GTU and Legal Notice

GTU and Legal Notice

 

COCET is pleased to welcome you to its website “www.cocet.fr” (hereinafter “the Website”), aimed at manufacturers and marketers of paper/cardboard, plastic and metal packaging, to inform them about the French sorting stream for household packaging and help them assess the sortability of their packaging. 

The Website provides general information on sorting streams for paper/cardboard, plastic and metal packaging and on packaging sortability. Users can also ask COCET for assessments of the recyclability of specific paper/cardboard, plastic or metal household packaging aimed at the French market. 

It also provides access to the following information: Access to the method for assessing sortability, Notices published online by COCET, and how to contact COCET with completed documentation to launch the Notice application procedure. 

The purpose of the General Terms and Conditions of Use is to define conditions under which COCET allows Users to access and use the Website. They are applicable with effect from their online publication and for the entire period during which the Website is provided by COCET. 

The Website may be used by Users free of charge with the exception of internet connection costs, for which Users remain liable. 

 

LEGAL INFORMATION

Issued by: COCET is composed of a group of stakeholders from the value chain of sorting household packaging made of paper/cardboard, plastic and metal. 

The Website is co-edited by all of its members: 

  • Citeo, a public limited company with share capital of €499,444.50, registered with the Paris Trade and Companies Register under number 388 380 073, whose head office is located at 50 boulevard Haussmann, 75009 Paris, France – telephone number: +33 (0)1 81 69 06 00 and email address: info@citeo.com. 
  • Polyvalor (Derichebourg Environnement), a simplified joint-stock company with share capital of €100,000, registered with the Angers Trade and Companies Register under number 887 896 967, whose head office is located at 2 Boulevard de la Bouvinerie, 49124 Saint-Barthelemy-d’Anjou, France – telephone number: +33 (0)2 41 18 62 70  
  • Pellenc ST, a simplified joint-stock company with share capital of €7,092,800, registered with the Avignon Trade and Companies Register under number B 435 267 885, whose head office is located at 125 rue François Gernelle, 84124 Pertuis Cedex 4, France – telephone number: +33 (0)4 90 09 47 90, and email address: contact@pellencst.com. 
  • TOMRA SORTING, a limited liability company with share capital of €50,000, registered with the Salon de Provence Trade and Companies Register under number 537 709 461, whose head office is located at 181, Boulevard de la République, 13300 Salon de Provence, France – telephone number: +33 (0)4 67 56 39 66 and email address: TRE-sales-France@tomra.com 
  • Sepur, a simplified joint-stock company with share capital of €2,209,500, registered with the Versailles Trade and Companies Register under number 350050589, whose head office is located at ZA du Pont Cailloux, Route des Nourrices 78850 THIVERVAL GRIGNON – telephone number: +33 (0)1 30 79 20 00 and email address:  sepur@sepur.com 

Editor: 

The co-editors of the Website are as follows: 

  • Jean Hornain, CEO of Citeo 
  • Emmanuel Brun, President of Polyvalor 
  • Jean Henin, President of Pellenc ST 
  • Frédéric Durand, Manager of TOMRA SORTING 
  • Youri Ivanov, President of Sepur 

 

Hosting company: Microsoft Azure, a simplified joint-stock company with share capital of €4,240,000, registered with the Nanterre Trade and Companies Registry under number 327 733 184, whose head office is located at 37 quai du président Roosevelt, 92130 Issy-les-Moulineaux, France – Telephone number: +33 (0)101 816900. 

Production and Development: The Website has been produced and developed by Citeo and its service providers. 

 

DEFINITIONS

 

General Terms and Conditions of Use: refers to these general terms and conditions of use (or GTU) the purpose of which is to define the terms and conditions under which Users can access and use the Website. 

Website: refers to this website “www.cocet.fr”. 

User: means natural or legal persons with a user account on the Website. 

 

ACCEPTANCE

 

By using the Website, Users unconditionally and unreservedly agree to these General Terms and Conditions of Use and their content.

Subject to acceptance of the General Terms and Conditions of Use, a revocable, non-exclusive, non-assignable, non-transferable, and personal right to use the Website is granted free of charge for an undetermined period and for the entire world. Sub-licensing is not permitted. Unless otherwise expressly stated, this right of use precludes the right for Users to modify, copy, translate, disseminate, publish, forward, distribute, produce, display or transfer rights for the Website or its components on any grounds whatsoever, either directly or indirectly, fully or partially, for consideration or free of charge. The right of use thus conferred may not be considered to form part of the User’s assets.

It is stipulated that any Users using the Website as representatives or employees of legal entities are deemed to act in the name and on behalf of such legal entities. Such Users are deemed to agree to the General Terms and Conditions of Use on behalf of such legal entities.

