GENERAL TERMS OF USE FOR AVEC PLAISIR SERVICES

INTRODUCTION

This website, avec-plaisir.fr is published by FOODIE FREE, simplified joint stock company with capital of 41 000  euros, registered with the trade and companies register of Lyon, number 837 889 661 whose headquarter are located at 7 allée des coquelicots 69250 Fleurieu sur Saône.

The avec-plaisir.fr website is hosted by the SAS OVH  company with capital of 10 069 020€, whose headquarters are located at 2 rue Kellerman 59100 ROUBAIX, registered with the trade and companies register of Lille Metropole, number 424 761 419.

The Private Virtual Server of FOODIE FREE is located in Strasbourg, in France.

 

Article 1: PREAMBLE

 

FOODIE FREE has developed an online platform in the website, which can be accessed via avec-plaisir.fr as well as on mobile devices.

 

The purpose of this platform and website is to offer users, directly or via AVEC PLAISIR’s partners, a real time research service using geolocation to propose establishments and food business operator offering menu and/or drinks and/or products without one or more allergens. 

 

These General Condition of Use are intended to govern relationships between FOODIE FREE SAS and its members, due to the use of AVEC PLAISIR’s service by them. 

 

Every user of avec plaisir’s service undertake to observe unconditionally and totally the terms oo the general condition of use in accordance with the following previsions.

 

Using AVEC PLAISIR’s service requires to accept the General Condition of Use. The acceptation of the general condition of use can be done by signature of Particular Conditions and/or by the acceptation of this General Condition of Use after log in to https://avec-plaisir.fr

These General Condition of Use prevail over any documents exchanged between FOODIE FREE SAS and its members, except in case of Particular conditions.

 

Article 2: DEFINITION

 

In this General Condition of Use, every word beginning with a capital letter shall have the following meaning:

 

Personal Account: appoints for the personalized interface with which every member, after signing up to AVEC PLAISIR website and service, can access. In this interface:

 

(i) The Private Individual Member could

 

• Look for establishments and food business professionals offering menu and/or drinks and/or products without one or more allergens, in real time,

• Access information on allergen free food,

• Fill in his personal profile with his own dietary restrictions,

• Specify his search preferences,

• Review and share his opinion and advice on Professional Members or Locations visited,

• Add an establishment to his favorites, 

• Suggest an new establishment to AVEC PLAISIR, subject to validation by FOODIE FREE SAS of its conformity to AVEC PLAISIR quality standards,

• Book a table in locations offering this service,

• Benefit from promotions and special offers displayed by Professional Member referenced and subscribed to AVEC PLAISIR website

• And report a Professional Member who would not comply to EU Regulation on Food Allergen. 

 

(ii) The Professional Member could 

 

• Fill an application for one or more of its establishments

 

If its application is accepted by the AVEC PLAISIR team and depending on the offer level chosen, the Professional Member could:

• Fill its detailed contact information and create a profile,

• Provide for each Locations its products and services,

• Manage its establishments and edit their description (opening hours, address, website and social networks),

• Specify its commitments for each Location

• Promote its products and/or services 

• Upload photos and illustrations of his Location

• Respond to User’s review,

• Detail its offer without one or more allergens

• Add its menu or allergens chart

• Make promotions and special offers for Private Individual Member / Users

• Access information on allergen free food, review and agree to AVEC PLAISIR Quality Promise and Standard,

• Upload on the Website any useful information required to process its application.

 

 

General Terms of Use: Refers to this document intended to regulate the use by Members of the Services offered by AVEC PLAISIR

 

Consumer(s): Refers to any natural person who acts for purposes that are not part of his commercial, industrial, artisanal, liberal or agricultural activity.

 

Member(s) and/or User(s): refers to one (or all of) the user(s) of AVEC PLAISIR’s Services, and owner of a Private Individual or a Professional account on the platform, who may use it after signing the General Terms of Use.

 

Professional(s): refers to any establishments owner or manager, food business operator, offering dishes and/or drinks and/or products without one or more allergens, registered to AVEC PLAISIR Services in order to promote its products and services. It can be a natural or legal person.

