LEGAL MENTIONS AND TERMS OF USE OF THE SERVICES PROPOSED BY UTRENDZ

The “https://www.foodz.fr” site and Foodz and Foodz MANAGER applications are published by:

UTRENDZ

SAS with a capital of 2.611,70 euros

Headquarters: 4T Chemin Des Postes, 95400 Villiers Le Bel

RCS Pontoise: 822 044 178

VAT intracom: FR 84822044178

Publication Director: Mr. Martin GERVAIS.
Email: contact@foodz.fr

The site http://www.foodz.fr is hosted by:

OVH
2 Street Kellermann – 59100 Roubaix – France.

http://www.ovh.com/

Attention: If you do not agree with any part of the terms of use below, it is strongly recommended not to use the site  www.foodz.fr or UTRENDZ applications.

Legal notice and terms and conditions are intended to define the terms and conditions of the provision of a free service of research and sponsorship of restaurant. These terms are completed or modified, as appropriate, by conditions and terms of use specific to certain features.

The service is reserved to individuals able to sign contracts in french law. Is considered as a user of the site at the address  http://www.foodz.fr or application UTRENDZ, any person who visits the site or its applications and/or use the site or its applications and associated services.

ACCEPTANCE OF THE GENERAL CONDITIONS

A free research and sponsorship of restaurant service by the company UTRENDZ to the user, subject to its unconditional acceptance of the present general conditions.

The user declares and acknowledges to have read all of the terms of these terms. In addition, the connection to one any services offered on the site at the address: “http://www.foodz.fr” or on the applications UTRENDZ (hereinafter the “site UTRENDZ”) carries an unqualified acceptance by the user of these general conditions.

The UTRENDZ company reserves the right to change at any time, in whole or in part, the present general conditions. It is accordingly for the user to check the latest version of the general terms available at http://www.foodz.fr/cgu and UTRENDZ applications. The user shall accept this latest version to each new connection on the site UTRENDZ.

Failure by the user of these general conditions, the UTRENDZ company reserves the right to suspend services without notice and/or to deny access to the service.

DESCRIPTION OF THE SERVICE

Search restaurants’ trends in real-time based on the sponsorship friends

The application want to find restaurants based on your geolocation, the tendency of the recommendations of the community of preferences that you have mentioned in your profile and restaurants that your friends have recommended. Foodz to access all types of content referenced by restaurateurs and interact with people in your network of friends via social networks to get immediate reductions.

Take advantage of promotions and special offers from restaurants listed on Foodz

Foodz application helps the user if and only if it has a valid gift or discount ticket to the Restorer, promotions or special offers from restaurants listed on applications. Restaurants do not offer promotion or special offer, but can offer a gift in-kind such as coffee or a free drink. The conditions of validity of these promotions are explained on the application Foodz. For clarity, this means that if the user does not forward adding editing a ticket valid and not expired, both the user and the Group of guests will lose the benefit of the promotion or special offer no possible recourse against the restaurant or UTRENDZ.

Custom services

Creating an account on the application Foodz allows the user to have a personalized experience, without having to re-enter contact information, and trade agreements of the company UTRENDZ, to benefit from exclusive offers in restaurants in his area.

Warning

It is up to the user to make all checks that appear to be necessary or expedient before any reservation in one of the restaurants on the site UTRENDZ.

The company UTRENDZ is no guarantee and in any way whatsoever the products, services or business practices of those third-party present on its site. In this sense, society UTRENDZ does not guarantee to the user that he is satisfied with the products, services and/or business practices he obtained as a result of a booking through the site UTRENDZ.

FREE SERVICE

Services offered and described in these general conditions, are free.

Rates may be applicable, depending on the evolution of services, the evolution of the network, technology and legal constraints. The user will then duly informed by the change of the present general conditions or by inserting in the site specific conditions relating to Foodz’s paid services.

Warning

The use of enforcement Foodz in accordance with these terms and conditions is free for the user.

However, the user acknowledges that Foodz application refers to paid services. Such as and for example, following a booking made through the application want, the user acknowledges and accepts the delivery of restoration carried out by the third present Restorer on the application want to be paid.

