GENERAL TERMS OF USE (“CGU”)
Date of the last update: 3rd January 2024
1. Preamble and mandatory nature of these GTU
The Website accessible at the URL address www.zenchef.com (hereinafter the “Website”) is the property of the company ZENCHEF SAS (hereinafter “Zenchef”). For more information on Zenchef, the user (i.e., any person that visits or uses the Website) is invited to consult the Website’s legal notice
Users accessing the Website acknowledge having read these GTU, available on the Website via the “General Terms of Use” section and must comply with the terms thereof.
The Website is intended to provide users with information on the activity and the services offered by Zenchef, as well as its news (events, publications, etc.).
It also offers functionalities and/or information enabling users to contact Zenchef.
2. Purpose
The purpose of these general terms of use (hereinafter the “GTU”) of the Website www.zenchef.com is to define the terms of accessing the Website, the terms of use and the functionalities of this Website, as well as the online content provided thereon.
3. Use of the Website
3.1 Access
The Website can be accessed freely and without charge by any user with internet access. Any costs pertaining to accessing the Website, whether equipment, software or internet access costs, are exclusively borne by the user. They are solely liable for the proper functioning of their IT equipment, as well as their internet access.
Certain functionalities and certain services offered on and/or via the Website may be reserved for users having created an account or an online space on the Website, with it being specified that in this case, the relationship between Zenchef and the user may be governed by specific general terms that the latter must accept before being able to benefit from the previously mentioned functionalities and services.
3.2 Security
Zenchef shall make its best efforts, in accordance with industry standards, to secure the Website with regard to the risks incurred but cannot guarantee the user the absolute security of said Website or the internet network in general.
The user must take appropriate measures to ensure the security of their own data and/or software notably regarding the potential presence of viruses, malicious codes or any other harmful technology or logic bombs on the Website or the internet network in general.
The user undertakes not to commit any act that could endanger the IT security of the Website or the IT systems of other users or Zenchef.
The user shall also ensure that they do not introduce any viruses, malicious codes or any other logic bomb or harmful technology to the Website or the functionalities offered thereon.
The user accepts the characteristics and limits of the internet. They are aware that the data circulating on the internet is not necessarily protected, notably against any eventual misuse of said data.
3.3 Lawful use of the Website – prohibited uses and actions - links
Lawful uses of the Website
The Website is an automated data processing system. The Website can only be accessed via the interface provided by Zenchef.
The user undertakes to only use the functionalities of the Website, as well as all the content they may have access to, for a purpose that complies with the regulations in force, and notably public order, good morals, and the rights of third parties.
If the user is required to enter information on the Website, they must only provide complete, accurate and up-to-date information that concerns them personally.
The following are forbidden:
- the downloading, collection, copying, alteration, modification, deletion, downloading, distribution, transmission, rental, sale, concession, and the exploitation of the Website content, whether fully or partially. Zenchef reserves the right to initiate any action or claim necessary in order to prevent, terminate, and penalise any breach of the Website and the Website content, including legal proceedings, without any prior formal notice.
- the use of a method for accessing the Website, other than the interface provided by Zenchef,
- the use of devices or software or the performance of operations that may have the purpose or effect of disturbing, disrupting, interfering, distorting or interrupting the normal operation of the Website, or that may place a disproportionate load on the associated infrastructures and systems,
- the extraction of all or part of the information or data present on the Website,
- the use of a robot, notably an exploration robot (crawler or spider), software, an automated system, a script, a programme, a website search or recuperation application, or any other means enabling the extraction or indexing of all or part of the Website content. Therefore, crawling, scraping or screen scraping practices are expressly forbidden.
Links
Users of the Website cannot establish a link to the Website without Zenchef’s express and prior authorisation. Such an authorisation request must be sent by email to the address info@zenchef.com. This authorisation shall not, under any circumstances, be qualified as an implicit affiliation agreement. In any event, links to the Website must be removed at Zenchef’s first request.
Zenchef reserves the right to place links on its Website giving access to websites or webpages other than its own Website. Users are formally informed that the websites that they may access via these links do not belong to Zenchef, who moreover reserves the right to delete the said links provided on its Website to a third-party website in the event that they were to breach the regulations in force or go against its values. Zenchef shall not be liable for access by users via links placed on the Website to third-party websites or other resources on the internet network, nor for the content of the information provided by these third-party sites or other resources on the basis of the activation of said links.
3.4 Availability of the Website
The user must possess the skills and equipment necessary to access and use the Website and must have verified that the IT settings that they use for this purpose are in perfect working order.
Zenchef shall make its best efforts, as part of an obligation of means, to enable access to the Website, its use and that of the functionalities provided on it, 24/7. However, due to the nature and complexity of the internet network, the full accessibility or availability of the Website cannot be guaranteed.
Moreover, Zenchef may, without notice or indemnity:
- temporarily or definitively close all or part of the Website or access to all or part of the functionalities offered thereon, notably to perform updates, maintenance operations or changes to the operational methods, the servers and the accessibility times, without this list being exhaustive,
- complete or modify all or part of the Website’s functionalities at any time.
It is up to the user to monitor development possibilities for their IT and transmission equipment so that this equipment can adapt to the developments of the Website and its functionalities.
