Introduction
Foodle Inc., a company incorporated under the Laws of St. Kitts/Nevis under the registration number XXXXXX  having its registered office at PO 556, Main Street, Charlestown, Nevis designs, develops and markets food related websites.

These general terms and conditions of use apply to all websites (hereinafter ‘Websites’) and mobile and tablet applications (hereinafter ‘Applications’), and/or local variations thereof, that Foodle Inc publishes, and which are listed below:

  • www.foodle.pro (Websites and Applications); 

Users represent that they have obtained all necessary information from Foodle Inc before accessing the services offered by the Websites and/or Applications and that they accept these general terms and conditions of use without reservation.

As a result, these general terms and conditions of use will govern the relationship between Foodle Inc and any user of the Websites and/or Applications. These general terms and conditions of use apply as from the first connection to the Websites and/or Applications by users, who agree, without reservation, to be bound by the rights and obligations set out herein. If you do not agree to these general terms and conditions of use, you are not authorised to use the Websites and/or Applications.

1. Purpose
The purpose of these general terms and conditions of use is to set out the terms and conditions governing access to and use of the Websites and/or Applications, as well as the rights and obligations that arise as a result.

2. Contractual documents
The contractual documents, in decreasing order of priority, are:

  • the specific terms and conditions of use that are specific to certain services;
  • these general terms and conditions of use.

In the event of a contradiction between documents of different types, it is expressly agreed that the provisions contained in a document with a higher rank will prevail over the obligations with which there is a conflict of interpretation.

3. Changes and upgrades
3.1 Changes and upgrades to services
Foodle Inc reserves the right to change and/or improve and/or upgrade the Websites and/or Applications.

Foodle Inc reserves the right to modify the procedures for accessing the services, in particular on a technical level.

Moreover, Foodle Inc reserves the right to permanently or temporarily halt one or more services available on the Websites and/or Applications.

Consequently, users acknowledge and accept that they are not entitled to any compensation on the grounds of a change to one or more services that Foodle Inc offers on the Websites and/or Applications.

3.2 Changes and amendments to the general terms and conditions of use
Foodle Inc may, at any time and without prior notice, amend the provisions of these general terms and conditions of use. Such amendments will take effect when they are put online on the Websites and/or Applications.

Any access or use of the Websites and/or Applications after the relevant terms and conditions of use take effect will be deemed acceptance of the new general terms and conditions of use for the services offered.

Therefore, users of the Websites and/or Applications are recommended to regularly review the general terms and conditions of use, which can be viewed on the Websites and Applications, to learn of any changes and/or amendments thereto. 

4. Users’ obligations
Foodle Inc grants the users of the Websites and/or Applications the right to access and use the Websites and/or Applications solely for their private and non-commercial use. Any collective and/or commercial use is strictly forbidden.

Users undertake to comply with these general terms and conditions of use when using the Websites and/or Applications.

Users shall use the Websites and/or Applications, as well as any information to which they may have access, solely for purposes in accordance with the intended use of the Websites and Applications, public order, morality, the rights of third parties and Foodle Inc, and the ethical rules that apply to the internet.

Users shall not commit any act that may jeopardise the IT security of the user or of other users of the Websites and/or Applications and shall not disrupt other users’ use of the Websites and/or Applications.

Users shall inform Foodle Inc, by recorded delivery post, of any complaint, legal action or claim that may be brought against them and that could affect these general terms and conditions of use.

Furthermore, users shall not perform automatic searches on the Websites and/or Applications in any form (software, metasearch engines, etc.).

5. Interactive services
5.1 Access to interactive services
Foodle Inc offers users of the Websites and/or Applications the possibility of taking advantage of interactive services (hereinafter ‘Interactive Services’).

Interactive Services enable users of the Websites and/or Applications to publish the following types of content (hereinafter ‘User Content’):

  • reviews and/or comments, in particular about restaurants, places or sites;
  • photographs, in particular of restaurants, places or sites;

User Content is made available to other users of the relevant Websites and/or Applications.

Depending on the User Content in question, users of Interactive Services will be required to comply with certain format or size requirements, which will be indicated in the relevant publication form.

Access to Interactive Services may be conditioned on first creating a ‘My Foodle’ personal account, which enables:

  • Foodle Inc to optimise your use of the Interactive Services and to comply with its legal obligations to identify users;
  • all users of the Interactive Services to recognise their own contributions and, in certain cases, to recognise each other.

The conditions and procedures for processing the personal data that Foodle Inc collects when a ‘My Foodle Account’ personal account is created are governed by the provisions of the Personal Data Protection Charter.

The rights and obligations that ensue from use of the ‘My Foodle Account’ personal account are governed by the provisions of the ‘My Foodle Account’ special terms and conditions of use.

