TROFFEE Business Solutions B.V.
TERMS AND CONDITIONS
Please read the following terms and conditions of use of the Troffee App application carefully, before using it.
Each time you use the App, you will grant your approval regarding the terms and conditions within this document.
If you do not completely agree with the provided terms and conditions, do not use the App.
In any mention regarding” the App”,” We” refers to “TROFFEE App”.
“TROFFEE App” is a platform developed by TROFFEE Business Solutions B.V., in order to provide an instrument which will make buying coffee easier. TROFFEE Business Solutions B.V. is the sole owner of the app, as well as of all rights arising thereof.
TROFFEE Business Solutions B.V., is a Dutch company and it has its headquarters in Unit A4.004, Stationplein 45, 3013 AK ROTTERDAM, (RSIN/Fi-number) 857120748B01 and VAT identification number NL857120748B01, bank account IBAN NL 96 INGB 000 752 99 54,
“TROFFEE App” is a Mobile application developed to be used with TROFFEE smart coffee machines and other machines approved and compatible with the TROFFEE system.
“TROFFEE App” was created as a platform which facilitates buying coffee/drinks from TROFFEE smart coffee machines.
The Users can create an account in the “TROFFEE App” and transfer money through ICEPAY platform in the virtual card of the platform (e-Wallet), credit that will be used to buy drinks.
By using the App and accepting these Terms and Conditions (The Conditions), the User agrees that these Conditions are fully opposable to him. These Conditions need to be interpreted in conjunction with the User Policy included in the Conditions, which can be periodically modified. The User has the responsibility of being aware of the App’s User Policy.
The present Conditions explain the obligations of “TROFFEE App” towards the users as well as the obligations of the users towards “TROFFEE App” and other users.
User is the identifiable person that owns an email address or a Gmail/ Facebook user account according to the terms and conditions of the social media platform. The User shall use the App for the purpose and under the conditions provided in the present Conditions.
ICEPAY is the online payment processing company, through which the money transfers into the virtual card of the “TROFFEE App” (e-Wallet).
Confidential data – are the user’s identification data, as well as any other information inserted by them which will be taken over by “TROFFEE App” only for the purpose of allowing them to use the “TROFFEE App”.
Personal data processing – any operation or set of operations, which are performed on personal data through “TROFFEE App”, such as collecting, recording, organizing, storing, adapting or modifying, extracting, consulting, using, disclosing to third parties through transmission, dissemination or in any other manner, joining or combining, blocking, deleting or destroying.
The pictures used by Users through “TROFFEE App”– are images that the Users upload through “TROFFEE App”, as a profile picture in the app or a picture assigned to a Product.
“PRODUCT” is any drink such as coffee, Tea, ice drinks, or other edible products distributed by a Vending Machine, Automated Bar, Coffee Machine that are TROFFEE compliant.
Modification of the terms and conditions
“TROFFEE App” reserves its rights to modify, supplement, or dissolve the present Conditions at any time, by publishing the modified Conditions in a special page that pops up in the App. Excepting the cases in which we explicitly specify otherwise, any modification of the Conditions shall be immediately enforceable.
The App will automatically take the User to a Page where he should Accept the new Terns & Conditions. The user is aware that declining the new Terms will prohibit him from using the App.
In case of a dispute between the User and “TROFFEE App”, regarding the published version of the Conditions, Troffee App is NOT liable.
Use of the application
In order to use the App, it is necessary that the Users create a profile using their email address or their Gmail/Facebook account. Once created, the User can edit his profile in the App and use the services
Users need to be at least 18 years old. If a User is underage, he/she shall be deemed to use the App with the approval of his/her legal guardian.
In order to be able to use the App, the User also needs to have an active e-mail address.
The User of Troffee, will be able to order any “PRODUCT” or send coffee to a friend that also uses the app or donate money for causes.
In order to use the app, User must Allow Permission to Bluetooth on his device, or set the Wi-fi/3G on in order for the app to find the nearest Troffee Smart Coffee machine. When the event becomes public, the User’s friends can contribute to financing gifts through the App.
Each User can transfer money multiple times, in order to purchase a “PRODUCT”. The transfer limits are 150 Euro/USD. By limit, it is understood the balance of the USER’s e-Wallet and NOT the amount to be transferred.
Troffee App can only be used with a TROFFEE Coffee machine or other machines that have a TROFFEE license.
Liability of Troffee app
Troffee App is not liable for the money transfer, from the accounts of the Users wishing to contribute to financing the events, into the accounts of the Users that created the events. Any irregularity regarding the money transfer shall be clarified with 15 working days in compliance with its Terms and Conditions.
