Terms and conditions

GENERAL CONDITIONS OF SERVICE (CGS)

These CGS, as well as the CGU which are an integral part of the CGS, govern all the services offered on the website PETITCHEF accessible at the address en.petitchef.com (hereinafter the "Site"). They are concluded without reserve between on the one hand, the Member of the community PETITCHEF and on the other hand, MADEINWORK, SARL whose registered office is at 10 avenue Roger Lapebie, 33140 VILLENAVE D'ORNON and registered with the RCS of Bordeaux under number 491 088 597, with a capital of 6,660 euros and intra-community VAT number: FR 24491088597, hereinafter individually or collectively referred to as the "Party(ies).


PREAMBLE AND PURPOSE

PETITCHEF is a platform that allows Members to benefit free of charge from various services related to the consultation and publication of cooking recipes, defined below. The purpose of the CGS is to set the contractual provisions relating to the respective rights and obligations of the Parties when using the Site by Members.


ARTICLE 1. DEFINITIONS

ACCOUNT PETITCHEF: designates the interface in which all the information relating to a Member is grouped, such as the information requested from him when registering.

MEMBER: designates the natural person having a PETITCHEF Account. The Member guarantees MADEINWORK and ensures that he has the legal capacity to consent to the CGS and CGU or the authorization of his legal representative

SITE: refers to the website accessible at the address en.petitchef.com and grouping together all the web pages hosted and offered by MADEINWORK to Internet users for:

  • Consult cooking recipes;
  • Create an Account;
  • Edit / Rate / Comment on a recipe;
  • Build an online recipe book;
  • Receive the menu of the day;
  • Subscribe to the newsletter;
  • Request registration of a third-party website/blog on the Site.

ARTICLE 2. REGISTRATION CONDITIONS

The Member declares to hold all the rights to be able to use the services offered by MADEINWORK. The Member guarantees MADEINWORK and ensures that he has the legal capacity to be able to register on the Site or the authorization of his legal representative.

To be able to register on the Site, the Member must have unreservedly accepted these CGS and the CGU and acknowledges that these two documents express all of the obligations between him and MADEINWORK.

A username and password will then be assigned to the Member's account. This information is strictly personal. As such, any operation carried out from his Account PETITCHEF is presumed to be carried out by the Member himself.

In the event of loss or theft of identifiers, MADEINWORK should be notified as soon as possible at [email protected], mentioning “LOSS OF IDENTIFIERS” in the subject line.


ARTICLE 3. RIGHTS AND OBLIGATIONS OF MEMBERS

Transparency with the PETITCHEF community: The Member will be asked to provide information allowing him to be identified by registering on the Site. The information that the Member provides to MADEINWORK during registration must be complete, accurate and up-to-date. MADEINWORK reserves the right to ask the Member to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

Post content (recipes, comments, evaluation, hypertext links…): The Member can post Content provided that he has all the rights to the content posted on the Site. The Member guarantees that this content is not likely to mislead Internet users, disturb public order or morality and does not violate the rights of a third party, in particular intellectual property. The Member is solely responsible for the content he posts and thus guarantees MADEINWORK against any action brought on content posted in violation of the CGS.

By accepting these CGS and by publishing content, such as a cooking recipe, a photograph and/or a video, the Member grants to MADEINWORK, free of charge, the right of representation and reproduction of its content, on all paper and electronic media, for the purpose of promoting the Site and/or MADEINWORK's activity, for the duration of the Member's registration on the Site, for all countries from which the Site is accessible.

For example, the Member can illustrate his recipe with photographs and/or a video, which increases the consultation rate of his recipe. To do this, the Member may upload his own illustrations or use those offered by the Site. In all cases, the quality, size or layout of the published artwork will depend on the quality of the artwork uploaded by the Member.

Another example, the Member can also insert hypertext links in his recipes and posted content, in this case, the Member is solely responsible for these elements that he puts online and guarantees MADEINWORK against any action by a third party against against them.

Rating Recipes: Recipes are only rated by Members who have tried these recipes. As such, the Member cannot oppose the publication of an evaluation concerning his recipe, unless this evaluation is manifestly illegal content. The Member must then follow the procedure for reporting illegal content.

If a recipe has too many negative comments, MADEINWORK may, at its discretion, delete the recipe and the related comments, without entitling the Member to compensation for any actual or potential damage.

Respect the PETITCHEF community - The Member agrees to:

  • comply with all applicable laws and regulations;
  • use the Site and the services it offers in accordance with the use for which they are defined. Any diversion, in particular commercial, is prohibited;
  • not to broadcast content in violation of the laws and regulations in force (e.g. ban on broadcasting images that are shocking, defamatory or harmful to the integrity of persons or property; ban on broadcasting a recipe or photograph in violation of the intellectual property rights of a third party).
  • never slow down, disrupt and in any case not impair the operation of the Site;
  • alert MADEINWORK if posted content is contrary to the regulations in force and to good morals;
  • choose a nickname that does not infringe the rights of third parties. The Member shall in particular refrain from any identity theft;
  • keep his identifiers confidential because the Member is solely responsible for any damage caused by the use of the Site with his identifiers.

Warning: the Member acknowledges, accepts and understands that in the event of a complaint about disputed content that he has posted, MADEINWORK may automatically delete content posted by the Member, without the Member can claim any potential or proven damages.


ARTICLE 4. OBLIGATIONS OF MADEINWORK

MADEINWORK undertakes to implement all means to ensure continuity of access and use of the Site, 7 days a week and 24 hours a day.

MADEINWORK is not required to check the content posted on the Site, such as recipes posted by Members or their comments. Indeed, it is recalled that MADEINWORK is a host within the meaning of article 6 I 2) of the law of June 21, 2004. As such, MADEINWORK undertakes to promptly remove any manifestly illegal content as soon as it becomes aware of it. knowledge under the conditions provided for in the CGS.

