General Conditions of Use

01/31/2022

These General Conditions of Use (“GCUs”) govern the use of the services offered by treetz which are accessible via the dedicated application published and hosted by the company treetz, the trade name belonging to POY France SPRL (treetz), VAT: BE0672 685 793 whose registered office is Grensstraat 166 – 1970 Wezembeek-Oppem.

Any use of the treetz services by any natural person (“User”) is carried out within the framework of the rules and procedures set by these CGUs and by the Privacy Policy accessible in the section provided for this purpose.

The Privacy Policy explains (i) the origin and nature of the data collected by treetz during the User’s browsing on our services, (ii) the reason for their collection, (iii) the way in which treetz uses them and (iv) the rights that the User has on these data in accordance with the European Regulation relating to the protection of personal data (hereinafter the GDPR) which entered into force on May 25, 2018, and the Belgian law of 30 July 2018, relating to the protection of natural persons with regard to the processing of personal data. The fact of using the services of treetz entails full and complete acceptance by the User of the T&Cs in force at the time of connection. Any User who does not wish to adhere to the T&Cs and the Privacy Policy in force at the time of connection, in their entirety, must imperatively abstain from using the services of treetz.

The applicable CGUs and Privacy Policy are those in force when the User connects to and uses treetz services.

treetz informs Users that the CGUs and the Privacy Policy may be modified at any time. These modifications will be brought to the attention of Users by simply posting them online, and they undertake to consult them regularly. treetz will make every effort to ensure that these CGUs and the Privacy Policy are present, at all times, on the services, subject to their possible unavailability. 

Use of the service offered by treetz is subject to compliance with the CGUs as well as compliance with user licenses for the treetz mobile application, or special conditions specific to certain Campaigns described below:

The User has the option of printing, downloading and saving the CGUs.

Previous versions of these Terms can be sent on request to the following address: contactfr@treetz.club

I.

treetz is a service offered as part of a mobile application for smartphones and tablets (the “Application”).

The Application allows Users to learn about what are referred to as treetz Campaigns, corresponding to temporary offers subject to certain conditions and which, where applicable, grant Refunds (“Refunds”) on certain products, on certain dates, in certain places of purchase, to certain users.

A user has the right to participate in a maximum of 5 Campaigns per week (calculated as from Monday to Monday).

In the ‘My Campaigns’ section, will have the meaning as follows:

“Reserved”: when a Campaign is available, the User will be able to reserve their participation. The duration of the reservations varies according to each campaign, to know it, simply click on the chosen product then on the “Book” tab under the photo of the product, the remaining reservation duration will then be displayed. Beyond this period, if the User has not acted, the reservation will be cancelled.

“Respond to the survey”: when the User has completed all the previous steps, they will have 72 hours to respond to the survey that was sent to them.

“Invalid proof of purchase”: corresponds to one of the following scenarios:

– Either the selected product does not appear on the invoice

– Either no invoice image has been transmitted

– Either the invoice image is not clear enough

– Either the invoice date does not meet the campaign conditions

– Either this invoice has already been reimbursed

– Either the place of purchase does not meet the campaign conditions

– Either the invoice is illegible

“Processing in progress”: means that your request has been registered and is being processed by treetz.

“Missed”: this section includes the missing elements to finalize your participation in one or more Campaigns.

“Completed”: means that your participation in the Campaign has been accepted.

The use of the treetz service supposes the creation of a user account (the “User Account”) and the transmission of personal data such as your name, your first name, your email. Failing this, the opening of the User Account will not be possible.

WARNING: The use of false email addresses, the impersonation of another person or entity is not allowed. Use of the treetz service is personal and intended exclusively for non-commercial purposes. Any breach of these Terms will automatically result in the closure of the User Account.

The treetz service is currently valid in France, the Netherlands and Belgium.

II.

treetz is provided free of charge to Users.

III.

The use of the treetz service is reserved for our members. treetz reserves the right to modify the conditions of access to the service. treetz may also decide to accept new members by invitation code or sponsorship, as soon as the possibility becomes effective.

treetz remains the sole decision-maker of the conditions of access to the treetz service and may modify them at any time.

In addition, the use of certain features requires the creation of a full User Account on the treetz Application. In particular, the entry of personal information and bank details is required to be able to benefit from Refunds. The User Account will be used to access all the services offered by treetz.

The minimum age required for the use of treetz services is 18 years old.

You guarantee that the data you communicate for the purpose of creating your User Account are real and accurate. The equipment (smartphone, computer, software and associated telecommunications subscriptions) necessary for access to treetz is your sole responsibility, as are the telecommunications costs incurred by their use.