When the UTRENDZ company provides enforcement Foodz details about prices or a price range about a third-party provider present on its site, these information is provided only as a guide and for the sake of convenience. In any case the company UTRENDZ guarantees the accuracy of such information.

On the other hand, Foodz application may contain links to internet sites of third parties, which are owned and operated by resellers or service providers independent and foreign society UTRENDZ. It may be that these third parties require the user the payment of a fee for the use of certain content or services provided on third-party Web site. It is up to the user to do, before you proceed with a transaction with a third party, any checks necessary and timely to check if a compensation will be payable and the terms of this compensation. In any case, society UTRENDZ cannot be associated with the services provided by third parties and/or the third party websites.

OPEN AN ACCOUNT – IDENTIFICATION – PROOF
EXCHANGING INFORMATION

Since the creation of the account, the user is assigned an identifier and a password (hereinafter “identifiers”) allowing him to access his account private or uses her Facebook account.

Confidentiality of the identifiers

The identifiers are personal and confidential. They cannot be changed on request of the user or at the initiative of the company UTRENDZ.

The user is only and solely responsible for the use of identifiers about it and undertakes to make every effort to keep their credentials secret and not to disclose, to anyone, in any form whatsoever.

In case of loss or theft one of the identifiers concerning him, the user is responsible for any harmful consequences of this loss or flight, and must write as soon as possible at contact@utrendz.fr or contact Facebook.

Convention on the evidence

The parties expressly agree that:

  • the presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message.
  • an electronic document containing an identification code is equivalent to a writing signed by the person issuing;
  • the parties may take advantage of printing on paper of an e-mail message from e-mail software to prove the content of the exchanges they have about the execution of these general conditions.

 

Exchange of information

The user accepts the use of e-mail for the transmission of the information requested concerning the conclusion or execution of the contract.

DATA PROTECTION HAS PERSONAL

The UTRENDZ company, in the strict respect of the law and the regulations in force, wishes to collect certain information. This information is collected in accordance with the provisions on the protection of personal data and are intended to offer the user a personalized and optimal enforcement Foodz use.

Statement of treatment automated of personal information with the CNIL

The company UTRENDZ, brought to process personal data, stated files customers-prospects (type NS-48) with the CNIL. Clients-prospects (type NS-48) files are saved under the n ° 2032135.

Privacy Charter

The collection of personal data does not reveal, directly or indirectly, ethnic origins, political, philosophical or religious opinions or trade union membership of people, or data to the health or sex life of these.

The user data is collected and treated in fair and lawful for determined, explicit and legitimate purposes without be treated inconsistently with these purposes at a later date, in a form allowing the identification of the persons concerned for a period which does not exceed the time necessary for the purpose for which they are collected and processed.

There are processing operations by a subcontractor or a person acting under the authority of the responsible of the treatment or that of the subcontractor only on instruction from the controller within the UTRENDZ company on the personal data.

 

Cookies

The site and the application Foodz and/or its partners may store information about the computer or device of the user. This information will take the form of “Cooky” or similar file. “Cookies” are data that contain no personal information and which are sent via the server on the computer’s hard disk or on the user’s device. The role of cookies is to more quickly identify the user during his connection and to facilitate its participation in some events, promotions, activities… on the site and the application want.

The UTRENDZ company cannot guarantee the functioning of the site and the application Foodz if the user declines the receipt of cookies.

The user acknowledges and agrees that the UTRENDZ company reserves the possibility of implementing a “Cooky” in his computer or his unit in order to record information on the navigation on the site and Foodz application

To learn more about the cookies used by the company UTRENDZ and change settings related to its cookies, the user is invited to consult the UTRENDZ cookies policy.

Use of data

The user is informed by the present conditions General of what personal data reported as being required on forms and collected as part of the service described in the present general conditions are necessary for the use of this service, are used only in the context of this service and are intended exclusively for UTRENDZ society and its partners customers restaurateurs who take useful precautions to preserve, to the extent possible, data security.

The user authorizes the UTRENDZ company to provide certain information to its technical service providers in order to provide the user of certain functions of the site and the application Foodz (blog, reviews, comments,…).

The user authorizes the company UTRENDZ to provide all the information about the customer partner restaurateur of the UTRENDZ company, under the provision of the services offered by UTRENDZ.

