EAT TO EAT’S STANDARD TERMS AND CONDITIONS

a) REGISTRATION

- By registering, the user explicitly accepts all the standard terms and conditions, the transaction methods, the payment for the application, the site’s policy concerning confidentiality, security and the management of cookies.

- The online “EAT TO EAT” notification service (hereinafter called “the Site”) is managed by the Swiss company Eat to Eat Sàrl whose registered office is in Geneva (Switzerland) and entered in the Geneva Commercial Register under the IDE number: CHE-307.002.929

- Registration on the site and the use of the site are only permitted for users who have no professional catering operation, in other words casual cooks who are not seeking to trade in the sale of prepared dishes.

- Minors are also forbidden to prepare dishes.

- The site rejects any liability regarding the quality and freshness of the prepared dishes sold by users, the latter remaining solely liable for their products and the related use-by dates in accordance with the EAT TO EAT charter

- The site and the application provide access for the user to:

  • participate in the sale of homemade dishes
  • be in direct contact with the world of buyers of homemade dishes
  • sell all their catering products to all interested buyers
  • receive the secure payments guaranteed each week as appropriate via their personal user accounts
  • gain access via the site to the varied services offered by EAT TO EAT
  • gain access to the EAT TO EAT shop so as to be able to buy new packaging and cups labelled with the EAT TO EAT logo at any time

- It goes without saying that there is no obligation on the user to buy packaging or cups but it is strongly recommended in order to maintain the ‘family’ character of the EAT TO EAT site.

- As compensation for the use of the proposed payment system on the site, the buyer will be spared the extra cost that would be charged on top of the user’s sale price.

- The total amount of the costs will be indicated to the buyer on the site before he completes his order.

- The costs to him are set at an amount equivalent to 20% of the price determined by the user so the buyer will systematically add this amount to the sales price of his prepared dishes.

- When registering, the user must choose his user name in the form of a pseudonym and enter his email address and password (directly or via a Facebook profile or Google). The other users of the site only have access via pseudonyms to each of the other users.

- The site reserves the right to suspend a user account in the event of failure to comply with EAT TO EAT’s standard terms and conditions, specifically if the homemade dishes are the subject of a complaint by the buyers for any reason whatsoever or if the use of the site indicates that the activity is being carried out in a professional manner by the user.

b) TRANSACTIONS AND PAYMENTS

- Once he has sold his prepared dishes, the chefreceives the sales value in his bank account of which he is the holder and which must have been opened with a banking institution that is based in a member state of the European Union, the United Kingdom or Switzerland

- If a bank card is used online, the document absolutely must bear the name of the bank and the IBAN number.

- No other personal information such as the balance in the account or the transactions made may appear on the document.

- EAT TO EAT gathers the required information regarding the associated transactions for the use of its services including the type of service order (the details of the order, the amount invoiced and the payment method) and provides it (the data relating to the delivery, the time and date of the service provided)

c) TERMS AND CONDITIONS OF USE

Upon registration, the user undertakes:

- to submit correct information regarding himself/herself, that is his/her user name and email address;

- to register only once with the site, to open no more than one user account except in the case where a third party has been informed of this and/or has access to the account and only after informing EAT TO EAT and having blocked the old account;

- The site and/or services associated with it have not been used with the intention of making illegal or fraudulent transactions

- When using the site, to pass on objective information which is accurate, restricted and relevant to the sale of the proposed prepared dishes

- to ensure that the predetermined prices for the sale of the homemade dishes and all other information concerning them are correct.

- Please do not copy the information that appears on the site and EAT To EAT’s online information or that of any other user of the site and do not make any illegal use of this information.

- When using the site, submit information and data, more specifically in electronic form, which:

  • Is not fraudulent or incorrect
  • Does not encourage others to buy goods whose sale is forbidden or restricted
  • Do not use any photos without acquiring intellectual property rights in them or images or those with a link to another website
  • Do not use any photos showing any people other than the user except if these people have given their consent for the photos to be published or photos that might be considered erotic or pornographic or that might do harm to the company’s good reputation.

- To keep your user name and password secret from third parties, except from the people that the user himself/herself expects to use the data;

- Update information on the site without delay when it is no longer correct in view of the changes to the data and also the information relating to the items in the online shop.

- For security purposes EAT TO EAT may ask the user for confirmation regarding the opened account. This confirmation may include the following steps: linking the EAT TO EAT account to the user account opened in Facebook, Google or any other third party service provider, confirming the telephone number; requesting evidence from the holder of the bank card or any other steps that EAT TO EAT decides to take as it sees fit.

- EAT TO EAT may also use the user’s personal data to take decisions by automatic means regarding the use of the following services

  • Running dynamic pricing that determines the price of the order
  • Putting the users in touch with the buyers of the prepared dishes on the basis of the criteria of availability, location or other factors,
  • Deactivating a user account that has been exposed to fraudulent or dangerous activities relating to EAT TO EAT’s criteria to the disadvantage of other users or any other third parties involved.

- Within the limits of the applicable legislation, EAT TO EAT is not liable for the conduct of a user if that user uses the site and the services. In particular, EAT TO EAT is not liable for the poor execution or lack of execution of the transactions by users.

d) USE OF THE USER’S PERSONAL DATA

- EAT TO EAT permits users to view, use and check their personal data and to submit questions and comments on this matter.

- Access to data

  • Users may consult their personal data and ask for information about the way in which they are used at any time

- Obtaining data

  • Users may ask for a copy of their personal data.

