ARTICLE 1 – LOST PROPERTY DESK SERVICES
1.1 LOST PROPERTY DESK is a service provided by KUPOFTEA (a company registered in France under company number RCS Paris B 530310051), whose registered office is at 125 rue Blomet 75015 Paris, France.
1.2 KUPOFTEA owns and operates the www.lostpropertydesk.co.uk and related sub-domains websites (the "Site"). KUPOFTEA provides a platform on which lost item listings are created and displayed, found items listings are created and dispayed, and owners and finders connect with one another when their listings match.
ARTICLE 2 – DEFINED TERMS
2.1 "Lost Property desk database" refers to the database designed and operated by KUPOFTEA that structures and organises all the lost and found property information advertised by Partners, and by indiduals through their Lost Property desk user account.
2.2 "Terms and Conditions" or "Conditions" means these General Conditions of Use.
2.3 "Partners" refers to Lost Property Offices of local governments bodies or public-oriented corporations, that can advertise lost and found listings on the Site, as per a partnership contract signed with KUPOFTEA.
2.4 "User account" means a login and password of the Site, chosen by a User and used in order to access the Service provided by the Site.
2.5 "User interface" refers to the interface dedicated to users in which Lost Property desk database can be accessed, and lost or found listings can be created. Access to the user interface is granted by a User account.
2.6 "Finder" means the person who found an item.
2.7 "Found property" means any item that cannot be localised by its owner.
2.8 "Owner" means the person who owns a lost item.
2.9 "Lost Property desk Site" or "Site" means the public website that can be accessed at www.lostpropertydesk.co.uk, at URL dedicated to Partners through subdomains such as "partner.lostpropertydesk.co.uk", and several other websites offering similar or associated services.
2.10 "User" means any individual that accesses Lost Property desk database, that creates lost and found listings on the Site, or uses Lost Property desk.
ARTICLE 3 – ACCEPTANCE OF CONDITIONS
3.1 These terms and conditions define the conditions in which users accept to use the Site.
3.2 IN ORDER TO USE THE SITE, USERS ACCEPT THESE TERMS AND CONDITIONS IN FULL BY CLICKING THE SELECT BOX ON THE ACCOUNT CREATION PAGE.
3.3 These Conditions are intended to create binding rights and obligations in accordance with the Contracts (Rights of Third Parties) Act 1999.
ARTICLE 4 – DURATION
4.1 These Terms and Conditions are dated April 2014 and are applicable for the whole duration of the use of the Site.
4.2 KUPOFTEA reserves the right to modify these Terms and Conditions at any time. In addition, KUPOFTEA may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Users. Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
ARTICLE 5 – SERVICES
5.1 KUPOFTEA provides Users with the User interface in order to create and publish lost and/or found property listings.
5.2 KUPOFTEA enables Users to consult Lost Property desk database, under the conditions stated by KUPOFTEA, in order to allow them to find lost items back or to contact potential Owners.
5.3 Applicable law and regulation is available here.
ARTICLE 6 – ACCESS TO SERVICES
6.1 The Site can be accessed through an Internet access. All hardware, software and Internet connection costs are the responsibility of the User.
6.2 Use of the Site is limited to Users over the age of 18 at the time of registration.
6.3 KUPOFTEA reserves the right to limit or withdraw access to the Site, without prior notification, to any User in breach of these Terms and Conditions.
ARTICLE 7 – USER ACCOUNT AND ACCURACY OF INFORMATION
7.1 In order to use the Services each User must create a User Account. Account creation requires that the User chooses a login and password.
7.2 In order to create an account, Users agree to provide any personal information requested by Lost Property desk. Users agree to keep all their personal information accurate and up to date.
7.3 After registration, Users can create lost and/or found listings on the Site.
7.4 Registration does not guarantee that a lost item will be found. KUPOFTEA will not be liable to either party in case a lost item is not found or the owner of a found item is not identified.
ARTICLE 8 – PRICE AND PAYMENT
8.1 Access to the Site, registration and listing creation is free of charge.
8.2 KUPOFTEA's remuneration on items held by Partner's Lost Property Offices will, when applicable, be advertised on the Partner's Site. If not advertised, KUPOFTEA connection fees do not apply on found item held by Partner's Lost Property Office.