In the event of notification of illegal content or violation of these CGS, MADEINWORK reserves the right to take the following measures against the Member concerned:

  • Delete/block content uploaded by the Member;
  • Suspend/Delete Member's PETITCHEF Account.

Members subject to sanctions agree not to open a new PETITCHEF Account on the Site.

In any case, MADEINWORK may have to delete a PETITCHEF Account in the following four cases:

  • at the request of the Member;
  • after two consecutive years of not logging in to Account PETITCHEF;
  • following a violation of the CGS;
  • pursuant to a decision of an administrative, judicial or arbitration authority.

Once the PETITCHEF Account is deleted, no information will be kept, except for legal obligations of MADEINWORK.


ARTICLE 5. LIABILITY

MADEINWORK declines all responsibility in the event of:

  • impossibility of temporarily accessing the Site, in particular for technical maintenance operations or updating published information;
  • viral attacks;
  • incomplete or erroneous information from an Internet user;
  • error on content, even editorials;
  • misunderstanding between Members or between a Member and a third party;
  • unlawful or inappropriate comments;
  • abnormal or unlawful use of the Site.

The Member is then solely responsible for damages caused to third parties and the consequences of claims or actions that may result.

MADEINWORK draws Members' attention to the fact that the photographs and videos posted on the Site, among other things to illustrate recipes and news, are non-contractual and cannot engage its liability.

It is also specified that MADEINWORK does not control the websites which are directly or indirectly linked to the Site (eg blogs and/or websites of partners and Members). Consequently, it excludes all liability for the information published therein. Links to these websites are provided for information purposes only and no guarantee is given as to their content. As such, MADEINWORK cannot be held responsible, among other things, for the content of these sites, their quality, the veracity of their offers or any relationship entered into via these sites.


ARTICLE 6. PERSONAL DATA

MADEINWORK is responsible for processing the data collected on the Site. These data are processed to ensure the proper functioning of the Site but also to respond to requests from Members. This processing of personal data has been declared to the CNIL.

The data is collected in particular via navigation on the Site (example: IP address), the opening of an Account PETITCHEF or via the collection forms present on the Site. These data are essential for processing Members' requests and are not transmitted to third parties, except with the prior agreement or information of the Members.

In addition, during visits to the Site, a cookie may be automatically installed on the Member's browser software. The cookie makes it possible to collect information relating to the navigation of the Member on the Site. The configuration of the navigation software makes it possible to inform of the presence of cookies and to refuse it. However, certain features of the Site can no longer be used if the Member refuses their installation. For more information on cookies and their use: https://www.cnil.fr.

Each Member has the right to query, rectify, delete their data (including data from cookies) or object for legitimate reasons to the use of their data. All of these rights can be exercised at the email address [email protected], specifying in the subject of the message "My data" and attaching a copy of their identity document.


ARTICLE 7. INTELLECTUAL PROPERTY – HYPERTEXT LINKS

Content protection: The CGU are an integral part of the CGS and, as such, are fully applicable to the ownership of the Site's content and its use. As a reminder, the Site contains recipes, brands, editorial content, articles, description, designs, graphics, photographs, drawings and models, videos, software, music and sounds, ideas, and other content (the "Content") protected by the intellectual property right, trade secrets and/or by any other exclusive right, and these rights are legitimate and acknowledged.

The Content is protected by the laws in force in France (and if applicable, by all similar laws abroad), and is the exclusive property of MADEINWORK and/or its partners and/or a Member, and may not be reproduced, used or represented, in whole or in part, without their express prior adequate authorization under penalty of legal proceedings, in particular for counterfeiting and parasitism.

As such, the Member is not authorized to use, reproduce or represent all or part of the elements of the Site.

Warning: the fact of downloading an element of the Site on his computer, does not confer any right of ownership on this element.

MADEINWORK expressly prohibits:

  • the permanent, temporary or occasional extraction of all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site;
  • reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site.

Hypertext link: Any creation of links to the Site and more generally any use of an element making up the Site is subject to the prior written authorization of MADEINWORK, which may be revoked at any time. at its sole discretion, notwithstanding any claim for damages for damages suffered as a result.


ARTICLE 8. GENERAL PROVISIONS

Modification: MADEINWORK reserves the right to modify these CGS at any time. The changes made will come into effect as soon as they are posted online. Members will be informed of changes to the CGS and must renew their subscription to these CGS.

Nature: The Parties further declare that these CGS can in no way be considered as an act constituting any legal entity, and that any form of "affectio societatis" is formally excluded from their relationship. The CGS do not confer any exclusivity as to the provision of services or guarantee of quality between the Parties.

Non-waiver: The fact that one of the Parties has not required the application of any clause of these CGS, whether permanently or temporarily, cannot no case shall be deemed a waiver of said clause.

Independence of the articles: If any of the stipulations of these CGS were to be void with regard to a legislative or regulatory provision in force and/or a court decision having authority res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable. The Parties will come together in this case to agree on a new provision to replace the one declared null and void, it being understood that the new provision must respect as much as possible the spirit and the economic impact on the Parties of the replaced provision.


ARTICLE 9. LAW - JURISDICTION

EXCEPT EXPRESS STIPULATIONS OF PUBLIC ORDER, THE CGS ARE GOVERNED AND THEREFORE SUBJECT TO FRENCH LAW. IN THE EVENT OF A DISPUTE ON THEIR IMPLEMENTATION, EXECUTION OR INTERPRETATION, AND IN THE ABSENCE OF AMICABLE AGREEMENT, THE COMPETENT COURTS ARE THE FRENCH COURTS.