Terms and conditions

Discover our terms and condition of use

Published on 08/31/2021Sébastien Vassaux

1. PURPOSE OF THE T&C

 

1.1.        These general conditions of use and sale (" T&C") govern all the services (" Services ") available on the site https://melba.io (" Site ") and relations with users of the Services. and the Site (" User(s)").

 

1.2.        The T & Cs apply to any User of the Services and of the Site, whether or not they are registered on the Site or whether or not they have subscribed to the Services, including natural persons to whom legal persons or natural persons are being registered on the Site and / or having subscribed to the Services grant authorization to access and use their own user account.

 

2. DESCRIPTION OF THE SITE AND SERVICES

 

2.1.        FoodMeUp publishes and operates the Site and associated Services providing management solutions for catering professionals via an application (“  APP  ”) accessible online (in “ SAAS  ” mode  ), described on the Site and via the Services.

 

2.2.        FoodMeUp uses third-party application solutions (SAAS), which Users expressly acknowledge and accept.

 

3. SUBSCRIBE TO THE SITE AND SUBSCRIBE TO THE SERVICES

 

3.1. Registration on the Site. Any User can register on the Site by creating a user account, by entering their identification information requested on the registration form on the Site (such as last name, first name, company, email address, telephone number, username and user account password) and validating his email address from the hypertext link sent to it.

 

3.2. Subscription to Services. Any User can subscribe to the Services on condition of being registered on the Site, by selecting a subscription among the subscription offers offered on the Site and described at the address https://melba.io/en/pricing.

 

3.3.        Users acknowledge and accept that the Service offers are provided in the form of renewable subscriptions by tacit agreement for the same duration as the initial subscription from the anniversary date of the initial subscription, except in the event of unsubscription before the date. anniversary of the subscription, via the communication tools available on the Site or via the Site contact form. In the absence of unsubscription before the anniversary date of the initial subscription, Users acknowledge and accept that they will be considered as having accepted the tacit renewal of the initial subscription and that they will be committed for the same duration as the initial subscription. .

 

3.4.        The Users recognize and accept that the Site and the Services as well as their characteristics and functionalities are likely to evolve at any time, in particular to reflect technical, economic or legal evolutions.

 

3.5.        For Users who have not yet registered on the Site or who have not yet subscribed to paid Services on the Site, these changes will apply immediately.

 

3.6.        For Users who have subscribed to paid Services on the Site, any addition, improvement or correction will apply immediately, unless otherwise indicated on the Site or via the Services. Any deletion or reduction will be applicable from the date of renewal of the subscription to the paid Services subscribed to, Users having the right to unsubscribe before the date of renewal of the subscription to the Paid Services if they wish.

 

4. PRICE AND PAYMENT FOR SERVICES

 

4.1. Registration on the Site. Registration on the Site is free. It is however likely to evolve and become chargeable, in which case the new prices will be indicated by any useful means on the Site. In this case, these prices will be applicable immediately to any new User not yet registered on the Site. They will be applicable to Users already registered on the Site with one (1) month's notice, these Users having the right to unsubscribe from the Site if they wish within this same period. Failing this, Users acknowledge and accept that they will be considered as having accepted the prices indicated.

 

4.2. Subscription to Services . There is a charge for subscribing to certain Services on the Site. Any subscription to Paid Services is irrevocable and the amounts paid are non-refundable and not subject to compensation. Users are informed and recognize and accept that they do not benefit from a right of withdrawal insofar as they are acting in a professional capacity and within the scope of the professional's main activity.

 

4.3. Price. The applicable prices are indicated on the Site and summarized when confirming the subscription to the Services on the Site.

 

4.4.        The prices are indicated on the Site in Euros excluding taxes.

 

4.5.        The prices indicated on the Site include the cost of the subscription to the paid Services on the Site. They do not include the cost of the environment, equipment and technical and IT resources necessary for access and use of the Site and the Services, including Internet access and connection, including Users acknowledge that they are doing their personal business.

