Terms and Conditions of Use

Preamble

Food and Good SAS

SAS au capital de 10 000,00 €
RC Colmar – SIREN 921209391
Siège social : 3 Place de Lattre de Tassigny 68000 COLMAR
Email : contact@foodandgood.fr,

Company specialized in the sector of advertising agencies and publishing activities.

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These terms and conditions of use apply to all websites (hereinafter referred to as “the Sites”), mobile and tablet applications (hereinafter referred to as “the Applications”) and/or their localized versions, published by Food and Good SAS .

Users declare that they have obtained all necessary information from Food and Good SAS prior to accessing the services offered by the Sites and/or Applications and that they accept these general conditions of use without reservation.

Accordingly, these terms and conditions of use govern the relationship between Food and Good SAS and any user of the Sites and/or Applications. These general terms of use apply from the first connection to the Sites and/or Applications by the user, who agrees to be subject to the rights and obligations hereof without reservation. If you do not agree to these terms and conditions, you are not authorized to use the Sites and/or Applications.

 

1. Object

The purpose of these general conditions of use is to set the conditions of access and use of the Sites and/or Applications, as well as the rights and obligations arising therefrom.

 

2. Contractual documents

The contractual documents are, in descending order of priority:
– the special conditions of use specific to certain services;
– the present general conditions of use.

In the event of contradiction between documents of a different nature, it is expressly agreed that the provisions contained in the higher-ranking document shall prevail for those obligations that are in conflict of interpretation.

 

3. Changes and developments

3.1 Modifications and evolutions of the services

Food and Good SAS reserves the right to make modifications and/or improvements and/or developments to the Sites and/or Applications.
Food and Good SAS reserves the right to modify the terms and conditions of access to the services, in particular from a technical point of view.
In addition, Food and Good SAS reserves the right to discontinue, permanently or temporarily, one or more of the services available on the Sites and/or Applications.
Consequently, users acknowledge and accept that no compensation may be granted to them in respect of a modification to one or more of the services offered by Food and Good SAS on the Sites and/or Applications.

3.2 Modifications and evolutions of the general conditions of use

Food and Good SAS may, at any time and without notice, modify the terms of these general conditions of use. Such modifications shall come into force as soon as they are posted on the Sites and/or Applications.
Any access to or use of the Sites and/or Applications after the entry into force of the modifications to the terms and conditions of use concerned shall constitute acceptance of the new terms and conditions of use for the services offered.
It is therefore recommended that the user of the Sites and/or Applications regularly consult the terms and conditions of use accessible on the Sites and Applications in order to take note of any modifications or changes thereto.

 

4. Obligations of the user

Food and Good SAS grants users of the Sites and/or Applications the right to access and use the Sites and/or Applications exclusively for private, non-commercial use. Any collective and/or commercial use is strictly forbidden.
The user undertakes, within the framework of the use of the Sites and/or Applications, to respect the present general conditions of use.
The user undertakes to use the Sites and/or Applications and all the information to which he/she may have access only for a purpose that complies with public order, good morals, the rights of third parties, Food and Good SAS, and the ethical rules that regulate the Internet.
The user undertakes not to commit any act that could jeopardize the computer security of the user or other users of the Sites and/or Applications and not to disrupt the use that they could make of the Sites and/or Applications.
The user undertakes to inform Food and Good SAS, by registered letter with acknowledgement of receipt, of any complaint, legal action or claim to which it may be subject and which may have consequences for the present general conditions of use.
Furthermore, the user is forbidden to make automated requests in any form whatsoever on the Sites and/or Applications (software, meta-search, etc.).

