Terms and conditions of use and sale
The purpose of these general conditions of use and sale (here after referred to as "TCUS") is to determine the rules for using the FlashResto mobile application and the website www.flashresto.com (here after respectively referred to as " application "and the" website ") published by the company HYB Technologie (here after called" HYB Technologie "," we "," our "," us ").
By installing the application on your terminal and / or by accessing the application or the website, as a visitor and / or user, you accept without condition or reservation the entirety of the TCUS defined below. If you do not wish to accept these TCUS, please do not download the application, do not access and do not use the website.
Any visit and / or use of the application or website must be done in compliance with these Terms.
If these TCUS are not available in your language, they will be displayed in english by default.
Article 01. INTRODUCTION
To access and use the application or the website, you must:
Have a compatible phone, mobile terminal or computer and access to the Internet.
Access is open to all
Article 02. ACCESS TO THE APP AND THE WEBSITE
To access and use the application or the website, you must have a compatible telephone, a mobile terminal or a computer and access to the Internet.
The application can be downloaded for free from the "Apple Store" and "Google Play Store" platforms on the following mobile devices:
- Apple® iPhone® mobile phone developed from the iOS operating system on iOS with a version higher than version 12.2.
- mobile phone operating the Android® OS 4.4 to OS 4.4 operating system.
The software version of the application may be updated from time to time to add new functions and services.
Article 03. CHANGES
We reserve the right to make changes to the general conditions of use at any time and at our sole discretion. In this case, you will be informed by notification or update on the application or by email. You can end contracts at any time by contacting us at the following address: email@example.com
Article 04. COSTS
FlashResto is a service that allows establishments such as restaurants, bars and cafes to digitize their menus and generate their websites
Menu digitization is for free with non-intrusive advertising,
You can digitize the menu without any ads and generate your website with the following conditions:
Pay the amount of 90,00 € (ninety euros) annually excluding VAT
Article 05. USER INFORMATION AND CONTENT
All information, data, texts, software, photos, graphics, videos, messages or other materials posted, downloaded, contributed or transmitted via the application or the website by users ("User Content") are the sole responsibility of the person who generated this user content. HYB Technologie declines any responsibility concerning this user content available on the application or on the website. HYB Technologie can and without having the obligation edit, revise, review, control or moderate user content but in any case, HYB Technologie will not be responsible for user content and HYB Technologie does not validate any opinion contained in any user content.
In all cases, HYB Technologie reserves the right to remove or deactivate access to any user content which, in HYB Technologie's opinion, at its sole discretion, violates contracts. HYB Technologie can take these measures without giving you prior notice or to any third party. Removing or disabling access to user content will be at our sole discretion.
You agree that if any person sues HYB Technology for user content that you post, then, to the extent permitted by law, you will indemnify and hold HYB Technology harmless against all damages, losses and expenses of any kind (including reasonable attorneys' fees) resulting from this lawsuit.
The exercises entered by the user may be subject to intellectual property or other restrictions. The user undertakes that, for any user content that he publishes on FlashResto or on the website, he must publish this user content in accordance with the law.
HYB Technologie may immediately remove the content but without having to do so if the intellectual property rights of the content are violated.
By providing user content, the user grants HYB Technologie a worldwide, free and non-exclusive license to reproduce, modify, adapt and publish user content indefinitely for the normal functioning of the application or website.
Article 06. SIGN IN WITH FACEBOOK
When you Sign in to access our services using the Facebook log in, FlashResto will have access to the following data:
1- Your email address
2 - Facebook identification number.
This data is used to connect to FlashResto. This information will only be used by FlashResto and will not be shared with third party.
Article 07. INTELLECTUAL PROPERTY OF THE APPLICATION AND THE WEBSITE
HYB Technologie is the exclusive owner of all intellectual property rights relating to the application or the website and their content.
Without prejudice to the provisions of article 7, none of the provisions of the TCUS can be interpreted as an assignment, transfer, sale, concession, license, loan, rental, operating authorization granted directly or indirectly by HYB Technologie for the benefit of the user on the application and on the website, their content and/or services.
All content is processed by the application and by the website and manually checked and completed by our services.
