Terms and conditions of use

Article 1. Purpose

The purpose of these Terms and Conditions of Use is to define the rights and obligations of the parties and to provide a legal framework for access to and the terms and conditions of use of the Clean4green Mobile Application and the www.clean4green.org published by Neocloud SAS.
They are supplemented by the Privacy Policy and the Cookies Charter.

Article 2. Acceptance of the General Terms of Use.

Clean4green invites all interested persons wishing to register or consult the Platform, to take attentive note of the Terms of Use. Any person accessing the Platform unreservedly agrees to abide by the General Terms of Use defined below. By refusing these conditions you waive access to the Platform and the Services offered by Clean4green.

By clicking on the "register" button, you acknowledge that you have read and accept these Terms of Use in full.

Article 3. Definitions

The User declares that he/she has read and understood the following definitions and designations:

"Neocloud SAS" or "the company" refers to Neocloud S.A.S, a simplified joint stock company whose registered office is located at 27, chemin de Dagen 33750 SAINT GERMAIN DU PUCH, registered with the RCS of Libourne under number: 530 482 926

"Website" or "Clean4green.org" means all the pages and data contained on the Website accessible to Users, at the address WWW.CLEAN4GREEN.ORG operated by Clean4green;

"Mobile Application" or "Clean4green" means all the pages and data contained on the Mobile Application named Clean4green. The Mobile Application can be downloaded from the Applestore for the IOS version and from the Playstore for the Android version;

"Visitor" means any person consulting the content of the Website, not registered as a Member.

"association page" means a space bringing together all the data of the association or an environmental organisation visible to Users on the Mobile Application and the Website;

"GTC" means these General Terms and Conditions of Use;

"Member Account" means the account that must be created by an individual, in order to become a Member and access certain Services offered on the Mobile Application and the Website;

"Member" means any natural person who has created an Account on the Platform;

"User" means any registered or unregistered person wishing to consult the contents of the Website;

"Platform" means the set of technologies developed by Neocloud SAS, which includes the Website WWW.CLEAN4GREEN.ORG and the CLEAN4GREEN Mobile Application;

"Services" refers to all the Services provided by CLEAN4GREEN via the Platform;

Article 4. Conditions of access on the Platform

4.1. Free access on Website:

Clean4green allows Users to benefit from certain Services at any time, in particular access to the blog or association pages.

4.2 Financial Terms

Access and registration to the Platform, as well as searching, consulting, issuing alerts or adding follow-ups are free of charge.

4.3. Creating an account:

Access to certain Services on the Website and Mobile Application is limited. To become a Member and benefit from all the Services offered by Clean4green , the User must first register and provide certain information enabling Clean4green to identify the User in particular:

Name.
The first name
The civility
The e-mail
The pseudonym

To create an account the User must unreservedly accept the T&Cs, our Privacy Policy and our Cookies Charter.

The registration form for creating an account is available on the Mobile Application, when it is launched in the "register" tab.

4.4 Registration and its conditions:

4.4.1. Member's rights

Registration on the Platform entitles the Member to access a Member Account enabling them to connect to the Mobile Application and take advantage of certain Services. As a Member you can:

Consult or modify your profile.
Essue environmental alerts
Add follow-ups
Organize actions
Comment

4.4.2. Member's obligation

Registration on www.clean4green. org or on Clean4green is subject to certain conditions, by accepting the TOS you agree to abide by the following terms:

You are over 18 years of age, if you are a minor you must have the agreement of your legal representative
You are a natural person
You agree to provide accurate and truthful personal information and to update it, through your profile or by notifying Clean4green of any changes
Transmit when creating or updating their Member Account or to other Members no information, false, misleading, deceptive or fraudulent,
You undertake to create a Member Account on a personal basis or on behalf of a third party.
You undertake not to create or use, under its own identity or that of a third party, Member Accounts other than the one initially created.
The Member undertakes to keep the password confidential. Please note that the password chosen is personal and the Member undertakes not to divulge it to anyone. We invite you to create a password that is sufficiently secure and unique to this account to avoid any risk of fraudulent use of it.
In the event of loss or disclosure of your password, the Member undertakes to inform Clean4green without delay and to proceed with a password change following the guidelines indicated on the Platform.
During registration you must comply with certain rules regarding the creation of your identifiers. Your identifiers must not: contain racist language or refer to a community, political group or religion; have a sexual or pornographic connotation; contain insulting content or content that incites hatred and violence; express any subject that refers to a substance or act that is illegal or prohibited in the country; use any name that may cause confusion with those used by the Clean4green team and referring to Clean4green; use any registered trademark.