COCET reserves the right to unilaterally amend, at any time and without notice, all or part of these General Terms and Conditions of Use as well as certain features, particularly on technical grounds. The General Terms and Conditions of Use shall come into force as of their publication. 

By using the Website subsequent to the amendment of these General Terms and Conditions of Use, Users signal their unconditional acceptance of the new General Terms and Conditions of Use. Users are therefore responsible for regularly consulting these General Terms and Conditions of Use to familiarise themselves with the terms and conditions in force.

Users undertake to use the Website, in their own name and on behalf of their employees, solely for the purposes set out in these General Terms and Conditions of Use. Any use of the Website for purposes other than those set out in these terms and conditions is strictly prohibited and may be penalised, notwithstanding any claims for damages that COCET members may bring. In particular, Users undertake to use information available on the Website lawfully and fairly, and to refrain from fraudulently accessing the Website or causing functional disruptions.

 

TERMS OF ACCESS AND USE

 

Use of the Website is subject to:

  • Use of a device (mobile phone, tablet, computer, etc.) and browser (the latest versions of Chrome, Firefox, Opera, Safari, Edge) compatible with the Website,
  • The existence of an adequate internet connection from the User’s device,
  • Unreserved acceptance of the General Terms and Conditions of Use,

The cost of equipment and material resources enabling access to the Website shall be borne solely by Users. In particular, Users shall bear the cost of accessing, visiting and using the Website and shall take responsibility for any necessary adaptation to its IT system in order to use the Website.

If Users are fully or partially unable to use the Website, particularly due to device or browser incompatibility, they may not claim any compensation or hold COCET liable.

Users shall refrain from any usage not expressly provided for by the General Terms and Conditions of Use, and in particular from modifying the Website or from extracting information or data from it.

Users undertake to:

  • Use the Website in accordance with the regulations in force, public order, and these General Terms and Conditions of Use;
  • Refrain from using the Website fraudulently or illegally;
  • Refrain from infringing third-party rights, and in particular, respect the intellectual property rights of COCET members or third parties (images, videos, audio or any other protected components) that they may access as a result of using the Website;

Use the Website on a personal basis and refrain from using the Website for commercial purposes;

Only provide genuine and strictly necessary information when contributing, and refrain from any inaccurate descriptions of content accessible on the Website.

Users are responsible for any damage they may cause by using the Website. They shall protect the Website’s co-editors from any requests or claims from third parties invoking infringements of their rights subsequent to the User’s use of the Website.

Users shall compensate the Website’s co-editors for any harm, damage, losses or costs (particularly lawyers’ fees) related to any requests, actions, complaints or claims on the grounds of failure to comply with these General Terms and Conditions of Use.

 

INTELLECTUAL PROPERTY RIGHTS

 

The entire Website and its content are subject to French legislation on copyright and intellectual property (industrial design rights, trademarks, databases) and are protected thereunder.

The entire content of the Website (architecture, graphic standard, texts, titles, photographs, audio, images, illustrations, animated sequences with or without sound, software, etc.) is the exclusive property of COCET’s co-editors or their service providers and/or partners having authorised the co-editors to use and/or operate it.

All reproduction, representation and adaptation rights, and the right to extract and re-use data are reserved, including for downloadable documents, images and photographs.

In accordance with the French Intellectual Property Code, any representation, reproduction, modification, distortion, full or partial extraction of pages, data or any other components of the Website by any process or medium whatsoever, including for downloadable documents and images and photographs, is prohibited and constitutes a counterfeiting offence for which perpetrators may be held civilly and criminally liable, unless they have been granted prior authorisation by the publisher or the rightholders.

Criminal penalties are also applicable to any reproduction without prior and express permission from the editor of any trademarks mentioned or appearing on the Website, which are trademarks registered by the companies that own them.

In the event of any reproduction or representation of all or part of the Website authorised in accordance with these General Terms and Conditions of Use, details of copyright/right of ownership must be included on reproduced documents.

Users undertake not to engage in reverse engineering in relation to all or part of the source codes and codes used in the Website.

 

WEBSITE SECURITY AND AVAILABILITY

 

The Website is accessible 24 hours a day, 7 days a week. COCET takes all reasonable steps to ensure that the Website is continuously accessible and functions properly.

COCET will make every effort to meet its general obligation to protect and ensure the security of the Website and its constituent data. However, Users acknowledge that they are aware of limitations specific to the internet and recognise that it is impossible to fully guarantee secure data exchange against any risk of misappropriation or hacking.

COCET members cannot guarantee that the Website will operate without interruption and/or that its content is free of any errors.

