NXTASTE Terms of Use

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Welcome to NXTASTE! NXTASTE is the mobile application that gives access to a real-time geolocated take-out catering offer.

The Website located at www.nxtaste.com and the NXTASTE application allow you as a user to access the NXTASTE Platform under the following conditions.

GENERAL CONDITIONS OF USE OF THE NXTASTE PLATFORM

The www.nxtaste.com website (hereafter the "Site") and the "NXTASTE" application (hereafter "the Application") are accesses to the "NXTASTE" digital platform (hereafter the "Platform ") developed by the company NXTASTE, which allows consumer users (hereinafter the "Users") to order dishes, products, meals, or take-out menus online from independent service providers (hereinafter the "Partners") ) specialized in the field of food trade (restaurants, pastry chefs, grocers, etc.) referenced on the Platform (hereinafter the “Service”).

These general conditions of use of the NXTASTE Platform (hereinafter the “GTU”) are intended to govern access to and use of the Platform.

Each user of the Service is invited to read the T&Cs carefully before using the Service.

Article 1 – About

The contact details of Y2G, a simplified joint-stock company, with a capital of €10,000, whose head office is located at 16 Lotissement B- Les jardins de Houelbourg ZI Jarry 97122 BAIE-MAHAULT, registered with the RCS of Pointe à Pitre under number 894 300 052, are as follows:

– Phone: +590690317072

– Email address: support@nxtaste.com

For the purposes hereof, the company will be referred to below as "NXTASTE".

Article 2 – Purpose

Any use of the Platform by Users and/or Partners implies their irrevocable and definitive acceptance of all of these T&Cs.

Article 3 – USER registration method and connection to the Platform

3.1. Prerequisites

Any use of the Service by a User, offered on the Platform, is formally subject to the following prerequisites:

– be over 15 years old and 18 years old for the purchase of alcohol;

– not be under any incapacity or act in collaboration with its legal representatives;

– have internet access and all the equipment necessary for the connection (computer, smartphone, etc.);

– submit to NXTASTE certain personal information such as name, address, mobile phone number, and indicate at least one valid method of payment;

– ensure that the information remains accurate, complete and up-to-date. In the absence of accurate, complete and up-to-date information, including the indication of an invalid or expired payment method, access to the Service may be interrupted or terminated.

3.2. Registration to the Platform

connect to the Platform via the Site or by downloading the Application;

complete the corresponding online form, provide the identification information requested, create and save their username and password or connect via the "Facebook" identification;

accept at least these T&Cs and the privacy policy of NXTASTE;

3.3. Account Security

At the end of the registration procedure, the User chooses a strictly personal, confidential and non-transferable username and password.

The User is solely responsible for maintaining the confidentiality of his username and password. In the event of loss, theft or disclosure of his password, the User undertakes to inform NXTASTE without delay.

Finally, the User agrees to provide an email address as a means of communication between NXTASTE and the User. Any message received by the User at this address will be considered as received and read by the User.

4 – Description of the Service

4.1.Commands

The descriptions and photographs of the dishes, meals, menus and/or products (hereinafter “Articles”) offered by the Partners are posted on the NXTASTE Platform following the elements sent by the Partner.

The Articles distributed online have been designated as "available" by the Partner and are therefore presumed to be available for the User.

Users acknowledge that the Items may contain allergenic elements and NXTASTE cannot guarantee the description filled in and validated by the Partner. When a User suffers from an allergy, he agrees to call the Partner to check the components before placing any order.

The User places an order by choosing the Items and the time of receipt on the Partner's reference page accessible on the NXTASTE Platform.

By placing an order with the Service, the User acts on his own behalf. The contract ordered through NXTASTE is concluded between the consumer Users and the Partners

and is only concluded upon payment by the User.

Once he has set up the Application to receive notifications, the User will receive an "Order in progress" notification at the same time as payment.

4.2. Cancellation of the order.

In accordance with article L.221-28 4° of the Consumer Code, the User has no right of withdrawal from payment, with regard to food and perishable products.

4.3. Payment

The prices are indicated under each Article and vary according to the Partners who alone decide the prices of the Articles they offer for sale.

Prices are inclusive of VAT and include VAT.

All commands can be set:

By bank card through the Platform, via STRIPE, subcontractor of NXTASTE. The following means of payment are accepted: credit cards, bank cards (visa, mastercard, etc.) and approved partners (Apple pay).

By dematerialized Ticket Restaurant card, via EDENRED, a subcontractor of NXTASTE, under the conditions of use defined by EDENRED (daily ceiling of €19, use on Sundays and public holidays for the workers concerned, etc.).

