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Terms and conditions of use for MyValobat

Terms and conditions of use

of the site MyValobat-Members

 

Preamble

 

We welcome you to the MyValobat Members Extranet site (hereinafter the "Site"), published by Valobat, a non-profit company, approved by the public authorities as an Eco-organization for categories 1 and 2 of the extended producer responsibility program for construction products and materials in the building sector (hereinafter "EPR PMCB"), in application of articles L. 541-10 and R. 543-288 of the French Environmental Code.

 

Valobat is a simplified joint stock company with a capital of 840,000 euros, registered in the Nanterre Trade and Companies Register under number 902 722 172, with its registered office at 12 place de l'Iris, Tour Saint-Gobain, 92400 Courbevoie.

 

Users (hereinafter the "User(s)") who access the Site declare that they have read and expressly and unconditionally agree to comply with these general terms of use (hereinafter the "TOU").

 

Article 1 - Principle of acceptance of the TOS

 

The purpose of these Terms and Conditions is to provide a legal framework for the use of the MyValobat-Adherent site and the services it offers. The User agrees to use the Site in accordance with the Terms and Conditions, the applicable regulations and Valobat's instructions concerning its use and the information to be entered by the User in application of the contracts concluded with Valobat. The User agrees to refrain from using the Web Site in any illegal manner, for any illegal purpose or in any manner inconsistent with the TOS.

 

Acceptance of the GTU implies that the User has:

  • The necessary authorizations from the entity or organization for which it uses the Site.
  • The computer tools enabling him to use the Site and that his browser ensures a secure access.

 

The User declares that he/she has read and accepted without reservation the present GCU in force on the day of his/her access to the Site. In addition, any use of the Site implies pure and simple acceptance by the User of the GCU in force at the time of his connection.

 

This acceptance is materialized by the selection of the button "I have read and I accept without reservation the General Conditions of Use and the privacy policy regarding personal data" indicated at the bottom of the page of the website myvalobat.fr, as well as when creating a user account on the website.

 

If the User does not accept the TOS, he/she will not be able to use the services offered by the Site.

 

The GTC are applicable for an indefinite period.

 

Valobat reserves the right to modify, at any time, all or part of the GTUs as well as certain features of the Site that do not require major modifications. It is therefore the User's responsibility to consult the GTC regularly.

Any modification of the GCU comes into force immediately and is opposable to any User as soon as he accesses the Site.

 

Article 2 - Definitions

 

CGU: These General Terms and Conditions of Use applicable to the use of the MyValobat-Adherent site.

 

Cookie: A cookie is a small file stored by a server on a user's terminal (computer, phone, etc.) and associated with a web domain. We use "internal" cookies that are deposited on the site's domain. They are used for the proper functioning of the site and to collect personal data to track user behavior. We also use third-party cookies, which are domain cookies, for our advertising and marketing efforts. Cookies are managed by the User through their web browser.

 

PMCB : Building products and materials.

 

User: any natural person using the MyValobat Members website, as an employee or agent of an entity benefiting from Valobat's services under the terms of a membership contract concluded, or who wishes to conclude one, in accordance with the provisions of the Environmental Code applicable to the extended responsibility of producers of construction products or materials in the building sector, and in particular article R. 541-119 of this code.

 

Website: the MyValobat website.

 

Article 3 - Access to the Site

 

Access to the Site is made from the URL address https://myvalobat-adherents.valobat.fr. It induces the creation and use by the User of a login and a password.

 

Any User with access to the internet can access the website free of charge from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not, however, the responsibility of Valobat.

 

Article 4 - Availability of the Site

 

The Site is accessible 24 hours a day, 7 days a week.

 

Valobat will use its best efforts to ensure the continued accessibility and proper functioning of the Web site. Users are informed that access to the Site or to certain of its functionalities may be interrupted or suspended by Valobat without prior notice for maintenance and updating operations necessary for the proper functioning of the Site. The User may not make any claim in this respect.