Article 08. LICENSE TO USE
HYB Technologie grants the user a personal right to use the application and the website, content and services, non-exclusive, revocable, non-transferable, non-transferable, worldwide and free only for their own needs within the framework the use of the application, the website and their services, to the exclusion of any other purpose.
It is strictly forbidden for the user to access and/or use the source codes of the application or website and/or their software components.
The user does not acquire any intellectual property rights in the application or on the website, content and/or services or any other right than those conferred by these.
This license does not confer any user rights on the content. The user, therefore, refrains from reproducing, representing, adapting and/or exploiting the content.
The User undertakes not to use any device or software in order to disturb or/and prevent the functioning of the application or the website.
The user expressly undertakes that the use of the application or the website does not in any way infringe the rights of HYB Technologie, and in particular that this use does not constitute an act of counterfeiting or competition unfair or parasitic of the content.
The user must provide only correct and up-to-date information.
Article 09. OBLIGATIONS OF THE USER
The user expressly agrees:
- not to reproduce permanently or temporarily the application or the website, in whole or in part, by any means and in any form;
- not to use software or processes intended to copy the content without the prior written authorization of HYB Technologie.
- not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or "Reverse Engineering") of all or part of the application or the website, services and/or content;
- not to export the application or the website, not to merge all or part of the application or the website with other computer programs;
- not to make short quotations, analyzes and reproductions intended for press reviews as well as for the other uses expressly authorized by the law within the limits and conditions fixed by this last and subject in particular to quote the name of the authors and the editorial source.
- to expressly renounce the use of software or devices liable to disrupt the proper functioning of the application or the website, or to take action likely to impose a disproportionate burden on HYB Technologie's infrastructure.
- not to extract or reuse, including for private purposes, without the prior written authorization of HYB Technologie, a substantial part or not of the content of the databases and archives constituted by the application or by the website.
- not to set up systems likely to hack the application or the website and / or the content in whole or in part, or of a nature to violate these Terms;
- to inform HYB Technologie as soon as it becomes aware of an act of piracy and in particular of any illicit or non-contractual use of the application or the website and / or the content regardless of the mode of dissemination;
- not to sell, rent, sublicense or distribute in any way the application or the website and / or the content to third parties.
Article 10. PROTECTION OF PERSONAL DATA
1. THE INFORMATION WE COLLECT
We may collect and store the following information
a. THE INFORMATION YOU GIVE US
You can give us information about yourself by filling out forms on the application or on the website
To register, you will need to provide:
● Password (encrypted)
b. THE INFORMATION WE COLLECT ABOUT YOU OR YOUR DEVICE
Each time you use our application or our website, we may automatically collect the following data:
● Technical information: the type of mobile device and the operating system of your mobile phone
● Information based on activity on the application or website
○ Sharing on social networks
○ Date and time of the last connection
2. USE OF THE INFORMATION
We use the information collected about you in the following ways:
at. INFORMATION YOU GIVE US
● We will use this information in compliance with our obligations related to the contract between HYB Technologie and you and to provide you with the products and services you have requested from us.
● Ensuring that the content of the application or website is presented in the most effective manner for you and your device.
● With your express agreement, provide you with information on goods and services similar to those you already have
● Make you aware of changes to the application, website or our services
b. INFORMATION WE COLLECT ABOUT YOU
● We will use this information to administer the application, the website and our internal operations, including problem solving
● Improving the app and website to make sure that content is presented in the most effective way for you and your device
3. DISCLOSURE OF INFORMATION
In order to be able to carry out the treatments listed above, we are required to share your data by giving access to authorized and authorized personnel for this purpose, namely:
➔ Our internal services:
• IT services
• Accounting department
• Marketing and internet service
• Sales / deployment service
• Customer relations service
➔ Our subcontractors:
• Our potential IT subcontractors
• Our potential call centers
• The banks
The processing is carried out under the responsibility of the company HYB Technologie, whose contact details are as follows:
HYB Technologie La Hamonnière 35640 Martigne-Ferchaud, France.
In order to preserve the confidentiality and security of your personal data and in particular, to protect against illicit or accidental destruction, accidental loss or alteration, or even unauthorized disclosure or access, we take the technical and organizational measures applied , in accordance with the applicable legal provisions. To this end, we have put in place technical measures (such as firewalls) and organizational measures (such as a username / password system, means of physical protection, etc.).
