TERMS & CONDITIONS

PREAMBLE

The purpose of these General Terms of Use is to define the terms and conditions under which TROCLIVRE makes its website available to its users www.troclivre.com. TROCLIVRE is a service of exchange of books between individuals accessible to its Members by Internet and by mobile application. We invite you to read these Terms of Use carefully, to participate with TROCLIVRE and being a member of TROCLIVRE, to the development of a responsible platform and a quality service.

By becoming a member of TROCLIVRE, you agree to abide by these Terms of Use. If you do not accept these Terms of Use, you must not register on TROCLIVRE.

The registration and use of this site imply full acceptance of the Terms of Use by the Member. By ticking the box designating the phrase "I certify that I have read and accepted the TROCLIVRE Service Terms" at the bottom of the registration page to validate it, the Member acknowledges that he / she is fully informed and is bound by all the provisions of these Terms of Use.
Any breach of these contractual terms would be the responsibility of the Member. Any breach of these Terms of Use may result in the immediate exclusion of the Member, and only at the will of TROCLIVRE, without formal notice and without refunding the right of use paid.

Article 1. Definitions
In these Terms of Use, capitalized words or phrases will have the following meanings:
"TROCLIVRE" means a set of services designed to promote barter book and book gaming between Members.
"User" means a user of the TROCLIVRE service validly registered or a simple visitor of the site.
"Member" means a user of the TROCLIVRE service validly registered.
"Service (s)" means all services, whether paid or free, available to TROCLIVRE Members.
"Points" means the number of exchange tickets in reserve for the Member.
"Terms of Use" means this contract.

Article 2. Access and Registration to TROCLIVRE Services


Equipment (computer, software, telecommunications, etc.) allowing access to the Services are the sole responsibility of the Member, as well as telecommunications costs incurred by their use.
To be a member of TROCLIVRE, you must be at least 18 years old, reside in one of the TROCLIVRE network countries and complete all the mandatory fields on the registration form. The Member warrants that the data it provides are accurate and true to the facts. He undertakes to inform TROCLIVRE without delay in case of modification of the data he has communicated during his registration and, if necessary, to proceed himself to the said modifications within his space Account> My profile> Update on the website.

A special waiver is granted to Members who are under 18 years of age but who are at least 10 years old if they receive the consent of one of their parents or guardians by presenting themselves in the withdrawal with a person of full age who will act as guarantor preferably one of its parent or guardian for validation by TROCLIVRE or by depositing during registration the parental authorization form to be withdrawn in one of our relay center. This form can be requested by email.


When the conditions for registration are met, each Member has a login (= telephone number) and a password that are strictly personal and confidential and that must not be communicated or shared with third parties.
Except in the case of TROCLIVRE's own fault or technical failure of the Service, the Member shall be responsible for the use of such identifiers by third parties or actions or statements made through his / her personal user account, whether fraudulent or not and guarantees TROCLIVRE against any request in this respect. Furthermore, TROCLIVRE is not obliged and does not have the technical means to ensure the identity of people registering for its Services. If the Member has reason to believe that a person is using their identification or account, they should immediately inform TROCLIVRE.

Article 3. Using TROCLIVRE

Once a Member, the user will have access to the Services available on TROCLIVRE. The price and payment terms of the Service are available at the presentation of the Service.
The terms of payment are detailed in the article Terms of Payment and Tariff of these Terms of Use.

The main services offered by TROCLIVRE are:

- Make available to Members on its website www.troclivre.com a catalog of books allowing them to indicate the used books that they wish to exchange and this via two separate lists: the books they own and which they wish to separate and the books they wish to acquire.
- Propose and regularly enrich its database of books and associate with each of the books a Point (s) acting as a bargaining chip.
- Manage the different stages for the exchange of books between the Members and ensure the management of the Points related to the exchanges.

- The TROCLIVRE platform also offers members the possibility to borrow thousands of books donated by certain donors whose books are not available for sale. Each time the subscriber withdraws a book of interest to him, part of the points of his account is blocked with a market value greater than the borrowed book. Once the book is returned, the raised hand is executed. He has one (01) month to return the book. The first withdrawal of books is billed at 500 FCFA valid for six (06) months.

 

Member's Obligations

The provisions of this article apply without prejudice to the article "Termination".
In connection with the use of the Services, the Member undertakes to comply with the laws in force, to respect the rights of third parties and the provisions of these Terms of Use.