 

4.6.        FoodMeUp reserves the right to modify the prices indicated on the Site, in which case the new prices will be indicated by any useful means on the Site and via the Services. In this case, these prices will be applicable immediately to any new User who has not yet subscribed to the Services on the Site. They will be applicable to Users who have already subscribed to the Services on the Site with a notice of one (1) month from the anniversary date of the subscription corresponding to the paid Services subscribed, these Users having the right to unsubscribe from paid Services subscribed if they wish within this same period. Failing this, Users acknowledge and accept that they will be considered as having accepted the modified prices.

 

4.7.        FoodMeUp also reserves the right to reflect on the prices indicated on the Site, any new legal, regulatory or administrative tax or any increase in the rate of existing taxes, at any time and immediately.

 

4.8.        FoodMeUp also reserves the right to apply personalized prices in relation to the prices indicated on the Site.

 

4.9. Payment. Payment of the price is made by direct debit from the bank card or from the bank account entered when subscribing to the Services on the Site and at each payment due date, unless otherwise indicated on the Site.

 

4.10. Payment information . By communicating their payment information, Users authorize the collection and storage of this payment information and the withdrawal of the price of the subscription to the Services on the Site at the time of subscription and at each payment deadline.

 

4.11.    By providing their payment information, Users guarantee that they have all the authorizations required for the collection, storage and use of these means of payment and the collection of the price of the subscription to the Services on the Site and the related taxes.

 

4.12. Payment incidents . Users acknowledge and accept that FoodMeUp reserves the right to suspend or cancel subscription to the Services and / or access and subsequent use of the Services in the event of default or late payment when subscribing to the Services or on payment dates.

 

4.13.    Users acknowledge and accept that any default or delay in payment on payment dates will automatically result in the application of a lump sum compensation for recovery costs in the amount of forty (40) euros and the application of interest of delay from the day following the settlement date, at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) points, in proportion to the number of days of delay, all without prejudice to the right to suspend until full payment of the price and / or to definitively terminate access and use of the Site Services.

 

4.14.    Users acknowledge and accept that no discount will be granted in the event of early payment.

 

5. CONDITIONS OF ACCESS TO THE SITE AND SERVICES

 

5.1. General informations). Users undertake to provide complete, accurate and up-to-date information for their registration on the Site and their subscription to the Services. They recognize and accept that the communication of incomplete, inaccurate or outdated information is likely to prevent their registration on the Site, subscription to the Services and / or access and subsequent use of the Site and / or the Services.

 

5.2. Contact information (email). Users recognize and accept in particular that their e-mail address will be used for the exchange of information, registration on the Site and subscription to the Services. They undertake to communicate and update their electronic address and to consult their electronic mailbox for this purpose and recognize and accept that failing this, they will be solely responsible for any incident related to their registration on the Site, subscription to the Services and / or access and subsequent use of the Site and / or the Services.

 

5.3. Payment information (card or bank account). Users recognize and accept in particular that their card or bank account will be used to collect the price of the subscription to the Services when subscribing to the Services and at each payment deadline. They undertake to communicate and update their card or bank account and recognize and accept that failing this, they will be solely responsible for any incident related to their subscription to the Services and / or access and subsequent use of the Services.

 

5.4. Usernames and passwords.Users undertake to maintain the confidentiality of their username and password. They undertake in particular to take the necessary protective measures against any risk of loss, theft, disclosure or unauthorized or unlawful use of their username and password. They recognize and accept that they are solely responsible for any loss, theft, disclosure or unauthorized or unlawful use of their username and password as well as the access and use of their user account from them. ci and their possible consequences. They undertake to inform FoodMeUp without delay of any loss, theft,

 

5.5. Environment, equipment and technical and IT resources. Users recognize and accept that they must have the necessary environment, equipment and technical and IT resources, including internet access and connection and IT hardware and software, to enable them to access and use the Site and the Services. They recognize and accept that they must ensure that their environment, equipment and technical and IT resources are compatible and / or configured to be compatible to allow them to access and use the Site and the Services. They recognize and accept that they must ensure that their environment, equipment and technical and IT resources are sufficiently secure for this purpose.

