Terms and conditions

These Terms of use (hereinafter “Terms of use”) govern the relationship between GLOUPII SAS (“Gloupii”) and you who represent a user (hereinafter “The user”).

1/ OBJECT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

The access to the services of the website www.gloupii.com, website of Gloupii SAS, shall be subject to acceptance by the user of these general conditions of use. They therefore form a contract between the company Gloupii and The user.

The user declares to have acknowledged and accepted the present T&Cs before validation of his registration. By registering on our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these T&Cs, you must not use this website.

Gloupii reserves the right to amend or modify these T&Cs at any time. In any case, the terms and conditions applicable are those enforced on the site. The user is therefore required to inform itself regularly about the current conditions of use, available at any time on the website.

These T&Cs shall take precedence over any other terms or conditions not expressively formerly agreed by Gloupii. Thus, every contradictory term will be, unless expressly accepted by Gloupii, unenforceable no matter when they are brought to its knowledge.

2/ ACCESS TO THE WEBSITE

Gloupii makes every reasonable effort to ensure that the website www.gloupii.com remain available on a 24 hours/ 7 day basis.

Nevertheless, Gloupii SAS will not be liable if for any reason the website is unavailable at any time or for any period.

Access to the website may be temporarily interrupted, without notice, in case of system failure, maintenance, and repair or for any other reason beyond the reasonable control of Gloupii.

Each user must have its own internet connection to access the website interface www.gloupii.com.

The user needs to ensure that its internet connection is reliable and include an effective anti-virus.

The files made available to the user via the website www.gloupii.comand downloaded, remain the sole responsibility of the user, Gloupii may not be held liable in this respect.

3/ SERVICES PROVIDED TO USERS

3.1/ Purpose of the website

Gloupii is a web and mobile application enabling to geolocate users and to indicate them the daily menus nearby provided by restaurants.

Gloupii has no control on the quality, price or on the various gourmet aspects of menus provided by restaurants.

Gloupii does not accept any liability with regard to the content and quality of menus provided by restaurants, if these are not those expected by the user. Gloupii may in no case be prosecuted if the information provided by restaurants is inaccurate. Restaurants are liable for the information published and displayed and Gloupii shall not be held liable in case of any problems.

3.2/ Benefits of the registration on the website

By registering freely on Gloupii’s website, the user will access additional features such as :

  • Add restaurants to your favourites
  • Anonymously report if a dish or a menu is well-liked by the user thanks to the “Miam” button, “Miam” are then recorded on restaurant menu
  • Earn points by doing small tasks, related to the use of Gloupii website and evolve in an overall ranking
  • Link a Facebook account to the website and activate the ranking with Facebook friends thanks to the points earned
  • Win the Miam card

4/ TERMS OF ENROLMENT ON THE WEBSITE

Any user can register on the website www.gloupii.com.

By user, we mean :
A person, legal entity or a company willing to use services provided by Gloupii on the website www.gloupii.com and the mobile application, in order to compare the daily offers of nearby restaurants and to be able to chose the one where they are going to eat.

The registration is free and is made through a form available on the website. The registration can also be made through the Facebook Connect function which allows retrieving the information of the user on Facebook to register itself automatically on Gloupii. Only required information (name and avatar of the user) is being used and saved to enable a correct authentication and an account progression over time.

At the time of registration each user need to provide a valid email address, a username and a password. Registration can also be completed with other data such as full name, date of birth and address but that will not be compulsory.

Registration on the website www.gloupii.com includes the obligation to provide true, exact, up-to-date and comprehensive information on its identity and on any information requested on the form.

The user commits to regularly update all these information.

All the information given by users shall be subject to changes by Gloupii. Gloupii reserves the right not to accept registrations which are not corresponding with the editorial quality of the website.

The functioning of the website www.gloupii.com is based on anonymity between all the parties (internet users and restaurant owners).

Gloupii undertakes not to transmit or distribute personal data given by internet users to a third party or a company.

The user is register on the website www.gloupii.com for an indeterminate period as soon as the registration is validated and a username is designated.

An email from Gloupii will be sent at the address specified by the user, in order to confirm its registration.

If the user wants to delete its account, Gloupii commits to delete all the information related to it within 2 months of receipt of the request.

The account deletion leads to the total loss of progression in the application. The user can at any time reregister itself once the deletion is effective, but cannot claim to get its old progression back as well as its benefits.

5/ INDIVIDUAL-RELATED DATA

In accordance with the law No 78/17 of 6 January 1978, the user has the right to access, amend, correct and delete all personal data which shall be reported to Gloupii.

This right shall be exercised to Gloupii through this email address: contact(@)gloupii.com. In compliance with this law, the collection and storage of personal data gathered by Gloupii have been declared to the CNIL (French National Agency regulating Data Protection; 1720520v0 of 18 November 2013).

The user has an online right of access, modification and correction and can at any moment request the online deletion of information concerning its person.

Under no circumstances the information collected will be sold or transferred to any third party by Gloupii.

6/ USER COMMITMENTS AND LIABILITIES

user undertakes to announce and provide exact and true information on the website www.gloupii.com and assumes full responsibility.