 

5. Interactive services

5.1 Access to the Interactive Services

Food and Good SAS offers users of the Sites and/or Applications the possibility of benefiting from interactive services (hereinafter the “Interactive Services”).
The Interactive Services consist of the possibility for users of the Sites and/or Applications to publish content (hereinafter the “User Content”) of the following type:
opinions and/or comments, texts, menus, descriptions, in particular of restaurants, businesses, places, sites , photographs in particular of restaurants, businesses, products, places, sites ;

User Content is made available to other users of the Sites and/or Applications concerned.
Depending on the User Content concerned, users of the Interactive Services may be required to comply with certain format or size requirements, which will be indicated on the relevant publication form.
Access to the Interactive Services may be subject to the prior creation of a personal “My Account” account in order to allow:
Food and Good SAS to optimize your use of the Interactive Services and to comply with its legal obligations of identification;
all users of the Interactive Services to recognize their own contributions.

The terms and conditions for the processing of personal data collected by Food and Good SAS when creating the “My Account” personal account are governed by the provisions of the Personal Data Protection Charter.

5.2 Prohibition

You agree not to post User Content that violates applicable laws and regulations.

In particular, you may not post any User Content:
– not related to the subjects treated;
– contrary to public order or morality;
– defamatory, insulting, inappropriate, abusive, hateful, pornographic, pedophilic, revisionist, damaging the honor or reputation of others, including Food and Good SAS, threatening a person or group of persons;
– inciting discrimination, hatred of a person or a group of persons because of their origin, their sexual orientation, their handicap, or their membership or non-membership of a particular ethnic group, nation, race or religion, or advocating war crimes or crimes against humanity (incitement to hatred or violence);
– infringing the rights of third parties, intellectual property, privacy, image rights and in particular, but not exhaustively :
– to disseminate in any form whatsoever content that infringes patents, trademarks or trade secrets or any other right relating to the intellectual property of third parties (copyright, neighboring rights, …), including removing or erasing any mention of copyright or trademarks, as well as any restrictive legend;
– aimed at downloading, displaying, transmitting in any way whatsoever or directing Internet users directly (hypertext link) or indirectly to any content containing pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, computer viruses or any code, files or programs designed to interrupt, destroy or limit the functionalities of any software, computer or telecommunications tool and, in general, any software or other tool that may infringe on the rights of others and the security of persons and property;
– aiming to disseminate deliberately false information with the aim of harming others or aiming to encourage, help, peddle or propagate in any way whatsoever rumours and/or violating the privacy of correspondence;
– attempting to mislead other Internet users by usurping the name or identifier of a user of the Sites and/or Applications;
– to download, collect, store personal and/or nominative data relating to other Internet users;
– to disseminate in any form whatsoever content that the law or contractual relations do not allow to be transmitted, such as internal company information or information relating to intellectual property, confidential information received or communicated in the context of professional relations or subject to a confidentiality clause;
– aiming to commit any action having a disruptive effect and/or hindering the real-time communication capabilities of “My Account”, the Sites and/or Applications;
– to use the online communication space for advertising, professional or commercial purposes (canvassing, soliciting or prostitution) or generally to offer products and services that directly or indirectly remunerate a third party;
– aimed at diverting the purpose of the online communication space for propaganda purposes, proselytizing ;
– inviting to visit a paying site or having a commercial or advertising purpose;
– harming minors in any way whatsoever;
– inciting suicide or violent actions against oneself or others;
– aimed at harassing others;
– inciting the mistreatment and/or attack of individuals or animals;
– linked to the manufacture or trade of weapons or explosives.

5.3 Moderation

In providing the Interactive Services, Food and Good SAS acts as a technical service provider, hosting the User Content published via the Interactive Services.

However, the user acknowledges that Food and Good SAS may verify User Content after it has been put online by any means it deems useful, either directly or by calling on a moderator.
Users thus acknowledge that Food and Good SAS has the right, at its sole discretion, to modify or delete any User Content that it considers to be contrary to the editorial line of the Sites and/or Applications, to the laws and regulations in force and in particular to the prohibitions referred to in the present article, or which has been reported to it as such by the legal authorities.

An alert system is available at all times to any person who wishes to report the publication on the Sites and/or Applications of any content contrary to the provisions of these general terms of use, and more generally to the laws and regulations in force of which he or she is aware.
To exercise this right, you can send us any complaint by using the online form available by clicking on the “Contact Us” section and providing us with all the information you consider useful for this purpose.
Please note that all your statements may be used in legal proceedings. You may be held civilly and criminally liable if you provide false, inaccurate or misleading information.

