Terms of Use

1. Purpose and scope

These terms of use (the “Terms”) set out the rules for using Compost'ON, an application available on iOS, Android and web browsers, and the services associated with it (the “Service”).

The Service is published by MLK Concept, a simplified joint-stock company (SAS) with share capital of 10,000 euros, registered with the RCS La Roche-sur-Yon under number 952 491 108, whose registered office is at 114 rue du Maréchal Joffre, 85000 La Roche-sur-Yon, France (“MLK Concept”).

The Terms apply to any person who uses the Service (a “User”): residents, members or coordinators of a composting site, households practising home composting, and officers, elected representatives or partners of an organisation.

2. Definitions

• Client Organisation: a local authority, social housing provider, association, institution or company that has entered into a contract with MLK Concept to use Compost'ON in its area or at its sites.
• Compost'ON Zone: an area in which MLK Concept offers the Service directly to residents and local stakeholders, without going through a Client Organisation.
• Site: a shared composting location (neighbourhood, residential building or institution site) or a household monitored in the Service.
• Content: messages, photos, documents, comments and data entered by Users.

3. Acceptance of the Terms

The Terms are accepted when the account is created. They may be consulted at any time in the app and on the composton.com website.

Where the User acts on behalf of a Client Organisation (as an officer, elected representative or employee), the contract between that organisation and MLK Concept prevails over the Terms in the event of any conflict.

4. Access to the Service and accounts

Use of the Service is free of charge for the User, unless a paid offer is presented to the User in advance and expressly accepted by them. The User bears the cost of the device and internet access required.

The account may be created by the User or, on the User's behalf, by a Client Organisation or a Site coordinator. It is personal to the User. The User undertakes to provide accurate information, to keep it up to date, to keep their login details confidential and to report without delay any use of their account that they have not authorised, by writing to contact@composton.com.

A minor under the age of 15 uses the Service with the consent of one of their parents or their legal representative.

5. The Service

Depending on their role, their area and, where applicable, the choices made by the Client Organisation, the User may in particular: find a composting site and apply to join it, record deposits and monitoring checks, communicate with the members and those in charge of a Site, view a calendar, receive notifications and follow statistics.

Some features are available only in certain areas or for certain roles. MLK Concept develops the Service on a regular basis: it may add, modify or withdraw features, while taking care not to deprive the User of the essential part of the Service without a legitimate reason.

6. Rules of use

Compost'ON is intended for the day-to-day running of composting sites and for waste prevention. The User undertakes to remain courteous and not to publish any content that is:

• unlawful, hateful, discriminatory, violent, harassing, sexual in nature or an affront to the dignity of others;
• defamatory, or infringing the privacy, image rights or intellectual property rights of a third party;
• advertising, commercial or political, or unrelated to the running of the Sites.

The User also undertakes not to:

• use other Users' contact details for any purpose other than the running of the Site, in particular for marketing;
• extract data from the Service on a large scale, or copy or decompile its code, except where permitted by law;
• disrupt the operation of the Service, circumvent its security measures or access data not intended for them;
• impersonate another person or share their account.

7. Published Content and moderation

The User retains ownership of their Content and is responsible for it. For as long as the Content is hosted in the Service, the User grants MLK Concept a free, non-exclusive licence to host, reproduce and display it to the persons concerned, for the sole purpose of operating the Service. Site operating data (deposits, monitoring checks) may also be used in statistical form by the Client Organisation and by MLK Concept.

MLK Concept hosts Content without reviewing it in advance. Any User may report Content that they consider unlawful or contrary to the Terms, from within the app or by writing to contact@composton.com, specifying the Content concerned and the reason for the report. Reports are examined diligently, as a rule within 48 working hours.

Depending on the seriousness of the breach, MLK Concept or the authorised managers of the Client Organisation may remove Content, issue a warning, or suspend or delete an account. The person concerned is informed of the measure and the reason for it, unless prevented by law, and may challenge it by writing to the same address.

The Compost'ON team accesses conversations only where necessary: assistance requested by a User, handling of a report, security or fixing a malfunction.

