IT IS IMPORTANT TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM.
1 - Definitions
The terms defined in this Article and used in these terms and conditions have the following meanings:
Platform: refers to the FYRE «ALLEATONE» platform made available to Users by the Company, accessible on computers, smartphones and tablet computers.
Customer: refers to any company that has taken out a subscription with the Company, enabling it to make the Platform available to Users.
Agreement: refers to this agreement concluded between the Company and the User.
Digital Space: refers to the online store made available to the Customer on the Platform and published by the Customer, whereby it supplies information and services linked to its establishment to the User.
Licence: refers to the licence to use the Platform allowing the User to access it and use it for the period for which it is granted.
Party or Parties: refers to the Company and the User, individually or collectively.
Company: refers to the company that developed the Platform: CHD INNOVATION, a limited company incorporated in Luxembourg, with capital of €225,000, registered on the register of companies of Luxembourg under registration number B224597, whose head office is located at 6 Rue du Fort Bourbon L-1249 Luxembourg.
Services: refers to the services provided by the Platform as described herein.
User: refers to any natural person who has access to the Platform under the terms of the TOU as an Administrator User or Staff User.
Administrator User: refers to the User who created the Customer’s Digital Space, who has the most extensive rights for using the Platform in Manager mode.
Staff User: refers to any User who has access to the Platform in Staff mode, in connection with the use of the Platform.
2 - Scope
2.1 These TOU define the terms and conditions whereby the User can access the Services and benefit from them.
2.2 Any use of the Platform by the User implies full and unqualified acceptance of these TOU. The User accepts these terms and conditions, acknowledges that he has full knowledge of them, and consequently undertakes not to invoke any contradictory document.
2.3 The TOU can be modified by the Company at any time. Relations between the Parties will always be governed by the latest terms and conditions in force at the time of use of the Platform by the User. If the TOU are modified, Users will be asked to accept the new terms and conditions, which will apply to them from the date of acceptance.
3 – Description of the Platform
The purpose of the Platform is to offer the Customer and Users, who are professionals in the out-of-home consumption industry, a solution to assist them with the digitalisation of their point of sale.
In particular it enables catering and food shop professionals to put in place and run a Digital Space that makes available a certain amount of information and services to their customers and prospects.
4 - Access to the Platform
4.1 The Platform is accessible online via the website whose address is notified by the Company. Since the Platform cannot be downloaded but is only accessible online, Users must have an internet connection and a browser to access the Platform each time it is used.
4.2 It is compulsory to register on the Platform to access it and create the Digital Space.
To register and create the Digital Space, the Administrator User is asked to fill in a registration form, in which they give the Company information making it possible to identify them and identify their establishment, and in particular the name of the establishment, the sub-domain, and the surname, first name, email address and telephone number of the Administrator User.
The Administrator User is also asked to create a password to access the Digital Space securely.
The registration is valid once these TOU have been expressly accepted and the compulsory registration information has been filled in.
Once the registration form has been filled in and the Company has confirmed the registration, the User will receive a confirmation by email providing a link to their Digital Space, that they can access using their email address and password.
5 - Services provided by the platform
5.1 Once access to the Platform has been confirmed, the User can access the Services.
The Services that the User can access on the Platform vary depending on the access rights of the User on the Platform, which are granted by the Administrator User.
The following Services are accessible by the Administrator User on the Platform, on the date of acceptance of the TOU:
The following Services are accessible by Staff Users on the Platform, on the date of acceptance of the TOU:
5.2 Users are informed that in connection with the online order service available on the Platform, which the Administrator User can activate on the Digital Space, the Company uses an external and secure online payment service provider (hereinafter the “Payment Service Provider”) to manage the payments made by consumers on the Platform.
Users are therefore informed that fees are liable to be charged by the Payment Service Provider when online payments are made by consumers. The aforementioned fees are payable in full by the Customer and are deducted from the sales price of the products received by the Customer from the consumer.
Users are asked to consult the breakdown of the fees charged by the Payment Service Provider available on the Platform.
Users are also informed that for each online payment exceeding five (5) euros made by a consumer with a French bank card, a fee equal to 1.5% is charged by the Company for service charges. This fee is payable in full by the Customer and is deducted from the sales price of the products received by the Customer from the consumer.
5.3 The User acknowledges that the Platform is likely to be upgraded and that therefore the Services may be adapted accordingly.
The User will be notified by email of any withdrawal or any substantial modification of the Services offered by the Platform.