By paper or cash restaurant voucher, directly with the Partners, who accept this method of payment, when the order is withdrawn. In the event of non-collection and/or non-payment from the partner at the end of the 24 hours following the collection time defined when placing the order, the User is informed that he will be debited with the amount of the order, in this framework at the time of ordering an imprint of the credit card will be made.

Note that the return of change and/or the creation of restaurant vouchers is the sole responsibility of the partner, NXTASTE cannot commit to this point and cannot be held responsible in the event of a dispute.

By agreeing to contract on the basis of these conditions, Users explicitly acknowledge their obligation to pay.

Payment is made directly to NXTASTE, which then forwards it to the Partner. NXTASTE is authorized by the Partners to accept the payment on their behalf and the payment of the price to NXTASTE releases the User from his obligation to pay this price to the Partner.

Once the payment has been accepted, the contract is deemed to have been concluded and a payment receipt is sent to the User at his email address provided.

Prices are subject to revision at any time. The prices in force are those present online on the day of the Order and included in the payment confirmation receipt.

It is the Partner's responsibility to verify its prices as part of the Order process.

4.4. Reception

Once the payment has been validated, the User can follow the various stages of preparation of his order on his account by clicking on the “Order” tab.

The User will be able to see that his order has been taken into account and is being prepared when the status "Order in progress" appears.

When the Order is complete, the User is informed on the Platform by the change of order status, which becomes "Order ready". If applicable, the User will also receive an "Order ready" notification. He can then go to the Partner at the time and at the address indicated on the Platform to obtain his Order.

NXTASTE users will be able to borrow the skip-the-queue dedicated to the NXTASTE Service from each Partner. The User gives his order number to the Partner to withdraw his order.

The User receives his Order and verifies that it corresponds in all respects to the Order placed. In the event of an error, he immediately informs the Partner who will do everything possible to correct it. No subsequent complaint will be accepted.

The User must receive his order within the hour following the change of status to “Order ready” and/or receipt of the “Order ready” notification. The User is informed that after this period, the Partner may cancel the order entirely at the User's expense. If necessary, in the event of a proven delay, the User may inform the Partner by contacting him beforehand, before the one-hour deadline in order to find an amicable solution.

Article 5 – Duration and modifications of the T&Cs

These T&Cs are applicable for the entire duration of the Platform's online availability.

Given the innovative nature of the technology and the Service, NXTASTE may modify these T&Cs and its Privacy Policy.

Any significant modification will be reported to Users and/or the Partner by email or by an information banner displayed on the Platform, in particular to give Users and/or the Partner the opportunity to examine the modifications before they take effect. effect. Changes cannot be retroactive. If the User and/or the

Partner wishes to oppose any of these modifications, he may close his account. If the User and/or the Partner uses the Platform after the publication or sending of a notice concerning the modifications made to these conditions, this means that the updated conditions are accepted.

Article 6 – Availability of Platform

Maintenance means maintaining the Platform in operational conditions, in accordance with the specifications indicated in these T&Cs. With regard to maintenance, NXTASTE provides preventive, corrective, adaptive and evolutionary maintenance services for the Platform according to the terms and conditions defined in this article.

The Platform will be freely accessible at the following time slots: 24 hours a day, 7 days a week. It is expressly admitted that, for technical maintenance reasons necessary for the proper functioning of the Platform, access to it may be temporarily interrupted in order to carry out a technical maintenance or improvement intervention, without the User being able to claim, in any form whatsoever, any compensation. NXTASTE will then inform the User by an information banner posted on the Platform within a reasonable time, of the nature and duration of the intervention so that the User can make his arrangements. It is expressly specified on this point that NXTASTE will preferably carry out these operations outside office hours.

NXTASTE cannot be held responsible for an interruption of service linked to the Internet network. As such, the User acknowledges being warned and aware of the technical hazards inherent to the Internet and the access interruptions that may result and for which NXTASTE cannot be held responsible.

NXTASTE cannot under any circumstances be held responsible for any possible impact whatsoever resulting from this unavailability on the User's activities.

NXTASTE remains the sole decision-maker and responsible for its choices in terms of the functional evolution of the Platform and the Services provided.

NXTASTE also provides Users with an electronic mailbox support@nxtaste.com to allow the exchange of information between Users and NXTASTE.

Article 7 – Warranties

NXTASTE declares to be the owner of the property rights on the Platform and guarantees to Users and Partners the peaceful enjoyment of the rights granted on the Platform by this Agreement.