3.5 Content quality
The content (notably information, elements, documents, etc. in any form whatsoever, notably text, figures, images, etc.) provided and/or distributed on the Website is done so for information purposes. Despite the care taken when developing and updating the Website, the content featured thereon is provided “as is”, for generic information purposes and Zenchef cannot therefore guarantee its accuracy, advisability, suitability, or relevance, nor its compatibility with the user’s requirements.
In addition, the content featured on the Website must not be considered as authoritative, nor can it replace the personal judgement of the user and should not be the sole basis on which the latter makes decisions.
If the user notices the presence of content that is inaccurate, that could infringe on the rights of a third party or breach a regulatory or legislative provision, they are invited to report this via email by writing to info@zenchef.com.
4. Liability
The user is solely liable for their use of the Website and its functionalities and must comply with the terms of these GTU.
Zenchef would like to draw the user’s attention to the risks involved in any economic transaction.
Zenchef is exclusively liable for direct damage caused by the Website, as proven by the user.
Zenchef is not liable for:
- indirect damage suffered by the user resulting notably from the content or the use of the Website, such as (i) the loss of turnover, (ii) economic loss, (iii) damage to their image or reputation, (iv) the loss or corruption of data, or even (v) damage that may be suffered by the user notably due to the moral, financial, or pecuniary consequences of third-party claims, a legal decision, or the decision of a supervisory authority,
- the breach, by a user, of these GTU of the Website and the consequences or damage, of any nature, that may result therefrom, with regard to any person, whether they are a third party or another user,
- the temporary or definitive unavailability of access to all or part of the Website or the functionalities provided thereon, an issue regarding response times, and generally speaking, any performance defect, as well as the consequences or damage of any nature that may result therefrom,
- discontinuities or disturbances in the use of the Website and the functionalities contained thereon, whether voluntary or otherwise, nor the consequences and damage of any nature that may result from changes or even technical or functional developments of the Website,
- misuse of information circulating via the internet or input on the Website, the presence of viruses, malicious codes and any other harmful technology or logic bombs on the Website, or any consequences or damage resulting therefrom,
- consequences or damage, of any nature, that may result from errors or omissions in the content published on the Website or in the responses to contact requests, nor any delays in responding to such requests,
- decisions made by the user on the basis of content published on the Website or in responses to contact requests,
- consequences or damage, of any nature, in connection with the communication of inaccurate, incomplete or obsolete information to Zenchef by the user.
5. Intellectual property (content, databases, trademarks and distinctive signs)
The Website taken in its entirety, as well as each of the elements constituting it taken independently, notably programmes and developments, its structure, and content including data, text, still or animated images, logotypes, sounds, graphics, photographs, and files are the property of Zenchef (either directly, or the necessary rights have been obtained by Zenchef from a third party).
Any total or partial representation or reproduction of the Website or one of the elements constituting it, without Zenchef’s express prior authorisation is forbidden and shall constitute an infringement penalised by the laws in force. In any event, any representation or reproduction of all or part of the Website or elements constituting it, with Zenchef’s express prior authorisation, must feature the phrase “Copyright [2024] ZENCHEF - all rights reserved”.
The databases featured on the Website are protected by the French Intellectual Property Code and any substantial qualitative or quantitative extraction or reuse of the content of the databases shall be penalised.
The trademarks and the logotypes featured on the Website are registered trademarks of Zenchef or third parties. Any total or partial reproduction, imitation or use of these distinctive signs without Zenchef’s express authorisation and in breach of the prohibitions provided for by the laws in force shall incur the liability of their author.
The other distinctive signs, notably company names, trade names, signs and domain names reproduced on the Website are the property of Zenchef or third parties, and any reproduction thereof without express authorisation may constitute theft, incurring the liability of their author.
6. Personal data and cookies
Personal data may be processed via the Website. The user is invited to click here to access Zenchef’s “personal data protection policy”, that can also be accessed by a link in the footer of all pages of the website.
Cookies and other trackers or similar technology may be installed and/or read on the user’s browser or device when they visit the Website. The user is invited to click here to access Zenchef’s “cookie management policy”, that can also be accessed by a link in the footer of all pages of the website.
7. Applicable law and competent court
This Website is governed by French law. The content provided therefore complies with the French legislation in force. Zenchef’s liability shall not be incurred in the event of non-compliance with the legislation of the country from which the user is accessing the Website.
These GTU of the Website as well as the relationship between Zenchef and the user are governed by French law. The same applies to substantive rules and rules on form, notwithstanding the places of performance of the substantive or ancillary obligations.
Only French courts have the authority to hear disputes arising from the application of these GTU or directly or indirectly resulting from the use of the Website.
These stipulations regarding the applicable law and competent courts are applicable subject to (i) public order provisions or (ii) imperative provisions intended to apply to the user in their capacity as a consumer as the case may be.
8. Modification/Updates
Zenchef reserves the right to modify and update these GTU of the Website at any time and without notice. The applicable version is the one that can be accessed online throughout the duration of the visit and use of the Website by the user. Any new version uploaded to the Website shall prevail over any previous version, notably printed or saved in a digital or paper format by the user.
The user is therefore invited to consult and regularly read these GTU.
9. Miscellaneous
If Zenchef does not invoke any of the provisions of these GTU, this cannot be interpreted as a waiver of its right to do so at a later date.
If any of the clauses of these GTU should become void, unenforceable, illegal, inapplicable or should lapse, this shall not affect the validity of these GTU nor exonerate Zenchef or the user from the performance of these GTU.