Terms of Service
Truffis is an agricultural company whose production is located in Issoudun in Indre in France, its head office is located in Tahiti in French Polynesia. Truffis is a crowdfunding royalty investment platform dedicated to the White Alba truffle market.
TRUFFIS operates a website (hereinafter “the Site”) also called TRUFFIS, whose address is as follows: www.truffis.com
Internet users accessing this Site and interested in the crowdfunding dedicated to the White Truffle of Alba can become “MEMBER(S)” subject to the validation of their profile inducing the validation of their identity documents provided, in order to benefit in particular the following services offered (hereinafter the “Services”):
– access to the home page
– newsletters- creation of a personal space
– access to the pages of projects currently being funded
– access to the marketplace (Available later)
– and more generally to the content published on the site
These General Conditions of Use (hereinafter the “General Conditions” or “CGU”) are intended to define the conditions under which a user can become a MEMBER and access the Services.
This contract (hereinafter the “Contract”) consists of the General Conditions governed by French law.
Before becoming a “MEMBER”, the Internet user is invited to read the General Conditions of our Payment and/or Electronic Money Service Provider or any intermediary mandated by the Platform appearing on the Site, available here, which describe the operation of the payment and refund transactions that may be carried out on your account.
By ticking the box “I accept the General Conditions of Use” and by clicking on the box “I accept”, the MEMBER declares to irrevocably accept all the General Conditions as well as the General Conditions of the Payment Service Provider and /or Electronic Money or any intermediary mandated by the Platform appearing on the Site by ticking the box provided for this purpose.
Member account – Registration
1. Conditions of access to the Site
Navigation on this site is subject to the regulations in force. The Internet user is invited to consult this page regularly, as updates may have been made since his last visit. Access to the site may be subject to restrictions with regard to certain persons or certain countries, either under general prohibitions or under specific marketing rules.
2. Conditions of access to the Services
The Services are reserved for persons legally capable of entering into contracts under French law; they must expressly ensure that they are legally authorized to connect to this site in the country from which the connection is established and to declare their country of residence, under their own responsibility. The Services are therefore not accessible or intended for minors. No active marketing or canvassing is carried out by Truffis. Internet users residing outside of France must check the rules applicable to them. In particular, access to the Site in no way constitutes canvassing or advice.
3.Conditions Information provided by the MEMBER to the Site
When registering online, the MEMBER undertakes to complete the registration form with accuracy and sincerity, providing accurate, complete and up-to-date information. The MEMBER must complete all the mandatory fields appearing in the registration forms. In the event of a change in one of the mandatory elements appearing in the registration form in his situation, the MEMBER undertakes to immediately update this information concerning him via the Site on his MEMBER space. Truffis cannot be held responsible if it has not been informed of a change in the MEMBER’s situation. The MEMBER acknowledges that creating a false identity is liable to penalties and undertakes not to mislead third parties and to update without delay the personal data that he provided when registering online. In the event that the MEMBER provides information that is false, inaccurate, outdated, incomplete or in violation of the provisions of this article, Truffis shall be entitled to suspend or delete the MEMBER’s account without delay and to refuse him immediately, and for the future, access to all or part of the Services.
4. Creation and use of the account
To create an account, the MEMBER must choose a username and password that will allow him to access the Services and manage his account so that only the MEMBER can benefit from access to his personal information. This account is strictly personal and the MEMBER agrees not to share it or give it to anyone. The identifier and the password are proof of the identity of the MEMBER and the commitment on any use made of the Services through it. The MEMBER can modify the information relating to his account using his username and password. The MEMBER is fully responsible for the conservation and use of his username and password. He must take all measures to prevent unauthorized or fraudulent use of his personal space. To this end, he must regularly change his password in compliance with the security criteria imposed on him by the Site. If the MEMBER observes or suspects unauthorized or fraudulent use of his username and/or password or any breach in security, he must immediately alert Truffis by telephone or by e-mail addressed to [email protected].
5. Emails
By validating their registration, the MEMBER agrees to receive the emails necessary for the proper use of the platform, such as when a new Truffier project arrives on the primary market.
The MEMBER can also subscribe to the newsletter in order to receive other types of emails, such as articles, news etc. In a responsible approach, Truffis makes its best efforts to limit its sending of emails.
The service offered
The MEMBER can subscribe to contracts for the assignment of future income backed by Truffles report financing operations which are presented on the Truffis platform by following the investment process on the website www.Truffis.com. The procedure for disbursing funds is defined in the contract that the MEMBER can see in the T&Cs. The investment will only be made and the funds will be fully collected by the company carrying the project once the amount sought by the company has been reached. If the operation is not carried out, the funds subscribed by the MEMBER will be reimbursed to him in full, within a reasonable period of time, free of charge. This refund cannot give rise to any additional compensation for the MEMBER. No information presented on the Site constitutes legal, tax or other advice.