The Member has the obligation to:

- propose the exchange only of books which he has the full and entire property.
- offer only for the exchange books in a correct state (no missing pages, no tasks, no torn books ...)
- offer for exchange only used books which he intends to exchange.
- respond quickly to a request for a book exchange. Failure to reply on his part within 24 hours will invalidate the exchange offer.
- deposit the book ordered to him, at the place of collection (relay center) which is indicated to him within 24 hours.
- return on time the books of the free library
- request the opening of a litigation file only for a real and serious reason: book very damaged, book not received after 7 days, book not in conformity with the request.

The Member has the fundamental obligations:

- not to use TROCLIVRE for professional or commercial purposes.
- not to insert advertising for himself or for anyone in any form whatsoever (message, brochure, flyer, sticker stick, etc.) when shipping a book.
- not to disseminate in any form content that violates the rights of others or is defamatory, abusive, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally any content contrary to the object of TROCLIVRE, the laws and regulations in force, the rights of persons or morality.
- not to post, indicate or disseminate in any form information or content that has the effect of diminishing, disrupting, preventing the normal use of the Services, interrupting and / or slowing the normal circulation of communications between Members through the Services, such as software, viruses, logic bombs, mass mailing, etc.
- use his passwords and / or identifiers according to their strict authentication purpose to the Services. In this regard, the Member must not ,this list is exhaustive, communicate, disseminate, share, make accessible in any way, his passwords and / or identifiers to any third party.
- use the Services in accordance with the purpose described in these Terms of Use.

Failure to meet the fundamental obligations thus defined constitutes a serious breach by the Member of its obligations. Without prejudice to the provisions of the article "Termination", in the event of a breach by one Member of one or more of these fundamental obligations, TROCLIVRE may terminate the contract and definitively cancel the account of the Member concerned.

Article 4. Terms of Payment and Tariff

The use of the Services offered by TROCLIVRE is invoiced at 250 FCFA per successful withdrawal transaction, 250 FCFA per successful deposit transaction and 500 FCFA for the first withdrawal of a book from the mutual library.

In the event that the Member decides not to do operations for a period of time, his Points will be kept for one (01) year and then canceled, without that Member being able to claim any prejudice. The desired books must be submitted by other Members (in their "I have it" list) and they must confirm their wish to proceed with the exchange.

Article 5. Nominative data

The information collected by TROCLIVRE is necessary for the management of Member accounts for the processing of exchanges. In accordance with Law No. 2009-09 of April 27, 2009 on the protection of personal data in the Republic of Benin, the customer has a right to access, rectify, oppose and delete data concerning him . To exercise it, simply access the account settings> My account> My profile> Update.

Article 6. Intellectual Property

The trademarks, logos, graphics, photographs, animations and texts contained on the TROCLIVRE website are the intellectual property of TROCLIVRE or its partners and may not be reproduced, used or represented without its express authorization, under penalty of prosecution.
The rights of use granted by the company to the Member are reserved for private and personal use within the framework and for the duration of the subscription. Any other use by the Member is prohibited without the authorization of TROCLIVRE.
The Member is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, exploiting commercially and / or distributing in any way the Services, the pages of the TROCLIVRE site, or the computer codes of the elements composing the Services and the site TROCLIVRE.

Article 7. Liability and warranty

To use the Services, the Member must have equipment, software and settings necessary for the proper functioning of TROCLIVRE:
IE7 browser or equivalent, activation of Javascript functions, reception of session cookies.
The Member must have the skills, equipment and software required for the use of the internet and recognize that the characteristics and constraints of the internet do not guarantee the security, availability and integrity of data transmissions during their transit on the Internet.

All members who do not control the internet, must contact a collection center or relay center in their area for an agent to assist them in their registration.
TROCLIVRE does not guarantee that the Services will be usable if the Member's Internet Service Provider proves to be defective in the performance of its own service.
In these conditions, TROCLIVRE is not responsible for a non functioning, an impossibility of access, or bad conditions of use of the site TROCLIVRE attributable to a non adapted equipment, to malfunctions internal to the supplier of access of the Member, to congestion of the Internet network, and for any other external reason TROCLIVRE will inform its Members prior to a maintenance operation or update.
TROCLIVRE reserves the right to make its Services temporarily inaccessible, for any reason whatsoever, in particular to carry out maintenance work, without the Users being able to claim any compensation for any reason whatsoever and of any nature whatsoever.
The information provided by a Member to TROCLIVRE must be accurate and consistent with reality.
It is expressly agreed that TROCLIVRE is subject to an obligation of means in the context of the execution of the contract.