 

When the Professional is a legal person, he is solely responsible for the respect of its legal and regulatory obligations, especially obligations relative to Consumer Information about allergen and food products offered without prepackaging or/and packaged at its point of sale to the final Consumer, regarding the presence of substance responsible for allergies and intolerances.

 

Service(s): Refers to any services offered by FOODIE FREE SAS to its Members via the Website.

 

Website: Refers to the website operated by FOODIE FREE SAS and made available at https://avec-plaisir.fr and which primary purpose is to list food business operators who offer consumers dishes and/or products without one or more allergens.

 

Visitor(s): Refers to anyone without a Member status.

 

These General Terms of Use are intended to define the terms and conditions for the provision of an online search service of establishment including restaurants, hotels, bar, café, bakery, shops, etc.. These General Terms of Use could be modify by specific terms and conditions for certain featuress.

The service is restricted to natural persons able to take out contracts in French law. The user of the site accessible at the url https://avec-plaisir.fr, is considered as any person who visits the site and / or uses the site or its applications and the associated services.

 

Article 3: OBJECT

 

The purpose of these General Terms of Use is:

- Define the condition of access condition and use of the platform and the online services offered there;

- Specify the framework of the relations between the Users, Individuals and Professionals, and the platform.

 

The relations between the Individual User and the Professional do not fall under the present General Terms of Use. FOODIE FREE SAS is not party to the contracts that can be concluded between the Individual User and the Professional User.

 

 

Article 4: CONTRACTUAL DOCUMENTS

 

The contractual documents which are imposed on Users are, in descending order of priority:

• The Specific Conditions of certain service accessible within the platform;

• These General Terms of Use.

 

In case of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher-rank will prevail for the obligations in conflict of interpretation. In the case of contradiction between the terms of the documents of the same order, the latest document will prevail over the others.

 

Ranking criteria will be applied according to the following principles:

• Obligation by obligation;

• Or otherwise, paragraph by paragraph;

• Or failing, article by article.

These General Terms of Use and the Specific Conditions form an indivisible whole.

 

Article 5 ACCEPTANCE OF THE GENERAL TERMS OF USE

 

5.1 Acceptance

 

The User may benefit from the services offered on the platform only subject to the acceptance of these terms and conditions.

 

These General Terms of Use are available and accessible online through the website or application. Online documents accepted at the time of registration by the User prevail over all paper or electronic versions of earlier date. 

 

The User declares to have obtained from FOODIE FREE SAS all the necessary information regarding the services offered and to adhere without reserve to the present General Terms of Use.

 

The User has the option to save and print these General Terms of Use by using the standard features of his browser or his computer.

 

The User acknowledges that the use of the platform requires compliance with all the requirements defined herein.

 

The acceptance of these General Terms of Use in the form of a “checkbox” or a “Validate button” when registering, constitutes proof that the User has taken cognizance of said provisions and is acceptance of these.

 

5.2 Opposability

 

The present General Terms of Use are opposable as soon as they are accepted by the User, when registering to access the Member area. 

 

In any case, on the date of the User’s first login to the Member’s area, the General Terms of Use are deemed to be read, accepted and applicable.

 

These present General Terms of Use are opposable during the whole duration of use of the services and until new General Terms of Use replace them.

 

The General Terms of Use appearing online on the platform take precedence over any printed version of the previous date.

 

The User may at any time waive the use of the services and the platform but remains responsible for any previous use.

 

5.3 Modification

 

FOODIE FREE SAS reserves the right to adapt or modify these General Terms of Use at any time. 

 

In order to continue navigation and use of the services, the modifications of the present ones will be notified to the Members and will have to be consulted then accepted by the users by the means of the sending of a medium or electronic message (email, email, pop-up or pop-in windows ...). Otherwise, they will no longer be able to use the services.

 

These General Terms of Use come into force on the date of their on line and will be opposable to the Users after their acceptance.

 

Article 6: CONDITIONS OF ACCESS AND IDENTIFICATION

 

6.1 Access to the platform

 

The service is available 24 hours a day, 7 days a week.

 

However, FOODIE FREE SAS reserves the right, without notice or compensation, to temporarily or permanently close the platform or access to remote services, in particular to carry out an update, maintenance operations, modifications or changes in operational methods, servers and hours of accessibility, without this list being exhaustive.