Certain information presented on the Site may contain forecasts or other forward-looking statements regarding future events or the financial performance of projects.
These statements are only forecasts, opinions or estimates and the reality may turn out to be materially different.
Marketplace
The MEMBER can resell his Truffles to Truffis or by his own means. In order to avoid excessive speculation on the price of the Alba White Truffle, Truffis does not buy back more than the last estimate of the value given by Truffis. This estimated price of the Truffle is only given as an indication. It has no contractual value.
As soon as Truffis buys Truffles from a MEMBER, we transfer the money directly to the desired account as soon as possible by bank transfer.
Member data
By using the Site and registering, the MEMBER acknowledges having read and accepts the processing of his personal data by Truffis in accordance with applicable law and the provisions of the Privacy Policy.
Security
Truffis does not guarantee that the Site will be accessible without interruption.
Truffis may interrupt access to the Site for maintenance reasons and in the event of an emergency in particular.
Truffis undertakes to make its best efforts to secure access, consultation and use of the Services in accordance with the rules of use of the Internet.
Truffis is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses via the content posted on the Site by the MEMBER.
Consequently, Truffis cannot be held liable in particular in the following cases:
– temporary interruptions lasting a few minutes, or a few hours, for updating the Site- Difficulties in operation or temporary interruption of the Services beyond the control of Truffis, in particular in the event of an interruption of electricity or electronic communication
– Temporary interruptions of the Services necessary for developments or maintenance – Failure or malfunctions of the Internet network in the transmission of messages or documents.
The MEMBER agrees not to use devices or software of any kind to disrupt or attempt to disrupt the proper functioning of the Site. The MEMBER agrees not to take any action that would impose a disproportionate burden on Truffis’ infrastructure.
Intellectual Property
The Site, its content, its texts and illustrations, its photographs and images are the property of Truffis and/or third parties contractually linked to Truffis, holders of the intellectual property rights of the Site. It is prohibited to copy and/or download all or part of the Site, its content, its catalog, its texts and illustrations, its photographs and images. The photos and information presented on the website have no contractual value.
The MEMBER therefore undertakes to:
– Only download the content of the Site to your computer for personal use and limited in time
– Only print the downloaded pages of the Site on paper on the condition that the said copies are strictly limited to personal use
– Do not disseminate on social networks and in general to third parties information available on restricted access for MEMBERS of the site
The MEMBER shall in particular refrain from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Services, the pages of the Site, or the computer codes of the elements making up the Services and the Site.
The MEMBER acknowledges that the violation of one of Truffis’ copyrights constitutes an infringement offense punishable in France by article L 335-2 of the Intellectual Property Code and punishable by three years’ imprisonment and 300 000 euro fine. In addition, it is recalled that no hypertext link can refer to the Site without the prior and express authorization of Truffis. In the absence of authorization, such a link is considered as constituting the offense of counterfeiting, an offense whose penalties have already been recalled above.
Infringement of third party rights
The MEMBER guarantees and will indemnify Truffis on first request against any damage suffered by Truffis and against any action for liability which may be brought against Truffis on the basis of the violation of any right of a third party resulting from the use services.
Truffis is the owner and/or has the authorization to use all the rights relating to the logos, trademarks, distinctive signs as well as the databases and software used in the context of the operation of the Site.
Any total or partial representation or reproduction of the logos, trademarks, distinctive signs as well as the databases used on the Site by any means whatsoever without the express prior authorization of Truffis is prohibited and would constitute an infringement.
Truffis reserves the right to take all measures it deems appropriate to prevent or put an end to the infringement of its copyrights or the copyrights of third parties, without any liability whatsoever. be imputed to him as a result.
Warranty / Liability
In the event that Truffis is held legally liable for a breach by a MEMBER of its obligations under the terms of the Contract, Truffis may call the latter as guarantee. Consequently, the MEMBER guarantees Truffis on the occasion of any legal or factual disturbance, and in particular of any action directed against the latter in relation to the present, and will bear all the costs, including the costs of proceedings, damages and related interest.
Truffis undertakes to implement all necessary means to best ensure the provision of the Services it offers to the MEMBER.
Nevertheless, Truffis does not guarantee that the Services offered meet the needs and requirements of the MEMBER.
Truffis declines all responsibility in the event of an error, inaccuracy or omission contained in the information made available to MEMBERS.
Truffis declines all responsibility in the event of cancellation or postponement of a financing operation presented on the Site.
Truffis also declines all responsibility in the event of loss of data, alteration, destruction or any damage affecting the equipment or the computer system of the MEMBER or of a third party and which would result from browsing the Site or using the Services.
