Updates February 14, 2022
Section 1. PREAMBLE
This document (the ” GTC“) constitutes the legally binding contractual conditions governing any subscription to one or more services offered by the company QEAT, a limited liability company with share capital of 500 euros, whose registered office is located at 16 rue du Colisée 75008 PARIS, identified under the number 838 118 594 RCS Paris, represented by its Manager, Mr. Stéphane RISS (hereinafter “QEAT “).
QEAT offers its restaurant customers tools and services to build customer loyalty under the names “QEAT” (for “Qui Est À Table”) and “QEAL” (for “Qui Est À Deliverer”) (hereinafter collectively the ” Services “).
The Services and their various components are explained within these T&Cs as well as on the website www.qeat.fr (the ” Website “).
Section 2. ACCEPTANCE OF THE T&Cs
Any subscription to a Service implies full and complete acceptance of these T&Cs. This acceptance is expressed by means of a checkbox when placing the order.
These GCS are the only contractual document applicable to the Services, to the exclusion of all other conditions, in particular all general or specific conditions of purchase of the restaurant customer.
These T&Cs are binding on any customer of the Services, regardless of the terms under which the subscription may have taken place. In particular, it is specified that, if the customer so wishes, QEAT can undertake, in its name and on its behalf, to subscribe to one or more Services. In this case, the customer provides QEAT with all the elements necessary to create his customer account, in accordance with article 5 below. The GCS, which are sent to him at the latest at the time of confirmation of the subscription, are then fully opposable to him.
Section 3. MODIFICATION OF THE T&Cs
QEAT reserves the right to modify these T&Cs at any time, without notice and without justification.
The modifications made by QEAT to the T&Cs are immediately binding on any customer and immediately applicable to the Services concerned.
Section 4. DEFINITIONS
The terms and expressions below (in the singular as well as in the plural) will have the following meaning in these GCS:
” Customer ” means any customer, natural person, of the Restaurant Owner;
” Order ” means any order for a Service by a Restaurant Owner;
” QEAT Restaurant Owner Account ” means the user account of a Restaurant Owner allowing him, in particular, to find all the information relating to his activities on the Website;
” Contract ” means the contractual agreement concluded between QEAT and a Restaurant Owner, consisting of these T&Cs and QEAT’s confidentiality charter;
” Restaurant ” means any natural or legal person who operates one or more restaurants, who subscribes to a Service and who thus undertakes to pay QEAT the corresponding royalties;
” Service ” means a customer loyalty service provided by QEAT, in this case QEAT or QEAL, depending on the Restaurant Owner’s subscription;
” Website ” means the website operated by QEAT, accessible at the address www.qeat.fr.
Section 5. SUBSCRIPTION TO THE SERVICES
Subscribing to a Service presupposes the creation of a QEAT Restaurant Owner Account, which then allows access to the functionalities of the Service(s) subscribed to by the Restaurant Owner.
The creation of the QEAT Restaurant Account requires filling out a profile by providing certain personal data of the Restaurant Owner such as: his name, his first name, the name of his restaurant, the VAT number (optional), the SIREN number (optional), his postal address, his telephone number, a valid e-mail address as well as, if applicable, his number of stars. These elements are essential to the processing of the Restaurant Owner’s Order. In the absence of any of this information, the Restaurant Owner’s Order cannot be validated or processed by QEAT.
The Restaurant Owner must provide up-to-date information and then proceed, if necessary, with the necessary modifications for each new Order. The Restaurant Owner will be solely responsible and cannot formulate any complaint to QEAT in the event that an Order cannot be correctly processed or sent to him due to the absence of updating of information such as his name, his address , the name of his restaurant or other.
For the purpose of creating a QEAT Restaurant Owner Account, the Restaurant Owner must choose a password. The choice and conservation of the password are the exclusive responsibility of the Restaurant Owner. QEAT declines all responsibility in the event of fraudulent access to the QEAT Restaurant Account by an unauthorized third party using the Restaurant Owner’s login credentials.
Section 6. SERVICES
The Services provided by QEAT are as follows, according to the offer subscribed by the Restaurant Owner:
- QEAT is a customer loyalty service for restaurants, which allows, on the basis of an analysis of reservation files, to determine certain characteristics of Customers and to categorize them. QEAT also offers Restaurant Owners a system for sending scripted SMS to follow up with their Customers. The QEAT Service thus enables restaurateurs to provide better service to Customers, by anticipating their requests.
After subscribing to the Service, the QEAT teams carry out a configuration (“set-up” phase) which then allows the reservations to be analyzed and categorized automatically, then to return the result of this processing before each service.
The Restaurant Owner provides QEAT, directly or through a service provider responsible for managing reservations, with a file containing certain information relating to reservations such as: the Guest’s telephone number, the date and time of the reservation, The number of people.