In addition, the user authorizes society UTRENDZ to use and/or transfer information partnerships and, in accordance with the law, in order to make the user information and personalized services (“Loyalty Points”, “Good plans”, “Free Invitation”,…).

The user, as part of the feature “refer a friend”, is likely to communicate UTRENDZ the third or IDs Facebook email addresses.

The user undertakes in communicating these addresses or explicit identifiers Facebook to be informed and obtained the consent of their owners. As a result the user get out UTRENDZ of any responsibility for the use of these emails or Facebook IDs as part of the actions listed below:

  • Sending an invitation on behalf of the user UTRENDZ (e-mail, login Facebook)
  • Send a sponsorship on behalf of the user UTRENDZ (e-mail, login Facebook)

UTRENDZ is committed to not using email addresses to third parties for other uses.

Any e-mail sent by UTRENDZ to the address obtained from the first booking of the user will be in relation to the service described in these terms.

All emails sent by UTRENDZ contain a link to unsubscribe at the bottom of the email with which the user can unsubscribe. The user can also manage its subscriptions via his account, “my subscriptions” section or send a message by specifying its opt-out request to the following e-mail address: “contact@foodz.fr”.

Right of access, rectification and opposition

The user benefits from a right of access and rectification of the data which it may exercise by unchecking a box to that effect on the ‘My account’ page of the user or by a message to the following e-mail address: “contact@foodz.fr”.

Moreover, the user can exercise his right of opposition to the use of such data for legitimate reasons by addressing a message to this end to the following e-mail address: “contact@foodz.fr”.

Warning

The user acknowledges that, in General and in the State of current technology, whenever it publishes information online, this information can be collected and used by others. Therefore, the user discharges society UTRENDZ of any responsibility or damaging consequence of the use by third parties of information exchanged through the tools of communication (including chat, blog, opinion) offered by the site and the application Foodz .

USER REVIEWS

The user must follow the following rules for review via the application Foodz.

Conditions of publication of the notice

  • To review, the user must be of age, and have an account on the Foodz application that identifies it.
  • In order to avoid any conflict of interest and for obvious reasons of objectivity, if the user is working in the field of restoration, this one is not allowed to publish reviews on the UTRENDZ site.

Reasons for rejection of the opinion

The user is informed that his opinion may be rejected for the following reasons:

  • If the “Conditions of publication of the notice” set forth above are not met by the user;
  • If UTRENDZ feels that his civil or criminal liability may be engaged;
  • If the text content contains insults or profanity;
  • If the elements relating to the identity of the author include insults or profanity;
  • If the text content contains random characters or as a result of words without any meaning;
  • If the content (text, document, image,…) is not related to the noted topic;
  • If the attributes of the opinion with evidence of conflicts of interest;
  • If the text content is poorly written to the point of being unintelligible;
  • If a user makes a comment inappropriate on other content or its author;
  • If the textual content for publication contains personal information, such as the first or last name of individuals who are not public figures, a phone number, a specific physical address or an address email.
  • If the text includes a credit card number, social security, bank account or any other information that could lead to identity theft;
  • If the textual content has a call for legal action;
  • If the content includes websites, hyperlinks, URLs, addresses email or phone numbers;
  • If the text content is clearly spam.

In the case of identification of a user who filed the obviously fake reviews, and after having applied the procedures related to the rejection or removal of opinion, society UTRENDZ will put an end to registration of the user concerned, and will remove all the reviews related to this user.

Moderation of reviews

Moderation of reviews is designed to ensure compliance in the opinion to the CGU to publish, reject, or remove this notice. Each notice is subject to a human moderation priori. The moderation takes up to 2 weeks. The user can ask moderation of a notice already published at the following address contact@foodz.fr specifying the reasons for its request for moderation.

The user who published a notice may request a posteriori the removal of this notice to the following address: contact@foodz.fr. Notices are published during a limited period of 3 years from their publication. Restaurants closed or having changed ownership notices are removed. The user is informed that he can be contacted by UTRENDZ for the purpose of verification of the authenticity of his opinion, by email and/or telephone. The user is informed that his opinion may be sent to UTRENDZ partner sites and be published on these partner sites. In order to facilitate the reading of the reviews by users of the UTRENDZ site, the user allows UTRENDZ to be published next to the notice filed the following: date of registration on the site, number of reviews and 1st letter of the name, status, date of the drinking experience. According to the amended Act of 6 January 1978, the user has a right of access, modification, rectification and deletion of the personal data, as well as the right to oppose for legitimate reasons. The user can exercise these rights at the following address contact@foodz.fr .