 

The User declares to be aware and acknowledges that :

  • The data exchanges circulating on the Internet are only relatively reliable and are therefore not protected against the risks of detour or piracy,
  • The technical performance of the Internet as well as the response time for consulting, querying or transferring data are variable and random.

 

As a result, Valobat cannot guarantee that the operation of the Web site will be uninterrupted, continuous and/or error-free and therefore cannot be held liable in the event that the Web site or any of its features are unavailable for any reason whatsoever. Valobat will use its best efforts to ensure that the Site is available again within a reasonable time.

 

Article 5 - Operation of the Site

 

The use of the Site allows the creation of User accounts, the assignment of user profiles to them and, depending on these, the reading / inputting / updating / saving / uploading / downloading of information related to the Users and to the entities (companies) created by them, as well as the management and/or execution of contracts concluded with Valobat.

 

The MyValobat Member Site consists of the following features:

 

 

Registration / Account creation :

 

From the address https://myvalobat-adherents.valobat.fr, the individual user arrives at a login page that allows him to create an access account as a Referrer. If the user has already done so, he/she can access his/her MyValobat Member space by entering his/her login and password.

 

By clicking on the Create my account button, the User is asked to enter certain information:

  • Name
  • First name
  • Email address
  • Phone
  • Function (job)
  • Password

He/she must accept Valobat's email notifications, the TOS, and the site's privacy policy, and click on the Create button.

 

An email containing an activation link is automatically sent to the email address provided by the User.

The sender of the email sent is: envoi@valobat.info.

 

By clicking on the activation link, the MyValobat-members site offers the User to create an account for his company under three different profiles:

  • As a Marketer, he will be able to: join, declare his marketings, access the simulation tool and Valobat services.
    • The User must fill in the following fields:
      • Country
      • SIRET number
      • Company name
      • Address
      • Postal code
      • City
      • Phone
      • Website
      • Legal form
      • Share capital
      • KBIS
      • Intra-community VAT
      • City RCS
      • NAF activity code
      • Marketer status
      • Majority of activity
      • Product category: inert or non-inert materials
      • Last name-first name-email address-telephone-function-power to be charged to the signatory, if different from the Referent.
    • An automatic email is sent, offering the signatory to sign their membership contract.
    • After clicking, the User accesses a page allowing him/her to verify and possibly modify the information previously entered.
    • After validation, the User is redirected to the Docusign application, in order to digitally sign his membership contract.

 

  • In the capacity of Agent he will be able to : Join, declare its bids on the market, and manage the accounts of its principals.
    • The User must fill in the following fields:
      • SIRET number
      • Company name
      • Address
      • Postal code
      • City
      • Phone
      • Website
      • Legal form
      • Share capital
      • KBIS
      • Intra-community VAT
      • City RCS
      • NAF activity code

 

  • As a Visitor, he can : Access the simulation tool, he will have the possibility to join in a second time.
    • The User must fill in the following fields:
      • Country
      • SIRET number
      • Company name
      • Address
      • Postal code
      • City
      • Phone
      • Website
      • Legal form
      • Share capital
      • Intra-community VAT

 

The User can then access his MyValobat-Adherent space using his email address and the password he entered.

 

 

In this version 1.4.6 of MyValobat-Members, the Referrer will be granted the following features

 

 

Marketer

Agent

Visitor

Simulations

x

x

x

Documentary space

x

x

 

Account

x

x

x

Contract

x

x

 

User management

x

x

 

Management of agents

x

 

 

Management of mandates

x

x

 

 

Simulator :

 

From his MyValobat space, the user has access to the simulator to estimate his ecocontributions.

The Simulations page allows you to create a new simulation, and to view previously entered simulations.

  • After clicking on New simulation, the User must fill in the name of the simulation and click on the Create button.
  • The User can then add product lines with the New line button. For each selected product, he must enter the quantity. The simulator will automatically calculate the price of the corresponding eco-contribution.
  • The user can add as many rows as he or she wants, in order to obtain the total of the resulting eco-contribution.
  • It is possible to export the simulation data in CSV or XLSX format.
  • A file template is proposed to allow the User to enter the simulation data in an Excel file, and then import it into the simulation tool.