You will have the right to access data concerning you, to have rectified or erased, to transfer or to have made to a third party, to obtain the limitation of the processing or to object to this processing. We comply with your request subject to compliance with the legal obligations incumbent on us.
You want the right to withdraw your consent to the processing of data concerning you at any time. The withdrawal of your consent does not affect the lawfulness of the processing carried out before this withdrawal.
- By email to the following address: firstname.lastname@example.org
In the interests of confidentiality and the protection of your personal data, we should be able to verify your identity in order to respond to your request. For this, you must enclose, in support of any request to exercise the rights mentioned above, a photocopy of an identity document mentioning your date and place of birth and bearing your signature, in accordance with the provisions of the law n ° 78-17 of January 6, 1978 known as “Data-processing Law and Freedoms”, article 92 of the decree of October 20, 2005 taken for the application of this law for the springs of France, and the regulation European 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Finally, you will have the right to lodge a complaint with the CNIL if you feel that your rights are not being respected. The contact details of the CNIL are as follows:
National Commission for Data Protection
3 Place de Fontenoy
75334 Paris Cedex 07
Phone. : +33 1 53 73 22 22
Article 11. Price
The price of the annual service is indicated in euros and excluding taxes. HYB Technologie reserves the right to modify its prices at any time for the future subject to prior information of 30 days
Article 12. AVAILABILITY OF THE APPLICATION AND THE WEBSITE
HYB Technologie undertakes to make its best efforts to secure access, consultation and use of the application or website services. The application and the website are accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of HYB Technologie and subject to any breakdowns and maintenance interventions necessary for proper operation of the application and website. Maintenance interventions can be carried out without users having been warned beforehand.
Article 13. LIMITATION OF WARRANTY
Access and use of the application and the website are at the user's own risk.
The application, website and software are provided "as is" and "as available" without warranty of any kind.
It is up to all users to take all appropriate measures to protect their own data and / or software stored on their computer and telephone equipment against any attack.
The user declares to know and accept the characteristics and limits of the Internet network and, in particular the functional characteristics and technical performance of the Internet network; problems related to connection and / or access to the Internet and / or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to the information posted online, response times to display, consult, query or otherwise transfer data; the risk of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by possible viruses circulating on said networks, etc. for which HYB Technologie cannot be held liable.
HYB Technologie cannot be held responsible for:
- in the event of a fault, loss, delay or error in the transmission of data which are beyond its control;
- sending messages and / or data to a false, incorrect or incomplete address;
- if data does not reach it, for whatever reason, or if the data it receives were illegible or impossible to process;
- in the event that the user cannot access or use the website, the application and / or the services for any reason whatsoever;
- if, for whatever reason, the connection should be interrupted.
In addition, HYB Technologie declines all responsibility in the event of improper use of the terminal and / or of an incident linked to the use of the terminal when using the application or website. HYB Technologie can in no way be held responsible for any damage of any kind whatsoever caused to users, their terminals, their computer and telephone equipment and to the data stored therein or for the consequences which may result therefrom for their personal, professional or commercial activity.
Article 14. EVOLUTION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE
The applicable TCUS are those in force on the date of the connection and use of the application or website by the User.
HYB Technologie reserves the right to modify, at any time, all or part of the provisions of the TCUS without notice or prior information to users in order to adapt them to changes in services, to technical, legal or jurisprudential changes or during implementation. places new benefits.
Any modifications made by HYB Technologie to the TCUS will be brought to the attention of users by simply posting them online. They are deemed to be accepted without reservation by any user who accesses the application or the website after said online publication. HYB Technologie therefore invites all users to regularly consult the TCUS.
Any new service incorporating new techniques or new features improving the quality of existing services will also be subject to these TCUS, unless expressly provided otherwise.
Article 15. TERMINATION
HYB Technologie may terminate the use of the application or the website at any time by giving you notice of termination.
At the time of any termination, the rights and licenses granted to you will be terminated and you must cease all use of the application and the website
Article 16. APPLICABLE LAW
These Terms are subject to French law.
Any dispute or dispute relating to the execution or interpretation of these rules which could not be settled amicably between the parties will be submitted to the competent courts within the jurisdiction of the Rennes Court of Appeal.