Application: refers to the Pokawa interface, which can be accessed at the following page: https://pokawa.com/fr_fr/conditions-du-programme-de-fidelite/ and can be downloaded via the Apple Store, the Android Store or the Google Store. The Application is published by and the exclusive property of Pokawa, a simplified joint stock company with capital of 2,470.60 euros, registered with the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 7 rue de Bucarest, 75008 Paris, which holds all intellectual property rights over it.
Benefits The product(s) offered under the loyalty programme.
CGU means these General Terms and Conditions of use of the loyalty programme.
Customer : means any natural person ordering Products on the Site or the Application. The latter acknowledges having full legal capacity to enter into commitments under the Terms and Conditions.
How to order : means any order for Products to be taken away (Click and Collect service) or for delivery made on the Site or via the Application to a Point of Sale.
Account : means the personal space that the Customer can create on the Site or the Application to access the Product Ordering service, associated with a login and password.
Personal data: personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to the Seller and Pokawa or which is collected by Pokawa when using the Site.
Delivery Delivery: refers to the service whereby the Customer chooses to place an order via the Site and/or the Application, with a Restaurant offering this service, and then to have the order delivered by an independent courier.
Parties means the Customer and the Seller together.
Pokawa : a simplified joint stock company with capital of 2,470.60 euros, registered in the Paris Trade and Companies Register under number 830 213 203, with its registered office at 7 rue de Bucarest, 75008 Paris.
Products : designates all products offered for sale on the Site or via the Application by a Restaurant.
Loyalty programme Loyalty Points: refers to the service accessible via the Application and the Site through which Customer members can accumulate loyalty points for each order placed, enabling them to benefit from free products depending on the level reached, excluding Orders placed via aggregators (independent couriers).
Restaurant : means commercial premises where a Pokawa business is operated.
Site : means the Internet site accessible at the following URL address : https://pokawa.com. published by and the exclusive property of POKAWA, a simplified joint stock company with capital of 2,470.60 euros, registered in the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 7 rue de Bucarest, 75008 Paris, which holds all intellectual property rights over it. The Site is hosted by OVH.
User : means any natural person browsing the Site and the Application.
Seller : means the legal entity that sells Products in a Pokawa branded Restaurant, independent franchisee or branch of Pokawa, selected from the Pokawa Restaurant network according to the pick-up address chosen by the Customer, and where the Order will be registered.
The purpose of the GTCU is to define and govern the operation of the Loyalty Programme accessible via the Site and/or the Application, made available by Pokawa Restaurants under the conditions specified below.
Membership of the Loyalty Programme automatically implies full and unreserved acceptance of these GCU.
In the event of any conflict between the provisions of the GCU and any other contractual documents relating to the Loyalty Programme, these GCU shall prevail unless otherwise agreed in writing by the Parties.
No tolerance in the application of the provisions of the GTCU may be interpreted as a waiver by Pokawa or the Seller of their right to invoke them at a later date.
If any of the provisions of the GCU are or become invalid under any current or future legal provision, they will be deemed unwritten without affecting the validity of the other provisions of the GCU.
The GCU come into force as of their Publication on the Site and in the Application.
Pokawa reserves the right to modify these Terms and Conditions at any time. In the event of a change to the GTCU, the applicable GTCU shall be the most recent version published on the Site and the Application, and in any event those published at the time the Order is placed for the purposes of the Loyalty Programme.
Membership of the Loyalty Programme is free.
In order to join the Loyalty Programme, the Customer must first create an account on the Site or the Application.
To create an account on the Site and/or the Application, the Customer must be at least :
The creation of an Account and the completion of an Order require the Customer to communicate certain Personal Data, collected and stored by Pokawa and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, namely:
When creating an Account, the Customer undertakes to provide Pokawa and the Seller with accurate and sincere information, and to keep it up to date via the administration page of said Account.
The Customer's Account is purely personal. Consequently, the Customer undertakes to use it personally and never to allow a third party to use it in his/her place or on his/her behalf, unless he/she bears full responsibility.