8. Data entered, quantities and statistics

Deposits, weighings, monitoring checks and other information are entered by Users. Some quantities are estimated from volumes or numbers of containers, using indicative conversion rules. MLK Concept does not guarantee the accuracy of the data entered or of the estimates derived from it.

The statistics in the Service are provided as a management aid. Whoever uses them (Client Organisation, site manager, partner) remains solely responsible for the use they make of them, in particular in its regulatory reports or communications.

9. Advice and composting practice

The advice, factsheets and resources offered in the Service are general in nature. They do not replace the instructions specific to each Site, nor the opinion of the persons responsible for running it.

Unless otherwise agreed in writing, including in Compost'ON Zones, MLK Concept does not operate composting sites, does not supply equipment and is not present on site. The layout, maintenance and safety of Sites are the responsibility of their managers. Each User composts at their own risk, in compliance with the Site's instructions and basic hygiene rules.

10. Availability of the Service

MLK Concept uses reasonable means to ensure that the Service is accessible and works properly. However, it may be interrupted, in particular for maintenance, updates, technical incidents or external causes. In such cases, MLK Concept endeavours to limit the length of the interruption and, where possible, to inform Users in advance.

For Client Organisations, any availability commitments are those set out in their contract.

11. Liability

MLK Concept is liable for damage resulting directly from a breach of its obligations. It is not liable for:

• Content published by Users, provided that it removes promptly any manifestly unlawful Content reported to it;
• the consequences of use of the Service that does not comply with the Terms, or of the User's negligence in safeguarding their login details;
• failures of the internet, of the User's device or of third-party services over which it has no control, or cases of force majeure;
• the content of external websites to which links published in the Service lead. A warning is displayed before such a link is opened.

Where the User acts in a professional capacity, MLK Concept is not liable for indirect damage, such as loss of opportunity, loss of data or damage to reputation.

Nothing in the Terms limits MLK Concept's liability in the event of gross negligence or wilful misconduct, personal injury, or in cases where the law prohibits such a limitation. In any event, the User retains the rights granted to them by law as a consumer.

12. Intellectual property

The app, its code, texts, visuals and databases and the Compost'ON trade mark are the property of MLK Concept or its partners. MLK Concept grants the User a personal, free, non-exclusive and non-transferable right to use the Service in accordance with the Terms, for the lifetime of their account. Any unauthorised reproduction or exploitation is prohibited.

13. Personal data

The processing of personal data is described in the privacy policy, which forms part of these Terms.

14. Ending use, suspension and deletion of the account

The User may stop using the Service at any time and request the deletion of their account from the app's Settings, under “Delete my account”, or by email to contact@composton.com.

In the event of a breach of the Terms, MLK Concept may suspend or delete an account after inviting the User to submit their observations. It may act immediately in the event of a serious breach, manifestly unlawful Content or a risk to the security of the Service or of other Users.

Where access was provided by a Client Organisation, it may end at that organisation's request or when its contract expires. In that case, MLK Concept endeavours to allow the User to continue using the Service in a personal capacity where possible.

15. Changes to the Terms

MLK Concept may amend the Terms, in particular to reflect changes to the Service or to the law. Users are informed of any significant change at least 15 days before it takes effect, by notification, by email or by a message in the app. A User who does not accept the new version may delete their account. Continued use after the new version takes effect constitutes acceptance.

16. Governing law and disputes

The Terms are governed by French law. A User residing in another European Union country retains the protection of the mandatory provisions of the law of their country of residence.

In the event of a dispute, the User is invited first to write to contact@composton.com in order to seek an amicable solution. A User who is a consumer may also refer the matter free of charge to the consumer mediator CNPM Médiation Consommation. Recourse to mediation is optional.

Failing agreement, the dispute shall be brought before the competent court in accordance with the ordinary rules of law. Between professionals, jurisdiction is conferred on the courts within the jurisdiction of La Roche-sur-Yon.

17. Miscellaneous

If any clause of the Terms is held to be void, the remaining clauses shall continue to apply. MLK Concept's failure to rely on a breach does not constitute a waiver of its right to rely on it subsequently.

18. Contact

For any question about the Terms: contact@composton.com, or by post to MLK Concept, 114 rue du Maréchal Joffre, 85000 La Roche-sur-Yon, France.