Once your User Account is created, you agree to keep your username and password confidential and personal. treetz cannot be held responsible for the loss of your username and/or password. You are solely responsible for the fraudulent use or not by third parties of your identifier. You therefore accept and acknowledge that you are responsible for respecting the confidentiality of the passwords associated with any User Account that you use to access treetz services. If you believe that someone is using your account or your identity, you must notify us immediately by e-mail at: contactfr@treetz.club

Any User is only authorized to hold a single User Account and is only authorized to have a single treetz application installed on his mobile terminal.

When creating his User Account or during his first Reimbursement, the User specifies the method of payment he chooses. treetz currently offers payment by transfer via PayPal (www.paypal.com) or by bank transfer. treetz reserves the right to remove a payment method or add alternative payment methods.

As part of the service provided by the Application, you may receive notifications (“push” messages), alerts, or other types of messages, whether in the Application or outside the Application.

You can control the messages you receive from treetz in the app settings or on your mobile device.

Some messages may be related to your profile, your purchases, your refunds, your geographical location, your preferences. You are solely responsible for any communication costs incurred by messages sent by treetz.

IV.

You can request the deletion of your User Account at any time, without having to provide a reason, by making the request on your user account.

Logging into your account, go to settings, scroll to the bottom of the page, tap ‘delete my account’, then read a confirmation message to type ‘yes, delete’.

Your account will be deactivated and your data deleted within 3 (three) working days.

By deleting your user account, you will delete all data that belongs to your personal user account (eg username, user password, user settings, etc.).

PLEASE NOTE: the balance of your User Account, whatever its amount, will be cancelled upon receipt of your termination email, without the possibility of obtaining any payment or reimbursement. Payment requests that have been submitted before the deletion but whose actual payment has not yet been made will be cancelled at the same time and no payment will be made.

treetz may decide to terminate a User Account, without having to give reasons, notice, formalities or compensation for the benefit of the User in the event of breach of these CGUs. In addition, treetz reserves the right to take all necessary measures, including the termination of a User Account in the event of a judicial decision compelling it to do so, events of force majeure, or in the event of suspicion of fraud. In the latter case, it is up to the User to provide evidence attesting to his good faith and the absence of fraud. Fraud or non-compliance with these CGUs may give rise to legal proceedings. In any case, treetz will not have to pay compensation or settle the User Account concerned.

Assignement:

treetz may freely assign or transfer the Application and/or all or part of the rights and obligations arising from the execution of the Application to any third party of its choice, without having to obtain the User’s authorization.

V.

Cash back

Our Users are reimbursed for giving us their opinions on products that they have previously purchased and tested. In order to claim a Refund, the User must demonstrate to treetz that he or she has actually purchased the products concerned and to do so, he must send proof of purchase of the product to treetz.

Refunds are personal and are intended exclusively for a User of the Application. Only one refund will be paid per User Account, per proof of purchase and per household or family residence. Requests cannot therefore be multiple.

A given product can only be refunded once.

When a User is eligible for a Refund, it is displayed in the list of Campaigns available in the Application. The terms of reimbursement will be specified there, for example the duration of validity of the Reimbursement period, its amount, the proofs of purchase to be provided.

When a Refund request is submitted in the Application, it is displayed in the Application accompanied by the mention “Processing in progress”.

When a Refund request requires additional information, this is indicated in the Application accompanied by the words “Invalid proof of purchase”.

When a request has been validated, it is displayed in the Application under the heading “Finalized” then it will be visible on the “My Portfolio” tab.

If the Refund cannot be processed with the information provided, the User will receive a request for additional information (for example the request for proof of purchase or additional proof of identity). treetz reserves the right to request any piece of information that may allow the identity of the User to be verified, as well as the validity of the proof of purchase. These elements may be (but are not limited to) a receipt, invoice or any other proof of the transaction, a copy of the User’s identity card, proof of address, or the packaging of the product concerned with the barcode. The transmission of these elements may be requested electronically (photo, scan,) or by post. Duplicate proofs of purchase are not accepted by treetz.

ATTENTION: if the same proof of purchase is presented more than once by more than one User, this proof of purchase will be considered invalid and treetz reserves the right not to grant any refund and to suspend all accounts related user.

If the User does not respond to this request for additional information by adding the requested photo within 72 hours, the Refund request will be abandoned. If the offer is still available, the User has the option of creating a new Refund request.

In the event of the absence of a requested element, the Reimbursement may be refused, without additional justification.

When Users share product reviews with treetz, they grant a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to treetz to host, use, distribute, modify, perform, copy, publicly perform or publicly display, translate and create derivative works of such notices for the term of the intellectual property rights therein.