 

6. Hypertext links

The creation of a link to the Sites and/or Applications without the express prior authorization of Food and Good SAS is prohibited. In any event, hypertext links to any of the Sites and/or Applications must be removed at the first request of Food and Good SAS.

As a result, the following are prohibited:
– any inline linking enabling the Internet user to automatically view content from the Sites and/or Applications in a specific location;
– any framing link enabling a page from one of the Sites and/or Applications to appear in a frame within the page of the Site or Application visited by the Internet user;
– any link from sites that contravene the prohibitions set out in the “Prohibitions” article of these general conditions of use.

However, Food and Good SAS hereby authorizes you to create :
– one or more simple hypertext link(s) pointing to the home page of one of the Sites and/or Applications;
– one or more simple hypertext link(s) pointing to the home page of the various sections of one of the Sites and/or Applications;
– one or more hypertext link(s) pointing to a map, an itinerary, a list of points of interest and/or a descriptive sheet, following the instructions of the Site and/or Application services offering this option.

 

7. Responsibility

7.1 Responsibility of Food and Good SAS

Food and Good SAS undertakes to use its best efforts to provide users with accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information published on the Sites and/or Applications.

Food and Good SAS undertakes to use its best efforts to ensure that the Sites and/or Applications are available to users at all times. Nevertheless, Food and Good SAS shall not be held liable in the event of partial or total unavailability of the Sites and/or Applications for any reason whatsoever. In any event, the user may not claim any difficulty in accessing the Sites and/or Applications to access the information in fraud of these general conditions of use.

Food and Good SAS cannot be held liable by users of the Sites and/or Applications for indirect and/or unforeseeable damage suffered by the user.

Consequential damages include loss of data, time, profits, turnover, margins, orders, customers, operations, income, business actions, or damage to brand image, expected results and actions of third parties. Nor can Food and Good SAS be held liable for any orders or investment decisions based on information contained on or accessible through the Sites and/or Applications.

Finally, the user is informed of the risks inherent in the use of the Internet, particularly in terms of security defects in the transmission of data, and acknowledges that he/she has the necessary skills and means to access and use the Sites and/or Applications. In no event will Food and Good SAS be liable for any such risks, or for any consequences thereof, which may be detrimental to the user to any extent whatsoever.

7.2 Liability for the Interactive Services

The user acknowledges that all User Content published via the Interactive Services remains the responsibility of its author and may not be assimilated in any way to any opinion, advice or comment of Food and Good SAS, its partners, affiliates or employees.
Food and Good SAS, the technical service provider hosting the User Content published via the Interactive Services, may not be held liable for the publication of User Content as part of the provision of the Interactive Services.

Food and Good SAS is therefore not subject to any general obligation to monitor the User Content it stores, nor to any general obligation to search for facts or circumstances revealing illicit activities, nor to any obligation to guarantee the accuracy, probity or honesty of the User Content published on the Sites and/or Applications.

Consequently, Food and Good SAS cannot be held liable for the activities or User Content if Food and Good SAS did not have actual knowledge of their illicit nature or of facts and circumstances revealing such nature or if, as soon as it had such knowledge, it acted promptly to remove such data or make access to it impossible.

7.3 Liability for Third Party Services

The Sites and/or Applications may contain links to third party sites such as rental companies, hoteliers, hotel reservation platforms offering a number of services, as well as content or services offered directly to users by third parties, restaurateurs, weather information providers, etc. (hereinafter “the Third Party Services”). Food and Good SAS has no control over the providers of third-party Services and therefore assumes no responsibility for the quality, availability or content of third-party Services.

Food and Good SAS shall not be liable for any direct or indirect damages arising from the use of third-party Services by the User.

 

8. Property

8.1 Food and Good SAS content

The elements belonging to Food and Good SAS, such as the Sites, the Applications, the brands, the drawings, the models, the images, the sound and video clips, the texts, the photos, the logos, the graphic charter, the software, the search engine, the databases, taken as a whole or individually, without this list being exhaustive, are the exclusive property of Food and Good SAS.

