General terms and conditions

Gloupii

Gloupii, société par actions simplifiée with a capital of 19 800 euros, headquartered at 845, route de Gray 21 850 Saint-Apollinaire (France), registered at the Dijon Register of Businesses and Companies (RCS) under number 804 661 536 (« Gloupii »), whose activities include the utilisation of the web and mobile application Gloupii (the Application »). The Application enables its users (the User(s) ») to geo locate the registered restaurants (the Restaurant(s) ») and consult, if need be, menus and dishes provided by these restaurants.

These General Terms and Conditions are applicable, without restriction or reservation and to the exclusion of all other conditions, to the overall registration of restaurants to the Application.

Gloupii reserves the right, at any time, to amend or update these Conditions, by publishing on the website and/or by sending an email notification, any change, addition or updating, insofar as possible, at least seven (7) clear days before the change shall come into force.

ARTICLE 1 – REGISTRATION

The creation of a user account on the Application is a mandatory prerequisite to the use of Services (as that term is defined in article 2). It involves filling a registration form, available on the website, by providing true, accurate, up to date and complete information.

It is limited only to legal entity operating professionally one or several Restaurants (the Restaurateur(s) »). The registration will be considered definitive only after validation by Gloupii, which will be entitled, in order to avoid any usurpation, to request a certificate of incorporation (certified true KBIS extract) to the legal representative of the Restaurant.

This information must, thereafter, be subjected to regular updates by the Restaurant in order to ensure its accuracy.

The Restaurant owner will need to choose a username formed with a valid e-mail and a password. He will necessarily need to provide the following information :

  • Corporate name, business name ,head office, phone number, e-mail address, last name, first name and contact details of the legal representative of the Restaurant;
  • Type of restaurant: fast food, traditional restaurant, food truck;
  • Working hours of the restaurant and exceptional closure;
  • Localization of the restaurant (address and map position);
  • General description of the restaurant: description text, true picture of the Restaurant, links to the website and social networks of the Restaurant, methods of payment accepted by the Restaurant and further additional information (for instance, vegetarian dishes or kids’ menus).

The access codes of the account are strictly confidential. In case of unauthorized use of the account or any violation to the confidentiality and security of its means of identification, the restaurant owner must inform Gloupii without delay.

Each Restaurant owner is committed to create only one account corresponding to its profile for each of its Restaurants.

ARTICLE 2 – SERVICES

The account creation allows Restaurant owners to access to various services (the Service(s) »), noting that in addition to services offered freely in the FREEMIUM offer (the Free Service(s) »))”), the Restaurant owner can, thereafter, subscribe to a PREMIUM offer (not activated for the moment), if he wishes to do so.

a. FREEMIUM Offer Free Services

Once the user account has been created and validated by Gloupii, Restaurant owners will, freely and for an unlimited period, benefit from :

  • An admin section dedicated to management of information uploaded on the Application and restaurants will be indicated on Gloupii’s geographical map;
  • Restaurants’ positioning on Gloupii’s geographical map correspond to the display of a representative icon which indicates
  • A complete management of a personalized page for its Restaurant; accessible through a specific Gloupii URL link;
  • A menus timetable so as to plan in advance or from day to day the publication of daily’s menus. The latter are directly visible on Gloupii’s geographical map and on the Restaurant’s personalized page;
  • Possibility to plan the automatic publication of daily’s menu on the Restaurant Facebook page;
  • An access to statistics relating to the activity on the Restaurant’s personalized page and to the publication of menus (number of unique visits per day on your own page, number of favourites, number of »MIAM »);
  • Possibility to provide a MIAM offer;
  • A point-of-sale display package (the POS display Pack »). The POS display Pack includes a shop front sticker as well as a tent card.

b. Premium services (not effective yet)

To discover soon – optional services without any obligation of subscription. Restaurants enjoying the FREEMIUM offer will benefit from it for life at no cost.

c. Parrainage

Supposing that a Restaurant owner has never been registered on the Application and his sponsored by a User, the sponsored Restaurant owner will benefit from the perspective of a free access to the PREMIUM offer for a month.
The “Sponsorship” discount may be used one single time only per Restaurant owners’ account.
Any registration without entering a valid sponsorship code shall not give rise to any later claims with reference to sponsorship.

d. MIAM Card

Additionally, registered Restaurant owners can participate to the MIAM offer. This offer enables Restaurant owners to indicate to MIAM CARD holders that they are providing a bonus for eating in their restaurants. This bonus content and its conditions of awarding are freely determined by Restaurant owner. The Restaurant owner is solely responsible for the proposed offer and commits itself to rigorously respecting proposed offers to MIAM card holders. Participation in this offer is free to the Restaurant owners’ choice and they can, at any moment, wish to participate or stop from his admin section.