5.2 Prohibited uses
You agree not to publish User Content that is contrary to the statutes and regulations in force.

In particular, you shall not publish User Content that:

  • is unrelated to the subjects discussed;
  • contrary to public order or morality;
  • is defamatory, insulting, inappropriate, offensive, hateful, pornographic, paedophiliac, revisionist, or that offends the honour or injures the reputation of another person, including Foodle Inc or that threatens any person or group of persons;
  • incites discrimination against or hatred of a person or group of persons due to their origin, sexual orientation or disability, or because they are or are not of a particular ethnicity, nationality, race or religion, or that defends war crimes or crimes against humanity (inciting hatred or violence);
  • infringes the rights of third parties, intellectual property rights, the right to privacy or the right of publicity, including, but not limited to:
    distributing, in any form, content that infringes patents or registered trademarks, or that infringes trade secrets or any other right concerning the intellectual property of third parties (copyright, neighbouring rights, etc.), in particular by removing or deleting any copyright or trade mark notice or any restrictive statement;
  • downloading, posting or transmitting in any manner, or directing internet users, directly (by a hyperlink) or indirectly, to any content that includes pirated software, software serial numbers, software that enables committing acts of piracy or hacking into telecommunication systems, computer viruses or any code, file or program designed to interrupt, destroy or limit the functionalities inter alia of any software, computer or telecommunications tool and, in general, any software or other tool that enables infringing the rights of others and negatively impacting the safety of persons and property;
  • wilfully distributing false information with the intent of harming others or that encourages, assists, spreads or disseminates rumours in any manner and/or that violates the privacy of correspondence;
  • attempting to mislead other internet users by usurping the name or login of a user of the Websites and/or Applications;
  • downloading, collecting or storing personal data and/or data that enables the identification of other internet users;
    distributing in any form content that the law or contractual relationships prohibit transmitting, such as internal information of a company or information concerning intellectual property, or confidential information that is received or disclosed in the course of business relations or that is covered by a confidentiality clause;
  • committing any act that disrupts and/or hinders the real-time communication capabilities of ‘My Foodle Account’ or the Websites and/or Applications;
  • using the online communication area for advertising, business or commercial purposes (prospecting, soliciting or prostitution) or, in general, offering products and services that directly or indirectly remunerate a third party;
  • diverting the intended use of the online communication area for propaganda or proselytising purposes;
  • inviting internet users to visit fee-based websites or websites of a commercial or advertising nature;
  • is harmful to minors in any manner;
  • encouraging suicide or the commission of violent acts against oneself or others;
  • harassing others;
  • encouraging the mistreatment of and/or attacks on individuals or animals;
  • is tied to the production of or trade in weapons or explosives.

5.3 Moderation
When providing Interactive Services, Foodle Inc acts as a technical service provider hosting User Content published using the Interactive Services.

Nevertheless, users acknowledge that Foodle Inc may verify User Content after it has been put online, using any means it deems appropriate, either directly or by appointing a moderator.

Accordingly, users acknowledge that Foodle Inc is entitled, in its sole discretion, to modify or delete any User Content that it deems to be in breach of the editorial line of the Websites and/or Applications, the laws and regulations in force and, in particular, the prohibitions listed in this clause, or that is reported to it as breaching by the courts.

A reporting system is available at all times for any person who wishes to report the publication on the Websites and/or Applications of any content of which he/she may become aware that breaches these general terms and conditions of use and, more broadly, the laws and regulations in force.

To exercise this option, you may submit any complaint to us by using the online form available by clicking on ' Contact us ' and sending us all information you consider necessary for this purpose.

We draw your attention to the fact that all your reports may be used in connection with legal actions. You may incur civil and criminal liability if you provide false, inaccurate or deceptive information. 

6. Hyperlinks
Creating links to the Websites and/or Applications without the express prior authorisation of Foodle Inc is prohibited. In any event, hyperlinks to any of the Websites and/or Applications must be removed at the request of Foodle Inc.

As a result, in particular, the following are prohibited:

  • any inline link enabling internet users to automatically display content from the Websites and/or Applications in a specific location;
  • any framing link that displays a page from any Website and/or Application in a frame within a page of a Website or Application visited by internet users;
  • any link from websites that breach the prohibitions set out in the clause entitled ‘Prohibitions’ of these general terms and conditions of use.

Nevertheless, pursuant to these general terms and conditions of use, and as an exception to the clause entitled ‘Title’ of these general terms and conditions of use, Foodle Inc authorises you to create:

  • one or more simple hyperlinks to the homepage of a Website and/or Application;
  • one or more simple hyperlinks to the homepage of the various sections of a Website and/or Application;
  • one or more hyperlinks to a map, itinerary, list of points of interest and/or descriptive page, in accordance with the instructions of the Website and/or Application services that offer this option.
     