 

FOODIE FREE SAS is not responsible for the non-realization of a transaction between Personal Users and Professionals, and any damages of any kind that may result from these changes and / or temporary unavailability or the definitive closure of any part of the platform or services associated therewith.

 

 

FOODIE FREE SAS reserves the right to supplement or modify, at any time, the platform and the services that are available according to the evolution of the technology.

 

It is the Visitor's responsibility to ensure that his computer and transmission resources are in good working order and up-to-date in order to benefit from the functionality of the site and the applications, and to cope with their evolutions.

 

In case of interruption or inability to use the platform, the user can contact the customer service of AVEC PLAISIR for information at the following address: .

 

 

6.2 Access to the Member area

 

6.2.1 Registration

 

Some parts of the platform and the use of services are reserved and are accessible only to Users, after identification using their personal ID and a password.

 

To open a personal account and thus become a User, the Visitor must first fill out the form available online with his true identity.

 

It is strictly forbidden for any Visitor to create multiple member spaces.

 

FOODIE FREE SAS reserves the right to accept or reject, by email, at its sole discretion, without having to justify any application.

 

The registration procedure for the Member area includes the following steps:

 

  1. Step 1:

 

The Visitor completes an internet registration form by completing the following mandatory data:

For Private User:

  • Civility;
  • First name and last name;
  • Pseudonym;
  • Email address;
  • Password ;
  • Allergens and Specific Dietary Restrictions Profile.

The Private Visitor can also register by logging in with their Facebook or Google account.

 

For the Profesional User:

  • Civility, First Name and Last Name, and function of the establishment’s legal representative;
  • Email
  • SIRET number and / or company name and/or business name;
  • Establishment’s name
  • Adress of the headquarters and / or establishment
  • Location email address
  • Password
  • SIREN number

 

  • Step 2:

After having read them, the Visitor validates and accepts the General Terms of Use by ticking the appropriate checkbox.

 

  • Step 3:

Once the information is filled in, the Visitor validates the form and receives a confirmation e-mail on the e-mail address provided.

 

The Private User has the choice to register or not to the newsletter(s) intended for Individuals of  AVEC PLAISIR.

 

The Professional User has the choice to subscribe or not to newsletter(s) for professionals of AVEC PLAISIR.

 

When registering, the User must provide the information required by FOODIE FREE SAS. This information must be accurate, justified at the first request and be updated regularly by the User.

 

The User must indicate a valid email address that will allow, in particular, the sending of an email confirming his registration.

 

The User undertakes not to create or use other accounts, whether under his own identity or on the identity of third parties, except with the prior written authorization of FOODIE FREE SAS. Otherwise, he will incur the suspension of his account and all the services associated with him.

 

6.2.2 Password

The User is solely responsible for the preservation and confidentiality of his password and other confidential data that may be transmitted to him by FOODIE FREE SAS.

 

The User undertakes to take all necessary measures to ensure this perfect confidentiality.

Any use of an identifier and password make presume a use of the services of the platform by the user which they belong.

The User agrees to notify FOODIE FREE SAS without delay any communication to third parties or theft of his password.

 

This notification must be sent to FOODIE FREE SAS by email at : .

Only the date of receipt of this e-mail will be valid between the parties. 

 

The User is solely responsible for the use of the services that will be made with his username and password.

 

6.3 Suspension of services

 

FOODIE FREE SAS does all the diligences concerning the use of the platform but is not held with a general obligation of surveillance.

 

FOODIE FREE SAS has the ability to operate controls at any time and may, on this occasion, notice the non-compliance by a User of one of the provisions of these General Terms of Use.

 

FOODIE FREE SAS has the opportunity to choose, in its sole discretion and without prior notice, the reaction that seems most appropriate in accordance with the Terms of Use to suspend services:

  • Inform the User of this breach and to asking him to remedy it;
  • Moderate the announcement of the User and/or his Member account
  • Delete his announcement.

 

The deletion of access to its Member account and services is subject to the termination of these General Terms of Use, the conditions of which are set forth in article 13 hereof.

FOODIE FREE SAS cannot in any way be held responsible for the consequences of the removal of access to the Member account and services.

 

Article 7: SERVICES

7.1 Conditions of access to the service

FOODIE FREE SAS provides Users with a search service (geo) -located in real time of establishments, professionals in the food sector offering consumers dishes and / or drinks and / or products without one or more allergens.