 

Documentary space :

 

The documentary space allows the User to download useful information such as: guides, the file of codification of products subject to the eco-tax, communication tools...

 

Account :

 

The User can view and modify the information about his company, entered at the time of registration.

 

Contract:

 

If the membership contract has not been signed, it is possible to change the signatory of the contract, and to send the email containing the link to sign the contract back to the email address entered.

In case the contract has been signed, the contract is viewable, printable, and downloadable.

 

User management :

 

The Referrer has the possibility to create users in order to give them certain responsibilities:

  • Organization management: the user created will have the same rights as the Referrer.
  • User management: the created user will have the rights to create and delete users.
  • Payment management: the user created will have access to the management of payment methods.
  • Declaration: the created user will be able to create an annual declaration campaign, declare his products.
  • Validation: the user created will be able to validate and submit an annual declaration campaign.
  • Receiving invoices: the user created will be able to consult the invoices of his company.

 

The New user button opens the form for entering a new user, it contains the following fields: Last name, First name, Email address, Position, Phone. It is then possible to choose the rights to be granted.

 

The new user may be notified by email of the creation of his MyValobat Member account.

 

Proxy Management:

 

Viewing the agents to whom membership, reporting, and payment obligations have been transferred.

 

Mandate management :

 

The referrer can refer a marketer for whom he will be an agent. He must then fill in the following fields:

 

  • Country
  • SIRET number
  • Company name
  • Address
  • Postal code
  • City
  • Phone
  • Website
  • Legal form
  • Share capital
  • KBIS
  • Intra-community VAT
  • City RCS
  • NAF activity code
  • Marketer status
  • Majority of activity
  • Product category: inert or non-inert materials
  • Name, first name, email address, telephone number, position, power of attorney if different from the Referrer.
  • Name, first name, email address, function of the legal representative of the marketer.

 

After validation, an email is sent to the signatory to sign his contract in the Docusign application.

 

The Referrer can also attach other entities to his account:

  1. Add an institution or an intermediate level in order to delegate part of the declaration to it. The information requested is as follows:
    • Country
    • SIRET number
    • Company name
    • Address
    • Postal code
    • City
    • Phone
    • Website
    • Selection of the Referrer.
  2. Adding a subsidiary or a franchisee to inherit the unique identifier number (UID), proof of regulatory compliance. The information requested is as follows:
    • Country
    • SIRET number
    • Company name
    • Address
    • Postal code
    • City
    • Phone
    • Website
    • Legal form
    • Share capital
    • KBIS
    • Intra-community VAT
    • Selection of the Referrer.
  3. Adding a client: refer to the section : Managing mandates.

 

Article 6 - Responsibilities

 

6.1 Access to the Site

 

The User is solely responsible for the management, conservation and consequences of the use of his login and password to access the Site in compliance with the GTU. It is therefore up to the User to take the necessary precautions to avoid their fraudulent use. Valobat can in no way be held responsible for such use and the consequences thereof.

 

Valobat cannot be held responsible for any failure, breakdown, difficulty or interruption in operation, preventing access to the site or to any of its functions.

The equipment used to connect to the site is under the sole responsibility of the User who must take all appropriate measures to protect the equipment and data, particularly from virus attacks via the Internet.

 

6.2 Use of the Site

 

The User uses the Site under his exclusive responsibility. The User is solely responsible for the data he enters on the Site. Any input error may lead to misunderstanding on the part of other users, for which Valobat cannot be held responsible.

 

The User is free to make regular backups of the data entered on the Site. However, the User must keep the supporting documents concerning them in order to present them to Valobat at its request in application of the Contracts concluded.

 

For any question concerning the use of the Site, the User should contact Valobat through the "Contact" menu of the valobat.fr site.