Members take sole responsibility for their information provided to Clean4green. We disclaim any responsibility or liability for any failure to comply with any of the above terms. Anyone providing fraudulent information on behalf of themselves or a third party will be subject to penalties as provided by law and Clean4green reserves the right to terminate at any time the registration of any Member found to be in breach of these provisions.

4.5 Access to Services

We make every effort to maintain the Services 7 days a week and 24 hours a day including public holidays. However, we are not in a position to guarantee that the Services will be maintained continuously, in particular during maintenance periods or for reasons beyond our control, such as a technical problem on the servers managed by our service provider OVH. Clean4green cannot be held responsible for the unavailability or slowdown of its Platform and for any damage caused by the interruption of its Services. Clean4green cannot be held responsible for network line interruptions and therefore draws your attention to the importance of choosing the right operator product. We also recommend that you protect your devices against viruses or hacking attempts by a third party, for which we cannot be held responsible. To be able to access the Platform you must be equipped with an internet connection and at least one of the hardware listed below:

A desktop or laptop computer.
From a smartphone
A tablet

Clean4green does not under any circumstances bear the costs of internet connection, purchase or rental of hardware, software, licences, subscriptions... by accepting the TOS you understand and accept that all costs inherent in the use of the Platform remain the responsibility of the User.

We remind you that the Services offered may be at any time and without notice interrupted, suspended or deleted by Clean4green and will not be liable for any inconvenience arising from such action.

Article 5. Protection of personal data

Clean4green collects and processes your personal data in connection with your use of the Platform which contains the Clean4green Mobile Application, the Website www.clean4green.org and its Services.
Please find our Privacy Policy here

Article 6. Description and use of the Services

6.1. Description of Services

The Website and Mobile Application list environmental associations and organisations in France. The User can consult general information as well as the actions carried out by these associations/organisations.

Clean4green only offers on the Mobile Application, a service for issuing environmental alerts on French territory. Based on a community system, Clean4green puts Members in contact with environmental associations or organisations registered on the Platform.

Members via the Mobile Application can issue an environmental alert, add a follow-up and contribute their own findings on existing alerts, organise joint action days to deal with an alert, exchange with other Members... The purpose of these various features is to inform nearby associations/organisations and other Users in the event of pollution, health risks or any other type of alert concerning the protection of natural environments, so that we can all act together to preserve the environment.

6.2. Profile

On the Website or Mobile Application, in the "my account" tab the Member may modify the following data at any time:

Profile photo
First and last name
Courtesy

Only the email address can no longer be changed after the Member has registered. If necessary the Member can make a request to Clean4green by email or by post, mentioned in article 15 subject to proving his identity.

6.3. Issuing environmental alerts

As a Member, and provided that the Member meets the conditions mentioned in the GTC, any registered Member may create and publish an alert on the Mobile Application.

Here are the different types of environmental alerts that the Member can issue:

Wild dumping;
Other ;

To publish an alert, the Member must connect to the Mobile Application, click on "add an alert" indicating the following mandatory information:

His geolocation.
A photo
His type
A description

Once recorded, the alert will be visible to all nearby Members and associations/organisations and everyone will be able to comment, add a follow-up or process the alert.

6.4. Noting and adding a follow-up to an environmental alert

The following types of monitoring are listed in the Mobile Application:

Cleaned;
Moved;
Enhanced ;
Other ;

We suggest different ways for Members to act depending on the situation:

If a Member also comes to notice an environmental problem (pollution, health risk...), already reported by another Member they can:

Confirm or disapprove the alert via a voting system;

If a Member notices that the alert issued by another Member has changed he can:

Add a comment;
Add a follow-up to the alert to fill in more information about the progress of the problem;

If a Member wishes to deal with the alert they can:

Process it autonomously and add a follow-up to close the alert, filling in the actions taken and completing it with photos in order to warn the community;
Add an organised follow-up to take action with the help of other Members;

6.6. Conditions for using environmental alerts

The Environmental Alert Service must be used solely for the purpose of informing other Members and associations/organisations of an environmental problem related to water and land.
By accepting the TOS you acknowledge that you are using the Environmental Alert Service solely for the aforementioned purpose.
If a Member uses this Service for purposes other than those previously mentioned, Clean4green reserves the right to delete or limit the account of the Member not complying with these TOS.
We draw your attention to the fact that an alert must be issued on a public and not a private area. Under no circumstances may you enter private property. Clean4green declines all responsibility and will not suffer any prejudice should the Member break the law.

In the event of a serious offence, Clean4green also reserves the right to take legal action against the Member implicated.

6.7. Comments

Clean4green only allows Platform Members to leave a comment on alerts and their follow-ups, as well as on pages dedicated to associations/organisations.
Each registered association/organisation has a right of reply insofar as it wishes to thank a Member, give its opinion following a comment that it does not feel is justified, give its version of events...
When an association/organisation wishes to remove its association page from the Platform, then the linked comments will be automatically deleted.