ARTICLE 3 – INFORMATION PUBLISHED AND ACCESS TO THE APPLICATION

a. Data ownership

Restaurant owners retain ownership of all data communicated as part of the usage of the Application. Restaurant owners expressly authorise Gloupii to host these data on the server freely chosen by the latter and to use them, particularly, for the operating requirements of the Application but also to exploit them for statistical purposes.
Gloupii can under no circumstances be held liable for breaches of the obligations committed by the data host. It will remain the host’s responsibility.
If the data transmitted by the Restaurant owner comprise personal data, the Restaurateur owner assures Gloupii that he has complied with all obligations incumbent upon him especially under the Act No 78/17 of 6 January 1978. In this respect, the Restaurant owner shall hold Gloupii harmless against any recourse, complaint or claim related to the hosting of these data.

b. Information published

The Restaurant owner agrees to supply accurate information especially regarding its restaurant’s description, its opening hours or suggested menus. This information shall not be likely to undermine public order or offend moral principles, to cause third parties protests, or even to contravene the legal provisions in effect.
The Restaurant owner undertake not to provide, publish or post in any way whatsoever, links to third sites that would undermine public order or offend moral principles, to cause third parties protests, or even to contravene the legal provisions in effect.
Assuming that the Restaurant owner wishes to publish pictures of its Restaurant and supposing that his user account allows it, he undertakes to hold full legal ownership of these pictures. These pictures must be of sufficient quality and unlikely to undermine public order or to offend moral principles, to cause third parties protests, or even to contravene the legal provisions in effect.
However, Gloupii reserves to itself the right to refuse or delete with discretionary all information which may be inappropriate or contrary to the spirit of the Application.

c. Access to the Application

Gloupii strives to ensure the Application’s availability, on a 24 hour/ 7 day basis.

Nevertheless, Gloupii will not be liable in the event of unavailability of the Application, at any time or for any period. Restaurant owners are aware of technical incidents and interruptions of access that may occur. As a consequence, Gloupii cannot be held liable for any unavailability or slowdown of the Application.

Restaurant owners need to ensure that its internet connection is reliable and includes an effective antivirus.
Files made available to Restaurant owners through the website www.gloupii.com and subjected to downloading, remain the sole responsibility of Restaurant owners, Gloupii may not be held liable in this respect.

ARTICLE 4 – LIABILITY

Gloupii's role is limited to the secondment of a communication tool to Restaurant owners. Consequently, Restaurant owners and Users shall mutually agree on legal, financial and material conditions of their relations for which they will bear sole responsibility.

Gloupii may not be held responsible, particularly, in case of :

  • Consequences of real or virtual meeting between Users and Restaurant owners due to the use of the Application;
  • Legal, financial and material conditions of Users and Restaurant owners’ relations as a result of using the Application;
  • Non-respect by Restaurant owners of its obligations despite the commitments taken and/or published on the Application; and
  • For any damages resulting from a fault of the User.

Gloupii shall not in any circumstances be held liable for any indirect or unforeseeable losses or damages of Restaurants or third parties, which include particularly any loss profits, loss of business, loss of revenue or profits, loss of customers or loss of opportunity related on any grounds and in any way whatsoever to these Terms and Conditions.

Restaurant owners will have to ensure the data sending to the Application and cannot reproach Gloupii in any way and on any grounds whatsoever for the non-receipt or loss of transmitted data. Restaurant owners will then make sure to store a back-up of the transmitted data.

In the unlikely case that Restaurant owner would be unable to honor its obligations, Restaurant owner undertake to take all the necessary measures so that Gloupii's image is not degraded, failing that Gloupii reserves the right to request for legal action against Restaurant owner in order to preserve its commercial image.

Restaurant owner shall assume and commits to guarantee Gloupii especially on the financial consequences ensuing from all complaints, claims, protests or actions of any kind directed against Gloupii for the damage caused to anyone attributed to Restaurant owner in whole or in part.

It is expressly agreed that, in the event of, Gloupii would be held liable, on any grounds, in any country whatsoever, by third parties particularly in the basis of industrial and/or intellectual property rights regarding an element provided by Restaurant owner, including in particular a picture, video or a text, Restaurant owner is committed to ensuring Gloupii of any direct and/or indirect financial and economic consequences (including proceedings and defence costs) arising from these claims.

Restaurant owner is committed to use the Application in compliance with its purpose and the legal and regulatory provisions that apply to it and must ensure that its use will not infringe the rights of any third parties who will be solely responsible in case of violation.

ARTICLE 5 – SUSPENSION AND ACCOUNTS DEACTIVATION

In the event of inappropriate use, Gloupii reserves the right to suspend the incriminated account. If after a warning, the facts reiterate, Gloupii shall have the right to deactivate the account.

Restaurant owner have the possibility to deactivate their account at any moment through a simple request by an e-mail addressed to Gloupii.
Request will be processed within a maximum of seven (7) days from receipt of this latter by Gloupii.
Once this agreement has been terminated, Restaurant owner will no longer appear on the Application in any way whatsoever. Its user account will be closed.

ARTICLE 6 – APPLICABLE LAW

These Terms and Conditions and operations resulting there from are governed and subject to French Law.

ARTICLE 7 – DISPUTES

Assuming that a disagreement concerning the validity, execution or interpretation of this contract will be continued before the civil courts, it will be subjected to the exclusive competence of the Commercial Court of Dijon which is the only competent court in matter of jurisdiction.

These General Terms and Conditions were accepted in their entirety by the Restaurant owner.

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