 

AVEC PLAISIR allows the Particular User, especially to:

  • Search in real time for an establishment that can offer consumers dishes and / or drinks and / or products without one or more allergens;
  • Access information on allergen-free food;
  • Inform his profile by indicating his dietary constraints;
  • Indicate research preferences;
  • Comment and leave a review on Professionals attended;
  • Add an establishment to your favorites;

AVEC PLAISIR allows the Particular User, especially to:

  • Search in real time for an establishment that can offer consumers dishes and / or drinks and / or products without one or more allergens;
  • Access information on allergen-free food;
  • Inform his profile by indicating his dietary constraints;
  • Indicate research preferences;
  • Comment and leave a review on Professionals attended;
  • Add an establishment to your favorites;
  • Propose a Professional who would not be referecend on the site AVEC PLAISIR, subject to validation by FOODIE FREE SAS;
  • Book a table in the establishments proposing it;
  • Benefit from promotions and special offers offered by Professional referenced and registered on the website AVEC PLAISIR; 
  • And report a Professional who does not comply with regulations on allergens;

AVEC PLAISIR allows the Professional User, including:

  • Submit the application for one or more of its establishment (s)

If his submission is validated by the team AVEC PLAISIR and according to the chosen level of formula, he will be able to:

  • Provide contact information and professional profile;
  • Propose for each of them its products and services (subject to the validation of the team AVEC PLAISIR);
  • Manage the presentation and information of his establishment by updating in particular his opening hours, his geographical location, his website and his social networks (subject to the chosen offer);
  • To inform the commitments of his establishments (subject to the chosen offer);
  • Promote its products and / or services without one or more allergens;
  • Upload photographs or illustration of his establishment (owned by the establishment);
  • Answer to User Reviews (subject to the chosen offer)
  • Specify the Offer without one or more allergens;
  • Access information on allergen-free food;
  • Take note and sign the quality charter AVEC PLAISIR;
  • Download on the AVEC PLAISIR Website the documents and documents necessary for the processing of his application.

 

7.1.1 Specific condition for Professional User/Member

 

Access to the Services is reserved for professionnals in the hotel-restaurant and catering trades (NAF code 5610A, 5610C, 5510Z, 5621Z, 5630Z), to professionnals specializing in th manufacture of bread, its derivatives, pastries and of pastry (NAF code 1071B, 1071C, 1071D) as well as professionals in the retail trade  of food-dominated products (NAF code 4638B, 4711B, 4711C, 4719B, 4721Z, 4722Z, 4723Z, 4724Z, 4725Z, 4729Z, 4781Z).

 

The Professional User, physical person, must be of legal age and legally capable, and justify his registration in the trade and companies register as a merchant, or in the “directory of trades” as a crasftman.

 

The Professional User, a legal person, must prove his registration in the Trade and Companies Register as a commercial company. (EURL,SARL, SAS, SASU…).

 

7.1.2 Specific condition for Private Particular Member/Users

 

7.2 Role of AVEC PLAISIR

 

FOODIE FREE SAS is only an intermediary provider of contact between Particular Users and Professionals offering  a search service (geo) -located in real time of establishments, professionals in the food sector offering consumers dishes and / or drinks and / or products without one or more allergens.

 

FOODIE FREE SAS is not a party to the service and / or sale agreements concluded between Professional Members and Particular Users.

7.3 Operation of the Service

7.3.1 For Users / Individual Members

The registration on the site AVEC PLAISIR allows the Private User:

  • Access information on allergen-free food;
  • To inform his profile by indicating his dietary constraints;
  • Indicate his research preferences;
  • Search in real time an establishment that can offer consumers dishes and / or drinks and / or products without one or more allergens;
  • To comment and give advice and advice on Professionals attended;
  • To add an establishment to his favorites;
  • To propose a Professional who would not be referenced on the site AVEC PLAISIR, subject to validation by FOODIE FREE SAS;
  • To benefit from promotions and special offers offered by Professionals referenced and registered on the site AVEC PLAISIR;
  • To book a table in the establishments proposing it;
  • To report a Professional who does not comply with the European regulations on allergens.