5.4 Use of the Platform may lead to the consumption of part of the data allowance subscribed for by Users with their mobile phone and/or internet operator. Any use of the Platform outside France is liable to result in considerably higher costs than those resulting from use in France. The User is fully responsible for obtaining the corresponding information and paying any costs, in particular the roaming charges, billed by the User’s operator.
6 - Obligations of the User
6.1 Obligations relating to use of the Platform
In connection with use of the Platform, the User undertakes to:
6.2 Obligations relating to the content published by the User on the Platform
The Users alone are responsible for the contract that they publish on the Platform, in particular the content (texts, photos etc.) that they are likely to publish on the Platform in order to provide information and supply services to their customers.
They guarantee that the content respects public order and morality, does not infringe the rights of third parties, in particular regarding intellectual property, breach privacy, or damage the reputation or image of third parties, does not contain any slanderous or discriminatory remarks regarding the Company or a Customer, and complies with the applicable regulations in this regard.
Users must also refrain from publishing content on the Platform for advertising and/or promotional purposes, not related to the purpose of the Platform.
6.3 Any breach by a User of one of the obligations defined in Articles 6.1 and 6.2 may lead to the closure of his/her account by the Company.
If the Company is compelled to close a User’s account due to failure to comply with his/her obligations under the TOU, it will be entitled to cancel the Licence pursuant to Article 13.2, without prejudice to any damages it may be entitled to claim, or any criminal proceedings it may institute if the behaviour concerned is liable to constitute a criminal offence.
7 - Account and security
Users have restricted and secure access to the Digital Space via their user name and password.
Users are responsible for the password they choose when they register, and undertake not to disclose it to anyone.
The Company cannot on any account be held liable for the consequences of fraudulent use of their password by a third party.
8 - Intellectual Property
8.1 Users who publish on the Platform texts or any other elements that are protected by intellectual property rights, guarantee that they are entitled to publish them. The Users therefore guarantee that they have the intellectual property rights required to use the texts, photographs and in general all of the creations that they publish on the Platform. The Users guarantee the Company against any action by any third parties that may be instituted due to the content they have published.
Users must immediately inform the Company by any written means (letter, email etc.) of any claims, complaints, or action, on any grounds whatsoever, concerning their content. If a User does not comply with the guarantees specified above, the Company reserves the right to suspend the User’s access to the Platform and to terminate this Agreement pursuant to Article 13.2, without the User being entitled to claim compensation of any kind whatsoever on this account.
8.2 All of the intellectual property rights relating to the Platform, including all of the elements it comprises (software, copyrights, FYRE «ALLEATONE» brand, logos etc.) are the sole property of the Company, its managers and/or its partners.
The User undertakes not to infringe the aforementioned rights. The User undertakes not to make the documents relating to the Platform available to unauthorised third parties, directly or indirectly, in any form and on any grounds whatsoever.
8.3 Subject to acceptance of the TOU, the Company grants the Users, for their own purposes, a personal, non-transferable and non-exclusive licence to use the Platform throughout the term of the Agreement.
Users are prohibited in particular from:
This Licence does not confer any other rights, and on no account includes the right to perform any acts that are not expressly authorised, in particular the right to translate, adapt, arrange or make any other changes to the Platform and/or its components, including in connection with its contractual purpose.
The Company is authorised to conduct a check, at any time and without notice, of the use of the Platform by the User, to ensure compliance with the Licence granted to the User.
9 – Confidentiality
The Parties undertake to keep confidential the information of all kinds that they receive during use and/or operation of the Platform. The Company undertakes in particular to keep confidential the information collected during use of the Platform by Users and relating to their use.
On termination of the User’s registration for any reason whatsoever, this obligation will remain in force for a period of five (5) years.
This obligation does not apply to information that:
10 – Personal data
When creating the account, and carrying out any updates to the User’s personal data on the Platform, and more generally in the course of the use of the Platform, the Company collects the User’s personal data as defined in the French Data Protection Act of 6 January 1978 as amended by law No. 2018-493 of 20 June 2018 on the protection of personal data resulting from the European General Data Protection Regulation. The Company is therefore liable to collect their surname, first name, telephone number, email address and date of birth in order to identify the User and supply the Services, and compulsory data is indicated as such.
The legal basis for processing these personal data is the performance of the Agreement with the User.
The personal data collected by the Company within this framework are stored for a period of five (5) years from the date that the User last logged in to his/her account.
In accordance with the regulations in force, Users have the following rights with regard to the Company:
To exercise their rights, Users can either send an email to the Company at the following address: email@example.com or send a letter to the following address: 6 Rue du Fort Bourbon L-1249 Luxembourg.
