LEGAL NOTICES AND GENERAL CONDITIONS OF USE FOR THE SERVICES PROVIDED BY THEFORK
The site “https://www.theforkmanager.com” and TheFork applications are managed by:
Simplified joint-stock company with capital of 105.631.355 euros
Headquarters: 70 rue Saint-Lazare 75009 PARIS
Commercial and Companies Register 494 447 949
Intracommune VAT no.: FR71494447949
Publications Director: M. Bertrand Jelensperger.
Telephone: +33 (0)1 83 77 71 77
The site https://www.theforkmanager.com is hosted by:
Amazon Web Services EMEA SARL
38 avenue John F. Kennedy, L-1855 Luxembourg
Please note: If you are unhappy with all or some of the general conditions of use indicated hereafter, we recommend that you do not use the site https://www.theforkmanager.com.
The current general conditions will be added to or modified, where necessary, by special terms and conditions of use relating to some functions.
The service is reserved for natural persons capable of agreeing contracts under French law. All persons who visit the site or its applications and/or use the site or its applications and associated services will be considered a user of the site, which can be accessed at the addres https://www.theforkmanager.com.
ACCEPTANCE OF THE GENERAL CONDITIONS
LA FOURCHETTE offers a variety of services aimed at companies within the restaurant sector, subject to the unconditional acceptance of the present general terms.
The user declares having read all of the present general conditions. In addition, connection to any of the services offered by LA FOURCHETTE that can be accessed at the address: “https://www.theforkmanager.com/legal-information/” or applications (hereafter referred to as the “TheFork site”), will be considered to form unconditional acceptance by the user of the present general conditions.
LA FOURCHETTE reserves the right to change, at any time, all or some of the present general conditions. As a result, it is the responsibility of the user to regularly consult the latest version of the general conditions published at the address https://www.theforkmanager.com and on the TheFork Manager applications. The user will be deemed to have accepted this latest version each time they connect to TheFork site.
In the event of non-respect by the user of the present general conditions, LA FOURCHETTE reserves the right to suspend the services without notice, and/or to restrict access to the service.
DESCRIPTION OF THE SERVICE
The TheFork site allows the user to obtain information relating to the products and services offered by LA FOURCHETTE to professionals in the restaurant sector. The TheFork site also allows the user to begin a subscription to the products and services offered by LA FOURCHETTE. In addition, the TheFork site may contain links to other third party websites, which may be held and managed by distributors or providers of services that are independent and separate to LA FOURCHETTE. In no event will LA FOURCHETTE be considered to be associated with the services provided by third parties and/or the third party websites in question.
LIMITATION OF LIABILITY
• Operation of the network
Given the nature of the internet, LA FOURCHETTE does not offer any guarantee of continuity of service, and is only held to a best-efforts obligation.
LA FOURCHETTE will not be held responsible in the event of damages as a result of the temporary lack of access to one of the services provided by TheFork site
• Changes to the site
All information contained on TheFork site may be changed at any time, taking into account the interactivity of the site, without LAFOURCHETTE being liable.
• Use of the site
LA FOURCHETTE disclaims all responsibility for all damages or loss relating to the use or restricted use of the TheFork site or its content, except where specified by law. LA FOURCHETTE will not guarantee that the information presented will be detailed, completed, verified, or exact. Documents, information, descriptive pages, and, in general, all content present on the TheFork site will be provided “as is,” without any express or tacit guarantee of any sort. The user expressly recognizes that the photos present on TheFork site are not contractual.
• User guarantees
The user declares that they have full knowledge of the nature and constraints of the internet. The user recognizes that it is impossible to guarantee that data transmitted via the internet can be completely secure. LA FOURCHETTE may not be held responsible for any incidents that may result from this transmission. The user therefore communicates this data at their own risk. LA FOURCHETTE can only provide assurance that it will use all means possible to guarantee a maximum level of security. The user agrees to compensate LA FOURCHETTE up to the value of any costs that LA FOURCHETTE may bear as a result of any claim, dispute, whether legal or extrajudicial, relating to the use of the services described in the present terms and conditions by the user, and guarantees LA FOURCHETTE against any ruling in this respect in the event of legal proceedings. In all events, the user expressly recognizes and accepts that use of TheFork site is done at their own risk and according to their exclusive responsibility.