TROCLIVRE cannot be held responsible:

- If all the Members are likely to provide the book (s) reserved by other Members have not been identified and contacted.
- If one or more Members have accepted one or more exchanges and do not honor them.
- If one or more Members have issued a reservation and do not see their reservation accepted by any other Member, even if the book or books they have reserved would be mentioned as available for exchange.
- If in the context of the exchange request initiated by the Member, the Member receives only a weak response or a lack of response.

TROCLIVRE cannot be held responsible for (and consequences of) the accuracy or inaccuracy of information and content provided by other Members and / or the Member himself.
Similarly, TROCLIVRE cannot be held responsible for the contents diffused by a Member likely to contravene the rights of one or several other Members or the thirds of which TROCLIVRE would bring back the proof that it would not have been informed by a Member or by a third party or has not had actual and prior knowledge thereof or has not committed fault in the performance of its contractual obligations.
TROCLIVRE can be held liable by a Member only in the event that definite and definite proof is established of a fault committed by TROCLIVRE or by one of its service providers involved in the performance of the TROCLIVRE contractual obligations, having caused the Member actual and direct damage. In this case, TROCLIVRE will have to prove that it has not committed any fault in the performance of its contractual obligations. TROCLIVRE will not be responsible for the direct or indirect damages suffered by the Member when the Member is at the origin or when they result from a case of force majeure.
In the event that TROCLIVRE's liability is sought because of a breach by a Member of its obligations under the law or these Terms of Use, the latter undertakes to guarantee TROCLIVRE against any conviction pronounced against it originating in the breach imputed to the Member.

Article 8. Termination

Each Member may terminate his registration with TROCLIVRE by requesting the closure of his account at any time from TROCLIVRE, without charges and without cause. This request will be deemed to be made the business day following receipt by TROCLIVRE of the closing request for the account concerned.
This request does not entail reimbursement to the Member of the remaining period until the expiry of the Member's Subscription.
Without prejudice to the other provisions of the present, in case of serious breach of the Member, TROCLIVRE terminates the account of the Member without notice. This termination has the same effect as that decided by the Member.
Each Member who moves and no longer resides in Benin would therefore terminate his Subscription immediately without being entitled to a refund of the remaining period until the expiration of the Member's Subscription.
Without prejudice to the other provisions of the present, in case of breach of the Member, TROCLIVRE terminates the account of the Member 7 days after the sending to the Member of an SMS (or email) asking him to comply with these Terms of Use remained unsuccessful.
Such termination shall be without prejudice to any damages that may be claimed by TROCLIVRE to the Member or its legal successors and legal representatives in compensation for any damages suffered by TROCLIVRE or the latter due to such breaches.
The Member will be informed by SMS (or email of the termination). Data relating to the Member will be destroyed at his request or at the expiration of the legal deadlines running from the termination of the Member's account.

Article 9. Agreement between Member and TROCLIVRE
These Terms of Use constitute a contract governing the relationship between the Member and TROCLIVRE. They cancel and replace all previous provisions not expressly referred to or annexed and constitute the entirety of the rights and obligations of TROCLIVRE and the Member relative to their object.
If one or more stipulations of the present General Conditions of Use were declared null according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force to the extent permitted by that decision. In addition, the fact that a Party does not rely on a breach by the other Party to any of the provisions of these Terms of Use cannot be interpreted as a waiver on its part in the future of such a failure.

 Article 10. Changes to TROCLIVRE or Terms of Use
TROCLIVRE may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the TROCLIVRE website. The changes will be effective seven (07) days after they are posted on the Site. For Members registered after the changes have been posted online, they will be immediately applicable to them as they have expressly accepted them by becoming a Member.

Article 11. Applicable law, jurisdiction
These General Conditions of Use are governed, interpreted and applied in accordance with Beninese law, the language of interpretation being the French language in case of dispute over the meaning of a term or a provision of these Terms of Use.

Article 12. Who are we?

This site is published and distributed by TROCLIVRE whose head office is located Carré EL 74 K Sector 11 Houeto - Abomey-Calavi (BENIN) and whose Manager is Florian DOSSA-SAGBO.