ARTICLE 1 - DEFINITIONS
Order: shall mean any order for Take-Out Products placed on the Site with a Pokawa Sales Outlet.
Account: refers to the personal space that the User can create on the Site to access the Product Ordering service and associated with a username 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 User to Pokawa or which is collected by Pokawa in the course of the User's use of the Site.
Pokawa: a simplified joint stock company with a capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 8 VLA POIRIER 75015 PARIS.
Point of Sale: refers to a commercial premises, in which a business under the Pokawa brand name is operated.
Products: shall designate all products offered for sale on the Site.
Services: refers to the various features and services offered on the Site.
Site: refers to the Internet site accessible at the following URL: https://pokawa.com.
User: means any natural person browsing the Site.
ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GCC
The purpose of these general conditions of use (hereinafter the "GCU") is to define and govern the rights and obligations of the Parties in the context of the use of the Site by the User.
By using the Site, the User accepts these GTC. These are applicable throughout the period of use of the Site and the Services by the User.
The version of the GTC currently online on the Site is the only one applicable and enforceable against the User until a new version replaces it. Pokawa reserves the right to modify these GTC at any time, which shall come into force as soon as they are published on the Site.
No tolerance of the application of the provisions of the GTC shall be interpreted as a waiver by Pokawa of its right to invoke them at a later date.
If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.
The commercial relationship that may be concluded between the User and Pokawa shall be governed by the general terms and conditions of sale (hereinafter referred to as "GTCS"), which are accessible on the Site.
ARTICLE 3 - SERVICES
The Site allows Users to access and benefit from the following Services:
subscribe to the Pokawa newsletter;
sign up for the loyalty programme to receive promotions;
access Pokawa's social network accounts;
search for a point of sale ;
to place orders for take-away products;
ordering catering services ;
becoming a franchisee ;
join the Pokawa team.
The User is informed that all information accessible via this Site is provided as is. Pokawa reserves the right to modify said information at any time, in particular by updating the Site. Moreover, Pokawa gives no guarantee, explicit or implicit, and assumes no responsibility for the use of this information.
The User also acknowledges that the Services are subject to constant change without the User being able to object to this.
ARTICLE 4 - ACCESS TO SERVICES
Browsing the Site is accessible to all Users. The User acknowledges that he/she has the necessary skills and means to access and use the Site.
ARTICLE 5 - USER ACCOUNT
To place an Order for Products on the Site, the User may create or log in to his or her Account using his or her email address and password.
The creation of an Account requires the communication of certain Personal Data, collected and stored by Pokawa 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.
When creating an Account, the User undertakes to provide Pokawa with accurate and sincere information, and to keep it up to date via the administration page of said Account.
The User's Account is purely personal. Consequently, the User 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.
Likewise, the User is responsible for maintaining the confidentiality of his or her login information and in particular his or her password. The User must immediately contact Pokawa if he/she notices that his/her Account has been used without his/her knowledge, in which case Pokawa shall be free to take all appropriate measures to restore the integrity of the Account.
In the event of violation of these GTC and/or legal or regulatory provisions in force, Pokawa reserves the right to suspend the User's Account and access to the Services without compensation.
ARTICLE 6 - PRINCIPLE OF USE OF THE SITE
When browsing the Site and using it, the User undertakes to :
report any malfunction to Pokawa immediately;
use the Site in accordance with public order and good morals, and in a manner that is not abusive or unlawful;
not to use any means that would have the effect of limiting the peaceful use of the Site by a third party;
not to use the Site to threaten, harass, stalk, abuse and generally infringe the rights of Pokawa or third parties in any way whatsoever;
not to intercept or attempt to intercept Personal Data belonging to third parties;
not misrepresent themselves as an employee, agent or servant of Pokawa;
not to market all or part of the Services offered by Pokawa ;
not to deactivate, alter, disassemble, decompile or reverse engineer the Site.
ARTICLE 7 - SITE MANAGEMENT
For the proper management of the Site, Pokawa may at any time:
suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Users;
delete any information that may disrupt its operation or contravene national or international laws;
suspend the Site in order to make updates.
ARTICLE 8 - LIABILITY
Pokawa undertakes to use its best efforts to ensure the availability of the Site and the Services offered.
However, it cannot be held liable:
when the Site proves to be incompatible or presents malfunctions with certain software, configurations, operating systems or equipment of the User;
in the event of a power cut ;
in the event of the User's failure to respond or partial responses to requests for information from the Site;
in the event that the User provides erroneous or false information to the Site's requests.