7. Liability
7.1 Liability of Foodle Inc
Foodle Inc undertakes to use its best endeavours to offer users accurate and verified information, but does not guarantee that the information published on the Websites and/or Applications is accurate, complete or current.

Foodle Inc undertakes to use its best endeavours to provide users with Websites and/or Applications that are available at all times. However, Foodle Inc shall not be liable in the event the Websites and/or Applications are unavailable, in whole or in part, for any reason. Users shall in no event assert any difficulty in accessing the Websites and/or Applications to access information in breach of these general terms and conditions of use.

Foodle Inc shall not be liable to users of the Websites and/or Applications for any indirect and/or unforeseeable losses they may sustain.

Indirect losses include inter alia the loss of data, time, profits, turnover, margins, orders, customers, business, revenue and sales actions, as well as injury to brand image, expected results and third-party actions. Foodle Inc shall also not be liable in the event investment orders or decision are made based on information that is contained on the Websites and/or Applications or accessible through the Websites and/or Applications.

Lastly, users are informed of the risks inherent in the use of the internet, in particular the fact that data transmission is not secure, and represent that they have the expertise and means necessary to access and use the Websites and/or Applications. Foodle Inc shall in no event be liable for such risks and the prejudicial consequences thereof to users, regardless of the scope thereof.

7.2 Liability for the Interactive Services
Users acknowledge that any User Content published using the Interactive Services is done so under the responsibility of its author, and shall not in any manner be deemed a viewpoint, opinion or comment of Foodle Inc, its partners, affiliates or employees.

Foodle Inc, in its capacity as a technical service provider hosting User Content published using the Interactive Services, shall not incur any editorial liability for the publication of User Content in connection with providing Interactive Services.

Therefore, Foodle Inc does not owe a general duty to monitor the User Content it archives, nor a general duty to search for events or circumstances that would disclose illegal activities, nor a general duty to ensure that the User Content published on the Websites and/or Applications is accurate, truthful or honest.

Consequently, Foodle Inc shall in no event be liable for activities or User Content if Foodle Inc is not actually aware that it is illegal or is not aware of facts or circumstances that would show such illegality or, if it becomes aware of such illegality, if it acts promptly to remove such content or block access thereto.

7.3 Liability for Third-Party Services
The Websites and/or Applications may have links to third-party websites, such as renters, hotels and hotel booking platforms that offer a certain number of services, as well as content or services offered directly to users by third parties, whether restaurant owners, weather information providers, etc… (hereinafter ‘Third-Party Services’). Foodle Inc has no control over the suppliers of Third-Party Services and, therefore, assumes no liability as to the quality, availability and content of Third-Party Services.

Consequently, Foodle Inc shall in no event be liable for any direct or indirect losses that may be sustained in connection with users’ use of Third-Party Services.

8. Title
8.1 Foodle Inc content
The elements that Foodle Inc owns, including, but not limited to, Websites, Applications, trademarks, designs, models, images, audio and video clips, texts, photos, logos, graphic charters, software, search engine and databases, both individually and as a whole, are the sole property of Foodle Inc.

These general terms and conditions of use shall not be deemed an assignment of any kind to users of the intellectual property rights in the elements that Foodle Inc owns.

As a result, in particular, the following are prohibited:

  • any adaptation, provision to the public, whether or not at its request, distribution, rebroadcasting in any form, putting online or public communication of all or part of the Services, works, facilities, marks and all elements that are protected or can be protected by the intellectual property law and that are reproduced on the Websites and/or Applications;
  • any extraction or reuse, including for private use, of a substantial portion of the content of the databases created by the Websites and/or Applications;
  • any repeated and systematic extraction or reuse, including for private use, of any portion, including a non-substantial portion, of the content of the databases created by the Websites and/or Applications;
  • any link, access, modification, addition or deletion that concerns the automated online publication processing system and modifies the publication conditions or the editorial policy;
  • any action that creates a resemblance or confusion in the mind of the public between the Services offered on the Websites and/or Applications and the products or services of third parties. Accordingly, users shall take all measures necessary to protect said rights vis-à-vis all third parties and, in particular, shall maintain, without alteration, all ownership notices placed on all data, information and, more broadly, on the elements that can be viewed on the Websites and/or Applications or that are communicated to them by Foodle Inc;
  • fraudulently accessing and remaining on an automated data processing system;
  • fraudulently deleting, modifying or adding data to such systems;
  • hindering the operations of such systems.

Any use that Foodle Inc does not expressly authorise in advance, in writing, is prohibited and infringing. Any user who breaches these general terms and conditions of use will be subject to civil and criminal actions intended to sanction inter alia infringements of copyright, neighbouring rights, the rights of database creators and automated data processing systems.