In the same way, the Customer is responsible for maintaining the confidentiality of its connection identifiers and in particular its password. The Customer must immediately contact Pokawa at the following e-mail address: serviceclient@pokawa-group.com, if it notices that its Account has been used without its knowledge, in which case Pokawa shall be free to take all appropriate measures to restore the integrity of the Account.
Pokawa shall not be held liable for any use of the Account by a third party who has obtained access to the customer's account in any way whatsoever.
If the Customer forgets and/or loses his/her password, he/she will be able to use the «forgotten password» function to reset it by clicking on the link and following the instructions in the e-mail received.
Customers may cancel their membership of the Loyalty Programme at any time.
Termination of the Loyalty Programme will result in the loss of all points accumulated.
4.1 - Validity of points
By joining the Loyalty Programme, Customers can collect points for each Order placed on :
1 (one) euro spent equals one loyalty point. In order to determine the number of points allocated for each Order, the amount of each Order will be rounded down to the nearest euro. For example, in the case of an Order amounting to 13.50 euros, the Order will earn the Customer a total of 13 points.
The Loyalty Programme may not be used for any Orders placed via aggregators (e.g. Uber Eats, Deliveroo).
Customers can accumulate a maximum of 120 (one hundred and twenty) points, which must be used on 1 January.er January and 31 December of the current year.
The number of points accumulated is accessible on the Account created by the Customer.
Once the maximum number of points that can be accumulated has been reached, the Customer can no longer accumulate points, except in the case of using all or part of their points by choosing one or more corresponding Advantages under the Loyalty Programme.
When the Customer has used all their points during the validity period of the Programme, the points counter will automatically be reset to zero.
If the points accumulated are not used before 31 December of the current year, they are automatically deleted. The points counter restarts at zero every 1er January.
4.2 Using points
By accumulating points for each Order, Customers will be entitled to Benefits, according to the following levels:
Recipes Chocolate Moelleux, Fruit Ninja, Smart Sweet Bowl, Evian, San Pellegrino, Coca-Cola, Coca-Cola Zero
Recipes : Carrot and coconut soupawa, Chicken gyozas, Vegetable gyozas, Box of mixed gyozas, Falafels with tzatziki, Mini Salmon Bowl, Original Sweet Bowl
Recipes : Exotic Hot poké, Poké Salmon, Poké Teriyaki Chicken, Poké Super Protein, Poké Marinated Tuna, Poké Prawns, Poké Falafels
The Loyalty Programme is valid for a period of one year, over a calendar year from 1 January.er January to 31 December. It is then automatically renewed on 1 January each year.
Any or all of the Restaurants participating in the Loyalty Program may decide not to renew the Loyalty Program for the following calendar year. In this case, the Customer will be informed by email no later than 30 days before the end of the current calendar year. This information will also be available on the Customer's Account.
In the event of Pokawa's definitive withdrawal from the Loyalty Programme, the Customer shall have a period of three (3) months from the date of notification by any means to use his/her points. After the three (3) month period, unused points will be permanently lost.
In the event of fraud and misappropriation of the Loyalty Programme, violation of these GTC and/or legal or regulatory provisions in force, Pokawa reserves the right to suspend the Customer's account without compensation.
The Restaurant will suspend the account after notifying the Customer by any means.
Such termination shall be without prejudice to any right of action.
Nothing herein, nor the provision of the Loyalty Programme, shall be construed as implying any transfer of Pokawa's or the Seller's intellectual property rights to the Customer.
All technologies, information, data, documents, know-how and/or formulas communicated by Pokawa to the Customer as part of the Loyalty Programme, as well as all trademarks, logos, trade names and photographs appearing on the Site and the Application, shall remain the exclusive property of Pokawa. The Customer is granted a personal, non-exclusive, non-assignable and non-transferable right to use the Site and/or the Application.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of Pokawa's or the Seller's intellectual property without its prior written consent is strictly prohibited. The fact that Pokawa or the Seller does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of said use and waiver of legal action.
