General terms & conditions
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Introduction
API TECH, a SAS with share capital of 160,000 euros, registered with the Nancy Trade and Companies Register under number 451 972 483, whose registered office is located at 11B Avenue du Général de Gaulle in SEICHAMPS (54280), operates the mobile application "Smart Pizza", hereinafter referred to as the "Application".
Contact : support@apitech-fr.com
Phone : 03 83 49 54 23
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Purpose and Scope
These General Conditions of Use (hereinafter the "GCU") are intended to define the rules of use of the Application published by API TECH, to govern the relationship between API TECH and the Internet user (hereinafter the "User") and apply without restriction or reservation to any visit, use or downloading of the Application and its information.
By installing, visiting or using the Application, the User acknowledges that he/she has read these GTUs and expressly accepts them, as well as the rights and obligations mentioned therein.
In exceptional cases, the provisions of the GCU may be waived by written agreement. Such derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
API TECH may modify these GCU at any time, without prior notice. The Users will be informed of the modification of the present GTU by the publication of the updated GTU on the Application and by a notification indicating this change within the Application. The modified GCU will take effect from the date of their publication. Continued use of the Application following such publication shall constitute acceptance of the new version of these terms and conditions.
These GCU can be accessed at any time in the "General Terms of Use" section of the Application's main menu, and shall prevail over any other version or contradictory document.
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The Application
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Application services
The Application enables any User to place an order with a nearby pizza vending machine (hereinafter "Smart Pizza vending machine"). To do so, the User must authorize the Application to use his/her GPS coordinates in order to geolocate him/her and propose the nearest Smart Pizza vending machines.
After selecting a Smart Pizza dispenser in their vicinity, Users can place an order, choosing their pick-up time in advance.
Once the choice has been made and the pick-up time selected, the User can pay by credit card directly on the Application and collect loyalty points.
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Conditions of Access and Navigation
The equipment and material resources required to access the Application are the sole responsibility of the User. To access and use the Application, the User must have an Apple® IPhone® cell phone running the iOS operating system under iOS 13, or a cell phone running the Android® OS 5.0 operating system, or any later versions that may be developed.
The Application can be downloaded free of charge from the "Google Play" and "App Store" platforms, provided you have Internet access.
Access to and use of the Application are restricted to persons aged 18 or over. Each User declares on their honour that they are of the required age. API TECH reserves the right to request proof of age by any means.
The User undertakes, when using and browsing the Application, to provide true, accurate and as complete information as possible. The User also undertakes to update this information as soon as possible in the event of any change.
API TECH takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Application. However, they do not undertake to offer a guarantee of absolute operability, and their actions must therefore be considered as covered by an obligation of means.
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Contents
API TECH largely determines the content of the Application and takes great care over the information contained therein. All possible measures are taken to keep the Application as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. API TECH reserves the right to modify, add to or delete the Application and its content at any time, without incurring any liability.
API TECH cannot offer an absolute guarantee concerning the quality of the information presented on the Application. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, API TECH cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information presented on the Application.
If any content on the Application infringes the law or the rights of third parties, or is otherwise unethical, we ask you to inform us as soon as possible by e-mail so that we can take appropriate action.
Any download from the Application is always at the User's own risk. API TECH cannot be held responsible for any damage, direct or indirect, arising from such downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the User's responsibility.
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Services Reserved for Registered Users
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Registration
To access the services offered by the Application, all Users must first register by creating a personal User Account.
When registering, the User undertakes to provide accurate, truthful and up-to-date information about himself/herself and his/her marital status. The User should also regularly check his or her personal data to ensure that it remains accurate.
The User must therefore provide a valid e-mail address, to which the Application will send confirmation of registration for its services and a summary of orders. An e-mail address may not be used more than once to register for services offered by the Application.
Sólo se permite una inscripción por persona. La validación de la Cuenta personal del Usuario se formaliza tras la verificación de su número de teléfono mediante el envío de un código.
The provision of this data and the validation of the personal account are essential for the provision of the service.
If you forget your password, simply click on "Forgot password" and the application will send a link to your e-mail address so you can reset your password.
All communications sent by the Application and its partners are therefore deemed to have been received and read by the User. The User therefore undertakes to regularly check messages received at this e-mail address.
The provision of this data and the validation of the personal account are essential for the provision of the service.
The User is given a login enabling him/her to access an area reserved for him/her (hereinafter referred to as the "Personal Area"), in addition to entering his/her password.
Users can change their login and password online in their Personal Area. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
In the event that the information transmitted by the User proves to be false, incomplete, obsolete or does not allow the provision of the service under the best conditions, API TECH reserves the right to refuse a request for registration to the services of the Application or to close the User's personal Account and thus refuse him access to the service, without prior notice and without this giving rise to any right to compensation.
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iUnregister
Regularly registered Users may unsubscribe at any time by visiting the dedicated page in their Personal Area.
Any User may unsubscribe from the Application at any time by following the procedure below:
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Connect to the Mobile Application and enter login and password to identify yourself
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Click on the "My account" tab
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Check the "Deactivate my profile" box at the bottom of the page
Any unsubscription from the Application will be effective as soon as possible after the User has filled in the form provided for this purpose.
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Obligations of the User
The User acknowledges that he/she has the skills and technical resources required to download and use the Application, and that he/she is solely responsible for the hardware used.
