Terms

Latest version updated on: January 17th, 2024

THE TERMS & CONDITIONS (the "Terms & Conditions") constitute a legal and binding agreement between Vuvei Ventures SAS, a French corporation (referred to as "Vuvei Ventures," "tocco," "We," "Us," or "Service Provider"), and you, the user of the tocco platform. If you are using the platform on behalf of an employer or client, then "you" refers to that employer or client. The Terms govern your use of tocco’s website (https://tocco.earth), the tocco Platform, and all other related services that Vuvei Ventures provides (collectively the "Services").

The Platform primarily facilitates business-to-business transactions by providing a venue for "Buyers" (entities seeking to purchase goods) and "Sellers" (entities looking to sell goods). By accessing or using the Platform, you agree to comply with and be bound by these Terms, whether you are registered as a Buyer, a Seller, or simply browsing (collectively referred to as "Users").

SECTION 1 - INTELLECTUAL PROPERTY

All content on the Platform, including but not limited to text, images, graphics, logos, trademarks, and any other material, is the property of Vuvei Ventures, or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The unauthorized use of any content is strictly prohibited.

SECTION 2 - LICENSE TO USE PLATFORM

Tocco grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial use, in accordance with these Terms.

SECTION 3 - ACCOUNTS, PRODUCTS, AND SERVICES

To access certain features on the Website or Platform, you may be required to create an account. During account registration, you will be asked to provide both personal and company information, including your name, email address, password, and details about your company, such as company name, address, and contact information. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

The Platform may display and offer for use or sale various products, features, and services. We reserve the right to modify, discontinue, or adjust any products, features, or services at any time without notice. All product descriptions, images, and other content are subject to change without notice. We make no warranty that the quality of any products, services, information, or other material accessed through the Platform will meet your expectations.

SECTION 4 - THIRD-PARTY TRADEMARKS AND COPYRIGHTED MATERIAL

You are solely responsible for obtaining any necessary permissions and licenses before using any third-party trademarks or copyrighted material on the Platform. You agree to indemnify, defend, and hold harmless tocco and its affiliates, officers, directors, employees, and agents from any claim, liability, or expense (including reasonable attorneys' fees) arising out of your use of third-party trademarks or copyrighted material.

SECTION 5 - USER-GENERATED CONTENT

You may submit content to the Platform, provided that the content does not infringe on any third-party intellectual property rights, including copyright, trademark, and privacy rights. By submitting content to the Platform, you grant tocco a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Platform and tocco's business.

SECTION 6 - LIMITATION OF LIABILITY

In no event shall tocco, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Platform or any content therein.

SECTION 7 - GOVERNING LAW AND JURISDICTION

These Terms are subject to French law. Failing amicable settlement, any difficulties related to their interpretation or validation, and any dispute between us will be the exclusive jurisdiction of the Paris courts, notwithstanding multiple defendants or third-party claim.

SECTION 8 - GDPR COMPLIANCE

If you are a user located within the European Union (EU), you have certain rights under the General Data Protection Regulation (GDPR). By using our services, you acknowledge and agree to our adherence to GDPR requirements. For more information on your rights under GDPR, please refer to our Privacy Policy.

SECTION 9 - THIRD-PARTY CONTENT AND TAKEDOWN REQUESTS

(a) Third-Party Content: The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

(b) Reporting Infringement: If you believe that your intellectual property rights have been infringed upon by any content on the Platform, you may submit a notification to us in writing with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Application, with enough detail that we may find it;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
  • Your physical or electronic signature.

(c) Removal of Infringing Content: Upon receipt of a valid notice of claimed infringement, we will promptly investigate the matter and, if necessary, remove the allegedly infringing content or take other appropriate actions as required by law.

(d) Counter-Notifications: If you believe that your content has been removed from the Application due to a mistake or misidentification, you may submit a counter-notification to us in writing with the following information:

  • A description of the material that was removed or disabled, and the location on the Application where the material appeared before it was removed or disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement that you consent to the jurisdiction of the courts in the country where you reside, or, if you are located outside the country where the Company is located, that you consent to the jurisdiction of the courts in the country where the Company is located; and
  • Your physical or electronic signature.

SECTION 10 - ACCOUNT REGISTRATION AND SECURITY

(a) To access certain features and functionalities of the Application, you may be required to create an account. When creating your account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process.

(b) You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

(c) We reserve the right to suspend or terminate your account, at our sole discretion, if we suspect any fraudulent, abusive, or otherwise illegal activity.

SECTION 11 - CHATBOT FUNCTIONALITY

The Application includes a chatbot feature designed to help users find suitable brands and suppliers tailored to their needs. While we strive to provide accurate and helpful information through the chatbot, you acknowledge and agree that the chatbot's responses are based on algorithms and may not always be accurate or relevant to your specific situation. We cannot guarantee the accuracy or completeness of any information provided by the chatbot and shall not be held liable for any decisions or actions are taken based on such information.

SECTION 12 - BUYERS’ RESPONSIBILITIES & TRANSACTION GUIDELINES

(a) Buyers on the tocco platform may purchase any products listed on tocco, provided the quantity is not less than the Minimum Order Quantity (MOQ). Orders must be placed within the specified Available Period. To complete a purchase, buyers are required to settle the relevant payment within this Available Period. Incomplete Buy Orders, where payment is not fully settled within this period, will be considered invalid and the corresponding product quantities will not be reserved or processed.

(b) Buyers are obligated to conduct all transactions for products listed on the tocco platform directly through the platform. This ensures transaction integrity, security, and the availability of tocco support services. Tocco explicitly disclaims any liability for the economic, legal, or any other outcomes of transactions conducted outside the platform.

(c) Buyers attempting to bypass the tocco platform by conducting transactions directly with sellers outside the platform's purview risk severe penalties, including but not limited to the suspension or termination of their account on tocco. This measure ensures the safety, reliability, and quality of the marketplace for all users.

SECTION 13 - SELLERS’ RESPONSIBILITIES & TRANSACTION GUIDELINES

(a) Each seller is responsible for ensuring that all information provided about the products, including but not limited to descriptions, specifications, and pricing, is complete, accurate, and up-to-date. Tocco relies on the sellers to maintain the integrity of product information and does not independently verify the truthfulness or accuracy of the information provided.

(b) Sellers are obliged to fulfill orders placed by buyers on the Platform, adhering to the agreed terms of sale, including product quality, quantity, and delivery timelines.

(c) Sellers acknowledge that all transactions should be conducted through the tocco platform. Any attempt to bypass the platform, such as by soliciting or conducting transactions outside the platform, may lead to account suspension or termination. Tocco disclaims any responsibility for the economic or legal outcomes of transactions conducted outside the platform.

SECTION 14 - DISCLAIMERS

(a) The Application is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

(b) Tocco does not warrant that the Application will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We also do not warrant that the results obtained from the use of the Application will be accurate or reliable.

(c) You acknowledge and agree that your use of the Application is at your own risk and that tocco shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of or inability to use the Application.

(d)Tocco explicitly disclaims any responsibility for transactions that occur outside the tocco platform. Users acknowledge that conducting business outside the confines of the tocco platform is at their own risk and that tocco will not be held liable for any loss or damage arising from such transactions.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Tocco  (Vuvei Ventures SAS)

229 rue Saint-Honoré 75001 Paris France

[email protected]

LEGAL NOTICE

Vuvei Ventures SAS 229 rue Saint-Honoré, 75001 Paris, France Capital: 1.000,00€ RCS: 911 864 817 R.C.S. Paris VAT: FR75911864817