8.3 In order to access the Finder's contact details, the Owner might be requested to pay connection fees as per the fees list available on the Site, when applicable. Pricing might be modified without prior notice. Unless otherwise stated, prices are quoted in Sterling Pounds.
8.4 In the event the Site indicates a positive matching result, the Owner is granted access to the Finder's listing in full so as to make an informed decision when deciding to pay, or not, the connection fees. Connection fees are due before the Finder's contact details are forwarded to the Owner.
8.5 Users who choose to access the Finder's contact details are to pay connection fees in due time, via KUPOFTEA's Payment Service Provider.
8.6 Accepted payment modes are credit and debit cards, and bank transfers onto KUPOFTEA's bank account.
ARTICLE 9 – USERS OBLIGATIONS
9.1 Users agree to use the Site in accordance with the Terms and Conditions and applicable law. Subsequently, Users accept to use the Site as per its purpose.
9.2 Users agree to keep the password they chose for creating their User Account confidential. The password is personal and cannot be shared or transferred to another physical or moral person. The User recognises and accepts being the only person responsible for all usage of their password. They accept being presumed responsible, to a conclusive degree, for all consequences and obligations generated by usage of their password by a third party. If Users have reasons to believe that their password has been compromised, they should immediately notify Lost Property desk and change their password via their User Account.
9.3 User confirm that the items posted are genuinely lost property items, and that the User posting found items has the right to be in possession of those items. KUPOFTEA reserves the right to delete listings if KUPOFTEA is legally informed that the items are in fact not genuine lost property (e.g. stolen goods). Any breach of these Terms and Conditions will give rise to immediate suspension of a User Account and they may be restricted from accessing any further Services.
9.4 Users of the Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights. Any such content is contrary to KUPOFTEA’s policy and KUPOFTEA does not accept liability in respect of such content, and Users responsible will be personally liable for any damages or other liability arising and agree to indemnify KUPOFTEA in relation to any liability it may suffer as a result of any such content. However as soon as KUPOFTEA becomes aware of infringing content, KUPOFTEA shall do everything it can to remove such content from the Site as soon as possible.
9.5 Users understand that the Site is a communications platform for Users to transact with one another. The agreement for returning lost items is between the Owner and the Finder. Lost Property desk is not a party to any agreement between Users, nor is Lost Property desk liable in respect of any matter arising which relates to an agreement between Users.
9.6 Users who are finders are fully informed of their legal status as “bailees”, and KUPOFTEA does not take on any of their obligations.
9.7 Generally, Users accept being responsible, to a conclusive degree, for all consequences and obligations generated by using the Site.
9.8 Users understand that the use of the Site does not release them from legal lost property laws and regulations.
9.9 Users understand that acquiring fraudulently a found item is punished by law.
ARTICLE 10 – KUPOFTEA OBLIGATIONS
10.1 KUPOFTEA makes its best reasonable efforts to make the Site available to Users and Partners.
10.2 KUPOFTEA facilitates the actions of Users through a communications platform for Users to transact with one another.
ARTICLE 11 – MATCHING RESULTS
11.1 After reviewing the search results on the Site, the potential Owner of a found item goes through the matching process as to verify the match between the Lost item and the Found item listings.
11.2 The matching result is a software-processed algorithm. In the event the algorithm does not provide a conclusive result, KUPOFTEA can perform a manually-moderated result.
ARTICLE 12 : RESTITUTION PROCESS
12.1 In the event the Site indicates a potential positive match between the listing of a User and one of a Partner, the contact details of the Partner's Lost Property Office are communicated to the User. The Partner's Lost Property Office is the sole decision maker as to accept to return the item and KUPOFTEA is not involved in this process.
12.2 In the event the Site indicates a potential positive match between the listings of Users, the item restitution is organised between Users. KUPOFTEA is not a party in this restitution process.
ARTICLE 13 – SUSPENSION/WITHDRAWAL
13.1 In the event of non-compliance of a User with all or some of these Terms and Conditions, the User acknowledges and accepts that Lost Property Desk can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the Services or the User access to the Site (including in particular the User Account).