Right of reply

Each Restaurateur has a right of response so notably of:

  • Give his version of the facts;
  • Thank the consumer for its contribution;
  • Indicate any changes in the restaurant since the drafting of the opinion.

Any request for reply should be sent within 3 months of the dissemination of the disputed message, to the following address contact@foodz.fr  .

The application must include the following:

  • details of the notice;
  • identification of its author;
  • reference to the passages in dispute;
  • content of the requested answer (the answer cannot be longer than the opinion of the user to which it replies).

Once this procedure has been followed, if the request response is consistent with these terms, the answer will be moderate in the same conditions as the user reviews and published as appropriate as a result of the message to which it responds, within a maximum period of 7 days from the request response.

Use of user content

May we use user content and including reviews of users in various ways, including to publish it on the site Foodz , change the format, incorporate it in commercials or other documents, create works derived from it, develop it, distribute it, and allow others to do the same on their websites and media platforms. Accordingly, the user gives hereby UTRENDZ irrevocable consent to use this material for any use, and irrevocably renounce claim and claim moral or economic rights with respect to such content.

LIMITATIONS OF LIABILITY

Operation of the network

Given the specificities of the Internet, the company UTRENDZ offers no guarantee of continuity of service, not being held in this regard to an obligation of means.

The liability of the company UTRENDZ cannot be engaged in case of damage related to the impossibility of temporary access to one of the services offered by the site UTRENDZ.

Change the site and the application

All information contained on the site and Foodz application are subject to change at any time due to the interactivity of the site, although it cannot engage the responsibility of the company UTRENDZ.

Use of the site

UTRENDZ declines all responsibility for any damage or loss related to the use or inability to use the site or Foodz application or its content, except as provided by law.

The company UTRENDZ does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive, and, in general, any content present on the site and the application Foodz are provided in ‘State’, without any warranty express or implied of any kind whatsoever.

The user acknowledges that the photos on the site and Foodz application are not contractual.

The user acknowledges and agrees that the liability of the company UTRENDZ is in no way sought in case of cancellation of reservation, in case of closed, and this for any reason whatsoever, or even refusal of delivery, and this for some cause whatsoever.

Similarly, and for the same reasons, the user agrees that the liability of the company UTRENDZ could be launched if the user fails to benefit from promotions or special deals offered by the restaurant. The user acknowledges and agrees that the liability of the company UTRENDZ is in no case sought in case the restaurant would never honor a promotion or special offer, and this for some cause whatsoever.

The user guarantees

The user declares that he knows perfectly the characteristics and constraints of the Internet. Notably, he acknowledges that it is impossible to guarantee that the data that the user will be transmitted via the Internet will be completely secure. The company UTRENDZ cannot be held responsible for the incidents that might arise from this transmission.

The user transmits them so at its peril. Society UTRENDZ can only provide assurance that she is using all means at its disposal to ensure maximum security.

User agrees to indemnify UTRENDZ society at the level of the costs that society UTRENDZ should bear as a result of any claim or contestation, judicial or extra-judicial, related to the use of the services defined herein by the user and ensures the company UTRENDZ of any conviction if legal proceedings as such.

In any case, the user expressly acknowledges and agrees to use the website and Foodz application at his own risk and under his sole responsibility.

Hypertext links

The site and Foodz application contain links to internet sites of third parties. Linked sites are not under the control of the company UTRENDZ, and the UTRENDZ company is not responsible for the content of these linked sites. The company UTRENDZ provides these links for convenience and a link does not imply that the UTRENDZ company sponsors or recommends the site linked in question nor the UTRENDZ company is affiliated to it. Linked sites are owned and operated by dealers or independent service providers and thereby society UTRENDZ cannot guarantee that you will be satisfied with their products, services or business practices. It is your responsibility to all checks that feel you necessary or appropriate before any transaction with any of these third parties.

 

 

 

OBLIGATIONS OF THE USER

Accept these terms without limitation

By opening an account, the user accepts, explicitly and without reservation, the terms of these general conditions and any special conditions present on the site and the application Foodz.

