1 About these terms
1.1 These Terms apply when you access and/or use QEAT whether on your computer, on a mobile device or on our website www.qeat.fr (hereinafter, the “Website”). These Terms also apply to any service we provide as part of the Website, such as customer service, social media, community channels and other websites that we may operate from time to time. in time (in these terms, our other services are collectively referred to as the “Services”). These terms constitute a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these Terms or any future amended version of these Terms, you must not use and/or access our Services and must immediately stop using and/or accessing our Services. If any action by you is required to accept any future changes to these terms, you may not be able to continue to use the Services until you take that action to accept the updated terms.
1.3 these conditions represent a legal agreement between you and QEAT SARL with a capital of €500, RCS Paris 838 118 594, domiciled at 16 rue du Colisée, 75008 Paris.
1.4 In these terms, the terms “QEAT”, “we”, “us”, “our”, “our” and “our” refer to QEAT SARL.
1.5 These conditions are made available on any website or any platform on which you can use our services such as our website www.qeat.fr (hereinafter, the “Website”). You agree that by accessing and/or using our Services, you agree to these Terms and our Privacy Policy (see paragraph 13 below).
1.6 You certify that you are at least 13 years old. If you are between the ages of 13 and 18, you certify that your legal guardian has read these terms, accepted them and authorized you to access and/or use our Services.
1.7 We may change these terms at any time in accordance with paragraph 17 below, and your continued use of our Services after the terms are updated will constitute your acceptance of the new version.
2 Access to and use of our Services
2.1 The rules, tariff systems, orders and recommendations can be consulted directly on the site. All such systems, rules, commands and recommendations are incorporated into these Terms and you agree to abide by them when accessing and/or using the Service.
2.2 You are responsible for any internet connection and/or mobile charges you may incur when accessing and/or using our Services. If in doubt about such charges, consult your mobile operator or Internet service provider before accessing and/or using our Services.
2.3 Our Services may sometimes be totally or partially unavailable, planned or unplanned, for technical or maintenance reasons.
3 Accounts
3.1 When using our Services, you may choose to create an account on our Services, and in some cases you will be required to do so. If you create an account on our Services, you agree to make every effort to protect your login credentials and maintain their confidentiality.
3.2 You agree not to disclose your login credentials to anyone or allow anyone to use these credentials or your account.
3.3 In these terms, references to “login credentials” or an “account” include your credentials and the social media or platform accounts that you authorize to interact with our Services.
3.4 We can reasonably assume that if someone logs into your account using your login credentials, it is either you or someone who has your permission. If you fail in your obligation to maintain the confidentiality of your connection identifiers, that you communicate them to third parties or that you share your account with a third party (voluntarily or not), you will assume full responsibility for the consequences of such acts ( including fraudulent purchases) and you agree to fully compensate us for any loss or damage that may result.
3.5 We are not responsible for any losses you may incur due to unauthorized access to your account and/or use of our Services. We also disclaim all liability for any loss or damage resulting from unauthorized access to your account, fraudulently or otherwise.
3.6 We reserve the right to delete your account if we detect no activity on it for at least 180 days. If necessary, it is possible that your access linked to your account will be withdrawn and that you will no longer be able to use it.
3.7 You agree that if you delete your account or if we delete your account in accordance with these provisions, you may lose access to data previously linked to it (including your history of our services).
3.8 You acknowledge and agree that you will have no ownership or other rights in any account you create through our Services. We may, at any time, for any reason or even for no reason, suspend, terminate, modify or delete, with or without notice, any account you have created.
3.9 Your account is personal and you are not permitted to transfer it to any other person.
4 Virtual Services
4.1 Our Services may include Virtual Services (hereinafter, “Virtual Services”). You agree that Virtual Services, once purchased, cannot be exchanged for real money, goods or services from anyone under any circumstances. You agree that Virtual Services are not transferable in any way and you will not transfer or attempt to transfer any Virtual Services to anyone.
4.2 You do not own the Virtual Services. You are purchasing a limited, personal, revocable right to use such Services. Your Virtual Services balance has no material value on its own.
