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Terms and conditions

Effective August 17, 2020
These terms and conditions (the "Terms and Conditions") govern the use of the Partage platform (the "Platform"), available on the website at partage.com (the "Website").
These Terms and Conditions are made available to Users on the Website.
All Users declare that they have read and accepted the present General Terms and Conditions for any use of Partage.

1. Definitions

"Donor" means the natural person who places an Item of which he is the owner on the site for free for other natural persons.
"Receiver" means the natural person who retrieves an Item from the site free of charge.
"Partner" refers to the legal entity that offers special offers to all Users. These are companies that share our vision of sustainable consumption and have signed a partnership agreement.
"Badge" refers to a User's level from 1 to 5 - determined according to the actions carried out by this User via the Platform. The existing Badges are "Newbie", "Beginner", "Enthusiast", "Expert" and "Serial Partager".
"Item" refers to any Item given on the Platform. An Item will be presented within the Platform in the "Explorer" section.
"Offer" means any promotional offer proposed by a Partner of Partage to all Users.
" Point " designates the intermediary of exchanges between the Donor and the Receiver allowing them to give or recover an Item. These Points also allow the User to obtain Offers from our Partners.
"Platform" designates the Website.
"Service" refers to the service offered to any User on the Platform allowing them to give an Item, to recover an Item and to obtain Offers from our Partners.
"Website" refers to the Partage website, available from the URL partage.com link, allowing Users to access the Services.
"Company" means the company Partage Solutions Ltd, a private limited company, whose registered office is located in London (United Kingdom) and registered in England and Wales under the identification number 12687449.
"User" means any user, natural person of full age, individual, of the Platform or the Services including any simple visitor.

2. Purpose of the Terms and Conditions

These Terms and Conditions define the conditions of use of the Platform and the Services by Users and Donors and govern relations between Users of the Service.
By using the Platform, all Users declare that they accept the present Terms and Conditions without reservation and expressly confirm that they are capable and non-professional natural persons.
Consequently, these General Terms and Conditions are enforceable against any User.
The Company reserves the right to modify the present Terms and Conditions. They will be applicable as soon as they are put online.

3. User registration

Any User expressly declares to be an adult natural person by registering on the Platform.
A User has two options for creating an account and identifying himself/herself:
• It can use an e-mail address, used as a login, and a password,
• He may use his Google ID and to this end he agrees to the disclosure of the data contained in his Google profile and his e-mail address to the Company.
The User is solely responsible for his account and the use he makes of it.
By creating an account on the Platform, the User declares that he accepts the present Terms and Conditions.
The Terms and Conditions of Users' personal data by the Company are stipulated in article 6 of these Terms and Conditions.

4. Terms of Service

4.1. Description of functionalities

Every User will have access to the following functionalities according to the modalities stipulated in the present Terms and Conditions:
Publication of an ad relating to an Item,
• Publication of an announcement relating to an Item,
• Consultation of the Items and search by criteria,
• Addition to the favourites of the spotted Items,
• Recovery of Items following their reservation,
• Instant messaging service between a User and a Donor,
• Realisation of actions improving the User Badge.

4.2. Publication of an advertisement

Any User may publish an ad proposing to donate one or more Items of which he is the owner.
The Item concerned is located and described by the Donor. The Donor must publish one or more photos on the ad.
Any Donor expressly declares by publishing an advertisement to be the owner of the Item concerned and undertakes to make a description as faithful as possible of any Item.
Any announcement is published for a maximum of 60 days.
By publishing an ad, any User expressly agrees that the content of this ad is used by the Company for communication purposes and its duplication on any website operated by the Company.

4.3. Retrieving an Item

Every User has access to the list of Items, to the descriptions and photos of the Items and to the profile of the Donors.
A User with a sufficient number of Points and interested in an Item can reserve an Item put online by a Donor and then contact the latter directly via the messaging service to find out the exact address where they will meet to exchange this Item.
Once the Item has been reserved, the Receiver must communicate the exchange code to the Donor at the time of the recovery of the given Item.