Any use that Foodle Inc does not expressly authorise in advance, in writing, is prohibited and infringing. Any user who breaches these general terms and conditions of use will be subject to civil and criminal actions intended to sanction inter alia infringements of copyright, neighbouring rights, the rights of database creators and automated data processing systems.

8.2 User Content
User Content remains the property of its authors or their successors in interest.

Users grant Foodle Inc a non-exclusive licence, free of charge, to publicly display, reproduce, use, modify, adapt (in particular with respect to size, definition, framing, conversion to black and white, reduction or transparency), archive and translate the User Content, or incorporate it into other content, on any paper or digital media, in particular the Websites, Applications and media that promote the products and/or services of Foodle Inc, as well as all other current or future Foodle Inc products, for promotional or commercial purposes, by any means, worldwide and for the duration of the literary and artistic property rights attached to the relevant User Content and current and future international conventions.

Foodle Inc will use its best endeavours to respect authors’ moral rights, in particular the right of authorship of authors of photography works.

Users represent that they hold all intellectual property rights in intellectual creations they own or for which they have obtained all necessary rights, in particular intellectual property rights, enabling them to accept these general terms and conditions of use and comply with all provisions hereof.

Accordingly, users warrant Foodle Inc the peaceful enjoyment of the User Content they publish on the Sites and/or Applications. Consequently, users shall assume all liability for any action, claim, demand, eviction, recourse or opposition by any third party alleging the infringement of an intellectual property right or an act of unfair competition and/or passing off caused by publication of the relevant User Content.

Consequently, users shall pay all damages that Foodle Inc may be ordered to pay on the grounds of an act of infringement or unfair competition or passing off as a result of the publication of the relevant User Content, as from the time the order granting such damages becomes enforceable, as well as expenses of any type that Foodle Inc incurs for its defence, including lawyers’ fees.

Moreover, users shall compensate Foodle Inc for all prejudicial consequences it sustains due to the disruption of its peaceful enjoyment.

Non-compliance with the provisions of this clause may lead to the removal of the User Content at issue, notwithstanding any other legal action and/or damages that Foodle Inc may be entitled to claim from you.

8.3 Third-Party Content
Elements owned by third parties, including, but not limited to, websites, trademarks, designs, models, images, audio and video clips, texts, photos, logos, graphic charters and software (hereinafter ‘Third-Party Content’), are the sole property of their authors and are therefore protected by copyright, trade mark rights or any other right recognised by the laws in force.

These general terms and conditions of use do not assign any intellectual property right in the Third-Party Content to users, unless expressly granted by Foodle Inc or the author thereof. Consequently, users shall not infringe such rights in any manner.

If Third-Party Content expressly refers to websites on which it is available, users shall ensure that no confusion of any type is possible and that such elements and content cannot reasonably be assumed to be the property of Foodle Inc.

9. Personal data
In accordance with the data protection laws and, in particular, the French Data Protection Act, Law No. 78-17 of 6 January 1978, as amended, and its implementing decree, Foodle Inc may collect personal data that are indispensable to providing certain services to users of the Websites and/or Applications.

The conditions and procedures for processing personal data that Foodle Inc collects when the Websites and/or Applications are used are governed by the provisions of the Personal Data Protection Charter.

In accordance with the French Data Protection Act of 6 January 1978, as amended, you have a right to query, access, modify, rectify, delete and, on legitimate grounds, oppose the use of your personal data, and the right to provide instructions for your data after your death.

To exercise this right, simply send us an email, enclosing a copy of an identity document, to the following address: Foodle Inc, Customer Service,  info@foodle.pro

10. Breach of the general terms and conditions of use
In the event of a breach of the obligations imposed by these general terms and conditions of use, Foodle Inc may take all measures it deems appropriate vis-à-vis any user who commits such breach.

11. Agreement with respect to proof
All correspondence that the parties exchange has probative value and is therefore binding on them.

The computerised registers stored in Foodle Inc’s computer systems will be maintained under general security conditions and will be considered proof of communications between the parties.

Records of access to the services are archived and stored on a reliable and durable medium that can be produced as evidence.

12. Address for notices
Foodle Inc chooses the address that appears on the Websites and/or Applications as its address for notices.

13. Customer service
For any information or question concerning the use of the Websites and/or Applications, users may access Foodle Inc’s customer service by clicking on 'Contact us'.

14. Governing law and jurisdiction
These general terms and conditions of use are governed by French law.

The foregoing applies to both substantive and procedural rules, regardless of the place from which users access the services and regardless of the content of the data.

IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY CONFERRED ON THE COURTS IN PARIS, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE JOINDER OF THIRD PARTIES, AND INCLUDING FOR URGENT OR PROTECTIVE MEASURES, WHETHER PURSUANT TO SUMMARY PROCEEDINGS (RÉFÉRÉ) OR EX PARTE APPLICATIONS (REQUÊTE).