4.3 You agree that the Virtual Services you purchase from us are final sales and that no refunds will be given. If you live in a European Union country, you have certain withdrawal rights for purchases made remotely. However, please note that, when you buy a right to use Virtual Services from us, you acknowledge and agree that the provision of the Virtual Services takes place quickly once the purchase has been made and that, after this stage, your right of withdrawal takes effect. end. For the purposes of Section 4.3, a “purchase” is considered made when our servers validate your purchase and credit the Virtual Services to your account on our servers.
4.4 If you do not log in to a QEAT account, you will not be able to restore any data associated with the services you use to another device if you lose or damage your current device. Therefore, on a device not connected as previously described:
• any risk of loss of any Virtual Service you purchase from us passes to you once the purchase is made, as described in paragraph 4.3 above;
• any risk of loss of Virtual Services that we send to you without you making a purchase passes to you at the time the Virtual Services are credited to your account on our servers;
• Any risk of loss of data associated with the service you use passes immediately to you at the time the service data is generated.
4.5 If you are located in the European Union, we will provide you with a VAT invoice where required by law or in response to a request from you. You agree that these invoices may be provided in electronic form.
4.6 We reserve the right to monitor, regulate, modify and discontinue the Virtual Services, without liability to you.
4.7 We may modify the prices of the Virtual Services offered on our sites at any time. We may limit the total amount of Virtual Services or the total quantity of Virtual Services that may be purchased at any given time, and/or limit the amount of Virtual Services or the total quantity of Virtual Services that may be present in your account. You are only permitted to acquire Virtual Services from us or our authorized partners through the Services, and in no other way.
4.8 Without limiting the scope of paragraph 3.7, 4.4 or 7.1, if we suspend or terminate your account in accordance with these terms, you may lose your Virtual Services and we will not provide you with any compensation or reimbursement for this.
4.9 The price charged for a service sold via our Site corresponds to the price displayed on the Site at the time of your purchase, except in the event of an obvious error. The price is inclusive of all taxes. Depending on your bank, additional taxes and withholdings may apply; we have no power over these hazards and therefore reject any associated liability. If you have the slightest doubt about these additional deductions or taxes, we advise you to check with your bank before making any purchase on our Site. We accept payment through our partners by credit card and cash card only. If your transaction is not validated by our partners, your purchase will not be counted. Your purchase will be allocated to you as soon as possible following the validation of the corresponding transaction: we do everything we can to ensure that the wait following the purchase is as short as possible.
5 User behavior and content
5.1 You must comply with the law in force in the territory from which you access our Services. If applicable laws restrict or prohibit your use of our Services, you must comply with such restrictions or, if applicable, cease accessing and/or using our Services.
5.2 You certify that the information you provide to us when accessing and/or using our Services is at all times accurate, precise and complete.
5.3 You are prohibited from uploading, communicating, transmitting or making available any Content in any other way:
• considered, or could be considered, to be unlawful, harmful, harassing, defamatory, obscene or objectionable;
• considered, or could be considered, as not respectful of the privacy of others;
• considered, or could be considered, likely to incite racial or ethnic violence or hatred;
• that you are not authorized to make available (for example, privileged or confidential information of third parties);
• infringing the intellectual property rights or other proprietary rights of third parties;
• Constituting advertising, promotional content, spam, chain letters, pyramid schemes or any other form of solicitation that is undesirable or fraudulent; Where
• containing viruses or other forms of computer code, files or programs designed to interrupt, destroy or limit the functionality of computer software or hardware, or telecommunications equipment.
5.4 You agree that you are prohibited from:
• use our Services to harm, offend or harass third parties;
• to create several accounts per platform to access our Services;
• to use the e-mail address of a third-party natural or legal person to create an account and use our Services;
• to use our Services for fraudulent or abusive purposes (in particular by using our Services to usurp the identity of natural or legal persons, or to make false declarations concerning your affiliation with a natural or legal person or with our Services);
• divert, anonymize or hide your IP address or the source of Content that you may post;
• use our Services for commercial or professional purposes, for the benefit of third parties or to send unwanted communications;
• remove or modify any legal notices or other proprietary information in our app or any other part of our Services;
• interfere with or disrupt our Services, servers or networks providing our Services;
• attempt to decompile, reverse engineer, reverse engineer or hack our Services, or circumvent or defeat encryption technologies or security measures applied to data we transmit, process or store;
• to recover illegally, via various techniques (“harvesting”, “scraping”, etc.), information concerning third parties using our Services, in particular their personal information (in particular by putting elements online to recover information, for example cookies of the type “pixel tag”, .gif files or other techniques sometimes called spyware or passive collection mechanisms);
• sell, transfer or attempt to sell or transfer an account used in connection with our Services or any part of an account, Credits and/or Virtual Services;
• to contravene the obligations or regulations of any network connected to our Services;
• using our Services in a manner that violates any applicable laws or regulations;
• to use our Services in any other way that is not explicitly authorized in these conditions.
