GENERAL CONDITIONS OF USE
As of 1 September 2010
These General Conditions of Use govern the methods of use of the services and content accessible from a QOOQ screen and/or the website published by the company Unowhy (hereinafter “Unowhy”) accessible at the following URL: “www.qooq.com”, (referred to hereinafter by the generic term “Site”).
Access to the Site is subject to unconditional and unreserved acceptance of these General Conditions of Use.
1. Identification
1.1 The Site is published by:
Unowhy, a limited company with capital of €370,273, having its registered office at 11 Rue Tronchet 75008 Paris and listed on the Paris trade registry under the number RCS 498 645 274.
Tel.: 01 58 36 45 80
Fax.: 01 58 36 45 89
E-mail: contact@unowhy.com.
The Site’s publication manager is Mr. Jean-Yves Hepp.
1.2 The Site is hosted by:
Diabolocom
42, avenue Montaigne
75008 Paris, France
Tel: +33 (0)1 73 04 84 26
2. Service provided by the Site
The Unowhy Site allows users of a QOOQ touch screen or of the www.qooq.com website to view and purchase the QOOQ products and services (hereinafter “the Service”).
Given the evolving nature of the Internet and of our services, the Service accessible online is likely to be modified.
3. Access to the Service
3.1. The Site and the Service are in principle accessible to users 24 hours a day, 7 days a week, with the exception of:
- cases of force majeure, as defined in French case law;
- the unavailability of the electronic communications networks and access speeds required for the Site, over which Unowhy has no control;
- occasional interruptions required for the maintenance and repair of the Site and for the updating of the Service.
3.2. In order to access the Service for the purchasing of the QOOQ products and content, the user is required to enter their personal details (name, postal address, e-mail address, telephone number, etc.).
The user guarantees the accuracy of the information provided to Unowhy.
3.3 Even if you do not purchase a QOOQ touch screen or QOOQ content, you can create a completely free QOOQ account that will allow you to access 200 recipes via the Site together with a limited number of its functions.
The creation of a QOOQ account requires:
- when created via the Internet, the indication of your surname, first name, e-mail address, date of birth (optional) and a personal password;
- when created via a QOOQ touch screen, the indication of your surname, first name, e-mail address, date of birth, a personal password, your postal address and your phone number (optional);
The creation of a QOOQ account via a QOOQ screen acquired by the user also enables them to benefit from free access to the QOOQ content for a period of one month (Cf. our General Conditions of Sale).
When creating a QOOQ account, you are invited to indicate whether you wish to receive the latest information from QOOQ (on new features, special offers, etc) or commercial information from partners of Unowhy; you can change your mind about this at any time.
4. Information / Updates
4.1. Unowhy undertakes to make every effort to ensure that the information contained on this Site is accurate. However, Unowhy does not guarantee the accuracy or exhaustiveness of the documents provided on the Site.
4.2. Unowhy also reserves the right to modify the content of the Site or the descriptions and prices of the products or services contained on it, at any time and without advance notice.
4.3. Unowhy may also have cause to modify certain provisions of these General Conditions of Use, which should therefore be consulted on each visit to the www.qooq.com Site.
5. Security
It is the responsibility of the Site’s user to take all necessary precautions to protect themselves against all viruses, Trojans, spyware and malware and to put in place their own measures and software to protect their information.
Unowhy shall under no circumstances be held liable for any damage linked to slowness of transmissions, viruses, intrusion by third parties or as a result of files being lost or damaged during their transmission.
The user acknowledges that Unowhy can in no case be held liable for any damage which might result from technical operations related to maintenance, updating or repair or from any temporary unavailability of all or part of the Site or Service which might result from this.
6. Third-party companies and third-party products
The liability of Unowhy cannot be engaged in relation to hypertext links contained on its Site and leading to websites published by third parties which Unowhy does not control.
7. Structure of the Site / Configuration
Unowhy does not assume any obligation or responsibility as regards the user’s choice of the equipment and/or services (access provider, telecommunications operator, etc.) that enable them to access the Site.