• Hypertext links
TheFork site may contain links to third party websites. If any, these sites are not controlled by LA FOURCHETTE and LA FOURCHETTE is not responsible for the content of these sites. LA FOURCHETTE provides these links for convenience and a link does not imply that LA FOURCHETTE sponsors or recommends the linked site in question, nor that LA FOURCHETTE is affiliated with such. All linked sites are held and maintained by independent distributors or service providers and, as such, LA FOURCHETTE cannot guarantee satisfaction of their products, services, or commercial practices. It is the responsibility of the user to make all verifications necessary or appropriate before proceeding with any transaction with these third parties.
• To accept unconditionally the present general conditions.
The user accepts, expressly and unconditionally, the terms of the present general terms of conditions and any potential specific conditions present on TheFork site.
• To communicate exact, accurate, and truthful information.
The user is obliged to provide exact and truthful information, notably regarding forms of address, surname, first name(s), e-mail addresses, telephone numbers, which are required for accurate identification relating to the subscription to a product or service provided by LA FOURCHETTE.
• To respect national and international intellectual property law.
The user agrees not to submit, copy, resell, re-edit, or generally, to make available in any form, any information or element received by LA FOURCHETTE, or available on the TheFork site to any other natural or legal person from any country. In general, the user agrees to respect the provisions indicated above relating to intellectual property.
All rights, both patrimonial and moral, relating to intellectual property law, relating to the content and information contained on the TheFork site, belong fully to LA FOURCHETTE, subject to all patrimonial rights that may belong to third parties and for which LA FOURCHETTE has obtained an assignment of rights or the necessary authorizations. All rights conferred to the user with regards the use of the TheFork site and the services provided by LA FOURCHETTE do not imply any transfer of a right or authorization to exploit or use any of the elements on the TheFork site.
• Protection of all elements: Branding, design, logos, hypertext links, information, etc.
All elements (branding, design, text, hypertext links, logos, images, videos, sound elements, software, layout, databases, codes, etc.) contained on the TheFork site and associated sites are protected by national and international intellectual property law. These elements remain the exclusive property of LA FOURCHETTE and/or its partners.
The user recognizes and acknowledges that non-respect for this restriction constitutes an infringement of copyright punishable by both civil and criminal law.
• Applicable law
The relationship between LA FOURCHETTE and the user, governed notably by the present general conditions, is subject to French law, with the exclusion of any other state legislation. In the event of the writing or translation of the present general conditions into one or more other languages, the French version alone will be legally binding.
Any dispute and/or difficulties relating to the interpretation or execution of the present general conditions will be subject to the jurisdiction of the competent courts in the city of Paris.
• Partial invalidity – Dissociation – Headings
In the event that a provision of the present general conditions is rendered void, illegal, non-invocable, or inapplicable in any way, the validity, legality, or application of the other provisions of the present general conditions will be not affected or altered in any way, with the other stipulations of the general conditions remaining in full effect.
LA FOURCHETTE may, where required, add a new clause, which will assume the common agreement of both Parties as expressed in the initial clause, with respect for all applicable law relating to the present general conditions.
The headings of the articles of the present documents are only of an indicative nature and may not be considered as an integral part of the general conditions.
• No waiver
Except where stipulated to the contrary in the present general conditions, no tolerance, inaction, abstention, omission, or delay by LA FOURCHETTE to waive any of its rights in accordance with the terms of the present general conditions will affect any of its rights, nor will it imply a future waiver of any rights. The aforementioned rights will remain fully applicable.
• Notice and removal of illicit content
LA FOURCHETTE will inform any user of the TheFork site that it may raise a case or objection relating to any elements of illicit content placed on TheFork site.
If the user believes that any element or content on the TheFork site is illicit and/or infringes their copyright, the user may submit a notice to LA FOURCHETTE immediately by recorded letter with confirmation of receipt, and containing all supporting documents regarding the ownership of these rights, where necessary. Once this procedure has been followed, and after verification of the accuracy of the notice, LA FOURCHETTE will enforce, to a reasonable extent and as soon as possible, the removal all illicit content.