Communicate accurate, sincere and true information

The user undertakes to provide true and accurate information regarding his civility, his name, his or her full name, his e-mail address, his phone, necessary for its good identification, with a view to opening an account.

Check the conditions of validity of the promotions and special offers

The user is obliged to check the conditions of validity of a promotion and can in no way claim to the restaurant Foodz promotion outside of the terms of such validity only explained about the site or want application.

Respect national and international intellectual property law

The user agrees to not submit, copy, resell, republish, or, in general, to make available in any form whatsoever any information or item, received from the company UTRENDZ, or available on the site or the application Foodz to another person or legal entity, to all countries. In general, the user undertakes to respect the following provisions on intellectual property.

INTELLECTUAL PROPERTY

Ownership of rights

The economic and moral, intellectual property rights related to the contents and the information of the site and the application Foodz is owned by own society UTRENDZ subject to any property right that may belong to a third party and for which the company UTRENDZ has obtained the assignment of rights or permissions.

The rights granted to the user for the use of the site and Foodz enforcement and services provided by the company UTRENDZ take no assignment or authorization to exploit or use one any of the elements of the site and the application want.

Protection of all items: trademarks, designs, logos, hyperlinks, information, etc.

All items (brands, designs, texts, hyperlinks, logos, images, video, sound, software, components layout, databases, codes…) on the site and Foodz enforcement and related sites are protected by national and international intellectual property law. These items remain the exclusive property of the UTRENDZ company and/or its partners.

 

No use without permission

Therefore, unless prior written approval of the company UTRENDZ and/or its partners, the user can make a any reproduction, representation, reprint, redistribution, adaptation, translation and/or transformation, partial or full, or a transfer to another medium of any component and present on the site and the application Foodz.

Sanctions

The user recognizes and acknowledges that the breach of this prohibition is constitute an act of infringement punishable as civilly as criminally.

ENFORCEMENT OF CONTRACT BREACHES

Suspension or permanent cessation of services

Breach or failure by the user to one of the stipulations laid down by the present general conditions and obligations, the UTRENDZ company may modify, suspend, limit or remove access to the service, without that it cannot claim any compensation any.

Damages

Society UTRENDZ will also be entitled to sue for damages intended to compensate for the damage suffered.

MISCELLANEOUS PROVISIONS

Applicable law

The relationships that are formed between the company UTRENDZ and the user, governed by these general terms, are subject to french law, excluding any other State law. When writing these terms in several languages or translation, only the French version will prevail.

Jurisdiction

Any dispute or difficulty of interpretation or performance of these general terms will report to the competent courts of the city of Pontoise.

Partial nullity – Dissociation – titles

In the case where a provision of these terms is void, illegal, unenforceable or inapplicable in a way, the validity, legality, or the application of the other provisions of these general conditions wouldn’t be in any way affected or impaired, the other provisions of the terms remain in force and maintaining full and adequate effect.

UTRENDZ society can, if necessary, proceed with the drafting of a new clause that would restore the common will of the Parties such as expressed in the initial clause, and, in accordance with the law applicable to these terms.

The titles of the articles of the present are only a guide and should not be considered as part of the General conditions.

No waiver

Eventually unless otherwise provided in these terms, no tolerance, inaction, abstention or omission, any delay of the UTRENDZ to take advantage of one company any of his rights in accordance with the terms hereof, will undermine right audit, nor does not mean a waiver for the future to take advantage of such a right. On the contrary, such right will fully remain in force.

Notice and takedown of infringing content

The UTRENDZ company informs any user of the site and application Foodz he can notify a claim or an objection to elements or illicit content placed on the site or application want.

If the user thinks that elements or content placed on the site or application Foodz are illicit or counterfeit copyrighted it holds, the user must immediately send a notification to UTRENDZ society by mail RLAR and containing all the evidence of ownership rights as appropriate. Once this procedure followed and after verification of the accuracy of the notification, the UTRENDZ company will strive, in a reasonable and timely, to remove the infringing content. It is stated that the liability of the company UTRENDZ cannot be responsible for content present on the site or application want and modifiable by third parties (for example, form restaurants, blog, reviews,…).