The analyzes of the information thus communicated and the restitutions are completely automated on the basis of an unprecedented technique of database profiling. All information remains confidential and QEAT has no access to it. This communication is carried out in accordance with the stipulations of QEAT’s confidentiality charter, which forms an integral part of the Contract.
The restaurant owner who subscribes to QEAT thus benefits from analyzes and visualization tables that are updated daily. This analysis data is accessible in the QEAT Restaurant Account. They can also be sent by e-mail to the Restaurant Owner.
The Restaurant Owner can also benefit from SMS sending campaigns to its customers.
- QEAL is a Service intended for restaurants operating in home delivery, integrating the functionalities of the QEAT Service described above and offering them a system for sending scripted SMS to follow up with Customers. Restaurant owners can thus offer their most loyal Customers exclusive advantages.
As part of this Service, the Restaurant Owner provides QEAT, directly or through a service provider responsible for managing reservations, with a file containing certain information relating to reservations such as: the Guest’s telephone number, the date and the time of the order, the amount of the order. This communication is also carried out in accordance with the provisions of QEAT’s confidentiality charter, which forms an integral part of the Contract.
Section 7. SUBSCRIPTION FORMULAS AND PAYMENT
The QEAT and QEAL Services are accessible by subscription, according to the current offers offered on the Website. Each subscription formula is linked to certain parameters, such as the duration of the subscription. These offers may be modified at any time.
The prices of the subscription offers displayed on the Website are formulated in euros and excluding taxes (HT) (French VAT applicable in addition on the day of subscription). QEAT will refuse to apply to the Order any reduction in the price of the subscription that would occur after said Order.
Payment for the subscription is made by direct debit or credit card (only for the Analysis Service in the event of a 12-month subscription). In the event of payment by direct debit, the Restaurant Owner is required to provide QEAT with the bank details (IBAN) of the bank account to be debited. The Restaurant Owner must also sign a direct debit mandate authorizing QEAT to debit the agreed amounts.
Section 8. RENEWAL OF SUBSCRIPTIONS
Each subscription is taken out for a fixed or indefinite period, depending on the offer chosen.
If necessary, at the end of the initial term or of the possible renewal, QEAT will propose to the Restaurant Owner to renew his subscription according to an offer which will be communicated to him by e-mail. After renewal, the payment of the related costs will take place by direct debit according to the methods indicated in article 7 above.
Section 9. DISCLAIMER OF WARRANTY
SUBJECT TO IMPERATIVE LEGAL PROVISIONS TO THE CONTRARY, QEAT PROVIDES NO WARRANTY ATTACHED TO THE SERVICES, IN PARTICULAR NO WARRANTY OF PROPER OPERATION OR OF COMPLIANCE WITH ANY STANDARDS.
IN NO EVENT SHALL QEAT BE LIABLE TO CUSTOMER, ANY USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, INABILITY OR DIFFICULTY TO USE ANY SERVICE, LOSS OF REVENUE, LOSS OF MARGIN, INTERRUPTION OF SERVICE OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE DAMAGE OF ANY KIND ARISING FROM OR RELATING TO THE T&Cs, EVEN IF QEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NO MULTIPLE REQUEST CAN EXTEND THIS LIMITATION.
QEAT MAKES NO WARRANTIES REGARDING THE RESULT OF ITS TESTS. THE RESULT OF SUCH ANALYZES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
AS A PROFESSIONAL, THE CUSTOMER IS THE SOLE JUDGE OF THE RELEVANCE OF SUBSCRIBING TO THE SERVICES, THE CUSTOMER BEING REMINDED THAT HE HAS THE OPTION OF BENEFITING FROM A FREE DISCOVERY OFFER ENABLING HIM TO TEST THE SERVICES PROVIDED BY QEAT FOR FREE DURING LIMITED DURATION.
Section 10. LIMITATION OF LIABILITY
QEAT is responsible for the proper performance of its contractual obligations.
However, QEAT cannot be held liable if the non-performance or poor performance of the Contract is attributable to the Restaurant Owner, to technical constraints beyond QEAT’s control, in the event of the occurrence of a case of force majeure within the meaning of article 1218 of the Civil Code or due to an unforeseeable and insurmountable act of a third party.
QEAT IS NOT RESPONSIBLE FOR ANY MALFUNCTIONING OF THE SERVICES IN THE EVENT OF MALFUNCTIONING OF THE RESERVATION SYSTEM CHOSEN BY THE RESTAURANT, INCLUDING IF THE RESTAURANT DOES NOT INFORM QEAT OF ANY CHANGES IN SAID RESERVATION SYSTEM.
QEAT declines all responsibility in the event of interruption of the Website, the occurrence of bugs or operating errors, as well as in the event of direct or indirect damage, whatever the cause, origin, nature or consequences, caused by anyone’s access to the Website or the impossibility of accessing it, as well as the use of the Website and/or the credit granted to any information coming directly or indirectly from the latter .