4.4. Searches and registered searches

Any User can search by category or keyword to find out if an Item meeting specific characteristics is offered on the Platform.
A User can sort the ads according to 4 criteria:
• The distance between the location of the Item and that of the User
• The number of points awarded to the Item
• Donor's average score
• The date of addition of the Item

5. Point mecanism

5.1. Principle and use of points

Points allow Users to retrieve Items and obtain Offers from our Partners.
The User can at any time check the number of Points available in his profile.
Points do not in any way represent a value that can be cashed in or exchanged with the Company and are not intended to be used in any way as virtual currency or outside the Platform.
Points are for one-time use only and cannot be recovered once used. They are awarded to Users as follows:
• Any new User will initially have 5 Points,
• Users earn 3 Points after completing all the information in their profile,
• Users earn 2 Points after adding a profile picture,
• A Donor earns the number of Points he has allocated to an Item once that Item has actually been donated through the Platform, subject to double confirmation (the Receiver sends the confirmation code to the Donor),
• Users receive points when they upgrade to a higher Badge:
 From Newbie to Beginner, you get 5 points.
 From Beginner to Enthusiast, you get 15 points
 From Enthusiast to Expert, you get 30 points
 From Expert to Serial Partager, you get 50 points
The Points thus obtained, if they are not consumed, are valid for the entire period during which the User has an active account on the Platform. In the event of 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 all the User's Points, without compensation of any kind. A subsequent re-registration of the member will not allow him/her to recover the lost Points.

5.2. Principle and operation of the levels

Depending on the number of donations made and validated by a User on the Platform, the User can upgrade to the next higher Badge, here are the different levels:
• Level 1:” Newbie”
• Level 2: “Beginner”
• Level 3: “Enthusiast”
• Level 4: “Expert”
• Level 5: “Serial Partager”

The functioning of the Badges and the actions to upgrade to the next higher Badge are detailed in the FAQ available via the following link: FAQ
The User can check his level at any time by consulting his profile.

6. Personal data

The Company has a Privacy Policy, which describes how Users' personal data is processed and protected. It is part of our cookie policy.

7. Intellectual Property

The "Partage" trademark, as well as all the figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Platform, whether registered or not, are the exclusive property of the Company or its partners who have granted it a licence to use them.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the prior agreement of the Company is strictly prohibited.

8. Responsibility and commitments

The Services governed by these Terms and Conditions are those that appear on the Platform. The Items are presented and described on the Platform under the responsibility of the Donors. Except in the event of gross negligence, the Company shall not be held liable for any errors or omissions.
The Company shall not be liable for any indirect prejudice that a User of the service may suffer in the context of any activity as a result of the use or consumption of an Item or as a result of its condition.

8.1. Commitments of the User

By using the Services, all Users declare and guarantee that they are not contravening any regulations in force and that they are not infringing any third-party rights. In particular, Users shall refrain from any behaviour contrary to good morals as well as from making any insulting or degrading remarks towards third parties.

In particular, the User undertakes to ensure that his personal account does not contain:
• No mandatory false and/or misleading information
• No information infringing the rights of a third party
In this context, the User declares and acknowledges that he is solely responsible for the information provided when creating his personal account.
The User acknowledges and accepts that the Company may delete, at any time and without indemnity, an account that would be contrary to English law or to these Terms and Conditions.

8.2. Donor commitments

Any Donor declares and guarantees by publishing any advertisement that it does not contravene any regulations in force and that it does not infringe any third-party rights.
Thus, the Donor undertakes to ensure that any advertisement it publishes does not contain:
• No proposals relating to an illicit or pharmaceutical product,
• No hypertext links redirecting Users to external sites not operated by the Company,
• No information that is false, misleading or deceptive to Users,
• No mention of any kind that could infringe the rights and/or image of the Company or any third party,
• No content of a promotional or advertising nature related to the activity of the Donor.