6.8. Conditions of publication

Any comment, observation, opinion, left on the Platform by a Member, or any issue of an alert, any addition of a follow-up, any organisation of action are subject to rules so as not to infringe the lives of others and to comply with the law in force. By accepting these Terms and Conditions, all Members acknowledge that they are aware of the rules set out below. Opinions, comments, findings or follow-ups must not:

Contain abusive or insulting language.
Use racist language or language that discriminates against a community, ethnic group, religion, political party
Containing sexist or homophobic comments
Containing comments of a sexual or pornographic nature
Praising violence, hatred, crime, war or terrorism
Referring to a substance or act that is illegal or prohibited in the country in force
Disclosing confidential information that could harm others (credit card number, bank account number, identity card number...)
Disclose private information such as the surname, first name, address, telephone number... of any individual with the aim of causing them harm.
Communicating false, misleading or fraudulent information. You undertake to check the authenticity of your content and comments published on the Platform so as not to communicate incorrect information that could harm others.
Contain strings of symbols, numbers, letters or characters, terms, words or quotes that have no meaning or significance.
Harassing any individual registered or not on the Platform and with the aim or effect of worsening the victim's living conditions
Contain any hypertext link, URL link to a website or mobile application, image or text promoting the activity of direct or indirect competitors, other Services or professionals other than those offered by Clean4green and present on the Platform
More generally, publish content contrary to the purposes of the Platform, of a nature to infringe the rights of Clean4green, or a third party or contrary to good morals;

Clean4green reserves the right, at its sole discretion and without prior notice, to remove, at any time from its Platform, any publication that does not comply with the TOS or that it considers prejudicial to its image.

6.9. Moderation of publications

When a Member adds an alert, finding, follow-up, opinion or comment, it will be published automatically on the Mobile Application.

The Member is therefore solely responsible for the content it publishes on the Platform and by accepting the TOU, the Member undertakes to comply with the publication conditions described in these TOU.

A Member may, at any time, report to Clean4green, a comment, opinion, finding or follow-up that they consider to be abusive, by clicking on the "report" button and justifying their report or by contacting us directly by email at contact@clean4green.org

Any Member accepts and acknowledges that Clean4green reserves the right to delete any alert, finding, follow-up, comment or reply whose content it deems to be contrary to these TOU. Clean4green also reserves the right to suspend, limit access to the Services or terminate, a Member's account, in the event that the Member has breached these TOS.

Article 7. Responsibility and commitment of all users of the Platform

By accepting these TOS, all Members expressly acknowledge that they are solely responsible for complying with all laws, regulations and obligations applicable to your use of the Platform.
Members undertake to:

Transmit when creating or updating their account or to other Members no information, which is false, misleading, deceptive or fraudulent,
Not infringe Clean4green's rights and image, in particular its intellectual property rights;
Do not open more than one Member Account on the Platform.
Create an account for personal, non-commercial purposes
Do not contact another Member, in particular via the Platform, for any purpose other than organising actions, or for a request for information from an association/organisation;
Comply with these GTCs and the Privacy Policy.

The Member acknowledges that he/she is solely responsible for the content published on the Platform. Accordingly, he/she guarantees the accuracy and truthfulness of any information contained in his/her publication and to comply with the terms of the transaction, and in particular that the publication complies with the TOS acknowledging in advance that the Platform could not be concerned or sought in the event of inaccuracy, fraud, etc.

Article 8. Intellectual and industrial property

8.1. Prerogatives of trademark law

The Clean4green trademark is the exclusive property of the Clean4green association. Any reproduction and/or use and/or affixing, in whole or in part, and/or modification and/or deletion of the trademark and related rights such as, by way of illustration and non-exhaustively, the slogan and logo offered by the Mobile Application and the Website, by any process whatsoever, in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the express prior written authorisation of Clean4green and is liable to prosecution.
The trademark is protected by articles L713-2 et seq. of the Intellectual Property Code currently in force in France.

8.2. Copyright prerogatives

The original works offered by Clean4green are the exclusive property of Clean4green . Clean4green owns all rights to them.
Any representation and/or reproduction and/or distribution and/or partial or total exploitation of the content and Services offered by the Mobile Application and the Website such as software, animations, texts, videos, graphics and more broadly the general structure, by any process whatsoever, in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the prior express written permission of Clean4green and is liable to prosecution.
These original works are protected under Articles L335-3 et seq. of the Intellectual Property Code currently in force in France.

