includes the Bananas earned or purchased by the User. No refund will be offered for unused Bananas or for a subscription currently in progress. Subscribers remain solely responsible for the cancellation of subscriptions in progress. The Company will not offer any refunds in the event that the User is charged for a subscription renewal after deleting their account.

If the User wishes to use the Application again, they must create an account and agree to the same conditions as their initial sign up. The User will not be able to reactivate their previous account.

Should you (i) breach these Terms and Conditions, in particular your commitments as a User or Advertiser as mentioned in articles 9.1 and 9.2 above, or if (ii) GEEV has reasonable grounds to believe that it is necessary to do so to protect the security and integrity of the Application, the rights of Users or third parties, for fraud prevention or investigations, or to preserve the user experience on the Application, the Company reserves the right to:

(i) terminate, immediately and without warning, these Terms and Conditions; and/or
(ii) prevent the publication of or delete all notices, advertisements, messages, or all content published by the Users or Advertisers on the Application; and/or
(iii) limit your access to and use of the Application; and/or
(iv) temporarily or permanently suspend your account.

When necessary, you will be notified that these measures have been put in place, in order to provide you with an opportunity to offer an explanation to GEEV. The Company will decide, at their sole discretion, whether to lift these measures or not. If an account has been permanently deleted, no refund will be offered for unused Bananas or if a subscription is in progress.

9.4 Geev’s responsibilities and obligations

The Company can in no way be held responsible for the content of advertisements published by Advertisers and gives no warranty, express or implied, in this regard.

The Company is a third party to correspondences and relationships between Advertisers and Users, and therefore assumes no liability in this regard.

However, the Company may monitor the messages exchanged between Users through the instant messaging service on the Application, in particular for the purposes of fraud prevention, improvement of its services, user assistance, or to verify that Users are respecting these Terms and Conditions. For example, to prevent an Advertiser from claiming compensation of any kind, the Company allows itself to browse and analyze messages exchanged via messaging.

However, the Company never reviews your communications with other Users for promotional or targeted advertising purposes.

9.5 Limitation of liability

The Company does its best to ensure delivery of the Services to Users and Advertisers and accessibility to the Application.

However the Company does not claim any responsibility for:

Interruptions, disruptions, momentary inaccessibility, modifications or dysfunctions on the Application, no matter the communication medium or their origin and source, especially with regard to technical problems,
The loss of data or information stored by the Company. It is the Advertiser’s responsibility to take all precautions necessary to maintain the Advertisements that they publish on the Application,
Direct or indirect damages, of any nature, incurred by the User or the Advertiser, as a result of the content of an advertisement and/ or access, management, use, exploitation, dysfunction and/ or the interruption of the Application and/or its Services,
Abnormal use or illegal exploitation of the Application and Services by any User or Advertiser,
Attacking or hacking, deprivation, suppression or banning, temporarily or definitely, and for any reasons, of the Internet network.

The Company is only liable for direct damage suffered by a User, resulting from a breach of its contractual obligations as defined herein.

Therefore, Users and Advertisers waive the right to seek compensation from the Company, for any reason, for indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, the increase of overhead expenses or the losses having their origin or being the consequence of the execution of the present ones.

Users and Advertisers are thus solely responsible for damages to third parties and the consequent claims or actions that may result. The User also waives any right of recourse against the Company in the case of third-party proceedings against the Company as a result of the use and / or unlawful exploitation of the Application or Services, in the event of loss by a User or Advertiser of their password or in the event of identity theft.

10. Various Stipulations

10.1 Complaints

All complaints should be sent to the company by email at [email protected].

10.2 Nullity

If any of the stipulations in these Terms and Conditions prove to be null or invalid by law, regulation, or as a result of a decision made by a competent court, the stipulation in question will be deemed unwritten without affecting the validity of the others.

11. Governing law and jurisdiction

These General Terms and Conditions are subject to French law.

The client should send any claims or disputes by registered mail, with acknowledgement of receipt, with the aim of finding an amicable solution to the problem. Should an amicable agreement be impossible to reach, all claims or disputes may be brought to any competent court.