The User recognizes who belongs to him to make any checks which seem necessary or opportune before proceeding to a reservation and / or to go to consume in one of the referenced restaurants on the site AVEC PLAISIR, or to a purchase of foodstuff perishable in one of the listed businesses on the site AVEC PLAISIR.

FOODIE FREE SAS does not guarantee in any way and in any way the products, services and / or commercial practices of Professionals registered and referenced on the platform. As such, FOODIE FREE SAS does not guarantee the User that he is satisfied with the services, products, services and / or commercial practices that he has obtained following a purchase, a recommendation or a reservation through the site AVEC PLAISIR.

7.3.2 For Users / Professional Members

The inscription on the site AVEC PLAISIR allows the Professional User to:

  • Submit the application for one or more of its establishments;

If his candidacy is validated by the team With Pleasure and according to the chosen level of formula, he will be able to:

  • Provide contact information and professional profile;
  • Propose for each of its establishments its products and services;
  • Manage the presentation of his establishment(s), including information on opening hours, geographical location, website and social networks;
  • Inform on the commitments of his restaurant;
  • Promote its products and / or services;
  • Upload photographs or illustration of his establishment;
  • Respond to user comments;
  • Specify the Offer without one or more allergens;
  • Inform and manage its Menu or table and allergens;
  • Make promotions and special offers for Members / Individual Users;
  • Access information on allergen-free food;
  • Read and sign the quality charter AVEC PLAISIR;
  • Download on the Site the documents and documents necessary for the processing of his file.

 

The Professional completes via his member account a page including the characteristics of its establishment, its products and services offered, its special offers and temporary promotions. He undertakes to keep this information up to date.

 

The Professional is solely responsible for the advertisements it publishes on the platform and guarantees FOODIE FREE SAS that it respects the laws and regulations in force and that it does not violate any convention concluded with a third party. FOODIE FREE SAS can not be held responsible for published advertisements.

 

The Professional acknowledges that he freely sets the total price of services and products offered for sale, for which he is solely responsible.

 

ARTICLE 8: USE OF THE PLATFORM

8.1 Obligations of FOODIE FREE SAS

FOODIE FREE SAS provides a linking service between Users. As such, it is under no obligation to verify the identity of Users, to control the legality, or to moderate all the content they put online.

 

It is specified that under no circumstances and at any time, FOODIE FREE SAS is party to the sales contracts and the service contracts concluded between the Users. The same is true of reservations made to professional restaurateurs.

 

The obligations to which FOODIE FREE SAS is held are limited to those of a simple technical intermediary linking between particular Users and Professionals offering a search service (geo) -located in real time establishments, professionals in the food sector providing consumers with food and / or drinks and / or products without one or more allergens.

8.2 Obligations of Users

8.2.1 Compliance Obligations to this Agreement

The user undertakes to use the platform only under the conditions defined herein and in addition:

  • to use the member area only under the conditions defined by FOODIE FREE SAS;
  • not to misuse the use of the platform for personal purposes;
  • not to commit any act of counterfeiting;
  • not to harass others.

 

The User is responsible for the use of the service and its actions on the platform. He agrees to use the platform in a fair manner, in compliance with these terms and conditions, applicable laws and regulations, including laws relating to intellectual property and industrial, computer, files and life private.

 

The User guarantees to FOODIE FREE SAS the good respect of any regulation that would be applicable to him according to his legal status, his economic role and published advertisements.

Users undertake to provide, as soon as possible, any documentary proof requested by FOODIE FREE SAS during the use of the services.

 

8.2.2 Evaluation Service Obligations

FOODIE FREE SAS makes available to its Users a system of "comments" or "evaluations" to enable them to evaluate sometimes the Benefit, sometimes the Professional at the end of a reservation, especially in a restaurant.

 

Ratings and comments are attached to a User and his profile. All comments and photos written by Users will be published on the platform, with the exception of Professionals reported in the context of non-compliance with the regulations on allergens via the "Report a Professional" form. The month and the year of publication of the comment are indicated on the platform, as well as the number of notices filed, the pseudonym or the first name and the first letter of the name of the User or the name of the establishment concerned for the Professional.