 

6. RULES FOR USE OF THE SITE AND SERVICES

 

6.1. Improper, abusive or illegal use of the Site or the Services. Users undertake to use the Site and the Site Services in compliance with the laws and regulations in force. Users agree not to use the Site and the Site Services in order to:

- all acts or activities contrary to the laws and regulations in force;

- any fraudulent, abusive or improper acts or activities;

- all acts or activities that violate public order or good morals:

- all acts or activities infringing the rights and interests of third parties;

- all acts or activities infringing the intellectual property rights of third parties;

- all acts or activities affecting the personal data of third parties;

- all acts or activities that infringe on the privacy, name, image, reputation or dignity of third parties;

- all acts or activities of identity theft;

- all acts or activities of fraud;

- all acts or activities of spam or sending unsolicited messages;

- all acts or activities of a defamatory, abusive, denigrating, shocking, indecent, obscene, pornographic, violent, hateful, discriminatory, racist, xenophobic and / or revisionist nature;

- any acts or activities affecting the functioning or security of the Site and / or the Services of the Site, in particular but not exclusively, by the use of viruses or malicious software;

- any acts or activities which generally affect the Site and / or the Site Services and / or FoodMeUp.

 

6.2.        Users acknowledge and accept that they are solely responsible for their use of the Site and the Services.

 

6.3.        Users guarantee FoodMeUp against all claims, claims or actions for any reason whatsoever relating to their use of the Site and the Services.

 

6.4. Risk of loss, destruction or alteration of elements, content or data.Users undertake to take the necessary measures to protect and safeguard the elements, content and data posted by them on the Site or via the Services, throughout their use of the Site and the Services. They undertake in particular to take the necessary measures against any risk of loss, destruction or alteration of their elements, content and data. They recognize and accept that FoodMeUp does not provide a storage infrastructure and that it uses third-party application solutions (SAAS) to make its' APP available. They recognize and accept that, however, FoodMeUp saves their elements, contents and data in real time over 7 rolling days and that they will have to do their personal business to safeguard their elements, contents and data beyond this period.

 

6.5.        Users acknowledge and accept that they are solely responsible for any loss, destruction or alteration of their elements, content and data as well as their possible consequences.

 

7. INTELLECTUAL PROPERTY

 

7.1. Intellectual property of FoodMeUp. FoodMeUp is the owner of the intellectual property rights on its Site and its Services, including on its APP and on all elements, content or data, including brands, names, logos, texts, visuals, images, photographs, music, videos, designs, models, software, databases, data, etc. present, published or put online by FoodMeUp on the Site or via the Services.

 

7.2.        FoodMeUp does not grant Users any assignment or license on its Site and its Services, including its APP, or on these elements.

 

7.3.        FoodMeUp grants Users a single right to use its Site and its Services, including its APP, under the conditions provided for in the T & Cs and by the offers subscribed by the Users. This right of use is granted for the duration of use of the Site and the Services on a non-exclusive, non-transferable and non-transferable basis, except for the needs of Users to whom they grant authorization to access and use their user account. on the site. This right of use includes the right to access and use the Site and the Services, including its APP, under the conditions provided for in the terms of the T & Cs and by the offers subscribed by the Users, and the right to do so. connect or associate their environment or IT equipment.

 

7.4.        FoodMeUp prohibits Users from any other use of its Site and Services, including its APP.

 

7.5.        Users are prohibited from:

- to use the Site and the Services, including the APP, in any other way or for any other purpose than those expressly authorized under the terms of the T & Cs and by the subscribed offers;

- to use, reproduce, represent or adapt all or part of the Site and the Services, including the APP and elements, content or data, including brands, names, logos, texts, visuals, images , photographs, music, videos, drawings, models, software, databases, data, etc. present, published or put online by FoodMeUp on the Site or via the Services;

- extract all or part of the Site and the Services, including the APP and elements, content or data, including brands, names, logos, texts, visuals, images, photographs, music, videos , designs, models, software, databases, data, etc. present, published or put online by FoodMeUp on the Site or via the Services;

- adapt or create products, services or works derived from all or part of the Site or the Services, including the APP and elements, content or data, including brands, names, logos, texts , visuals, images, photographs, music, videos, drawings, models, software, databases, data, etc. present, published or put online by FoodMeUp on the Site or via the Services;

- to market, sell, rent, lend or exchange all or part of the Site or the Services or products, services or works derived from all or part of the Site or the Services, including the APP;

- to disassemble, decompile, reverse engineer or discover the software source code of all or part of the Site or the Services, including the APP;

- remove the mentions relating to intellectual property rights on the Site or the Services;

- infringe in any way whatsoever the intellectual property rights of FoodMeUp.