5.5 We reserve the right to remove Content uploaded through our Services if we believe, in our sole discretion, that it causes or results from a violation of all or part of these conditions, or that it is likely to damage our reputation or that of our Services.
6 Non-compliance with these conditions
6.1 Without limiting the scope of any other remedy or paragraph of these conditions, if we believe that you are guilty of material breaches of these conditions (including via repeated minor breaches), we reserve the right to take any of the following actions, alone or in combination, and with or without notice:
• delete, suspend and/or modify all or part of your account;
• suspend and/or terminate your access to our Services;
• modify and/or delete the Virtual Services that may be associated with your account;
• reset and/or change any benefits and benefits associated with your account.
Without reservation, any breach of paragraphs 4.1, 4.8, 5.4 and 5.5 is likely to be considered a material breach.
6.2 You agree to indemnify us, in accordance with the law, for losses, damages, claims and expenses which may arise from your breach of these conditions.
7 Availability of Services
Subject to the following sentence, we do not guarantee that any of our Services will be available or error-free at any time or at any time. We will provide our Services in accordance with the standards set out in any legislation. In particular, only with respect to Virtual Services, or any other part of our Services purchased with real money, we warrant that they will substantially conform to the description provided at the time of purchase and that they will be of satisfactory quality (otherwise any related services provided through them will be provided with reasonable care and skill). We may change or update our Services in whole or in part without notice (provided that such changes are not the result of material degradation of the functionality of any part of the Services that has been paid for with real money). We make no representations or warranties as to the availability of Services which are provided free of charge (i.e. not paid for with real money) and we reserve the right to modify or discontinue them at our sole discretion and without notice, including, for example, for economic reasons when a limited number of users continue to use them over time, or for technical reasons (such as technical difficulties encountered by us or related to Internet), or finally to allow us to improve the experience offered to our users. We cannot be held responsible for any non-performance or delay of any of our obligations due to events beyond our control. If such circumstances cause material degradation of the functionality of the Services, you will be released from any obligation to make any payment to download, use or access the Services during the period in question. We reserve the right to modify or discontinue the Services or any portion of such Services paid for with real money at our sole discretion and upon reasonable notice.
8 Limited Liability
8.1 We are liable for death or personal injury caused by fault on our part or that of our representatives, for loss or damage caused by fraud on our part or that of our representatives, and for any other which may be our responsibility under the law.
8.2 We accept no liability for the following:
• loss or damage not caused by a breach of these terms or our fault;
• loss or damage not reasonably foreseeable by you or us at the time of your acceptance of these terms of use, including losses which may arise as a side effect of foreseeable losses. These may include data loss, loss of profits, service interruptions, computer or other equipment failures, or financial losses;
• any damage that may be caused to any device with which you access or use our app or any of our Services, unless such damage is directly attributable to our failure to exercise reasonable skill and care in providing our application or other Services in question;
• any aggravation of loss or damage caused by your breach of these Terms of Use;
• any technical failure or unavailability of any of our Services, where these are beyond our control.
8.3 In respect of loss or damage (other than that referred to in paragraph 8.1 and subject to paragraph 8.2), for a period of twelve months we shall only be liable for loss or damage which is a reasonably foreseeable consequence of our fault or breach of these Terms of Use, up to the amounts you have paid to us during the 100-day period ending on the date of your complaint. Losses and damages are deemed foreseeable only where they could have been contemplated by you at the time of your acceptance of these Terms of Use.
8.4 Subject to paragraph 8.5 below and except as otherwise set out in these Terms, we make no warranties, express or implied, relating to our Services, and you acknowledge that your only right in the event of any problems or dissatisfaction with your part regarding our Services is to stop using the relevant Services.