The User is the sole responsible for maintaining the security of his account, in compliance with the terms and conditions of the app
In order to maintain the security of his/her account, the User has the following obligations, without being limited to the following:
He/she will not provide false data;
He/she will have only one account;
He/she will not use the App if he/she is younger than 18 years old. If the User is younger than 18 years old, he/she needs the approval of his/her legal guardian;
He/she will not disclose his/her access password of his/her account or his APP PIN to no one, nor will he/she allow another to access his/her account and he/she will do nothing that could affect the security of his account;
TROFFEE App is not liable for the way the App works on different devices (smartphone, tablet, computer). Troffee App is not liable if the Users access the App in internet restricted areas, on devices with jailbreak (iOS), root (Android) or encryption data.
Troffee App is not liable for the images uploaded by Users on the Troffee platform, the Users being the sole responsible for any litigations that might arise from the use of images without the approval of their respective owners.
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:
Demographic and other personally identifiable information (such as your name, phone number and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your proﬁle, online chat or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application.
Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application
Data from Social Networks
User information from social networking sites, such as Facebook, Google+, Gmail, including your name, your social network username, location, birth date (Optional), email address, proﬁle picture, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application.
We may request access or permission to and track location-based information from your mobile device. either continuously or while you are using the Application. to provide location-based services. If you wish to change our access or permissions. you may do so in your device’s settings.
Mobile Device Access
We may request access or permission to certain features from your mobile device. including your mobile device’s Bluetooth, camera, contacts, storage, and other features. If you wish to change our access or permissions. you may do so in your device’s settings.
We may request to send you push notiﬁcations regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Use of your information
Having accurate information about you permits us to provide you with a smooth, efficient. and customized experience. Speciﬁcally, we may use information collected about you via the Application to:
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- Create and manage your account.
- Notify you of updates to the Application.
- Process payments and refunds.
We keep the personal data until you delete your account, or if you’ve made a payment as long as the law requires in order to validate the payment.
The only third parties that have access to Users’ personal data are: the online payment gateway and hosting service provider.
Users have the following rights when it comes to their data:
- The right to be informed
- The right of access his data whenever he wants
- The right to rectification, if users discover some of the data are complete or correct
- The right to erasure personal data
- The right to restrict processing
- The right to data portability
- The right to object to data processing
- Rights in relation to automated decision making and profiling.
Disclosure of your information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Interaction with Others
If you interact with other users of the Application, those users may see your name, proﬁle photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Application, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity.
Social Media Contacts
If you connect to the Application through a social network, your contacts on the social network will see your name, proﬁle photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
The User is forbidden to redistribute, sublease, multiply, use the App in a way that will decompile, translate, rewrite, reconfigure, or change it, in order to try to reconfigure the App.
The User is forbidden to disclose any confidential information regarding the Services to any third party, without the previous agreement of Troffee App.
The user is forbidden to use the App outside the recommended operation environment.
Failure to observe any of the interdictions laid down at point 7 shall entail civil or criminal liability of the User, according to the Romanian laws in force.
The User undertakes to use the App for the purpose it was created for, namely for providing an instrument which would facilitate coffee ordering.
The User is not allowed to use the App:
- in a way that would prejudice the Conditions, any law or which is in any way illegal or fraudulent;
- in order to send, to receive, to upload or to download, or to use any material that has an abusive, indecent, defamatory, obscene character or which contains a threat, through the App.
- in order to send, to receive, to upload or to download, or to use any material that has no relevance to the purpose the App was created for;
- by breaching copyrights or the confidentiality of any information;
- by using certain materials that could contain viruses or similar programs, that could cause an overload, followed by a prejudice of the App and/or of its Users.
- in order to distribute advertisings or promotional materials, through Troffee;
- in a manner that does not observe the instructions sent by Troffee Apps from the perspective of security or quality of services offered by Troffee App;
- in order to modify or reconfigure the Services provided by Troffee App or any Equipment or Software owned by them;
The User shall respond to every information request sent by Troffee App with respect to the use and security of the App, in due time and as promptly as possible. Troffee App is not reliable for the damages done to the User, because of delayed or improper responses.
The User is strictly forbidden to use the App in order to destroy or alter the content or the security of the App or in order to discredit or harm his/her partners, clients or collaborators, and their products, services and employees. The same goes for the actions taken against other Users he/she was made aware of, irrespective of the method through which he/she was made aware of the information.
Obligations of Troffee app
Troffee App is required to supply the services to the User, in compliance with the present Conditions and according to a reasonable standard of professionalism and diligence.
Troffee App shall make all due efforts in order to ensure access to the App. The App can be permanently accessed, excepting the following situations:
- a) situations in which the providers of associated technical services have difficulties in fulfilling their attributions.