NXTASTE guarantees to Users and Partners and undertakes to justify at their first request:

that he owns or has sufficient rights to the elements necessary for the performance of his obligations hereunder;

that if elements of the Platform are a derivative work, he has respected the intellectual property rights of the author of the initial work, in accordance with the Intellectual Property Code;

that the result of his services does not constitute an infringement of a pre-existing work.

Article 8 – Liability

As part of the execution of the Service, NXTASTE is bound only by a general obligation of means.

NXTASTE is not responsible in the event of usurpation of the identity of a User. The user agrees to keep his username and password confidential. He takes responsibility for all actions performed using his username and password. If a User thinks that a person is using his Account or his identity, he must inform NXTASTE as soon as possible by email at support@nxtaste.com

Users acknowledge that NXTASTE has the possibility of interrupting the availability of the Platform from time to time, in particular for upkeep, maintenance or updating of computer systems. In the event of connection during these periods, NXTASTE will inform Users of the estimated duration of said interruptions, except in cases of emergency or interruption beyond its control.

NXTASTE declines in particular any responsibility in the event of interruption, alteration of the operation or destruction of the Platform due to a case of force majeure or fortuitous event as defined in article 12 hereof, technical incidents or external damage to structures.

NXTASTE cannot be held responsible, unless it finds a fault on its part, for the unauthorized and abusive knowledge by third parties of data (in particular in the event of unauthorized access by "computer hackers" to the database of the Platform) or the fact that third parties take advantage of indications and information made available to them by Users, for example due to the disclosure of the password.

In addition, NXTASTE can only be held liable for direct and indirect damages suffered by Users caused by the fault or negligence of a User.

Article 9 – Electronic data

Confidentiality and Confidentiality

The processing of personal data is carried out in compliance with European regulation n°2016/679 known as “RGPD”.

Users agree that personal data will be collected and processed by NXTASTE for the use of the Platform and under the conditions defined in the “NXTASTE Privacy Policy” available online.

In accordance with the legal provisions, any User proving his identity, may request that the personal data concerning him be rectified, completed, updated or deleted. The exercise of these rights is done in compliance with a legitimate reason and by writing to the webmaster's address, namely: support@nxtaste.com

Article 10 – Intellectual property

10.1. Website and Application

The elements making up the NXTASTE Website and Application, as a whole and their layout (data, images, sounds, texts, graphics) are the exclusive property of NXTASTE.

The consultation of the Site and the Application, and the use of the Platform do not provide any license or transfer of rights. Consequently, any copy, reproduction, adaptation, distribution, in whole or in part, of the Site and/or the NXTASTE Application and their content is prohibited without the express prior consent of NXTASTE.

10.2. Distinctive signs, Logos and Trademarks

NXTASTE  retains ownership of the distinctive signs, logos and brands present on the Platform.

Any reproduction, representation or distribution of all or part of the Site and/or the Application, by any means whatsoever and on any medium whatsoever, without the prior, express and written authorization of NXTASTE, is strictly prohibited and may be subject to legal proceedings.

Article 11: Termination and Suspension

In the event of non-compliance by the User with the essential obligations concerning the use of the Platform, as referred to in Articles 3, 4 and 10, NXTASTE reserves the right:

to send the User a notification indicating a behavior or misuse that must cease,

to remove all User access to the Service and the Platform without prior notice,

to have recourse to any legal action or before the competent authorities if necessary.

Article 12 – FORCE MAJEURE

Unless otherwise stipulated in these T&Cs or mandatory laws and without prejudice to the other causes of exclusion or limitation of liability provided for herein, NXTASTE cannot under any circumstances be held liable for any damage caused by a case of force majeure.

Are deemed to constitute a case of force majeure or an event beyond its control, including, but not limited to: power failure, fire or flood, strike by its staff or one of its sub- contractor or suppliers, war, disturbances, riots or occupation of territory by foreign forces, negligence of a third party within the meaning of case law and doctrine such as persons responsible for the delivery of electricity or telecommunications services.

Article 13 – DISPUTES AND APPLICABLE LAW

These T&Cs are subject to French law.

French courts have jurisdiction over all claims arising from or related to use of the Service and the Platform.

In accordance with the provisions of the Consumer Code, the User has the option of using an alternative dispute resolution method or a conventional mediation procedure. The search for such an amicable solution interrupts the deadlines for acting. Otherwise, the competent jurisdiction will be determined by the rules of common law.

NXTASTE adheres to the service of the e-commerce mediator of the FEVAD (federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie - 75008 Paris - https://www.mediateurfevad. Fr. After prior and written steps of Consumer Users with NXTASTE. To find out how to refer to the Mediator, click here.