8.5 Any other rights you may have as a consumer remain unaffected by these terms.
9 Intellectual Property
9.1 You acknowledge that the copyrights, trademarks and other intellectual property rights in and related to our Services are owned by or licensed to us.
9.2 Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use our Services (excluding any related source code/object) for personal and private purposes. You agree not to use our Services for any other purpose. These terms also apply to any update or patch that we may make available for any of the Services, and such update or patch will be considered part of the Services for purposes of these conditions.
9.3 you acknowledge and agree that, other than the license granted to you under these terms, you shall have no ownership or other rights in any of our services, including, without limited to currencies or virtual items. Except with our prior written permission, you are prohibited from copying, distributing, making available to the public or creating derivative works from all or part of our Services.
9.4 In particular, and without limiting the scope of paragraph 9.3, you are prohibited from using or making available cheating techniques or other technological measures designed to control access to all or part of our Services, in particular to provide access to Virtual Services, whether free of charge or otherwise.
9.5 When you submit Content (as set out in paragraph 5.3) via our Services:
• you certify that you are fully authorized to do so;
• you grant us and our group companies the right to modify, adapt, publish and use your Submission and any derivative works we may create from it, on all supports (currently existing or invented later), for any purpose, in perpetuity, without any compensation;
• you acknowledge that you may have moral rights in the Content, such as the right to be cited as the creator of your submission and the right to refuse to have your submission presented in a degrading manner. You agree to waive any such moral rights you may have in the Content; and
• you agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you grant us the right to enforce your rights in such Content if we wish, including by taking legal action (at our expense) on your behalf.
9.5 You are prohibited from copying, distributing, making available to the public or creating derivative works from Content belonging to other users of our Services.
10 Confidentiality
10.1 Customer Data. As part of the provision of the Services, QEAT will, on your behalf, process certain personal data relating to your customers, in this case their telephone number, the name they used when booking or of the order and its amount, as well as the date of their reservation in your restaurant and the name of your restaurant. This data is intended to feed our database containing information provided by other QEAT partner restaurants and, ultimately, to provide the Services.
10.2. Data managment. QEAT only processes the data provided to it by its restaurant partners and which relate to their customers, including, therefore, the data that you have transmitted to it. QEAT will only act with respect to this data according to your explicit instructions. Each of the Parties undertakes, both for itself and on behalf of its staff members, to process the personal data of customers in accordance with the obligations incumbent on it under the laws on the protection of personal data applicable to Services.
10.3 Your obligations. To the extent that the data you transmit to us is collected by you and from your own customers, you are 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 your customers. In this context, QEAT may provide you with reasonable assistance insofar as it is concerned.
10.4 Your warranty. You warrant to QEAT that the personal customer data you provide to QEAT is accurate and free of errors. You acknowledge that any error affecting a customer’s telephone number will necessarily affect the provision of the Services and will make the desired segmentation impossible in practice. Similarly, any inaccuracy or imprecision (for example on a reservation date) will have a negative effect on the provision of the Services. You also guarantee to QEAT that you inform your customers of the existence of the processing, for example according to the model clause in the Appendix. QEAT may ask you to justify this from time to time. In any event, you agree to hold QEAT harmless from any negative consequences in this regard, in particular in the event of a customer complaint or control by a competent authority resulting in a sanction against QEAT.
10.5. Data Hosting. QEAT declares that your customer data is hosted on servers located in the European Union.
10.6. Obligations of QEAT. QEAT is committed to ensuring that the processing of data relating to your 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 your instructions and according to the requirements of the laws relating to data protection, for the sole purposes provided for in these T&Cs. 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 your customers against any involuntary or unlawful destruction, any involuntary loss or modification, any disclosure unauthorized 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 you with the information reasonably necessary to enable it to demonstrate its compliance with its obligations under data protection laws, insofar as QEAT is effectively able to provide such information.
10.7. Duration of data retention. Data relating to your customers is kept for the period provided for in QEAT’s Privacy Policy.
10.8. Exercise of customer rights. Any request to access, modify, update, oppose or delete customer data is received by you. You must send it to QEAT by e-mail at the following address: privacy@qeat.com, attaching a proof of identity of the customer on file. QEAT will then provide you with its assistance in order to satisfy the said request, subject to its legitimacy.