Once the Reimbursement has been approved in accordance with the terms set out in this CGUs, payment of said Reimbursement will generally take place within the following timeframes:

– Payments by PayPal: 14 (fourteen) working days

– Payments to bank account, using the IBAN: 14 (fourteen) working days

These deadlines are given as an indication. treetz reserves the right to modify these deadlines without notice.

It is up to the User to provide exact information to receive his payment (in particular his bank details and/or email). In the event of incorrect information, treetz will not re-issue a payment that has not been received by the User.

The payment will only be made if the User completes all of the information requested in the “Method of reimbursement” section. In the event that the User has not completed his profile, the Refund cannot be requested by the User.

Return of a product in store

If the User returns the product to the store after having benefited from a treetz offer, he undertakes to notify this return to treetz by email to contactfr@treetz.club within 24 hours.

In the event of a return, treetz will then have the possibility of cancelling the validity of the proof of purchase submitted for the corresponding offer and of requesting the retrocession by the User (in the form of a deduction from the payments of the next offers to which the User would participate).

In addition, treetz may carry out random verifications of receipts submitted, within a maximum of 90 days following acceptance of the proof of purchase. If a ticket cannot be presented by the User on simple request from treetz, treetz reserves the right to demand the retrocession of the refund, and to remove the User from the service in the event of repeated breaches.

VI.

A User may contest the invalidation or non-consideration of a Refund within one (1) month from the date of registration of his participation. treetz will do its best to limit the processing time for complaints, but Users are informed that complaints often require a significant period of time before being effectively processed.

VII.

treetz reserves the right, at any time, to modify or interrupt the treetz service following prior notification by e-mail, and within the Application, without liability being incurred. In the event of permanent cessation of the treetz service, the User will receive his payments in accordance with the deadlines specified in these T&Cs. However, the User will not be able to accumulate additional Refunds.

VIII.

treetz cannot be held responsible in the event of a malfunction of the treetz service, whatever the cause.

The User must have the skills, hardware and software required to use the Internet on his mobile terminal.

The User accepts by using the Application all the risks and characteristics specific to the use of mobile terminals and the Internet, in particular the possible transmission delays, technical malfunctions and the risks of piracy.

Finally, the User is aware and informed of any viruses and other harmful programs that may circulate on the Internet, and it is up to him to take all measures to protect himself against them. Treetz cannot be held liable in the event of a problem resulting from the use of the Application.

In particular, treetz declines all responsibility in the event of interruption of the Application, the occurrence of bugs or operating errors, as well as in the event of damage, direct or indirect, whatever the causes, origins, natures or consequences, caused by anyone’s access to the Application and/or the impossibility of accessing it, as well as the use of the Application and/or the credit granted to any information coming directly or indirectly from them.

TREETZ assumes no liability for damage that may be caused to Users’ computer equipment as a result of access to the Application, use or downloading of any of their elements (data, texts, images, videos or sounds, etc.).

For maintenance reasons, treetz may interrupt the operation of the Application and will endeavour to notify Users in advance by means of an e-mail sent to the e-mail address provided during registration.

treetz cannot be held responsible for the delay, the loss or the bad delivery of an e-mail, nor for its sending or not to an erroneous e-mail address.

The offers that are offered through the treetz service are provided by treetz affiliates. treetz will not be responsible for any erroneous information and/or the impossibility of benefiting from an offer due to a change in conditions decided by the partner concerned.

treetz cannot be responsible for the content, products and services or any data or information available on or from external sites or sources.

The information provided through the Application is subject to all reservations.

To the greatest extent permitted by law, treetz cannot under any circumstances be held liable for any legal guarantee of conformity, guarantee against defects in the item sold and, where applicable, the commercial guarantee and the service after-sales service concerning the products purchased by the User.

IX.

Intellectual property

All elements of the treetz mobile application (including but not limited to: trademarks, text form, designs, images, logos, icons, sound recordings, downloadable documents, interfaces, coding, software) are the exclusive property treetz or its content providers and are protected by applicable Intellectual Property laws and international conventions applicable to intellectual property rights.

Any reproduction, representation, adaptation, total or partial and any downloading and transfer, on all media of all or part of these contents, is strictly prohibited without the prior written authorization of treetz and any other rights holders.

X.

Severability of clauses

If one or more provisions of these CGUs were deemed or declared null, unenforceable, invalid or illegal, the other provisions shall remain in force.

XI.

The treetz Services have been designed and implemented in accordance with Belgian law.

Their use is also subject to Belgian law.

These CGUs are governed by Belgian law and any dispute relating to the validity, interpretation, execution or termination of the CGUs must be submitted to the competent Belgian jurisdiction.