The present general conditions of use do not imply any transfer of intellectual property rights of any kind on the elements belonging to Food and Good SAS for the benefit of the users.

Is therefore unlawful and in particular:
– any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the Services, works, services, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Sites and/or Applications;
– any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constituted by the Sites and/or Applications;
– any extraction or reuse, repeated and systematic, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Sites and/or Applications;
– any link, access, modification, addition, deletion that affects the automated processing system of the online edition and changes the conditions of publication or editorial policy;
– any action that has the effect of creating an analogy or confusion in the mind of the public between the Services of the Sites and/or Applications and the products or services of third parties. To this end, the user undertakes to take – all measures necessary to protect the said rights against all third parties and, in particular, to maintain in good condition all property notices which may be displayed on all data, information and, more generally, on the elements which may be consulted on the Sites and/or Applications or which are communicated to him by Food and Good SAS;
– fraudulently accessing and maintaining an automated data processing system;
– fraudulently deleting, modifying or adding data to this system;
– obstructing this system.

In this respect, any use not expressly authorized in writing and in advance by Food and Good SAS is prohibited and constitutes an infringement. Any user who acts in fraud of the present general conditions of use exposes himself to civil or penal proceedings which repress in particular the infringements of the copyright, the neighbouring rights, the rights of the producers of data bases as well as the systems of automated data processing.

8.2 User content

User Content remains the property of its authors or their assigns.

Users grant Food and Good SAS a non-exclusive license, free of charge, to represent, reproduce, exploit, modify, adapt, in particular in terms of size, definition, framing, switching to black and white, attenuation, transparency, archive, translate the User Content, or integrate it into other content, on all paper or digital media, including the Sites, Applications, media aimed at promoting Food and Good SAS products and/or services, and any other Food and Good SAS products, known or to come, for promotional or commercial purposes, and by any means, for the entire world and for the duration of the literary and artistic property rights attached to the User Content concerned and of current and future international conventions.

Food and Good SAS will do its utmost to respect the moral rights of authors, and in particular the right of authorship of photographic works.

The user declares that he/she has all the intellectual property rights, whether they are intellectual creations belonging to him/her or for which he/she has ensured all the prerogatives, notably of intellectual property, necessary, allowing him/her to accept the present general conditions of use and to comply with all the stipulations of the latter.

In this respect, the user guarantees Food and Good SAS the peaceful enjoyment of the User Content it publishes on the Sites and/or Applications. The user therefore undertakes to assume full responsibility for any action, claim, eviction, recourse or opposition on the part of any third party invoking an intellectual property right or an act of unfair and/or parasitic competition which has been infringed as a result of the publication of the User Content concerned.

Consequently, the user will be liable for any damages awarded against Food and Good SAS as a result of an act of infringement, unfair competition or parasitism resulting from the publication of the User Content concerned, as soon as the award becomes enforceable, as well as any costs incurred by Food and Good SAS in its defense, including attorney’s fees.

The user shall likewise indemnify Food and Good SAS against all damages suffered by it as a result of disturbances in its peaceful enjoyment.

Failure to comply with the provisions of this article may result in the removal of the disputed User Content, notwithstanding any other legal action and/or damages that Food and Good SAS may be entitled to claim from you.

8.3 Third Party Content

Elements belonging to third parties, such as websites, trademarks, designs, models, images, sound and video clips, texts, photos, logos, graphic design, software, without this list being exhaustive (hereinafter “Third Party Content”), 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 present terms and conditions of use do not imply any transfer of intellectual property rights of any kind to third-party Content for the benefit of users unless expressly authorized by Food and Good SAS or its author. Consequently, the user is forbidden to infringe, in any way whatsoever, these rights.

Users acknowledge that, insofar as third-party Content expressly refers to the websites on which it is available, no confusion of any kind is possible and that such elements and content cannot reasonably be presumed to be the property of Food and Good SAS.