8.3. Account suspension, limitation of access and termination

You may terminate your contractual relationship with the Company at any time, free of charge and without cause. To do so, all you need to do is to make a request for account deletion by mail or e-mail to the following address: contact@partage.com. As a result, the User's profile will be permanently deleted, including the Points earned by the User.
When the User wishes to start using the website again, he or she is obliged to register under the same conditions as a first registration. The User will not be able to reactivate his old account.
In the event of (i) a breach by you of these Terms and Conditions, in particular of your commitments as a User or Donor mentioned in articles 8.1 and 8.2 above or if (ii) Partage has serious reasons to believe that this is necessary to protect the security and integrity of the Platform, those of its Users or third parties, or for the purposes of fraud prevention or investigation, or to preserve the user-friendliness of the Platform, the Company reserves the right to :
• (i) terminate, immediately and without notice, these Terms and Conditions; and/or
• (ii) prevent the publication of or remove any notices, announcements, messages, content, or any content posted by Users or Donor on the Platform; and/or
• (iii) restrict your access to and use of the Platform; and/or
• (iv) temporarily or permanently suspend your Account.
• When necessary, you will be notified of the implementation of such a measure in order to allow you to give explanations to Sharing. The Company will decide, at its sole discretion, whether or not to lift the measures put in place. In the event of permanent suspension, no refund requests will be accepted for unused Points.

8.4. Responsibility and commitments of the company Partage

The Company shall in no way be held responsible for the content of the advertisements published by the Donors and gives no guarantee, express or implied, in this respect.
The Company is a third party to the correspondence and relations between the Donors and the Users, and therefore excludes any liability in this respect.
On the other hand, the Company may take cognizance of messages exchanged between Users through the instant messaging service present on the Platform, in particular for the purposes of fraud prevention, improvement of its services, user assistance, or verification of compliance by Users with these Terms and Conditions. For example, to prevent a Donor from claiming the slightest sum of money or consideration of any kind, the Company authorises itself to browse and analyse the messages exchanged via the messaging service.
However, the Company never reviews your communications with other Users for promotional purposes or advertising targeting.

8.5. Limitation of liability

The Company undertakes to implement all necessary means to ensure the best possible provision of Services to Users and Donors and the accessibility of the Platform.
However, the Company declines all responsibility in the event of:
• Interruptions, breakdowns, momentary inaccessibility, modifications and malfunctions of the Platform, whatever the communication medium used and whatever the origin and source, in particular for technical problems,
• Loss of data or information stored by the Company. It is the responsibility of the Donors to take all necessary precautions to keep the advertisements they publish on the Platform,
• Direct or indirect damage caused to the User or the Donor, of whatever nature, resulting from the content of the advertisements and/or the access, management, use, operation, malfunction and/or interruption of the Platform and/or the Services,
• Abnormal use or illicit exploitation of the Platform and Services by any User or Donor,
• Computer attack or hacking, deprivation, suppression or prohibition, temporary or permanent, and for whatever reason, of access to the Internet network.
The Company's liability may only be engaged for direct damage suffered by a User resulting from a breach of its contractual obligations as defined herein.
The User or the Donor therefore waives the right to claim compensation from the Company on any grounds whatsoever, for indirect damages such as loss of profit, loss of opportunity, commercial or financial loss, increase in overheads or losses originating from or resulting from the execution of the present contract.
Each User and Donor is then solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result therefrom. The User also waives the right to exercise any recourse against the Company in the event of proceedings brought against it by a third party as a result of the illicit use and/or exploitation of the Platform or Services, in the event of loss by a User or Donor of his password or in the event of usurpation of his identity.

9. Miscellaneous stipulations

9.1. Claims

Any complaint must be made to the Company by e-mail at the following address: contact@partage.com.

9.2. Nullity

If any of the stipulations of these Terms and Conditions should prove to be null or invalid with regard to the law, regulations or following a final decision of a competent court, the latter will be deemed unwritten without affecting the validity and scope of the other stipulations.

10. Applicable law

These Terms and Conditions are subject to UK law.
In the event of a dispute or complaint and in order to find an amicable agreement as a priority, the Client shall address his grievances to the Company by registered letter with acknowledgement of receipt. In the absence of an amicable agreement, any dispute or claim may be brought before the competent court.