 

The User agrees not to send, either orally or in writing, any message that is insulting, racist, unlawful, threatening, humiliating, defamatory, obscene, hateful, or blasphemous, or any other message that could damage Valobat's image or reputation, constitute a felony or misdemeanor, give rise to civil liability, infringe on legislation or incite to do so, or texts or content that could be used for any purpose contrary to the law.

 

Valobat reserves the right to suspend or close the account of a User who violates the TOS, and may even incur liability.

 

If the User fails to comply with the provisions of the TOS, the User will be solely responsible for the consequences and will indemnify Valobat for any damage, loss or expense (including attorneys' fees) related to any request, action, complaint or claim by third parties or others.

In any case, Valobat cannot be held responsible towards the User or third parties, in particular in the event of legal proceedings by the latter against the User:

  • due to the use of the Site or any service accessible through it;
  • due to the User's failure to comply with the GTU;
  • an alteration and/or loss of data during data entry by the User on the Site due to a break in the flow of energy or the means of telecommunication by the operator concerned;
  • direct and/or indirect, material and/or immaterial, foreseeable or unforeseeable damage (such as loss of brand image, loss of profits, operating loss, commercial damage, lost profit, loss of clientele) resulting from the use or the total or partial impossibility of using the Site;
  • any damage suffered during a visit to the Site, by the User's computer system and in particular, his computers, software, network equipment and any other material used to access or use the Site;
  • the reliability of data transmission, access times and generally the quality of the User's Internet connection;
  • in case of force majeure events, as defined by article 1218 of the Civil Code and related jurisprudence.

The User waives any action against Valobat in the context of the facts set forth above.

 

Should Valobat be the subject of amicable or legal proceedings as a result of the User's use of the site, the User may sue Valobat to obtain compensation for all damages, sums, sentences and costs that may result from these proceedings.

 

Finally, Valobat strives to provide reliable content on the Site, Valobat does not guarantee that its content is free of errors or omissions and cannot be held responsible for any errors or omissions in the information provided on the Site.

 

In application of the regulations in force, Valobat may be required to transmit certain information to the competent authorities or to proceed with the deletion or modification of content. In no case will Valobat be held responsible for this, which the User expressly accepts.

 

6.3 Closing of the Site

 

In the event of non-renewal, loss or withdrawal of the approval issued by the public authorities to organize the collection and processing of waste from products and materials used in the construction and renovation of buildings (PMCB), Valobat will be obliged to close down the Site permanently. Valobat may also decide to permanently close the Site, in particular in the event of the termination of the service offered.

 

Valobat cannot be held responsible in this context.

 

Article 7 - Intellectual Property

 

The Site, its content, its architecture, as well as all its elements such as technical documents, texts, photographs, logos, drawings, videos, sound elements, without this list being exhaustive, are the property of Valobat. They are protected by intellectual property rights and in particular by copyright.

 

As such, Valobat is the exclusive owner of the Site and holds all intellectual property rights and copyrights pertaining thereto.

 

Access to the Site does not confer any right other than the right for the User to benefit from its functionalities in compliance with these GCU.

 

Any reproduction, representation or distribution, in whole or in part, of the content of the Site, on any medium or by any process whatsoever, and in general any use not authorized in advance and in writing or not in accordance with these GCU is prohibited.

 

Violation of these provisions may be subject to appropriate legal action, including an action for infringement.

 

Article 8 - Hypertext links

 

The creation by the User of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorization of Valobat, which may be obtained by sending an e-mail to the following address: contact@valobat.fr.

 

Valobat is free to refuse this authorization without having to justify its decision in any way.

 

In the event that Valobat grants its authorization, this authorization is in any case only temporary and may be withdrawn at any time, without any obligation to justify itself.

 

In any case, any link must be removed upon simple request from Valobat.

 

Any information accessible via a link to other sites is not under the control of Valobat, which declines all responsibility for their content.

 

Article 9 - Protection of personal data

 

Valobat undertakes to comply with the provisions of the General Data Protection Regulation ("GDPR") (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and of the so-called "Informatique et Libertés" law of 6 January 1978 as amended, relating to the protection of personal data as defined by the legislation in force.