In particular, Users are informed that the Website may be taken offline without any notice for maintenance and data updates required for it to function properly. COCET may also withdraw the Website if it becomes outdated or unfit for purpose or a decision is taken to cease operating it for any other reason whatsoever. Such closure of the Website shall not entitle Users to any damages.

COCET members may not be held liable for any malfunctioning and/or outages of the Website arising from operations performed by Users, or in the event of outages arising from external causes, including those resulting from power cuts, or internet connection outages.

COCET members reserve the right to take any action required to protect their interests against Users who cause infringements of these General Terms and Conditions of Use or security issues.

 

LIABILITY

 

Under a general best efforts obligation, COCET members shall be liable solely for direct damage to property where proven by Users and arising from the Website’s failure to comply with the principles set out in these General Terms and Conditions of Use.

Moreover, the co-editors shall under no circumstances accept liability for indirect damage to property and direct or indirect consequential damage resulting from use of the Website, loss, deterioration, or deletion of elements and/or documents or fraudulent access to Users’ confidential data or information.

In particular, indirect damage should be understood as: lost profit, loss of brand image, and corruption or loss of files, data or computer programs that may notably result from a fault or use of the Website. Any actions taken against Users by third parties are equivalent to indirect losses, and therefore do not entitle Users to compensation.

COCET members and their management or employees may not be held liable for direct or indirect damage of a commercial or non-commercial nature originating from:

Logging in and using the Website (bug, error, inaccuracy, missing information, unavailable features, etc.);

Any outage or full or partial unavailability of the Website on any grounds whatsoever, particularly due to maintenance or technical issues;

Using the Website in breach of these General Terms and Conditions of Use or legal provisions;

User errors such as inputting false or incorrect data;

Fraudulent access from third parties resulting in changes to information provided on the Website.

Similarly, COCET members may not be held liable for the consequences of force majeure events, failures or technical problems involving hardware, programs and software or the internet that may lead to the suspension or termination of the Website.

Furthermore, COCET cannot guarantee that the server hosting this Website is free of any viruses or preclude the occurrence of a technical problem impairing normal usage of the Website.

COCET reserves the right to modify, suspend or interrupt provision of all or part of the Website.

In particular, COCET members shall not be held liable for damage caused by:

Users’ own actions, including omissions and errors (e.g. incorrect use, incorrect configuration of devices, use of outdated browsers, etc.);

 

Any third parties with no links to COCET (e.g. in instances where problems result from the performance, congestion or connection of telecommunications equipment or services, or the performance of Users’ IT equipment).

Users acknowledge that they are solely liable for their use of the Website and must check the accuracy, relevance and consistency of information and data available on the Website. Users are solely liable for using information and any decisions taken based on this information and data.

Although it shall endeavour to provide reliable content, COCET cannot guarantee the accuracy, completeness or comprehensiveness of information presented on the Website, and may not be held liable on any grounds whatsoever for incorrect use of the Website or any damage arising from any errors, inaccuracies, inconsistencies, or imprecision of its content.

 

HYPERTEXT LINKS

 

The Website may include links to other websites belonging to third parties. These links do not in any way constitute approval, validation or support from COCET for the content of these websites or any partnership between COCET and the administrators, authors or hosts of such websites and COCET members may not be held liable for them.

As COCET members do not publish or monitor the sources, content or links featured on such websites, they may not be held liable for the content, performance or access to such websites or any proven or alleged damage or losses further to or related to use of the information, services or data available on such websites.

Furthermore, all administrators of websites or blogs are free to set up links to the Website’s homepage, provided that the following conditions are cumulatively met:

– links must not be used for commercial or advertising purposes,

– the words “COCET website” or any other equivalent or more precise wording must be indicated clearly in the link or next to it,

– the website on which the link is provided must not disseminate illegal, violent, controversial, pornographic, xenophobic information or information that may be contrary to public order or morality.

Any link to the Website that does not meet these conditions, for example, the posting of a deep hyperlink to a page of the Website or to a document other than a web page (such as a downloadable document) is prohibited without the prior written permission of a COCET representative.

Similarly, it is strictly prohibited to even partially use or reproduce elements of the Website within third-party websites through so-called inclusion processes, frames, inlining, or any other similar processes.

 

APPLICABLE LAW

 

The Website and these General Terms and Conditions of Use are governed by French law.

Any use of the Website must occur in conditions compliant with these terms and conditions and shall be deemed to take place within French territory.

COCET members reserve the right to bring any legal action against individuals acting in a way that may be considered illegal or unlawful or in breach hereof.

The parties shall endeavour to reach amicable settlement in relation to any disputes that may arise in connection with the interpretation, formation, performance or cancellation of these General Terms and Conditions of Use.

If no amicable settlement is reached, disputes may be referred to the competent court within the jurisdiction of Paris.