- b) periods programmed for maintenance, which can be announced to Users if the App is non-functional for more than 72 hours.
- c) in case that the failure to access the App is caused by circumstances which Trofee App can’t reasonably control, including thunders, floods, extreme weather conditions, fires, explosions, wars, public disruptions, work conflicts or actions of the local or central public authorities or of other competent authorities or actions or omissions of third party service suppliers, cases in which Troffee App shall not be held responsible towards the User for any prejudices.
Troffee App shall make all due efforts in order to enable the prompt and continuous use of the App, but it shall not be held responsible for any data loss caused by delays, by the failure to supply or by the inadequate supply of services, due to certain events that cannot be controlled by Troffee App or due to certain errors or omissions of the User.
The App, when connecting to our server, uses 2 security levels|:
- Transport Layer Security: Ensured by exclusive SSL connection to the server.
- Data Layer Security: Ensures that the data transmitted over the Transport Layer is encrypted by the user’s Encryption Key which is different for each user.
Protection of Troffee app’s intellectual property
The App, along with the brand and its content is fully created by and it is rightfully owned by the company TROFFEE Business Solutions, which is why it is protected by the laws applicable to copyright and intellectual property in Romania, in every state member of the European Union as well as by the legislation applicable in any other non-EU state.
Any illegal copying or attempt to illegally copy any element included in the App (algorithm, interface, logo, trademark and others) shall be punished according to the applicable law, both on the civil side, by granting compensation for the prejudice suffered by Troffee App and also on the criminal side, depending on the crime committed.
The User undertakes to compensate and to exonerate TROFFEE Business Solutions of any responsibility regarding any obligations, losses, claims and expenses that might arise from the User’s failure to observe the present Conditions, as well as from the transmission or receipt of any information, requested or provided by the User, within the Troffee App.
Limitations of liability
TROFFEE Business Solutions shall not be held responsible in any way for no direct or indirect prejudices arising from the User’s loss of profit, personal data or any other type of loss, resulting from:
– the use or the impossibility to use the App, caused by circumstances that TROFFEE Business Solutions, can’t reasonably control, including thunders, floods, extreme weather conditions, fires, explosions, wars, public disruptions, work conflicts or actions of the local or central public authorities or of other competent authorities or actions or omissions of third party service suppliers;
– the unauthorized access of third parties by damaging the User’s identification data;
– incorrect information introduced into the Troffee App and therefore the documents generated based on the incorrect information introduced;
– the generation of legal or fiscal documents, since the User undertakes the obligations of verifying the validity of any document and information generated in the Troffee;
Troffee App does not monitor the content of data kept by the User and it does not guarantee that these data have no illegal content or that they don’t include other inacceptable materials.
Settlement of conflicts
If a conflict occurs between TROFFEE Business Solutions and the User, they shall try to settle it amicably.
If the conflict can’t be settled amicably, the parties shall address to an arbitrary or to the competent courts of law in Bucharest, Romania.
TROFFEE Business Solutions may order the exclusion of a User from the App, if he/she identifies, or the other Users signal abuses in this respect.
California privacy rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
For the time being, the TROFFEE e-Wallet can accept only 2 currencies, which are EURO and USD. The maximum limit in a personal TROFFEE e-Wallet is 150 EURO and/or 150 USD.
The user acknowledge that he cannot load his e-Wallet with a bigger amount and accepts that the TROFFEE system creates that limit.
The user also accepts that any Transfers from another TROFFEE user or a TROFFEE Operator will be rejected in case the amount to be added exceeds the limit of the corresponding currency.
The user also acknowledges and accepts that when making a purchase from a TROFFEE machine using his default currency, and in case there is no sufficient funds available for that currency, the TROFFEE system will try to register the sales Automatically using the second currency if it has sufficient funds.
The user acknowledges and accepts that he can ONLY refund the last transaction amount that have debited HIS e-Wallet and provided that transaction is not older than 15 days.
The user also acknowledges and accepts that the REFUND amount is subject to bank and financial operator’s commissions, hence it will not be the exact amount that was debited.
The user also acknowledges and accepts that the resolution period for such is refund can take up to 21 working days.
In order to ask for a refund, the user has to send an email to email@example.com. A confirmation link will be sent to his email address for further verification and authentication. The user has to click on the link sent by that email to:
ØConfirm the receipt of the email.
ØConfirm that he is the sender of that email.
At this stage, an email will be sent to the user having a REFUND REQUEST TRACKING NUMBER together with the value that is going to be restituted.
TROFFEE BUSINESS SOLUTIONS B.V.
3013 AK, ROTTERDAM
Phone: +31 6 308 92 742
3000 AN Rotterdam