In particular, QEAT assumes no responsibility for any damage that may be caused to the Restaurant Owner’s computer equipment as a result of its access to the Website, the use or downloading of any of its elements (data, texts , images, videos or sounds, etc.).
QEAT may, at its sole discretion, carry out corrective maintenance of the Services. QEAT devotes commercially reasonable human and technical resources to respond as soon as possible to any malfunction that it detects or that is reported to it by the Restaurant Owner. QEAT will inform the Restaurant Owner, as far as possible, within a reasonable time, by e-mail of a possible interruption of a Service due to maintenance, so that the Restaurant Owner can make its arrangements.
The Restorer is solely responsible for his computer. It is up to the Restaurant Owner to check that the computer configuration used does not contain any virus and that it is in perfect working order.
QEAT cannot be held responsible for the delay, loss or misdelivery of an email or SMS, or whether or not it was sent to an incorrect email address or telephone number.
QEAT WILL NOT BE RESPONSIBLE FOR ANY MISUSE OF THE SERVICES, IN PARTICULAR IN THE EVENT OF USE NOT CONFORMING TO THE OBJECTIVES OF THE SERVICES AS DESCRIBED IN THESE TERMS AND ON THE WEBSITE.
In any event, QEAT’s liability is limited to the amount of the subscription received by it during the 6 (six) months preceding the occurrence of the damage or the sum of 100 (one hundred) euros if this amount is lower.
Section 11. PRIVACY
11.3 Obligations of the Restaurateur . Insofar as the data that the Restaurant Owner transmits to QEAT is collected by the Restaurant Owner from its own Customers, the Restaurant Owner is required (i) to inform them of the processing of personal data concerning them, according to the requirements of applicable data protection laws, for example according to the model information clause in the Appendix, (ii) to also inform them of the rights they have under said applicable laws, in particular the right to object to profiling and the right to lodge a complaint with the competent supervisory authority, and (iii) respond diligently to requests from its customers. In this context, QEAT may provide reasonable assistance to the Restaurant Owner insofar as QEAT is concerned.
11.4 Restaurant Warranties . The Restaurant Owner guarantees to QEAT that the personal data relating to Customers that is provided to QEAT is accurate and contains no errors. The Restaurant Owner acknowledges that any error affecting a Guest’s telephone number will necessarily affect the provision of the Services and will in practice make the desired segmentation impossible. Similarly, any inaccuracy or imprecision (for example on a reservation date) will have a negative effect on the provision of the Services. The Restaurant Owner guarantees to QEAT that the sending of any SMS as part of a recovery campaign complies with the applicable legislation and, in particular, with the provisions of Article L. 34-5 of the Post and Electronic Communications Code. . Thus, the Restaurant Owner declares and guarantees to QEAT that the database it provides is “opt-in”. The Restaurant Owner must inform QEAT of any objection by a Guest to receiving new requests by SMS. As a technical service provider, QEAT will not be held liable in this respect. The Restaurant Owner also guarantees to QEAT that it informs its Customers of the existence of the processing, for example according to the model clause appearing in the Appendix. QEAT may ask the Restaurant Owner to justify this from time to time. In any event, the Restaurant Owner undertakes to hold QEAT harmless from any negative consequences relating to the use of Customers’ personal data, in particular in the event of a complaint from a Guest or control by a competent authority. resulting in a sanction against QEAT.
11.5 . Data hosting . QEAT declares that data relating to Customers is hosted on servers located in the European Union.
11.6 . Obligations of QEAT . QEAT undertakes that the processing of data relating to Customers is carried out on the basis of the principle of data minimization, the principle of data confidentiality and the principle of data security. Thus, QEAT will only process the data strictly necessary for the provision of the Services. In addition, QEAT will act exclusively according to the instructions of the Restaurant Owner and according to the requirements of the laws relating to data protection, for the sole purposes provided for in these GCS. QEAT guarantees that it has implemented and maintains, at its expense, all the technical and organizational measures necessary to ensure the security and protection of data relating to Customers against any involuntary or illegal destruction, any loss or involuntary modification, any unauthorized disclosure -authorized and any other illegal form of processing, and that these measures ensure an adequate level of security in relation to the risks inherent in the processing, the nature of the data to be protected and the cost of their implementation. In general, QEAT undertakes, upon simple request, to provide the Restaurant Owner with the information reasonably necessary to enable it to demonstrate its compliance with its obligations under data protection laws, insofar as QEAT is actually able to provide such information.
11.8. Exercise of Clients’ rights. Any request for access, modification, updating, opposition or deletion of data relating to a Guest is received by the Restaurant Owner, who must send it to QEAT by e-mail and without delay to the following address : email@example.com attaching proof of identity of the Guest concerned. QEAT will then provide its assistance to the Restaurant Owner in order to satisfy said request, subject to its legitimacy.
