Simplified joint-stock company with 5,538,91€ in capital
40, rue de l’Arsenal, 33000 Bordeaux
819 435 744 RCS Bordeaux
Mr. Hakim BAKA
You can contact the company by email at [email protected].
Google Cloud Platform
Gordon House, Barrow Street
Dublin 4, Irland
PERSONAL DATA PROCESSING
Terms and Conditions
In effect as of August 24th, 2019
These Terms and Conditions (these “Terms and Conditions”) govern the use of the GEEV platform (the “Platform”), available through the mobile application on Google Play or on the Apple Store (collectively referred to as the “Application”), or directly on the website at the following address geev.com (the “Website”).
These Terms and Conditions are available to Users from the Website and within the Application.
All Users declare that they are aware of and have accepted these terms and conditions before any use of GEEV.
- Purpose of the Terms and Conditions
- Signing up
- Personal data
- Intellectual Property
- The Company’s Liabilities
- Various Stipulations
- Governing Law and Jurisdiction
“Advertiser” refers to all Users who advertise a Donated Item, let others know about an Abandoned Item or indicate a Requested Item.
“Application” refers to the Android© or Apple© GEEV mobile applications, that can be downloaded from Google Play or the Apple Store respectively, which allow users to access the Services.
“Credits” refer to virtual credits (or “Bananas” within the Platform) given to Users and allowing them 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 Platform.
“Item” refers to all Donated Items, all Requested Items, and/or all Abandoned Items.
Items can be food or not and will be presented in the “Objects” or “Food” section of the Platform depending on its nature.
“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 edible goods 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 Platform.
“Donated Item” refers to all objects and/or edible goods that their owner wants to donate on the Platform.
“Platform” refers to the Application and/or the Website interchangeably.
“Service” refers to the service offered to all Users of the Platform, allowing them to advertise a donation, mark an item as available for pick-up, to make requests or to respond to classifieds.
“Website” refers to the GEEV website, available at this URL geev.com, which allows Users to access the Service.
“Company” refers to the company GEEV, a Simplified joint-stock company that possesses 5,538,91 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 users (individuals of legal age) of the Platform or Services and includes all visitors.
2. Purpose of the terms and conditions
In using the Platform, all Users accept these Terms and Conditions without reservation and confirm that they are a private person of full age and capability.
These Terms and Conditions apply to all Users.
The Company reserves the right to modify these Terms and Conditions. They will be 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 Platform.
Users have two 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 will be transmitted to the Company, as well as their email address.
The User is solely responsible for their account and how it is used.
When creating an account on the Platform, the User accepts these Terms and Conditions.
4.1 Description of the features
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,
- Signalling an Abandoned Item,
- Viewing Item and searching by certain criteria,
- Saving searches for Items with particular characteristics,
- Instant messaging between a User and an Advertiser,
- Completion of specific tasks to increase their Level.
4.2 Publishing a classified advertisement
All Users may publish an advertisement offering to donate one or more Donated Items that they own or signalling an Abandoned Item.
The Item concerned is localized and described by the Advertiser. The Advertiser can publish one or several photos in the advertisement.
In 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 non-food Items are published for a maximum of 90 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 90 days.
In 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 Picking up an Item
All Users have access to a list of Items, their descriptions and images, and to the Advertisers’ profiles.
A User with sufficient credits who is interested in an Item, can contact the Advertiser directly using the chat to let them know that the User has an interest in their Donated Item or to know the exact location of an Abandoned Item.
The Advertiser has real-time access to the list of Users interested in the Donated Item they are offering and can organize pick up of a Donated Item with the User of their choosing.
4.4 Searches and 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 Platform.
Users can program up to five 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 is available on the Platform.
A gaming element allows Users to collect badges for various accomplishments on the Platform and accumulate Credits.
The Company reserves the right, without warning, to modify the conditions for being awarded badges and/or Credits, to improve the User experience and the feeling of community among Users.
5.1 Using credits
Credits allow Users to respond to an advertisement for a Donated Item or to know the exact location of an Item marked as abandoned. Each action consumes 1 Credit.
