PREAMBLE The KLEAN Application allows Restaurateurs to offer their menu and wine list online as well as any other information about their establishment from their Personal Space. Customers access the Menu directly from their smartphone. In accordance with the regulations in force, it should be remembered that ABUSE OF ALCOHOL IS DANGEROUS FOR YOUR HEALTH, WHICH SHOULD BE CONSUMED IN MODERATION. 1. DEFINITIONS Within the framework of these General Conditions, the words or expressions mentioned below will have the following meaning: "User (s)" Refers to any person (client / restaurateur) using the Application for their personal needs or on behalf of '' a third party, under the terms and conditions provided for in these General Conditions. “Restaurant Owner / User / Client Account”: Means the account created by the Restaurant Owner / Client / User on the Application and accessible by the latter using his personal username and password. "Personal Data": Refers to the personal data allowing direct or indirect identification of Restaurateur and / or User during his visit to the Application and the creation of his Account Consumption of alcoholic beverages during pregnancy, even in low quantity, can have serious consequences on the health of the child. Personal (ex: name, first name, e-mail address, postal address, username, IP address, etc.). “Services”: Refers to all the services offered to Users on the Application. “Application” Means the Platform accessible at the URL address https://klean.mobi “User (s)”: Any person browsing the Application klean.mobi 2. ACCEPTANCE OF THE GENERAL CONDITIONS These General Conditions apply to any User of the Application klean.mobi Access to the Application and its use implies the express and unreserved acceptance of the User, after having read these General Conditions of Use and Privacy Policy. The applicable General Conditions are those in force on the day of the visit to the Application. These General Conditions may be subject to modifications by SAS KLEAN. In this case, SAS KLEAN will inform the Users. Failure to agree with the modified General Conditions of Use, you are advised to refrain from continuing to use the services of the Application. Failing this, the modifications made to the General Conditions will be deemed to have been accepted. 3. ACCESS AND USE OF THE APPLICATION The User must create a personal space on the Application and enter the information requested. As soon as their personal space is created, they will receive a confirmation email from KLEAN. The User guarantees the accuracy, sincerity and reliability of the information provided, particularly of his Personal Data. The User provides in particular a single valid and functional e-mail address, which will be a means of communication between him and KLEAN. It is therefore up to the User to keep his information up to date. KLEAN cannot be held responsible for the lack of diligence of the User when subscribing, modifying and updating their Personal Data. The User has access to his Account thanks to a username and password that he creates himself when registering. The User is solely responsible for the use of these identification elements, he is required to keep them secret. The KLEAN Application cannot be held responsible for the loss or theft of these identification elements. The elements can be modified only on the initiative of the User or of the KLEAN Application in the event of forgetting of the password by the Customer, on written request. The KLEAN Application is not responsible for the disclosure of these elements to third parties, nor for the consequences of the disclosure. 4. SERVICES The KLEAN Application offers its Users to create an Account on the Application in order to benefit from the following Services: - Receive newsletters - Allow Restaurant owners to communicate on their services - Access to the Restaurant Owner's Menu through the clientele 5. PERSONAL DATA The information collected is subject to computer processing intended for the management of Users. For all questions relating to your personal data, please consult our Confidentiality Policy or contact us by email at the following address: contact @ application- klean.com 6. INTELLECTUAL PROPERTY The KLEAN Application is the exclusive property of SAS KLEAN. The entire Application is governed by international legislation on copyright and in general, on intellectual property, with regard to each of the elements of its content (texts, images, data, drawings, graphics, photos and soundtracks ...) than with regard to its form (choice, plan, means of access to data, organization of data ...). These contents, appearing on the pages of the Site, are the exclusive property of SAS KLEAN. The reproduction or representation, in whole or in part, of the pages, data and any other constituent element of the Site, by any process or medium whatsoever, is prohibited and constitutes, without the express and prior authorization of the publisher, an infringement punishable by the Articles L335-2 and following of the Intellectual Property Code. These General Conditions do not involve the transfer of any of these intellectual property rights for the benefit of Customers and / or Visitors. Consequently, the latter formally refrain from reproducing and / or using all or part of the content that appears or is available on the Site and all or part of the Site itself. Customers and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, disseminating, selling, publishing, exploiting or disseminating in any way and in any form or medium whatsoever said elements. Failure to comply with any of the provisions of this article exposes its author to prosecution and engages the criminal and civil liability of its author, in particular on the basis of trademark and copyright infringement. 7. LINKS, THIRD-PARTY WEBSITES AND PARTNERS The KLEAN Application cannot under any circumstances be held responsible for the technical availability of the Internet Sites operated by third parties (including its partners) to which the Visitor / Customer accesses through the intermediary. of the site. The KLEAN Application assumes no responsibility for the content, advertising, products and / or services available on such third party websites or offered by these third parties (including its partners) which are reminded that they are governed by their own terms of use. The KLEAN Application is also not responsible for transactions between restaurateurs / the Customer and any advertiser, professional or merchant (including its partners), to which the User / Customer of the Site would be referred by the intermediary of the Application and can in no case be party to any possible litigation whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations whatsoever to which the latter are bound. In addition, the Site may contain hypertext links as well as advertising, promotional, commercial or sponsorship visuals to the websites of third-party resellers or independent service providers. The KLEAN Application cannot be held responsible for the content of said third-party websites, nor does it guarantee its accuracy, validity, quality or integrity, in particular in the context of transactions carried out directly between the Visitor / the Customer and a third party reseller or independent service provider. 8. RESPONSIBILITY AND FORCE MAJEURE The KLEAN Application cannot be held responsible: - In the event of non-compliance by the Customer with the terms of these General Conditions of Use. - KLEAN cannot be held responsible for any malfunction of any kind relating to the User's computer equipment as well as to his Internet access connection, when accessing the Site. Furthermore, the User is solely responsible for the consequences of any damage suffered as a result of the use by a third party of his username and password to access his Personal Space, his e-mail address or his code (s). (s) confidential (s), and the communication of any information that it has made accessible. KLEAN cannot be held responsible for the non-performance of the contract in the event of an event of force majeure, as defined by article 1240 of the Civil Code. 9. APPLICABLE LAW - SETTLEMENT OF DISPUTES These General Conditions are subject to French law. In the event of a dispute that may arise in connection with these General Conditions, their interpretation and their consequences or with the acts supplementing or modifying them, the parties will always endeavor to find an amicable solution before bringing the matter before the courts. . To do this, the User is informed that SAS KLEAN customer service can be contacted at the following coordinates: SAS KLEAN, 4 Rue de la Perrière - 21220 FIXIN. Tel: 06 08 66 29 87 Mail: contact@klean.mobi In the absence of an amicable resolution, the User may bring his complaint before the competent French courts. It should also be noted that according to articles L 611-1 et seq. Of the Consumer Code, the User has the right to have recourse free of charge (except for possible legal and expert fees) to a consumer mediator with a view to the amicable resolution of a dispute between SAS KLEAN. Since February 15, 2016, the European Commission's amicable dispute resolution online platform has been open to the public. Any consumer who encounters a dispute with a company located in the territory of the Union has the possibility to submit a request for mediation through this European platform: https://ec.europa.eu/consumers/odr/main/ ? event = main.home.selfTest You can also consult the website of the European Commission dedicated to consumer mediation.