Finally, its liability cannot be engaged in the event of force majeure or events beyond its control, in particular in the event of interruption or malfunction of the Services resulting from a failure of the MEMBER’s telephone network or Internet service provider.
Truffis is not responsible for the use which may be made by the MEMBER of the information which he may find on the Site.
No guarantee of investments
The MEMBER acknowledges being aware of the fact that crowdfunding in royalties presents a risk of capital loss and non-liquidity. It is up to the MEMBER to manage his assets in accordance with his financial situation, his objectives and his risk aversion. He is therefore fully aware of and responsible for the investment or disinvestment decisions he makes and declares that he understands and accepts the risks inherent in the investments he would make through Truffis.
Truffis will therefore not be held responsible for the financial and tax consequences of investments for which the MEMBER retains full initiative and responsibility for his choices made on the Site, Truffis’ advisory mission not carrying a management mandate.
The MEMBER is invited to take the time for reflection and to carefully read the documentation made available to him on the Site and to verify all the information he deems useful before making any investment decision.
The MEMBER therefore expressly and irrevocably undertakes not to invest in projects presented on the Site, in cases where:
– He would judge that the information available to him is insufficient to fully assess the investment opportunity and its risks
– His personal, family, patrimonial, financial and/or tax situation did not allow him to invest with regard to the risks presented by the financial product in which he plans to invest.
Duration and end of the contract
The Contract is concluded between Truffis and the MEMBER for the entire duration of use by the MEMBER of the Site and the Services. The MEMBER may terminate this contract at any time and without notice, by sending an email to: [email protected]
Truffis undertakes for its part to respect a notice period of 5 days before any termination.
Truffis may terminate the Contract without notice in the event of abuse of unlawful or fraudulent behavior by the MEMBER or more generally in the event of non-compliance with any of the conditions of the Contract.
Truffis declines all liability towards the MEMBER or any third party due to the interruption, suspension or termination, for any reason whatsoever, of the Contract.
Modification of the contract or services
Truffis reserves the right to modify all or part of the Contract in order to adapt it to changes in its operation, and/or to changes in legislation and/or to changes in the Services offered.
Information relating to sponsorship offers
Definitions
“Sponsor”: refers to the Member who has registered on the Site using the Sponsor’s registration link.
“Sponsor”: refers to the Member with a validated investor profile, a natural person, whose registration link was used by the Referee to create his Account on the Site.
“Site”: refers to the website accessible online at the address www.Truffis.com “Registration link”: refers to the unique URL that allows a new Member to be identified when creating their Account on the Site as being the godchild of another Member.
Sponsorship is limited to investment in a new property (primary market). The purchase of Truffis through the marketplace (on the secondary market) is not eligible for the referral commission.
Object
The site offers a sponsorship offer which remunerates the sponsor 1% and the sponsored child 1% on the purchase of Truffis made by the sponsored child. Truffis may terminate any sponsorship offer in progress without notice and without notification to the Member.
Conditions to be met by the Sponsor to benefit from sponsorship offers:
The Sponsor must not be a qualified investor (a qualified investor is a person defined in point e of article 2 of regulation (EU) no 2017/1129 of June 14, 2017) or exercise an investment advice activity.
The sponsor agrees not to broadcast paid advertising (all channels combined) aimed at exposing their sponsorship code.
If the Sponsor has several Accounts, he can only benefit from the sponsorship offer through one of his Accounts.
In the event that the sponsor is required to provide the contact details of his godchildren, the sponsor certifies that he has obtained the agreement of each of his godchildren to be contacted by Truffis as part of the sponsorship offer.
Conditions to be met by the Sponsored Child to benefit from sponsorship offers:
The Referral must not be a Member of the Site before having registered using the registration link of his Sponsor.
Payment of the sponsorship bonus:
The sponsorship bonus may be invalidated if the Sponsor and/or the Referee have not complied with the terms of the sponsorship program.
Sponsorship bonuses paid in cash are to be declared as non-commercial profits (art. 92 of the tax code).
However, the tax authorities regularly observe a tolerance of up to €1,500 per year per person.
This is the reason why Truffis does not take care for the moment of making this tax declaration and leaves it to each taxpayer to do so respectively.
However, beyond 1500€/year/person of sponsorship bonuses, we will request either an invoice or proof of tax declaration.
Complaints
In the event that you have contacted Truffis support and we are unable to reach a solution for your request, you can contact our Mediator – (being researched) , for any complaint submitted to the course of the last twelve (12) months, electronically: (email of the mediator). The solution proposed by the Mediator is not binding on the parties, who remain free at any time to leave the Mediation process.
Last update: May 2022