10.9. Data leaks. QEAT undertakes to inform you in the event of destruction, loss, alteration, disclosure or any other unauthorized third-party action on customer data, when the event is likely to infringe the rights and freedoms of natural persons. QEAT will assist you in notifying said event to the competent supervisory authority.
10.10. Subcontracting. QEAT is authorized to use certain subcontractors for the purposes of the Services and, by extension, the processing of customer data. The contracts concluded with these subcontractors include clauses equivalent to those of these T&Cs and QEAT’s Privacy Policy with regard to the protection of personal data.
10.11. 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 you a right of reasonable access to said registers as well as a right to copy them, within the limit of 1 (one) time 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.
10.12. International transfers. Personal customer data is stored within the European Union.
10.13. Privacy Policy. For more information on how QEAT collects and processes customer data, you can refer to QEAT’s Privacy Policy, the terms of which must be approved together with these Terms.
11 Links
We may post links to third-party websites or services from our Services. You agree that we make no warranties regarding the content, goods or services provided by such third parties. We also accept no liability for any loss or damage caused by such third parties. Any costs you may incur in connection with your relationship with such third parties are your sole responsibility. You agree that when you provide information to such third parties, such action is governed by such third parties’ privacy policy (if any), and not ours.
12 Transfer of these Terms
12.1 We may transfer to third parties all or part of our rights and obligations under these conditions without your consent, provided that such transfer does not present a major inconvenience to you. Unless we have given our prior written consent, you are prohibited from transferring any or all of the rights granted to you under these terms.
13 Entire Agreement
These terms set out the entire agreement between you and us in relation to our Services (as defined in paragraph 1). They supersede and supersede any prior agreement and understanding between you and us on this subject.
14 Modification of these conditions
14.1 You can view these terms at any time at www.qeat.fr/conditions-generales-dutilisation-cgu
14.2 Without prejudice to paragraph 17.8 below, we reserve the right to update these conditions at any time by publishing their new version at the address indicated. We may do so for a number of reasons, including, but not limited to, because we change the nature of our products or services, for technical or legal reasons, or because our business needs have changed. You agree that if you do not accept certain modifications to our terms, you must immediately stop accessing and/or using our Services.
15 Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law or in the opinion of a court of competent jurisdiction, such provision shall be construed in a manner consistent with applicable law, reflecting as closely as possible its original intent, and the other provisions will remain in full force and effect. If it is impossible to interpret an invalid or unenforceable part of these conditions in accordance with the laws in force, that part will be deemed not to exist in these conditions without prejudice to the remaining provisions of these conditions.
16 Waiver of our rights
The non-exercise or non-application of one of our rights contracted hereunder does not constitute a waiver of our ability to exercise or enforce said right later. Waiver of any of our rights can only be effective if we expressly waive it in signed writing.
17 Complaints and Dispute Resolution
17.1 Most problems you may have with these Terms can be resolved quickly by emailing us at contact (@) qeat (.) fr
17.2 In the unlikely event that we are unable to resolve your problem and you wish to take legal action against us, we inform you that these conditions are governed by French law and must be interpreted in accordance with it. .
18 Jurisdiction and applicable law
Our app and other Services are made available subject to these terms. This section explains the laws that apply to these Terms.
18.1 You are entering into a contract with QEAT SARL, RCS Paris 838 118 594, domiciled at 16 rue du Colisée, 75008 Paris. French laws will exclusively govern the interpretation of these conditions and will apply in the event of a claim relating to their violation, without reference to the principles of conflict of laws. All other claims, including but not limited to consumer protection and unfair competition laws, negligently and tortiously, will be governed by the laws of the country in which you are resident. In the event of a dispute between you and us regarding these terms of use, such dispute shall be governed by the jurisdiction of the courts of France, unless the laws of your country of residence allow you to choose the courts of that country for the dispute in question.
19 Questions about these Terms
For any questions regarding these conditions or our Services, contact us by e-mail at contact@qeat.fr
These Terms were last updated on June 04, 2019.
ANNEX
CLIENT INFORMATION CLAUSE MODEL
” 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 – RGPD – 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.”.