 

7.6. Intellectual property of Users. Users hold the intellectual property rights on the elements, content or data uploaded by them on the Site or via the Services.

 

7.7.        Users agree to FoodMeUp the right to use the elements, content or data put online by them on the Site or via the Services, to provide them with the Site Services, under the conditions provided for in the terms of the T & Cs and by the offers subscribed to. by Users. This right of use is granted for the duration of use of the Site and the Services and for the entire world, in a non-exclusive, non-transferable and non-transferable manner, except for the needs of the subcontractors to which FoodMeUp uses. This right of use includes:

- the right to reproduce, copy, store, archive and host or have hosted via the Site and the Services;

- the right to represent, communicate, present, publish and put online and make them available via the Users' user account on the Site and the Services;

- the right to adapt them for the aforementioned needs;

- the right to use them for internal statistical purposes to the exclusion of any commercial use.

 

7.8.        Users guarantee FoodMeUp full, peaceful and free enjoyment of intellectual property rights. They guarantee FoodMeUp in particular against all claims, claims, oppositions or actions for any reason whatsoever in the event of infringement or infringement of the rights of third parties on their part. They undertake to indemnify FoodMeUp in the event of claims, claims, oppositions or actions and, in any event, in the event of a court decision finding an infringement or infringement of the rights of third parties, including all damages. pronounced and all costs incurred, without prejudice to FoodMeUp's right to request compensation for the damage suffered.

 

8. PERSONAL DATA

 

8.1. Responsible for data processing. Users acknowledge and accept that FoodMeUp collects and processes their personal data as the person responsible for processing personal data, when they access and use the Site and the Services.

 

8.2. Data processor. Users acknowledge and accept that FoodMeUp collects and processes personal data as a subcontractor of Users, in particular when they upload personal data of third parties on the Site and via the Services.

 

8.3. Data protection policy. Users acknowledge having read and accepted FoodMeUp's Data Protection Policy accessible on the Site at the address https://melba.io/en/company/personal-data-protection-policy.

 

9. OBLIGATIONS, GUARANTEES AND RESPONSIBILITIES

 

9.1. Obligations. FoodMeUp undertakes to implement the means at its disposal to make the Site and the Services available to Users, subject to updating, maintenance, breakdowns, bugs, errors or cases. force majeure, without prejudice to the following exclusions and limitations.

 

9.2. Exclusion of guarantees . Users expressly acknowledge and accept that FoodMeUp provides the Site and Services "as is" and does not guarantee, subject to the applicable mandatory legal provisions, that:

- the Site and the Services will be suitable for the particular use or objectives of the Users;

- the Site and the Services will operate without interruptions, failures, bugs or errors and / or that FoodMeUp will intervene or correct any interruptions, failures, bugs or errors;

- the Site and the Services will be free of all viruses and / or that FoodMeUp will intervene or remedy any viruses;

- the environment, the equipment or the technical and IT resources of the Users will be compatible or compliant to allow them access and use of the Site and the Services.

 

9.3. Exclusion of liability. Users expressly acknowledge and accept that FoodMeUp will not be liable, subject to the mandatory legal provisions applicable:

- in the event of failure of the Internet or the environment, equipment or technical or IT resources of the Users;

- in the event of unauthorized intervention by Users on the operation or availability of the Site and the Services;

- in the event of unauthorized intervention by third parties on the operation or availability of the Site and the Services;

- in the event of loss, destruction or alteration of the elements, contents or data of the Users occurring during or following access or use of the Site and the Services;

- in the event of loss, theft, disclosure or unauthorized or unlawful use of the User ID and password;

- in the event of improper, abusive, fraudulent or illegal use of user accounts on the Site and the Services;