 

 

FOODIE FREE SAS does not intervene in the content of the comments published by Users who are not the subject of any automatic control. A possible random check after the comments (unfavorable) can be conducted by FOODIE FREE SAS. Any User having a doubt about the authenticity of a comment concerning him can signal it to FOODIE FREE SAS subject to motivate this report. Any particular user can ask FOODIE FREE SAS the moderation or the deletion of a comment already published on the Site, under reservation to motivate its request. This request must be sent to FOODIE FREE SAS by email at: [contact [a] avec-plaisir.fr].

 

Any Professional User can request FOODIE FREE SAS by mail sent to: 7 alley poppies 69250 Fleurieu sur Saône, moderation or deletion of a comment already published on the Site posted on his or her establishments, under reservation to motivate his request.

Any notification of illicit contents with FOODIE FREE SAS must obligatorily indicate the following information in accordance with article 6 I 5 ° of the law 2004-575 of June 21st, 2004:

  • the date of the notification;
  • if the notifier is a natural person: his name, first name, occupation, address, nationality, date and place of birth;
  • if the notifier is a legal entity: its form, its name, its registered office and the body that represents it legally;
  • the name and address of the addressee or, in the case of a legal person, its name and registered office;
  • the description of the disputed facts and their precise location (with a copy of the precise URL of the content);
  • the reasons for which the content must be removed, including the legal provisions and the factual justifications;
  • a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

Users must make statements that are measured in all circumstances, and in particular when they use the system of "comments" or "evaluations" of institutions and more generally Professionals.

The User forbids any defamatory, insulting, inappropriate, abusive and more specifically any remarks: 

  • hateful, racist, xenophobic, pedophile, homophobic, revisionist or violating the honor or reputation of others, threatening a person or a group of people; 
  • inciting discrimination or hatred against a person or group of persons, in particular because of their origin, whether or not they belong to a particular ethnic group, nation, race, religion or apology war crimes or crimes against humanity contrary to public order or morality; 
  • intended to encourage, assist, peddle or in any way spread rumors and / or violate the private nature of the correspondences and thereby infringe the rights of third parties, intellectual property, privacy, right to privacy picture ; 
  • undermining minors; • broadcasting content for advertising or promotional purposes; 
  • inciting suicide or the carrying out of violent actions against the user himself or others. It is also prohibited to insert a hypertext link to personal sites outside the platform, or sites where ads are aggregated by a common search engine, or not respecting the values and principles defended by these terms of use.

It is also prohibited to insert a hypertext link to personal sites outside the platform, or sites where ads are aggregated by a common search engine, or not respecting the values and principles defended by these general conditions. 

 

The User is prohibited more generally: 

  • Publish information and content (images, photographs, videos, etc.) that are violent, threatening, obscene, defamatory, reprehensible or racially, sexually, religiously or otherwise objectionable, or that engage in repeated toxic behavior, such as continuous publication; 
  • Publish information and content containing nudity, excessive violence or an object that is offensive or contains a link to access such content; 
  • Insert information and content (images, photographs, videos, ...) that are sensitive or contrary to morality and public order. 

 

The User agrees to notify any clearly illegal content, in accordance with the procedure provided for in the article "Notification of illegal content" herein. 

 

The User agrees not to collect in any way whatsoever information about users and users, manually or automatically, especially the data relating to e-mail addresses, without their consent, especially for the purpose of sending unsolicited prospecting or spamming, email chains. 

 

The User agrees not to create or use other accounts than the one initially created, whether under his own identity or on the third, unless prior written permission of FOODIE FREE SAS. Otherwise, he will incur the suspension of his account and all the services associated with him. 

 

The Professional User is prohibited from collecting in any way whatsoever information on Personal Users, manually or automatically, especially data relating to their food constraints, without their consent, especially for the purpose of sending unsolicited prospecting or spamming, email chains.

 

ARTICLE 9. INTELLECTUAL PROPERTY

 

9.1 Elements of AVEC PLAISIR

 

These general conditions of use do not imply any transfer of any kind of intellectual property rights on the elements belonging to FOODIE FREE SAS for the benefit of the User.

 

The site, brands, drawings, models, images, texts, photos, logos, graphics, software and programs, search engines, databases, sounds, videos, domain names, design or any other information or support presented by FOODIE FREE SAS, without this list being exhaustive, are the exclusive property of FOODIE FREE SAS and are protected by their copyrights, trademarks, patents and other rights of reproduction. intellectual or industrial property recognized to them according to the laws in force.