ARTICLE 14 – LIABILITY
14.1 KUPOFTEA is a hosting service provider that manages the Site on a software infrastructure intended for Partners and Users use. Subsequently, KUPOFTEA is not and will not act as an agent for any Partner or User.
14.2 KUPOFTEA is a hosting service provider that offers an interface for Users and Partners to publish listings. KUPOFTEA can access Users content in order provide the Services to Users. KUPOFTEA cannot be held responsible for information published by Users or Partners if KUPOFTEA was not aware of their illegality, and if when informed, KUPOFTEA acted promptly to withdraw any illegal content.
14.3 KUPOFTEA will not be liable to any User on the result of a matching between a lost item and a found item. KUPOFTEA has no control on information provided by a User (including for the avoidance of doubt another User) that might be incomplete, inaccurate, misleading or fraudulent.
14.4 KUPOFTEA does not guarantee the condition of the items listed on the Site and operates no control on quality, safety or legality of the listed items, veracity or exactitude of the content of Users and Partners listings.
14.5 KUPOFTEA does not guarantee that a lost item will be found. KUPOFTEA is not a party in the item restitution process since restitution is organised between the Finder or the Partner, and the Owner.
14.6 KUPOFTEA does not guarantee the entirety of the listed items or their components. As for equipments or devices with datastorage or built-in software and information, KUPOFTEA does not guarantee the condition of the items or their contents, and KUPOFTEA does not guarantee that the items listed on the Site are in working order.
14.7 In the event of a technical failure of the Site, KUPOFTEA will make its best reasonable efforts to make the Site available to Users and Partners.
14.8 Access to the Site is not covered by a Service Level Agreement of any kind. In the event of a technical failure of the Site, KUPOFTEA reserves the right to temporarily suspend access to the Site for technical or maintenance reasons, without compensation for the Users. KUPOFTEA agrees to make all reasonable efforts to minimise access suspension duration.
14.9 KUPOFTEA will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by KUPOFTEA (whether suffered or incurred as a result of the KUPOFTEA’s negligence or otherwise) except in the case of fraud or wilful concealment.
ARTICLE 15 – INTELLECTUAL PROPERTY
15.1 The format and content of this Site is protected by United Kingdom and international copyright and Lost Property desk reserves all of its rights in relation to its copyright whether owned or licensed to KUPOFTEA.
15.2 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of Lost Property desk. No party is entitled to extract and/or re-utilise parts of the contents of the Site without the express written consent of KUPOFTEA. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract for re-utilisation of any substantial parts of this Site is strictly prohibited.
15.3 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Lost Property desk) which appear on the Site.
ARTICLE 16 – USERS RIGHT OF USE
16.1 Users right of use of the Site is limited to access and use of the Site for private benefit.
16.2 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of Lost Property desk. No party is entitled to extract and/or re-utilise parts of the contents of the Site without the express written consent of Lost Property desk. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract for re-utilisation of any substantial parts of this Site is strictly prohibited.
16.3 Use the Site in contradiction with the Terms and Conditions and applicable laws will result in User Account withdrawal.
17.1 KUPOFTEA respects the privacy of the Users of the Site. Personal information have been stated to the French Commission Nationale Informatique et Liberté, registered under reference number 1652142.
17.3 KUPOFTEA has no access to the User's payment information.
17.4 Payments are processed via a Payment Service Provider through Secure Socket Layer (SSL).
ARTICLE 18 – DIVISIBILITY OF ARTICLES
18.1 In the event where one or many articles found in the Terms and Conditions or Pricing Policy on the Site are found to be illegal, non-invocable or inapplicable by legal decision, the other articles in the present Terms and Conditions remain in effect.
18.2 Should KUPOFTEA not claim one of these Articles at a specific moment, it reserves the right to claim this Article in the future.
ARTICLE 19 – LAW AND JURIDICTION
19.1 These Terms and Conditions shall be governed by the law of England and Wales and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of England and Wales.
19.2 All litigation with regards to the validity, interpretation, or execution of the present Terms and Conditions of Use will be submitted to the commerce tribunal of the United Kingdom.