The User declares that he/she is well aware of the hazards of the Internet, its characteristics and its limits, and recognises and is aware of the following in particular
the possibility of suspension or impossibility of access to the Site;
that data transmissions over the Internet are only relatively reliable technically, and may be subject to saturation at certain times of the day;
that the data circulating on the Internet are not protected against possible misappropriation;
that the Site may be subject to intrusion by unauthorised third parties and attacks of any kind.
Pokawa cannot be held responsible for this.
The equipment used by the User to connect to the Site is under his sole responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet.
Pokawa shall not be held responsible for hypertext links on the Site giving access to other websites that it does not control. As such, Pokawa is not responsible for the content and availability of these sites.
Pokawa shall not be held responsible:
for any damage resulting from information contained on the Site or from the use of such information;
for the accuracy, errors or omissions contained on this Site.
Pokawa shall bear the consequences of any damage directly attributable to it in the performance of this agreement under the conditions of common law. However, Pokawa shall not be held liable in the event of an act of the User or in the event of force majeure, as defined by Article 1218 of the Civil Code and by the case law of the French courts.
The User agrees to guarantee and indemnify Pokawa against any action or claim by a third party due to the use of the Site, the information he/she transmits to Pokawa or the breach of these GTC. In this respect, the User concerned shall be responsible for all damages and interest that Pokawa may be ordered to pay, as well as the legal costs and fees incurred by the latter. Pokawa shall inform the User concerned as soon as possible of any such claim or legal action.
ARTICLE 9 - INTELLECTUAL PROPERTY
No provision of these Terms and Conditions, nor the provision of the Site, shall be construed as implying any transfer of intellectual property rights from Pokawa to the User.
All technologies, information, data, documents, know-how and/or formulas communicated by Pokawa to the User as part of the provision of the Site, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Pokawa. Only a personal, non-exclusive, non-assignable and non-transferable right to use the Site is granted to the User.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of Pokawa's intellectual property without its prior written consent is strictly prohibited. The fact that Pokawa 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.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
Pokawa undertakes to comply with the provisions arising from 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 "GDPR"), to make all declarations and obtain the necessary consents and authorisations for the collection and processing of Personal Data and to respect and ensure that its employees respect the confidentiality and security of the Personal Data that may be collected and processed by them in the performance of this Agreement.
As part of the use of the Site and access to the Services, Pokawa is required to collect and process the User's Personal Data, in compliance with the RGPD. The Data collected are in particular the following: surname, first name, telephone number, email address, date of birth, login, password, IP address.
Pokawa uses the Personal Data thus collected for the purposes of implementing the Services for the benefit of Users, improving the functionalities of the Site or maintaining it in a secure environment.
This Data may be communicated to Pokawa's employees and any partners responsible for the execution, processing and management of the relationship with the User. Pokawa does not intend to transfer the Data collected in this way outside the European Union.
Users whose Personal Data is processed have a right of access, rectification, erasure, limitation of processing, portability of data, a right to object and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address
8 VLA POIRIER 75015 Paris.
ARTICLE 11 - TECHNICAL ASSISTANCE
For any information or complaint relating to the operation of the Site, the User is invited to send his question or complaint to the following email address: email@example.com.
ARTICLE 12 - COMPETITIONS
The "Trip to Bali" competition will run from 01/03/2022 to 31/05/2022.
Find the rules and all the conditions of the competition on this link.
The "Operation Led Media Bikes Montpellier" competition will run from 20/05/2022 to 21/05/2022.
Find the rules and all the conditions of the competition on this link.
ARTICLE 13 - APPLICABLE LAW - COMPETENT JURISDICTION
The relationship between the Parties under these GCU is subject to French law.
In the event of any dispute relating to the aforementioned relations between the Parties, in particular concerning the validity, interpretation or performance of these GCU, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
The User may send complaints by post to Pokawa, stating the difficulties or shortcomings observed, to the following address: 15 rue Montorgueil, 75002 Paris.
In the event of a response deemed unsatisfactory by the User, or if no response is received within fifteen (15) days of Pokawa's receipt of the complaint, the User may request the services of the mediator free of charge by sending a letter by e-mail to firstname.lastname@example.org or by post to the following address
Franchise Consumer Mediation Committee
29 Boulevard de Courcelles - 75008 Paris
The User must specify the subject 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 simple mail.
Within the framework of this mediation, the User 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, the costs of which shall be borne by the Party. In the event of a joint request for an expert opinion, the costs shall be shared equally between Pokawa and the User.
The outcome of the mediation shall take place within a period of ninety days from the notification of its referral by the mediator. The Parties shall be free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not mandatory. On the other hand, if the User wishes to request the services of the mediator, he/she must first send his/her complaint to Pokawa.
In the event that the User does not wish to refer the matter to the mediator, or that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to initiate proceedings before the competent court.
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