 

9. Data processing and liberties

In accordance with the regulations governing the protection of personal data, and in particular Act no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended, and its implementing decree, Food and Good SAS may collect personal data essential to the provision of certain services to users of the Sites and/or Applications.

The terms and conditions for processing personal data collected by Food and Good SAS when using the Sites and/or Applications are governed by the provisions of the Personal Data Protection Charter.

In application of the law relating to data processing, files and freedoms of January 6, 1978, as amended, you have the right to question, access, modify, rectify, delete and oppose your personal data for legitimate reasons, as well as the right to define directives concerning the fate of your data after your death.

To exercise this right, simply send us a letter, together with a copy of your identity document, to the following address: Food and Good SAS, Service Client, 3 Place de Lattre de Tassigny 68000 COLMAR.

 

10. Non-compliance with the general terms of use

In the event of a breach of these terms and conditions, Food and Good SAS may take any action it deems appropriate against the user responsible for the breach.

11. Evidence agreement

All correspondence exchanged between the parties shall be deemed to be evidence and shall therefore be enforceable against them.

The computerized registers kept in the computer systems of Food and Good SAS will be kept in general conditions of security and considered as proof of communication between the parties.

The archiving and storage of accesses to the services are made on a reliable and durable medium that can be produced as evidence.

12. Domiciliation and notification

Food and Good SAS elects domicile at the address shown on the Sites and/or Applications.

13. Customer Service

For any information or questions relating to the use of the Site and/or Applications, the Food and Good SAS customer service is available to users by sending an e-mail to: contact@foodandgood.fr.

14. Applicable law and jurisdiction

The present general conditions of use are governed by French law.
This applies to both substantive and formal rules, regardless of where the user accesses the site and regardless of the content of the data.

IN THE EVENT OF LITIGATION, COMPETENCE IS EXPRESSLY ATTRIBUTED TO THE COURTS OF: COLMAR, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, EVEN FOR THE PROCEDURES OF URGENCY OR FOR THE CONSERVATORY PROCEDURES, IN REFEREE OR BY REQUEST.

Last Update: November 12, 2021.

 

Terms of use of My Account on sites and applications developed by Food and Good SAS

1. Object

These terms of use govern your use of the services offered by Food and Good SAS under “My Account”.

You explicitly and unreservedly accept these conditions, which may be modified by Food and Good SAS at any time, simply by registering or connecting to your account on the My Account service, hereinafter “My Account”. If you do not agree to these terms of use, you are not authorized to use this service.

2. Your Personal Information

The personal information we collect when you register for My Account helps us to provide you with a unique browsing experience on Food and Good SAS applications and websites and those of its partners. This data may be collected directly from you by Food and Good SAS, or it may be transmitted to us by a partner social network when you register or log in. When you register or log in using social network data, you will be informed of the data transmitted to us by the relevant social network and we will seek your prior consent to do so.

Insofar as you have given your consent to this effect, Food and Good SAS, in its capacity as data controller for the collection of personal data from My Account, implements the processing of personal data for the purpose of creating a consumer database for the purposes of loyalty, prospecting, promotion, behavioral studies and/or marketing.

This database will then be used by Food and Good SAS for the information and promotion of its products and services and by all Food and Good SAS companies or its partners, for the information and promotion of its own products and services, all these entities acting as data processors.

Your personal data may also be used for prospecting purposes by third-party companies, if you have given your consent by checking the box provided for this purpose.

Food and Good SAS undertakes to comply strictly with current legislation in order to protect the privacy of its users and not to retain your data beyond the period necessary to manage the commercial relationship and for 5 years in the case of commercial canvassing.

The identifiers and passwords, such as you define or use them during your registration, or as they may be modified later by you, are personal to you. This information is strictly confidential. Each user remains entirely responsible for the use of these identifiers and passwords, which he or she undertakes to keep secret and not to disclose in any form whatsoever to third parties. Insofar as you communicate them to third parties, you acknowledge that you remain the sole master and responsible for the use that may be made of them. Food and Good SAS cannot be held liable for the use of these identifiers by third parties.

