TERMS OF SALES

PREAMBLE

As part of its activities, Tokeat publishes and operates a Platform at the following address: https://www.Tokeat.com/ allowing the provision of a variety of Content by contributors. Customers thus benefit from access to exclusive and diversified content, including articles, photos as well as exclusive event proposals. In addition, Customers have the opportunity to interact with different contributors.

DEFINITIONS

In the context of these General Terms and Conditions, the terms and expressions listed below, the first letter of which appears in capital letters, have the meaning assigned below. These terms will have the same meaning in the singular and plural.
“Subscription”: the offers proposed by Tokeat in order to benefit from the Services offered on the Platform. A Subscription taken out relates to a Creator;
‍ “Association”: designates non-profit entities making Content available on the Platform; ‍
“Customer”: designates any natural or legal person who purchases a good or service under the conditions of these General Conditions of Sale.
“Account”: designates the Customer’s account created under the conditions provided for in the T&Cs, accessible from the Platform and allowing access to all of the Customer’s information; ‍
“General Conditions of Sale” or “CGV”: designates these general conditions of sale defining the conditions and terms under which Customers can take out a Subscription in order to access the Services offered on the Platform; ‍
“General Conditions of Use” or “CGU”: designates the general conditions of use of the services applicable to Customers when using the Platform; ‍
“Content”: refers to all photos, articles, texts published on the Platform by the Creators; ‍
“Creator”: means any natural or legal person or any Association which creates, shares or publishes Content on the Platform; ‍
“Platform”: designates the platform published and operated by Tokeat as part of its activities and available at the following address: https://www.tokeat.com/ from which Customers can access the Services. The Platform includes in particular all IT components (in particular software and IT developments and pages, including programs in source and object code, preparatory design work, specifications, and preliminary studies, user documentation relating to the use and operation of the platform), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content (in particular texts, sounds, still or animated images, videos and data base) ; ‍
“Services” designates the functionalities made available to Clients by Tokeat on the Platform in particular to access, comment on and react to Content published by Creators; ‍

PURPOSE AND ENFORCEABILITY

The purpose of these General Terms and Conditions is to define the conditions and modalities according to which Tokeat ensures the offering of Services and the subscription to Subscriptions. ‍
They describe in particular: the Services offered on the Platform; the conditions of access to the Platform and the Services; the conditions under which Customers can subscribe to the Services; And the obligations and responsibilities of Customers. ‍
These General Terms and Conditions are systematically brought to the attention of Customers wishing to take out a Subscription. They apply exclusively to all Subscriptions on the Platform and prevail over all other conditions, with the exception of those which have been expressly accepted by Tokeat. Consequently, all other conditions are binding on Tokeat only after written confirmation from it.

IMPORTANT: NOTE TO CUSTOMERS

ANY USE OF THE PLATFORM IMPLIES EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE BY THE CUSTOMER OF THESE CGV, BY CHECKING THE BOX: “I accept the General Conditions of Sale” AND BY ACCEPTING THEM DURING ITS USE, THE CUSTOMER ACKNOWLEDGES THAT IT IS BOUND BY ALL OF THESE CGV. ‍
Tokeat encourages Customers to read them carefully before accessing the Platform, using and/or subscribing to the Services, and recommends that Customers keep a printed version of the T&Cs applicable when they first use the Services, for their archives. personal.

DESCRIPTION OF SERVICES

Tokeat allows users to interact with renowned players in global gastronomy. Tokeat allows users to benefit from the following Services: access to all Content made available; access to the “News” space dedicated to sharing news by different gastronomic players. access to the “Exporer” space, presenting the list of restaurants contained on Tokeat. access to the “News” space dedicated to sharing news by the different gastronomic players. access to the “Exporer” space, presenting the list of restaurants contained on Tokeat. access to the “Event” space, where Tokeat partners can present their exclusives

LIABILITY OF TOKEAT

Tokeat cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Client.
Tokeat cannot be held responsible for the content of Clients and/or Creators published on the Platform. The Customer is solely responsible for his content and all activities that take place on his Account. ‍
Tokeat cannot be held responsible for unforeseeable events such as cyber attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is up to Customers to take all appropriate measures to protect their own data and/or software, in particular from contamination by possible viruses circulating on the Internet. ‍
It is also specified that Tokeat does not control the websites which are directly or indirectly linked to the Platform. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content. ‍
Generally speaking, in the event that a Customer does not comply with the General Terms and Conditions, the Customer acknowledges and accepts that he is solely responsible for the direct and indirect damage resulting therefrom with regard to Tokeat.

CUSTOMER OBLIGATIONS

Customers undertake to respect these General Terms and Conditions and to use the Platform in accordance with Tokeat's instructions and the General Terms and Conditions. Customers undertake to use the Platform only for their own use, in accordance with these general conditions. In this regard, Customers undertake to refrain from: ‍
post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates any third party right, including without limitation any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or confidentiality; (ii) violates or encourages any action that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or encourages violence or threatening actions against any person or entity; or (vii) encourages illegal or harmful activities or substances; use the Platform in an illegal manner, for illegal purposes or in a manner incompatible with these General Terms and Conditions; sell, copy, reproduce, rent, lend, distribute, transfer or sublicense any content on the Platform; decompile, reverse engineer, disassemble, modify, display in a form readable by the Client, attempt to discover any source code or use any software enabling or comprising all or part of the Platform; attempt to gain unauthorized access to the Platform's computer system or engage in any activity that disrupts, diminishes the quality of or interferes with its performance or deteriorates its functionality; infringe the intellectual property rights of Tokeat; And denigrate the Platform and/or the Services as well as Tokeat on social networks and any other means of communication. ‍
Customers also undertake to: ‍
meet their financial obligations; And not develop an activity competing with that of Tokeat. ‍
The Customer guarantees that: ‍
the publication of content created on the Platform does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person; And he is responsible for all his activities related to the use of the Services. ‍
In the event of non-compliance with obligations arising from acceptance of the General Terms and Conditions, incidents of payment of the price of a Subscription, provision of incorrect information when creating the Account or acts likely to harm the interests of Tokeat , the latter reserves the right to suspend without notice access to the Platform and/or the Account or, depending on the seriousness of the acts, to delete the Customer's Account without damages being claimed and take all measures including any civil and criminal legal action against him.