- in the event of improper, abusive, fraudulent or illegal use of the Site and the Services;

- in the event of misuse by the Users of the Site and the Services, for which the Users will be solely responsible;

- in the event of non-compliance by Users with information, recommendations or recommendations for access and use of the Site and the Services, for which the Users will be solely responsible;

- in the event of fault, negligence or failure of the Users in accessing and using the Site and the Services, for which the Users will be solely responsible;

- in the event of violation by the Users of any of their obligations under the T&C, for which the Users will be solely responsible;

- in the event of failure by FoodMeUp to fulfill its obligations under the T&C by Users, for which Users will be responsible;

- in the event of failure by FoodMeUp to fulfill its obligations under the T&C due to a third party;

- in the event that FoodMeUp fails to comply with its obligations under the T&C due to a case of force majeure as recognized by law and French case law;

- in the event of indirect damage, including commercial damage, commercial losses, operating loss, loss of income, loss of profits, loss of products, loss of profits, loss of turnover, loss of contracts, loss of customers, loss of opportunity, loss of anticipated savings, loss of earnings, damage to the image or reputation or moral damage suffered by the Operation.

 

9.4. Limitation of Liability. Users expressly acknowledge and accept that, in the event that FoodMeUp was found liable for direct, certain and foreseeable damage suffered by Users, by a court decision that has become final or enforceable, its liability may not exceed the amount subscription to paid Services subscribed by Users and paid to FoodMeUp.

 

9.5.        Users expressly acknowledge and accept that the exclusions and limitations of guarantees and responsibilities in this article do not contradict the scope of FoodMeUp's essential obligation.

 

10. DURATION OF THE T&C

 

10.1.         The T&C will take effect from their acceptance by the Users.

 

10.2.         The T & Cs will have effect for the duration of access and use of the Site and / or the Services by the Users, except in the event of early termination.

 

11. ACCEPTANCE OF THE T&C

 

11.1.         The T & Cs must be accepted before any access and use of the Site and the Services and any subscription to the Services on the Site.

 

11.2.         Users wishing to register on the Site and / or subscribe to the Services in the name and on behalf of a legal person undertake to have the capacity and the power to contract with FoodMeUp and to accept the T & Cs in the name and for the account of this legal person and to commit it under the T&C. Users wishing to register on the Site and / or subscribe to the Services and grant authorization to access and use a user account to natural persons guarantee FoodMeUp of their commitment under the T & Cs.

 

11.3.         By accessing and using the Site and the Services, Users acknowledge that they have read and accepted the T & Cs without reservation. By subscribing to the Services on the Site, Users acknowledge having read and unreservedly accepted the GTCUS and undertake to ensure that any User to whom they grant authorization to access and use their user account have read and understood and unreservedly accepted the T&C.

 

12. MODIFICATION OF THE T&C

 

12.1.         The T&C can be modified at any time, in particular to reflect changes to the Site, the Services or legislative and regulatory provisions.

 

12.2.         These changes will be reported by any useful means on the Site and via the Services.

 

12.3.         These modifications will apply from their date of update, unless otherwise indicated on the Site or via the Services.

 

12.4.         By continuing to access and use the Site and the Services, Users acknowledge having read and accepted these modifications without reservation.

 

12.5.         If Users do not accept these changes, they will not be able to continue using and will have to stop using the Site and the Services.

 

13. TERMINATION OF THE GTCS

 

13.1. Termination for convenience. Users may terminate the T & Cs and the Subscribed Services, as of right and without recourse to the courts, by sending a notification via the communication tools available on the Site or via the Site contact form before the anniversary date of the corresponding subscription. to the offer of Services subscribed to. In this case, the termination will take effect from the anniversary date of the subscription corresponding to the offer of Services subscribed to.

 

13.2. Termination for force majeure. Users and FoodMeUp may terminate the T & Cs and the Subscribed Services, as of right and without recourse to the courts, by sending a notification via the communication tools available on the Site or via the Site contact form, in the event of force majeure and after having sent a first notification to attempt to remedy this unsuccessful case of force majeure, via the communication tools available on the Site or via the Site contact form. In this case, the termination will take effect from the day after the date of the second notification.