In accordance with the French Data Protection Act of January 6, 1978, as amended, you may exercise your rights of access, rectification and opposition, as well as the right to define directives concerning the fate of your data after your death, by contacting Food and Good SAS, 3 Place de Lattre de Tassigny 68000 COLMAR.

3. Terms of use of the My Account service

Food and Good SAS offers you the possibility of creating an Account and grants you the right to use it exclusively for private, non-commercial purposes. Any collective and/or commercial use is strictly forbidden.

When you register for My Account, you are asked to fill out a registration form. In accordance with the regulations in force, this form indicates the information required to register. We may also make available to you the ability to register and log in using the login credentials you use on certain identified social networks. Food and Good SAS then delegates the management of your registration and/or connection to the social network concerned and in no case collects your identifiers and passwords.

All the information we collect during your registration allows us to optimize your use of these services and to comply with legal obligations of identification.

Your Account allows you to use the interactive services of the applications and websites that connect to it (hereafter “Services”). You agree to use the Services in accordance with applicable regulations. In particular, we urge you to exercise restraint and caution in the expression of content and opinions that you wish to disseminate through the Services. Once your content or opinion has been published, it may be distributed on all digital or paper media on all Services published or offered by Food and Good SAS. You agree not to post any content or notices on the Services that violate any applicable laws or regulations.

In particular, you prohibit yourself from:
– to disseminate information contrary to public order or morality,
– to divert the purpose of the Service to propaganda or proselytizing, canvassing or soliciting,
– publish information of a commercial or advertising nature or that constitutes propaganda for tobacco, alcohol, or any other controlled substance, product or service,
– to use the Services offered in conditions that do not disrupt the free communication of other users or transmit content that constitutes or incites the commission of acts punishable by law,
– to disseminate content that violates the personality rights of third parties or that is defamatory, insulting, obscene, pornographic, offensive, violent or incites to discrimination, political violence, racism, xenophobia, sexism or homophobia,
– to publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their family name, postal and/or electronic address, telephone, photograph, sound or audiovisual recording,
– fraudulently access the Services and third party Accounts.

You also undertake not to infringe the intellectual property rights of third parties, in particular by removing or deleting any mention of copyright or trademarks, as well as any restrictive caption.
You undertake to use only content (texts, photos, etc.) for which you have the necessary rights for publication, for which the holder of the rights has given its express consent for publication, or which is free of any rights. You warrant to Food and Good SAS that you have the necessary rights to publish the content and notices published. By rights, we mean in particular, but not exclusively, rights relating to personality, copyright and trademark law.

You acknowledge that Food and Good SAS may verify by any means it deems useful the content and opinions posted online, either directly or by calling on a moderator. Users hereby acknowledge that Food and Good SAS has the right, at its sole discretion, to delete any content or opinion which it considers to be contrary to the laws and regulations in force, and in particular to the prohibitions set out in these conditions of use, or which has been reported to it as such by the judicial authorities.

Failure to comply with these conditions may result in the removal of the offending content, a warning and/or the closure of your Account, notwithstanding any other legal action and/or damages that Food and Good SAS may be entitled to claim from you.

Similarly, Food and Good SAS has the right to exclude, temporarily or permanently, any user who contravenes these conditions of use. However, whatever means of control it may have implemented, it is understood that due to the volume of information published, Food and Good SAS is not subject to a general obligation to monitor the information it stores, nor to a general obligation to search for facts or circumstances revealing illicit activities, nor to an obligation to guarantee the accuracy, probity or honesty of information published by users.

4. Various

Food and Good SAS may modify the terms of these conditions of use at any time. These modifications are binding on the user as soon as they are put online. It is therefore recommended to the user to regularly consult the terms of use in order to take note of these new conditions.

NON-COMPLIANCE BY THE USER, REGARDLESS OF LOCATION, WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE AND MORE GENERALLY ANY DIFFICULTY CONCERNING THEIR EXECUTION, INTERPRETATION OR VALIDITY, IS SUBJECT TO FRENCH LAW AND THE COURTS OF: COLMAR.

Last Update: November 12, 2021.

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