- Amending and/or updating the data

  • Users may change the name, telephone number, email address, user name, payment method and account number, photos and/or videos linked to their account using the menu in the EAT TO EAT APP.
  • Users may also ask EAT TO EAT to immediately amend their personal data or to update them if they believe that they are incorrect or incomplete.

- Deleting the data

  • Users may at any time ask to have their account deleted in the menu in the EAT TO EAT APP provided for this purpose.

- EAT TO EAT allows users to communicate with each other:

  • In order to provide this service, EAT TO EAT obtains some data from telephone conversations, SMS or any other form of communication.

- EAT TO EAT manages the data originating from other sources such as:

  • Users’ comments, remarks, opinions or compliments
  • Loyalty schemes that enable the user to pass on the data of loyal customers
  • EAT TO EAT account holders who order a service for other people
  • Users or third parties that supply data in the context of complaints or disputes
  • Commercial partners of EAT TO EAT who designate users to create or consult an account such as payment providers or the applications and websites whose EAT To EAT applications are used or whose applications EAT TO EAT uses

- EAT TO EAT may associate the personal data of users with other data in its possession and may use them without the users’ consent in the following different cases:

  • to provide assistance to the buyer, to ensure the security and safety of the EAT TO EAT services and to improve their quality
  • to conduct tests, surveys and analyses with the intention of improving EAT TO EAT’s products and services
  • to advertise EAT TO EAT services to users, specifically to inform them of new services, functions, promotions, competitions, studies, surveys, news, the updating of data and events
  • for the consultation of public forums such as the EAT TO EAT blogs and the social media pages of the general public
  • for information for the branches and businesses affiliated with EAT TO EAT, its service providers and suppliers

- EAT TO EAT does not sell or share users’ personal data for direct marketing and/or publicity purposes except with the consent of the users concerned

e) EVALUATIONS OF BUYERS

- After each order, the buyer of one or more homemade dishes may evaluate them on a scale from one to five.

- This evaluation is associated with the user’s account and is visible to all other EAT TO EAT users.

- This evaluation system contributes to ensuring that everyone is responsible for their own behaviour. This responsibility forms part of the maintenance of a respectful and secure environment.

f) THE INTERNET

- Users are expressly reminded that the internet is not a secure network.

- The user fully acknowledges that he/she must be aware of the imperfect integrity of the internet network.

- Even if EAT TO EAT does all it can to create a secure platform, it may occur that the integrity of the system is compromised regardless of EAT TO EAT’s intention.

- EAT TO EAT is in no event liable for unforeseen circumstances

- It is up to users to take all necessary measures to secure their own data and/or software, in particular to safeguard themselves from any viruses circulating on the internet.

g) CONFIDENTIALITY POLICY

- Without prejudice to the terms of d) above, EAT TO EAT guarantees that no personal data of the users will be shared with third parties except with acknowledged authority.

- The confidentiality policy applies to all users of the application and of the EAT TO EAT site, its operation and its services. EAT TO EAT’s practices relating to the confidentiality of the data are subject to the applicable legislation of each of the countries and zones where the services are offered.

- The terms set down in Point d) above are only applied if they are permitted by the laws of the country or the region.

- EAT TO EAT gathers the data from users’ mobile devices if they have given their consent to this.

- Most mobile devices’ platforms (IOS, ANDROID etc.) have specified that some of the data in the devices may not be stored without the user’s consent. These platforms have various methods of granting permission:

  • IOS devices send a notification to the user the first time that the EAT TO EAT APP requires authorisation for access to the specified data, which allows the user to accept or refuse the request.
  • ANDROID devices notify the user to allow him/her to permit the requested authorisation for the EAT TO EAT APP if the user is using the APP for the first time. The use of the APP is then agreed so as to confirm authorisation.

h) OBJECTIONS, RESTRICTIONS, COMPLAINTS

- Users may ask EAT TO EAT to no longer use all or part of their personal data or to restrict their use. However, because of the restrictions stipulated in the legislation, EAT TO EAT may process the data after an enquiry relating to an objection or restriction.

- Users may also submit a complaint related to the use of their personal data. They may address their complaint to the authorities of their country via the body responsible for the protection of personal data.

- After the complaint has been resolved and the personal data has if necessary been updated, continuing to use the EAT TO EAT services is deemed to indicate acceptance of the findings regarding the complaint within the limits of what is legally permitted.

- EAT TO EAT is authorised to share users’ personal data in all cases where this is necessary to observe the law or where the regulations apply, including for licences or operating agreements, legal and/or administrative enquiries or for all security reasons.

- As long as the account continues to be used by the user, EAT TO EAT will retain the profile, the details of the transactions entered into by the user and all other data associated with him.

- If a user wishes to delete his account, then EAT TO EAT will delete the data where their retention is not mandatory on the basis of legal or fiscal requirements, insurance, dealing with complaints and for all other legal reasons.

- EAT TO EAT retains the protected data, doing so for a period of 7 years

i) AMENDMENTS TO THE STANDARD TERMS AND CONDITIONS

- At its own discretion EAT TO EAT may amend its standard terms and conditions, taking into account the applicable legislation.

- Users will then be informed of one or more amendments by a notice on the site 15 days before the amendment comes into effect.

- In the event of more substantial amendments (e.g. terms that impose greater duties upon users or changes to the main functions of the platform) users will be informed by a message sent to their email address given at the time of their registration on the site 4 weeks before the amendment comes into effect. If the user objects to the amendment, he/she may terminate the agreement with EAT TO EAT and close his/her account.