Unowhy cannot be held responsible for technical problems independent of its service, such as maintenance or network problems attributable to the Internet service provider.
The user declares that they accept the restrictions and limits of the Internet, particularly in terms of data transmission.
8. Personal data
8.1. In order to purchase a QOOQ touch screen, access the QOOQ content or create a QOOQ account, you are asked to enter your personal details.
The personal data collected in this context allows your order to be processed and fulfilled.
Depending on the choices made when entering your data, you may receive newsletters from Unowhy.
8.2. The Site has been the subject of a declaration to the CNIL under the number 1330802. Unowhy informs you that you have the right of access, rectification, modification and deletion with regard to data concerning you in accordance with the legislation in force (Article 34 of the Data Protection Act of 6 January 1978 as amended). You also have the right to object to the use of your data for purposes of canvassing, in particular business canvassing.
Unowhy is the sole holder of the information concerning you. However, Unowhy informs you that exercising your right of deletion may, for technical reasons, prevent you from benefiting from the Service provided by Unowhy.
Any request to exercise your right of access, rectification, modification or deletion should be made in writing, be signed by the applicant, contain the address to which the response should be sent, be accompanied by proof of identity and be sent by post to the following address:
Société Unowhy
11 rue Tronchet
75008 Paris.
In accordance with the provisions of Decree no. 2007-451 of 25 March 2007, Unowhy will reply to your request within a period of two (2) months from its receipt, unless it is insufficiently precise or does not contain all the elements required to respond to your request, in which case Unowhy will invite you to provide additional information.
At any time, the user has the option of objecting to the use, transfer or sharing of name-based data gathered by Unowhy, whether at the time of activation of their QOOQ account or when purchasing a QOOQ product or service – by checking the box provided for this purpose – or subsequently, by sending an e-mail so indicating to the address contact@qooq.com, or a letter to Société Unowhy – service Clientèle - 11 rue Tronchet 75008 PARIS.
Users who fail to exercise the aforementioned objection shall be deemed to have authorized Unowhy to use, transfer and share name-based data collected on the user of the Site with any third party.
9. Cookies
We hereby inform you that cookies record certain information which is stored in your hard drive’s memory. This information is used by us to generate frequentation statistics for the Site and to offer you products on the basis of the items previously selected by you during past visits. These cookies do not contain confidential information concerning you.
Via your browser’s “Help” menu, you can learn how to modify your preferences in relation to cookies. However, certain functions of the Site may be rendered unusable if you choose to prohibit their saving.
For more information on cookies and their use, you can consult the information sheet produced by the Commission nationale de l'Informatique et des Libertés at the following address: http://www.cnil.fr/index.php?id=131
10. Intellectual Property
10.1. All content published on the QOOQ Site (software, updates, databases, images, recipes, photographs, logos, brands, videos, sounds, texts, analyses, graphics, documentation, etc.), together with its general structure, are the exclusive property of Unowhy and are protected by the current French and international legislation concerning intellectual property and in particular copyright, trademark law, database law and information technology law.
10.2. These General Conditions of Use do not involve any transfer or concession of rights of reproduction, representation and, more broadly, of communication to the public in any form, of the elements published on the Site or of its general structure, including all downloadable documents and graphical, iconographical and photographic representations.
10.3. In the absence of the express authorization of Unowhy, the use of this content is strictly prohibited, particularly the extraction, reproduction, representation, modification or adaptation of all or part of it, or the creation of derivative works in any format whatsoever.
Unless the express authorization of Unowhy is obtained in this regard, the full or partial reproduction or representation of the pages, data or any other element constituting the Site, irrespective of the process or medium used, is prohibited and constitutes an act of infringement.
10.4. Unowhy grants you only a non-personal, non-transferable, non-exclusive and limited right to access and display the pages of this Site, solely on your computer and for your personal usage within the family circle.