 

Any reproduction and / or representation, total or partial of one of these rights, without the express authorization of FOODIE FREE SAS, is prohibited and would constitute an infringement punished by the articles L. 335-2 and following ones of the Code of the intellectual property.

Consequently, the User prohibits any act and any act likely to directly infringe or not the intellectual property rights of FOODIE FREE SAS.

 

Under no circumstances may the User use, print or reformat the content of the platform for purposes other than private or family. He undertakes not to download, reproduce, transmit, sell or distribute, etc. the content of the web platform.

 

Everyone acknowledges that the information and databases accessible on the platform are the property of FOODIE FREE SAS.

 

9.2 Third party elements 

The elements belonging to third parties, such as trademarks, drawings, models, images, texts, photos, logos without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the legislation in force. 

 

The User agrees not to infringe, directly or indirectly, the property rights of third parties, whose contents are present on the platform and is prohibited from exploiting, in any way whatsoever, the names, trademarks, logos, software, information, databases and all documents communicated to it, in general, in the case of the execution of these general conditions of use. 

 

The User agrees to respect the full rights of third parties, whose content is present on the platform and refrain from arousing any analogy in the mind of the public for any purpose whatsoever. For this purpose, the User agrees to take all necessary measures to protect the said rights with respect to all third parties and, in particular, will maintain in state all the mentions of ownership that will be carried on all the data, information and more generally on the elements available on the platform or made accessible by third parties.

 

 

9.3 Items Uploaded by a Private User Member and / or a Professional

Assuming that the advertisements are protected by copyright or any other right of intellectual or industrial property recognized according to the laws in force, the members, Private User and / or Professional guarantee FOODIE FREE SAS of any recourse of any right holder .

L'utilisateur Particulier et/ou le Professionnel concède en tant que de besoin à FOODIE FREE SAS un droit d'utilisation des éléments qu'il met en ligne, dont il détient la propriété exclusive et qui sont protégés par les droits d'auteurs, marque, brevet et tout autre droit de propriété intellectuelle ou industrielle qui leur sont ou seront reconnus selon les lois en vigueur.

This right of use covers the right for FOODIE FREE SAS to reproduce, represent, adapt, translate, digitize, use for the purpose of the service or sublicense the elements concerning the Individual User and / or Professional on FOODIE FREE SAS, on any communication support, and in particular electronics within the framework of the service (electronic mail, SMS, Internet for example).

 

The individual and / or professional user authorizes FOODIE FREE SAS to modify the elements in order to respect its graphic charter or to make them compatible with its technical performances or any format of support provided as part of the service.

 

The right of use is granted by the Private user and / or the Professional to FOODIE FREE SAS for the whole world, and for the duration of the online accessibility of these elements. FOODIE FREE SAS does not keep a copy of the elements put online, once deleted by the user Private and / or Professional.

 

Article 10. RESPONSIBILITY - INJURY

10.1 User responsibility

The User, and more particularly the Professional User, is solely responsible for the declarations, photos and documents provided to FOODIE FREE SAS, used to validate the advertisements it publishes and any damage caused by these advertisements.

Individual Users are solely responsible for the "ratings" and "comments" they post and must comply with the rules of these terms of use and the laws and regulations in force.

 

Users acknowledge and agree that the elements they provide, as well as their behavior or their comments on FOODIE FREE SAS may be subject to reporting by other Users and a posteriori control by FOODIE FREE SAS, on the basis of objective criteria of assessment, without prejudice to the consequent application of the article "resolution -resiliation" hereof.

 

The User agrees to use the online service and information to which he would have access only under the conditions defined by FOODIE FREE SAS and for a purpose consistent with public order, morality and the rights of third parties.

The User undertakes not to disrupt the use that other users of the platform could make and not to access the other users' member accounts and not to access parts of the platform whose access is reserved.

The User and the Professional undertakes with regard to FOODIE FREE SAS to notify him of any changes relating to the data provided and acknowledges that, failing this, he will remain solely responsible for the consequences of any nature whatsoever that may result.

The User agrees not to collect, use or perform any processing of the personal data of other Users.

To read more - See French version