Pokawa and the Seller undertake to comply with the provisions of the General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2019 on the Protection of Personal Data (hereinafter referred to as: « RGPD »It also undertakes to respect, and to ensure that its employees respect, the confidentiality and security of any personal data that may be collected and processed by them in the performance of the present contract.
As part of the formation and execution of the GTC, Pokawa and the Seller are required to collect and process the Customer's personal data, in compliance with the RGPD. The data collected includes the following: surname, first name, telephone number, email address, IP address, payment details.
This data is required to process the Customer's Order and execute the GTC.
This data may be communicated to Pokawa's and the Seller's employees and to any partners responsible for the execution, processing and management of the relationship with the Customer. Pokawa and the Seller do not intend to transfer data collected in this way outside the European Union.
Customers whose personal data is processed have a right of access, rectification, deletion, limitation of processing, portability of data, a right of opposition and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address:
POKAWA SAS
7 rue de Bucarest ;
75008 Paris.
If Pokawa wishes to use the data for a new purpose, a new request for consent will be made to the Customer.
Pokawa's involvement is strictly limited to making the Loyalty Programme available to Users and Customers.
In this respect, Pokawa shall bear the consequences of any damage directly attributable to it and likely to be caused to the Customer in the context of the operation of the Loyalty Programme, within the limits mentioned in the GTCU.
Pokawa shall not be held liable:
The Vendor shall bear the consequences of any damage directly attributable to it in connection with the Customer's Order in accordance with ordinary law. However, the Vendor shall not be held liable in the event of an act of the Customer or in the event of force majeure within the meaning of article 1218 of the French Civil Code.
The limitations and exclusions in this article are not intended to limit the liability or modify the rights of consumers which cannot be excluded in accordance with the applicable legal provisions.
Pursuant to article L.223-1 of the French Consumer Code, customers are reminded that if, outside their relationship with the Company, they generally do not wish to be the subject of commercial canvassing by telephone, they may register free of charge on the telephone canvassing opposition list with the Bloctel service (https://www.bloctel.gouv.fr).
The relationship between Pokawa and the Customer, or the Seller and the Customer, under these GCU is subject to French law.
In the event of any dispute arising between the Parties, particularly with regard to the validity, interpretation and performance of these GCU, the Parties shall attempt in good faith to reach an amicable agreement to resolve the matter.
For any complaint relating to the operation of the Site and/or the Application, the Customer may send a letter to Pokawa stating the difficulties or shortcomings observed to the following address: 7 rue de Bucarest, 75008 Paris.
For any complaint relating to the Loyalty Programme, the Customer may send a letter to Pokawa stating the difficulties or shortcomings observed to the address given on the Site or via the customer service contact form ( https://pokawa.com/fr_fr/service-client/ ).
The Customer may also request the services of the mediator free of charge by sending an e-mail to the address : mediation-franchise-consommateurs@franchise-fff.com or by post to the following address
The FFF
Franchise-Consumer Mediation Commission
29 Boulevard de Courcelles - 75008 Paris
The Customer must specify the purpose of his request and attach the documents on which it is based. Upon receipt, the mediator will notify the Parties of the referral by e-mail or ordinary mail.
Within the framework of this mediation, the Customer may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for an expert opinion, the costs shall be shared equally between Pokawa or the Seller and the Customer.
The mediation shall be concluded within ninety (90) days from the notification of the referral by the mediator. The Parties are free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not compulsory. However, if the Customer wishes to request the services of a mediator, he/she must first send a complaint to Pokawa or to the Seller.
In addition, the Customer is informed that an Online Dispute Resolution platform has been set up by the European Commission, which can be accessed at the following address: : https://webgate.ec.europa.eu/odr/. The aim of this platform is to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
If the Customer does not wish to refer the matter to the mediator, or if one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to bring proceedings before the competent court.
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