 

It is expressly understood between the Parties that the personal data, which are collected in a lawful, fair, transparent, adequate, relevant and limited manner by each of the Parties, as data controller, on the occasion of the signing of the Agreement and its execution, are necessary for its establishment and execution.

 

The personal data collected on the Site, such as surnames, first names, job title, addresses and contact details (e-mail, landline and/or cell phone), connection data and tracking data on the site (cookies) of Users and the entities they represent, are collected in a lawful, fair, transparent, adequate and relevant manner and are necessary for its implementation and for the execution of the Contracts concluded by these organizations or entities with Valobat.

 

Via the Site, Valobat implements a collection and processing of personal data, for which it is responsible and whose purpose is :

  • to be able to exchange with any User having formulated a request for contact;
  • to ensure the creation of the Marketer / Agent / Visitor account;
  • to ensure the signature and execution of the contracts to which the User has access, as well as their management, and the realization of all the acts of execution of these, such as the declarations;
  • to inform the User of the actions to be carried out on the Site, as well as contractual or regulatory changes relating to the PMCB EPR channel.

 

The personal data collected on the Site are essential for exchanges with Valobat, for the creation and management of the User Account and for access to the Site.

 

It will be kept by Valobat for the time necessary for the use of the Site by the User, within the framework of the Contracts concluded to which he/she has access, and after the duration of the latter in the event of a dispute, in compliance with the conservation and documentation obligations resulting in particular from the Commercial Code, the Tax Code as well as the banking and anti-money laundering legislation in force.

 

It is specified that at the end of the concluded contracts, the designated User will receive an email informing him/her of the deactivation of all User accounts. This account will be active again as soon as a new contract is signed.

 

It is specified that the personal data collected are hosted in France or in the European Union. The processing is not likely to involve transfers outside the European Economic Area (EEA). It may be otherwise subject to the User's express agreement to the conditions of transfer proposed by Valobat in compliance with the legislation in force on the protection of personal data.

 

This personal data will be covered by professional secrecy. However, in order to comply with legal and regulatory obligations, Valobat may be required to communicate personal data to third parties (Valobat's suppliers and service providers or partners who may provide products and services complementary to Valobat's services) or to legally authorized judicial or administrative authorities.

 

The User declares that he/she agrees to the collection and processing of his/her personal data for the above-mentioned purposes, by accepting the present GTC and the privacy policy relating to data protection, posted on the Site and the valobat.fr website. In the absence of acceptance, the User will not be able to use the services offered by the Site.

 

The user may, at any time, access, rectify, delete, oppose or limit the processing of personal data concerning him/her, by sending a request by e-mail to the following address: contact@valobat.fr.

 

If the User believes, after having contacted Valobat, that his or her "Data Protection" rights have not been respected, he or she may refer any request concerning his or her personal data to the CNIL.

 

Article 10 - Cookies

 

We use strictly necessary cookies: these cookies are necessary for the operation of the Site and cannot be disabled in our systems. They are generally set as a response to actions that the User performs that constitute a request for services, such as logging in or filling out forms. You can configure your browser to block or be informed of the existence of these cookies, but some parts of the Site may be affected. These cookies do not store any personally identifying information.

Article 11 - Nullity of a clause

 

The nullity in whole or in part of one or more provisions of these TOU, under the terms of a legal or regulatory provision or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by nullity.

 

Article 12 - Dispute Management - Applicable Law

 

The GTC are written in French. Any written or oral communication between the User and Valobat is also made in French. In case of translation of a document, it is expressly agreed between the Parties that the French version will prevail.

The TOS are subject to the application of French law.

 

The User and Valobat will use their best efforts to amicably resolve any dispute relating to the use of the Site or to the existence, interpretation, execution or termination of the GTU.

 

Any dispute that cannot be settled amicably will be submitted to the exclusive jurisdiction of the competent courts of Paris, even in case of connexity or plurality of defenders, and this regardless of the nature of the disputes and the domicile of the interested parties.

 

Valobat cannot be held responsible in the event that the dispute is not resolved.