INTELLECTUAL PROPERTY

The Platform and certain elements (in particular editorial, illustrations, studies, and videos) appearing on the Platform are protected by laws relating to intellectual property, and in particular copyright, and are the exclusive property of Tokeat. Likewise, the brands, logos, graphics and animations contained on the Platform are the exclusive intellectual property of Tokeat. ‍
It is agreed that no provision of the General Terms and Conditions may result in any transfer of Tokeat's intellectual property rights with regard to the intellectual property elements that may be implemented on the Platform. ‍
Customers therefore undertake in particular not to directly or indirectly infringe Tokeat's intellectual property rights on the Services. ‍
In addition, Customers are prohibited from any reproduction or exploitation of the contents of the Platform without express, written and prior authorization from Tokeat. ‍
Customers are informed and acknowledge that the Platform and/or Services may contain information that is confidential or protected by current intellectual property rights or any other law. Customers agree not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have first received express authorization from Tokeat.

PERSONAL DATA

In accordance with law n°78-17 of January 6, 1978 as amended relating to data processing, files and freedoms known as the “information technology and freedoms” law and Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter the “GDPR”), Customers are informed that Tokeat carries out automated processing of their personal data for the purposes of using the Services, processing and managing commercial relationships and Subscriptions.
‍ This data may be transmitted to any subsidiaries and/or companies controlled by Tokeat as well as to its subcontractors who contribute to these relationships for their management, execution, processing and payment. ‍
Each Customer has the rights of access, modification, rectification, limitation, portability and deletion of data concerning him, as well as a right of opposition. ‍
For this purpose, you should contact the support service by email at the following address: Contact@tokeat.com ‍
Please note that with regard to rectifications and updates of data relating to their Account, Customers make the necessary modifications and deletions directly on their own Account. ‍
For more details, Tokeat invites Customers to read the privacy policy accessible on the Platform in the “Privacy Policy” tab. ‍
Said policy is an integral part of the General Terms and Conditions. Acceptance of the General Terms and Conditions implies acceptance of the associated confidentiality policy. ‍
It is specified that the confidentiality policy complies with the GDPR. ‍

FORCE MAJEURE

‍ Tokeat cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure. ‍
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor. If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code. In the event of the occurrence of one of the above-mentioned events, Tokeat will endeavor to inform the Customer as soon as possible. ‍
Edit ‍
Tokeat reserves the right to modify, at any time, these General Terms and Conditions, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical developments. ‍
The version of the General Terms and Conditions which prevails is the one which is accessible online on the day of validation of the Subscription. ‍
Any Subscription by the Customer after publication of the modified T&Cs constitutes acceptance by the latter of the new T&Cs. ‍
Partial invalidity ‍
In general, if one or more of the clauses or stipulations of the General Conditions of Sale were held to be invalid or declared null or non-enforceable by law, a regulation or following a final decision of a competent court, the other stipulations will remain all their strength and reach. ‍
Language ‍
The language applicable to the General Conditions of Sale is French. If a translation is carried out, only their French language version will have contractual value. ‍
Evidence ‍
Files, data and messages recorded in Tokeat's computer systems will be accepted as proof of acts and facts occurring between Tokeat and the Clients. ‍
The retention of records will be presumed, unless proven otherwise, to have taken place under reasonable security conditions if the messages, data and other documents are systematically recorded on a reliable and durable medium. ‍
Waiver Any failure to exercise or a delay in the exercise of a right or prerogative by one party cannot be considered as a waiver to subsequently exercise this right or prerogative for the benefit of the other party. Likewise, the exercise of a single right or the partial exercise of a right or prerogative does not exclude the subsequent exercise of other rights or prerogatives provided for in these General Terms and Conditions. No waiver will have any effect unless it is stipulated in writing, signed by a duly authorized representative of each of the parties.

APPLICABLE LAW – DISPUTES

‍ These General Terms and Conditions are subject to French law. In the event of a dispute, only the French courts will have jurisdiction. ‍
For any difficulty and/or question about the Platform and/or the Services, Customers are invited to contact customer service in order to try to find an amicable solution by email to the following address: Contact@tokeat.com ‍
In accordance with the provisions of article L.211-3 and article L.612-1 of the Consumer Code, the Customer is informed that any dispute which may arise between Tokeat and him and regarding the validity , the interpretation, execution or non-execution, interruption or termination of the rights and obligations of these General Conditions of Sale, may, after prior written action by the Customer vis-à-vis Tokeat and of which the settlement would not have been successful, be subject to consumer mediation. ‍
The Customer and Tokeat, however, remain free to accept or refuse the use of consumer mediation. In addition, any solution proposed by the consumer mediator will not be binding on the Customer and Tokeat, who may waive it. ‍
These general conditions of sale come into force from June 1, 2024.