Users can see how many credits they have available from their profile.
The Credits have no monetary value and cannot be exchanged for anything from the Company. They should not be used as digital currency or outside the Platform.
Credits can be used only once and cannot be retrieved once they have been used. They are attributed to Users in the following ways:
- All new Users will receive 3 Credits after signing up,
- Users earns 2 Credits each time one of their Donated Items is actually given away through the Platform, subject to the double confirmation of both the donator and the taker directly through the Platform (using dedicated buttons),
- Users can buy Credits, as stated in Article 5.3 of the current Terms and Conditions,
- Users can be entitled to additional Credits when subscribing to our paid offers (“Geev Plus” subscriptions), as stated in Article 5.3 of the current Terms and Conditions.
All Credits, if not used, regardless of how they have been attributed, either through the gaming system, or through a paid offer, are valid as long as the User has an active account on the Platform. In case of early termination, as stated in article 8.3 of the current Terms and Conditions, all Credits will be lost, regardless of how they have been attributed, either through the gaming mechanism of through a paid offers. A subsequent new account creation won’t allow to retrieve the lost Credits.
5.2 Levels and badges
Users can increase their level by completing certain actions, and notably by donating items through the Platform. 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 increase your level by following this link: https://support.geev.com/hc/en-us/articles/360004374391-Levels-on-GEEV
Find out how badges work by following this link: https://support.geev.com/hc/en-us/articles/360004321532-Badges-on-GEEV
Users can see their level and badges in their profile.
5.3 Paid offers
The User can subscribe to the following paid offers:
- Paid subscriptions (“GEEV Plus”), giving them the right to certain benefits, and notably additional Credits,
- Purchase of Credits.
Purchased Credits and Credits attributed through paid subscriptions, if not used, are valid as long as the User has an active account on the Platform. In the event of an early termination of the account pursuant to Article 8.3 below, the deletion of the User’s account will result in the definitive deletion of the Credits purchased, without compensation of any kind. The User will not be able to recover the lost Credits, if they sign up for a new account.
6. 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.
7. 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 Platform 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.
8. Liabilities and commitments
The Services governed by these Terms and Conditions are those that appear on the Platform. 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 of following its consumption in the case of a food Item.
8.1 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 contrary to morality, 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.
Users also understand that it is strictly prohibited to use the Platform and its Services, in any way, with the intention of reselling Items.
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.
8.2 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 product
- 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.
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 Donated Food Items that have passed their date of expiration, as indicated on the 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 Food 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 at their disposal.
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 Points), is strictly forbidden and could result in the temporary or permanent suspension of the concerned User’s account.
Should a Donated Item be no longer available, the Advertiser commits to removing it as soon as possible.
All Advertisers explicitly agree not to accept any form of payment for their donation or for signalling an Item on the street.
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.
8.3 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 any specific reason. All you have to do is email [email protected] asking to delete the account. Consequently, the User’s profile will be permanently deleted. This includes the Credits earned or purchased by the User. No refund will be offered for unused, purchased Credits or for a subscription currently in progress.
When the User wishes to use the Application again, they must register for 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 8.1 and 8.2 below, or if (ii) GEEV has reasonable grounds to believe that it is necessary to do so to protect the security and integrity of the Platform, the rights of Users or third parties, for fraud prevention or investigations, or to preserve the user experience on the Platform, 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 Platform; and/or
(iii) limit your access to and use of the Platform; 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 purchased Credits or if a subscription is in progress.
8.4 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 Platform, 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.
8.5 Limitation of liability
The Company does its best to ensure delivery of the Services to Users and Advertisers and accessibility to the Platform.
However the Company does not claim any responsibility for:
- Interruptions, disruptions, momentary inaccessibility, modifications or dysfunctions on the Platform, 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 Platform,
- 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 Platform and/or its Services,
- Abnormal use or illegal exploitation of the Platform 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 Platform or Services, in the event of loss by a User or Advertiser of their password or in the event of identity theft.
9. Various Stipulations
All complaints should be sent to the company by email at the following address: [email protected].
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.
10. 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.