In principle the Company will not use the User’s personal data for any purposes other than to provide the Services. Exceptionally, if the Company wishes to use the User’s personal data for purposes other than to provide the Services, it will request the User’s consent.
The data collected on the Platform are intended for the Company. Consequently, unless it obtains the User’s consent, they will not be transmitted to third parties, except to the Company’s hosting service provider and any of its subcontractors acting in connection with the services relating to the Platform.
11 – Guarantees - Liability
11.1 The Company cannot on any account be held liable for the content published by the User on the Platform, which it merely hosts, and only the Customer and/or User has the capacity of publisher(s) of that content. The Company can hold the User liable for any loss that it may suffer due to his/her content. The User guarantees the Company against all direct and indirect, material and non-material damaging consequences that may result from his/her content.
11.2 The Company ensures the availability and continuity of the Platform, it being understood that it cannot on any account be held liable for any interruption to the Platform due to maintenance, technical problems, internet congestion or the failure of any other remote transmission system that may prevent the Platform from functioning.
11.3 The Company does not guarantee the continuity or quality of the communications links with the User. Consequently, communications with the Company’s employees may be interrupted without notice for a reasonable period, in particular for maintenance or for any other reason other than an error by the Company.
11.4 The Company cannot be held liable in the event of poor performance of the Services due to information incorrectly entered or that has not been updated by the User.
11.5 The Company cannot be held liable for service outages or damage linked to an intrusion, hacking of the system by a third party or illicit data extraction, in spite of implementing security methods in line with current technical knowledge, since the Company merely has an obligation of best efforts regarding known security techniques.
11.6 If the Company is held liable, in particular due to the poor functioning of the Platform, it can prevent any such action, at its discretion alone, by correcting the anomaly or updating the Platform.
11.7 The Company cannot on any account be required to compensate the indirect loss (business loss, data loss, loss of profits, revenues, orders or customers etc.) that the User may suffer.
IN ADDITION, IN ITS RELATIONS WITH THE USER, THE COMPANY’S LIABILITY CANNOT ON ANY ACCOUNT EXCEED THE AMOUNT OF THE SUM RECEIVED FOR USE OF THE PLATFORM BY THE USER FOR THE YEAR DURING WHICH THE ALLEDGED NON-PERFORMANCE OCCURRED, EXCEPT IN CASES OF SERIOUS OR WILFUL MISCONDUCT.
12 - Maintenance
The functioning of the Platform may be suspended in the event of maintenance, subject to providing seventy-two (72) hours’ notice.
Furthermore, any force majeure events, as generally recognised by the courts, may result in the suspension of the Platform for maintenance without notice.
13 - Duration - Termination
13.1 Registration on the Platform is effective from the first time the User logs in to his/her Digital Space. Registration is for an unlimited period.
Each of the Parties can terminate this Agreement at any time by sending an email with acknowledgement of receipt, subject to providing three (3) months’ notice.
13.2 By way of exception to the above, each Party can terminate this Agreement by rights in the event of a breach by the other Party of one of its obligations, 15 days after giving formal notice to comply to no avail, mentioning the injured Party’s intention to invoke this clause. Termination will enter into effect immediately if the breach cannot be rectified. In the event of termination due to the User, the User will be informed of the termination of his/her registration by email.
In particular, the obligations relating to use of the Platform and the content published on it, the obligation to respect intellectual property rights, and the confidentiality obligation will be deemed to be commitments the non-performance of which may result in the termination of the Agreement.
13.3 By way of exception to Article 13.1, in the event of termination of the subscription agreement between the Company and the Customer for any reason whatsoever, the Company can terminate this Agreement by sending an email with acknowledgement of receipt, subject to providing fifteen (15) days’ notice.
13.4 In the event of termination of this Agreement on any grounds whatsoever, the User will no longer be able to access the Platform.
14 - Applicable law and allocation of jurisdiction
14.1 These terms and conditions, and more generally, relations between the Company and the User, are governed by French law.
14.2 Any disputes resulting from the operations specified herein will be subject to the sole jurisdiction of the courts of Paris.
15 - No waiver
Any tolerance shown by one of the Parties towards the other Party cannot be interpreted as a waiver of its right to require performance of all of the rights granted to it by these terms and conditions.
16 - Evidence
In the event of a dispute, the Parties agree to accept emails and exchanges via the Platform as original documents that may be used as evidence, and waive their right to contest this means of proof, unless they dispute their authenticity.