Latest version updated on: July 23rd, 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").
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.
(a) Prohibition on Reproduction: Any use, reproduction, copy, or distribution of one or more elements of the Platform for anything other than private use is prohibited. This includes, but is not limited to, the domain name, text, artwork, graphics, photographs, illustrations, sounds, images, audio and video, as well as the structure, site map, design, and organisation of its sections. Users are prohibited from reproducing in any format, directly or indirectly, the elements referred to in the previous paragraphs, as well as altering brands, patents, names, abbreviations, logos, colors, graphics, or other trademarks featuring on the elements provided by Otto, and more generally using or exploiting these elements.
(b) License to Use User-Generated Content: 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 Otto's business. This license does not grant Otto the right to use, reproduce, or distribute the content for non-private use beyond what is necessary for the operation and promotion of the 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.
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.
(a) Responsibility for Content: Users (including Buyers, Sellers, and Suppliers) are fully responsible for all content they publish on the Platform and must follow all applicable laws and regulations. Users are prohibited from publishing content that is defamatory, injurious, obscene, or otherwise contrary to public policy or morality.
(b) Obtaining Permissions: Users are solely responsible for obtaining any necessary permissions and licenses before using any third-party trademarks or copyrighted material on the Platform.
(c) Indemnification: Users agree to indemnify, defend, and hold harmless Tocco and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach of these Terms, negligence, willful misconduct, or use of third-party trademarks or copyrighted material by the User.
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.
(a) Limitation of Tocco's 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.
(b) Supplier's Liability: The Supplier's liability to Tocco for any claim arising out of this Agreement shall be limited to the total amount of all commission fees paid or payable by the Supplier to Tocco. This includes commission fees on all types of financial operations or revenue generated through connections made via the Platform or VUVEI Ventures' network. This limitation of liability ensures that the Supplier's maximum financial responsibility is capped at the cumulative total of these commission fees.
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.
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.
(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:
(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) 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.
(d) Profile Visibility: Your profile must be complete and accurate to be visible to other users on the Platform. Profiles that are less than 60% complete, as determined solely by the algorithms and criteria defined by Tocco, will be rendered invisible to Buyers and other visitors on the Platform. You must ensure that your profile information is kept up-to-date and accurate.
(a) Termination Notice: Either party may terminate this Agreement with thirty (30) days written notice to the other party. Upon termination, you shall cease all use of the Platform, and Tocco shall remove your account and any associated content from the Platform.
(b) Post-Termination Commission Obligations: Any contracts and sales agreements made as a result of exposure on the Platform or through VUVEI Ventures' network during and after the 30-day notice period are still subject to the commission fee. This ensures that all financial benefits derived from the Platform’s services, even after termination, are compensated accordingly.
(a) Transaction Requirement: Users (including Buyers, Sellers, and Suppliers) 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.
(b) Commission Fee: Transactions conducted on the Tocco platform are subject to a commission fee. The specific percentage and details of this commission fee are outlined in the General Supplier Agreement (GSA) and will be communicated to the Supplier as part of their agreement to use the platform.
(c) Penalties for Bypassing the Platform: Users attempting to bypass the Tocco platform by conducting transactions directly with other users 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.
(d) Notification of Transactions: Users are required to notify Tocco of any business transactions facilitated by exposure on the Platform or through VUVEI Ventures' network, including but not limited to revenue from sales, funding secured, investments received, partnerships formed, or any other financial benefits.
(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.
(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.
Questions about the Terms of Service should be sent to us at:
Tocco (Vuvei Ventures SAS)
229 rue Saint-Honoré 75001 Paris France
Vuvei Ventures SAS
229 rue Saint-Honoré, 75001 Paris, France
Capital: 1.000,00€
RCS: 911 864 817 R.C.S. Paris
VAT: FR75911864817