The User undertakes to provide accurate information at the time of registration to enable access to the Service in accordance with section « i. INSCRIPTION » hereof. :
In particular, the User is informed that use of the Service may require acceptance of geolocation when using the Application for proper use of the Service.
The User undertakes to make appropriate and lawful use of the Service and its content, in accordance with current legislation, these GCU, morality, good manners and public order.
Users who use the Service for purposes prohibited by law and/or contrary to the present terms will be liable to prosecution, and data enabling them to be identified may be provided to the competent authorities in the event of legal proceedings brought against them.
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API TECH's obligations
API TECH undertakes to provide a Service that complies with these GCU.
API TECH reserves the right to modify any information or content appearing in the Mobile Application, at any time and without prior notice, in the context of its updating or the correction of errors or inaccuracies or if it deems it appropriate without this giving rise to any right to compensation for Users.
In the event of a breach of these GCU or of the laws and regulations in force, in particular in the event of a breach by a User of one or more of the aforementioned rules, or whose behaviour could compromise or risk compromising the proper operation of the Service or harm the rights of third parties or the reputation of the Service, API TECH reserves the right to unilaterally suspend and/or terminate the execution of the present terms under the aforementioned conditions herein, and to block and/or delete the personal Account of the User concerned as well as his/her access to all or part of the Service, to delete the litigious content, temporarily or permanently, without this giving the User the right to any compensatioń.
In case of suspicion or report by a User of an illicit content or violating the present GCU, API TECH reserves the right to suspend the personal Account of the User concerned or the publication of the litigious content within a reasonable time in order to verify the accuracy of the information suspected of being abusive.
However, Users are informed that any abusive reporting may be penalized in accordance with the applicable regulations and these GCU and may result in the immediate suspension and/or termination of the present contract.
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Links to other websites
The Application may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between API TECH and the external website or even that an implicit agreement exists with the content of these external sites.
API TECH has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Application. We cannot therefore be held liable for any subsequent damage.
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Intellectual Property
The structure of the Application, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc., which make it up or which are accessible via the Application are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Application, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly forbidden, with the exception of elements expressly designated as free of rights on the Application.
The User of the Application is granted a limited right to access, use and display the Application and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data to the Application that would modify or be likely to modify its content or appearance.
API TECH grants a personal right to use the Application and its content to the User. This right is granted on a non-exclusive, revocable, non-assignable, non-transferable, worldwide and free basis and for the sole use of the Application, to the exclusion of any other purpose. It is strictly forbidden to access, use or attempt to access the source codes or objects of the Application. The User acquires no rights other than those conferred by these GCU.
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Privacy Policy and Personal Data Protection
Personal data provided by the User when visiting or using the Application are collected and processed by API TECH. API TECH assures its Users that it attaches the greatest importance to the protection of their privacy and their personal data, and that it undertakes to always communicate clearly and transparently on this point.
API TECH undertakes to comply with the relevant applicable legislation, namely the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
The User's personal data is processed in accordance with the Privacy Policy available on the Application.
The right of access and rectification incumbent on each User may be exercised by sending an e-mail to the following address: dpo@justqueen.com
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Application Availability
The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of API TECH and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application.
The software version of the Application may be updated from time to time to add new functions and services. Maintenance and/or updates may be carried out without prior notice to Users.
Any use of the Application is always at the User's own risk. Thus, we are not liable for any damages that may result from possible malfunctions, interruptions, defects or harmful elements present on the Application.
We reserve the right to restrict access to the Application or to interrupt its operation at any time, without obligation to give prior notice.
Given the complexity of the Internet network and the influx, at certain times, of Internet users, API TECH offers no guarantee of continuity of service and cannot be held liable in the event of temporary impossibility of accessing all or part of the Application. No right to compensation is granted under this Paragraph.
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No Waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GCU shall not be interpreted for the future as a waiver of the obligation in question.
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Applicable law - Disputes - Language
The conclusion, interpretation and validity of these GCU and all contracts arising therefrom and their consequences are subject to French Law and Regulations in force, to the exclusion of any other legislation, regardless of the nationality of the User. This applies to rules of substance and form.
In the absence of an amicable agreement between the parties and in the event of failure of the talks, the parties will resume their entire freedom and their dispute will be brought before the Commercial Court of Nancy.
In particular, pursuant to Regulation No. 524/2013 on the online settlement of consumer disputes, the User is hereby informed that any dispute arising from these GCU may be brought before the online dispute resolution platform, accessible via the following link: http://ec.europa.eu/consumers/odr/
By express agreement, in the absence of amicable agreement, the courts within the jurisdiction of API TECH's registered office shall have sole jurisdiction for any dispute or contestation relating in particular, but not exclusively, to the formation, interpretation, execution or non-execution and termination of the present contract.
In the event of any difficulty of interpretation, the French language version of these GCU shall prevail over any other version translated into another language.
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Cancellation and Ineffectiveness of Clauses
The nullity or impossibility of implementation of any of the clauses of these GCU, if it does not significantly affect the contractual balance, will only affect the clause concerned and will not result in the cancellation of these GCU.
The User undertakes to read the contents of this document carefully and accepts expressly and without reservation all the rules and obligations set out herein.
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Contact
If you have any questions or comments concerning these GTU, please contact API TECH at the following address: support@apitech-fr.com or by mail addressed to customer service at the following address: 11B Avenue Du Général De Gaulle, Seichamps (54280).