 

13.3. Termination for default.Users and FoodMeUp may terminate the T & Cs and the Subscribed Services, as of right and without recourse to the courts, by sending a notification via the communication tools available on the Site or via the Site contact form, in the event of a breach of the other party to one of their obligations under the T&C and after having sent a first notification of having to resolve this failure within one (1) month that has remained unsuccessful, via the communication tools available on the Site or via the Site contact form. In this case, the termination will take effect from the day after the date of the second notification. The termination will be effective without prejudice to the right to request the cessation of the breach and compensation for the damage suffered.

 

13.4. Termination for serious breach. FoodMeUp may terminate the T & Cs and the Services subscribed and / or exclude or suspend a User from access to its Site or its Services and / or delete and / or suspend elements, content or data of a User on its Site or its Services, as of right and without recourse to the courts, without notice and with immediate effect, and without prejudice to the right to request the cessation of the breach and compensation for the damage suffered, by sending a notification via the communication tools available on the Site or via the Site contact form, in the following cases:

- in the event of communication by Users of fraudulent or illegal information via the Site or the Services;

- in the event of use by Users of infringing material, content or data or infringing the rights of third parties via the Site or the Services;

- in the event of operations by Users resulting in intrusion, interruption or suspension of the Site or the Services;

- in the event of operations by Users resulting in misappropriation of the Site or the Services;

- in the event of improper, abusive or illegal activities by Users via the Site or the Services;

- in the event of a serious violation by Users of the T&C or their obligations under the T&C;

- in the event of violation by Users of applicable laws and regulations.

 

13.5. Consequences of termination. In the event of termination for any reason whatsoever:

- Users must stop using the Site and the Services immediately on the effective date of the termination;

- Users must pay all sums due or remaining due relating to the Services subscribed to immediately on the effective date of the termination.

 

14. MISCELLANEOUS PROVISIONS

 

14.1 Contractual documents. The relationship between FoodMeUp and the Users is governed by the following contractual documents, listed and classified in hierarchical order of increasing legal value as follows, to the exclusion of all other existing agreements or documents, written or verbal, prior or concomitant:

- these T & Cs and all documents on the pages of the Site which supplement them (offers, prices, conditions, etc.);

- if applicable, the special conditions negotiated between FoodMeUp and the Users;

- if applicable, the separate conditions of providers or suppliers of third-party application solutions to which FoodMeUp uses which Users recognize and accept and which they undertake to read on the websites, with said service providers or suppliers or with FoodMeUp.

 

14.2 Nullity or partial unenforceability. The fact that any one of the stipulations of the T & Cs is considered null or unenforceable will not invalidate the other stipulations of the T & Cs which will retain their full enforceable force.

 

14.3 Non-waiver. The fact that FoodMeUp or the Users do not claim the application of any of the stipulations of the T&C cannot be considered as a waiver by them of the rights which result for them from the said stipulation of the T&C.

 

14.4 Assignment and subcontracting. FoodMeUp reserves the right to transfer, assign or subcontract, in any capacity whatsoever, free of charge or against payment, all or part of its rights or obligations under the T&C and other contractual documents applicable to any third party of its choice. Users recognize and accept in particular that FoodMeUp uses third-party application solutions (SAAS). For their part, Users are not authorized to assign or transfer, for any reason whatsoever, all or part of their rights or obligations under the T&C and other applicable contractual documents, except with the prior written consent of FoodMeUp.

 

14.5 Applicable law. The T&C and all disputes relating to their validity, interpretation, execution or termination are governed by French law.

 

14.6 COMPETENT JURISDICTION - ATTRIBUTION OF JURISDICTION. All disputes relating to the T&C and their validity, interpretation, execution or termination, will be subject to the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or warranty claims, including for emergency or conservatory proceedings, in summary or on request, except in the case of exclusive jurisdiction attributed to the Judicial Tribunal in application of the mandatory provisions of the Intellectual Property Code, in which case the dispute will be submitted to the exclusive jurisdiction of the Judicial Tribunal of Paris.