8.3. The licence

The rights of use granted by Clean4green to the Member are for private and personal use only. Any other use by the Member is prohibited without the authorisation of Clean4green .
The Member grants Clean4green and its partners a free, non-exclusive, and perpetual license to use, reproduce, represent, modify, translate any intellectual property seat element (texts, photos, videos etc.) that the Member may be required to provide to Clean4green via the Mobile Application and/or the Website for the non-exclusive purpose of supporting its communication efforts to other Members. This license will be used by Clean4green within the limits of respect for image rights, protection of personal data of the User and this without distorting the authenticity of the Member's profile and remaining consistent with his profile. This licence authorises Clean4green to make these elements compatible with its technical performance or the formats of the media concerned. These rights are granted for the entire duration of the performance of these TOU between the Member and Clean4green.
The Member remains the owner of the content and personal data it provides.
The Member indemnifies Clean4green against any legal action, recourse or conviction against it originating in the Member's infringement of a third party's intellectual property. The Member indemnifies Clean4green against any claims or damages that may result.

Article 9. Unfair competition

It is formally prohibited to design a product similar to the Mobile Application and/or the Website or to create a derivative thereof, and more broadly to be guilty of parasitism, acts of imitation, denigration or any other act constituting unfair competition. Where appropriate, Clean4green reserves the right to take legal action against the Member in order to obtain full compensation for the damage caused by the Member.
Member shall be subject to severe legal penalties if it succeeds or attempts to license or sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to third parties the Services the Website or Mobile Application in any way.

Article 10. Suspension of accounts, limitation of access and termination

10.1. Termination of the Member

At any time, free of charge and without any reason, the Member has the possibility to terminate its registration to Clean4green.
The Member may delete its Member Account, in accordance with Law No. 78-17 of 6 January 1978, known as the Data Protection Act and the RGPD concerning your rights of access, rectification, deletion and opposition of your personal data.
To do this, simply go to the "Delete my account" tab on the mobile app in the Menu section then My information.
Deletion is effective immediately.
The right to use and access the Platform Services will automatically expire for the Member, when the Member deletes his/her account.
When a Member Account is deleted, the content published by the Member will be automatically deleted.
However, we cannot guarantee the total deletion of information made public on the Platform. Should the Member notice a publication or comment that is still visible after the account has been deleted, please let us know by contacting us by email.

10.2. Termination of Clean4green

In the event of a breach by a Member of these TOU, in particular its obligations as a Member, mentioned in the articles above, or if Clean4green has serious reasons to believe that the termination of a Member Account is necessary to protect its safety and integrity, those of other Members, or associations/organisations or third parties or for fraud prevention or investigation purposes, Clean4green reserves the right to:

Limit your access to and use of the Platform; and/or

Temporarily or permanently suspend your Member Account;

When necessary, it will be notified to the Member concerned, of the implementation of the measure in order to allow the latter to give any explanations to Clean4green which will decide, at its sole discretion, to lift or maintain the measures put in place.
In the event of a serious offence, Clean4green also reserves the right to take legal action against the Member implicated.

Article 11. Updates to the TOS

Clean4green reserves the right at any time and at its sole discretion to modify or supplement these TOU, if Clean4green deems it necessary.
The Member will be informed of updates to the TOU by email to the address provided by the Member and/or when you connect to the Mobile Application. It is the Member's responsibility to take note of the changes made following the update of the GTUs carried out by Clean4green.
Updates to the TOU will apply immediately for the Member.
The use of the Platform Services by the Member after the GTUs have been updated shall be deemed to be the Member's unreserved acceptance of the changes made to the GTUs.
If the Member disapproves of the updates to the TOU, Clean4green requests the Member to relinquish its access to the Website, the Mobile Application and the Services offered by Clean4green by terminating its Member Account in accordance with Article 11.1.

Article 12. Applicable law

These General Terms of Use are written in French and subject to French law. You may also submit, where applicable, your complaints relating to our Mobile Application, our Website and its Services, on the Dispute Resolution Platform put online by the European Commission accessible here. The European Commission will forward your complaint to the competent national ombudsmen. In accordance with the rules applicable to mediation, you are required, prior to any request for mediation, to have first notified Clean4green in writing of any dispute in order to obtain an amicable solution.
Any dispute or litigation relating to the formation, interpretation, performance or termination hereof or in connection with these TOU which could not be amicably resolved shall be submitted to the competent Courts of Paris.

Article 13. Autonomy of stipulations

In the event that one of the stipulations of these TOU is declared null and void or inapplicable by the effect of a law, regulation or jurisdictional decision issued by a competent court, the other stipulations shall retain their validity, unless it is imagined that these TOU are distorted or that this leads to a significant imbalance in the obligations incumbent on the parties.

Article 14. Contact

For any questions regarding these Terms and Conditions of Use, you can contact us by:
Email: contact@clean4green.org
Post Office Box: 27, chemin de Dagen 33750 SAINT GERMAIN DU PUCH