11.9. Data leaks. QEAT undertakes to inform the Restaurant Owner in the event of destruction, loss, alteration, disclosure or any other unauthorized third-party action on Customer data, as soon as the event is likely to infringe the rights and freedoms of natural persons. . QEAT will assist the Restaurant Owner to notify the said event to the competent supervisory authority.
11.11. Audit. QEAT undertakes to create and maintain complete records relating to the processing of Customer data implemented within the framework of the Services. QEAT grants the Restaurant Owner a reasonable right of access to said registers as well as a right to copy them, within the limit of 1 (once) per calendar year and according to a minimum written notice of 30 (thirty) days, during normal office hours and subject to the signing of a confidentiality agreement. However, such an audit may not relate to computer centers or third-party equipment and servers.
11.12. International transfers. Personal data relating to Customers is stored within the European Union and no international transfer of data outside the Union is implemented.
Section 12. TERMINATION OF THE T&Cs
Any use of the Services that does not comply with these T&Cs may give rise to early termination by QEAT, after the sending of a letter of formal notice which has remained without effect at the end of a period of 5 (five) working days. The T&Cs may also be terminated automatically in the event of opposition by the Restaurant Owner to the processing of his personal data.
The termination of the T&Cs entails the prohibition for the Restaurant Owner to use the Service(s) to which it has subscribed. The Restaurant Owner’s QEAT Restaurant Account will be automatically deactivated upon expiry of the T&Cs.
In the event of termination of the T&Cs, all sums paid by the Restaurant Owner by QEAT will remain with the latter and no refund will be granted.
In the event of payment of fees in monthly installments, the debit will cease on the date of termination of the GCS, in proportion to the Services provided, without prejudice to the damages to which QEAT will be entitled in compensation for its prejudice.
Section 13. INTELLECTUAL PROPERTY
The Restaurant Owner has a simple right to use the Services, personal, temporary and limited, in SaaS mode (software as a service) , that is to say accessible only online on the internet, for the sole purposes provided for in these T&Cs.
The Services are protected by copyright and other applicable intellectual property rights, both in France and worldwide under applicable international conventions. All elements relating to the Services and the Website are and remain the exclusive intellectual property of QEAT.
In general, the Restorer is prohibited from copying, modifying, reproducing, distributing, publishing, integrating on any medium whatsoever, adapting, transferring or assigning, licensing, sub-licensing, giving as guarantee, transmitting any other way all or part of the Service without the express authorization of QEAT or the holder of the rights concerned.
The trademarks “QEAT” and “QEAL” are registered and are the property of QEAT.
Section 14. APPLICABLE LAW – JURISDICTION
The T&Cs are governed by French law.
Any dispute relating to the GCS and/or the Services not resolved amicably will fall under the exclusive jurisdiction of the PARIS COMMERCIAL TRIBUNAL , including in the event of multiple defendants, warranty claims or emergency proceedings (summary proceedings). , short notice, request).
Section 15. MISCELLANEOUS TERMS
The fact that QEAT does not avail itself at a given time of any of the stipulations of these T&Cs cannot be interpreted by the Restaurant Owner as a waiver to subsequently avail itself of any of the stipulations of these T&Cs.
If one or more of the stipulations of the GCS were to be declared void in whole or in part, the other stipulations would nevertheless remain applicable in their entirety. If necessary, the canceled stipulation would be subject to renegotiation in good faith.
QEAT retains the navigation elements and certain other technical elements relating to the use of the Services, in accordance with its legal obligations. The Restaurant Owner acknowledges that the electronic evidence thus collected will be authentic and may, if necessary, be transmitted to the authorities at their request.
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MODEL GUEST INFORMATION CLAUSE
“ IMPORTANT INFORMATION : by placing an order or reserving a table in our restaurant, certain information concerning you and which may constitute personal data within the meaning of the applicable regulations (including the European General Regulation on the Protection of Personal Data – GDPR – n ° 2016/679 of April 27, 2016) will be subject to computer processing.
This data consists exclusively of the telephone number, the name you provided when making your reservation or order and its amount, as well as the date of your reservation or order. No other data concerning you is processed.
This data allows us to know you better, in particular with regard to your habits of visits or orders. They are collected and processed for the proper management of your reservation or order and the anticipation of any specific requests you may have.
The processing of this data is implemented by our service provider, the company QEAT, a limited liability company with capital of 500 euros, identified under the number 838 118 594 RCS Paris, whose head office is located at 16 rue du Colisée in Paris ( 75008).
In this regard, you have the right to request the rectification, modification or even deletion of the personal data concerning you, as well as the right to oppose the processing of your personal data. To do this, please send an e-mail to the following address contact (@) qeat (.) fr. You also have the right to contact the CNIL.”.