The user has sole responsibility for the use it makes of the entire range of services available through the website www.gloupii.com.

The user has to use site services with discernment and bear any arising risks.

The user will be held responsible, with regard to Gloupii and third party, for all forms of damage, direct or indirect, of any nature whatsoever, caused by content or any other element communicated, conveyed or distributed by the user on the website or through the services offered, as well as any breach to this agreement. As a consequence, the user is committed to ensure Gloupii and its directors, against any recourse and conviction on this count.

The user shall not, in part or in whole, assign its rights and obligations hereunder to a third party, without Gloupii’s prior and express authorization.

7/ GLOUPII POINTS AND MIAM CARD CONDITIONS

7.1/ Rules of the game for users

Gloupii enables user to be easily informed by restaurants’ daily offers. In order to make the experience more fun, Gloupii includes a progression system with various levels allowing users to earn points.

Thus, numerous actions/ interactions on the website or on the application will make it possible for you to earn points and to count them up, such as:

  • Give a certain number of MIAM on menus provided by restaurants
  • Visit a certain number of restaurants page
  • Add a number of restaurants to your favourites
  • Sponsor a restaurant
  • Link your account to Facebook
  • Visit regularly the application

These actions are organized in the form of mission that users can complete to earn points.

Points allow you to unlock new levels (number 90) and at each stage (number 9) discover a little character who embodies the user progression regarding the community.

Temporary and special missions might be organised all year long to allow the user to earn additional points and therefore to unlock new characters.

As users progress through the “game”, they will be able to compare themselves to the whole Gloupii community or only to their Facebook friends if their Gloupii account is linked with their Facebook account.

A temporary delay may appear between the real number of points and the one displayed in the ranking.

During this progression and from level 30, the user can claim to obtain the MIAM Card.

There is no obligation to participate in this game and points system. Participating, or not, in this game does not in any way affect the access to all the website’s features, with the exception of the MIAM CARD offer.

7.2/ The MIAM CARD

Offers for the MIAM card-holders:

Restaurant owners shall be exclusively responsible for offers proposed to the MIAM card-holders. However, in accordance with these terms and conditions, the latter must undertake to respect their advertisements, if this is not so, the user has the possibility to report any abuse to Gloupii.

Under no circumstances, Gloupii can be held liable for the non respect of the offer. No reimbursement or compensation may be claimed to Gloupii.

Obtaining / Issuance:

The Miam card is offered to all users once they have reached level 30 (350 points). The latter will be sent by post by Gloupii within 4 to 6 weeks. No claims shall be made concerning the non issuance of the MIAM Card.

The user is solely responsible for its contact details. If an error occurs, the user has the possibility, via the contact form, to request a duplicate.

The card has no monetary value, therefore in case of non-receipt the user cannot claim any form of compensation or reimbursement.

The duplicate:

All users, on condition that they have reached level 30 (350 points), can request a duplicate. Simply contact Gloupii via the online contact form.

After acceptance of the request by Gloupii, the enquirer shall pay the administrative costs (processing, creation and dispatch) by bank cheque.

The enquirer will receive its new card within 4 to 6 weeks after payment has been received.

Limitations:

Each user can make, at the most, two requests for a duplicate in order to prevent any abuse that would be detrimental for the image of Gloupii.

8/ GLOUPII’S LIABILITY

Gloupii undertakes to do everything in its power to ensure the use of services of the website www.gloupii.com and its accessibility by users and restaurants owners.

All parties concerned agree that for its range of services, Gloupii is subject to an obligation of means and in no case to an obligation of result.

In no instance, Gloupii can be held liable for any tangible or intangible prejudice, whether direct or indirect, such as market injury, financial damage or operating loss.

Finally, Gloupii shall not be held responsible in case of force majeure and for any inherent risk due to the use of the Internet network such as data loss, intrusion, virus, service failure or any other such risk.

In case of backup recovery, Gloupii is not liable for the loss of progression of users or loss of scheduling menu/location for restaurant owners, which would correspond to actions made after the backup recording.

9/ VIOLATIONS OF THESE TERMS AND CONDITIONS

Gloupii reserves the right to give a warning, to suspend temporarily or definitively users’ registration, to put an end to it and to cease providing our services, in the following cases:

  • If the user is in violation with any or all of these user agreements
  • If Gloupii is unable to check or authenticate the information provided, and the user does not respond to authentication requests.
  • If users’ actions are of such a character as to engage their liability, the one of Gloupii or of users.

Gloupii also reserves the possibility of any other means of recourse and in particular legal with regard to the user having violated these T & Cs.

10/ DISPUTES RESULTING FROM THE APPLICATION OF THESE TERMS AND CONDITIONS

The choice of an address is made by the company Goupii at its headquarters.

The law applicable to this contract is French law.

Failing amicable agreement between the parties about any dispute concerning the interpretation, and the execution of these T&Cs, shall come under the jurisdiction of the competent courts of Gloupii’s headquarters, regardless of the place of payment, and that, even in case of call in guarantee and of plurality of defendants.

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