10.5. The Unowhy brand and the logos contained on the Site are patented intellectual property rights.
All full or partial reproduction or representation of these protected rights, alone or integrated with other elements, is prohibited without the express and prior authorization of Unowhy and would engage the liability of the user with regard to Articles L. 713-2 and L. 713-3 of the Intellectual Property Code.
11. Duration
Unowhy reserves the right to, at any time, suspend the user’s access to the Site and to the Service, without prejudice to damages and interest which might subsequently be legally declared:
- In the event of the non-observance of any of the obligations incumbent upon them under the terms of these General Conditions of Use;
- In the case of the violation of the intellectual property rights of Unowhy in any fashion;
-In the event of supply by the user of false, incomplete or erroneous information.
12. Responsibility
Unowhy can under no circumstances be held liable for direct, indirect, accessory, special or incidental damage irrespective of its nature (including, and without restriction, damage resulting from loss of profit, loss of data or interruption of activity) resulting from the use, or the impossibility of using, the Site, from the results of using this Site or other sites, resources connected with it or which are accessible from or via this Site, or for the use, downloading or accessing of elements of the information, products or Service.
13. Partial non-validity
Should any of the provisions of these General Conditions of Use be fully or partially cancelled, the validity of the remaining provisions of the General Conditions of Use shall be unaffected.
The fact of Unowhy not availing itself of the application of any clause of these General Conditions of Sale does not signify its waiving by Unowhy.
14. Disputes
These General Conditions of Use are subject to French law. The language of this contract is French.
Any dispute that might arise between Unowhy and a non-professional user or a consumer that cannot be settled amicably shall be submitted to the French courts.
As of 1 September 2010
These General Conditions of Use govern the methods of use of the services and content accessible from a QOOQ screen and/or the website published by the company Unowhy (hereinafter “Unowhy”) accessible at the following URL: “www.qooq.com”, (referred to hereinafter by the generic term “Site”).
Access to the Site is subject to unconditional and unreserved acceptance of these General Conditions of Use.
1. Identification
1.1 The Site is published by:
Unowhy, a limited company with capital of €370,273, having its registered office at 11 Rue Tronchet 75008 Paris and listed on the Paris trade registry under the number RCS 498 645 274.
Tel.: 01 58 36 45 80
Fax.: 01 58 36 45 89
E-mail: contact@unowhy.com.
The Site’s publication manager is Mr. Jean-Yves Hepp.
1.2 The Site is hosted by:
Diabolocom
42, avenue Montaigne
75008 Paris, France
Tel: +33 (0)1 73 04 84 26
2. Service provided by the Site
The Unowhy Site allows users of a QOOQ touch screen or of the www.qooq.com website to view and purchase the QOOQ products and services (hereinafter “the Service”).
Given the evolving nature of the Internet and of our services, the Service accessible online is likely to be modified.
3. Access to the Service
3.1. The Site and the Service are in principle accessible to users 24 hours a day, 7 days a week, with the exception of:
- cases of force majeure, as defined in French case law;
- the unavailability of the electronic communications networks and access speeds required for the Site, over which Unowhy has no control;
- occasional interruptions required for the maintenance and repair of the Site and for the updating of the Service.
3.2. In order to access the Service for the purchasing of the QOOQ products and content, the user is required to enter their personal details (name, postal address, e-mail address, telephone number, etc.).
The user guarantees the accuracy of the information provided to Unowhy.
3.3 Even if you do not purchase a QOOQ touch screen or QOOQ content, you can create a completely free QOOQ account that will allow you to access 200 recipes via the Site together with a limited number of its functions.
The creation of a QOOQ account requires:
- when created via the Internet, the indication of your surname, first name, e-mail address, date of birth (optional) and a personal password;
- when created via a QOOQ touch screen, the indication of your surname, first name, e-mail address, date of birth, a personal password, your postal address and your phone number (optional);
The creation of a QOOQ account via a QOOQ screen acquired by the user also enables them to benefit from free access to the QOOQ content for a period of one month (Cf. our General Conditions of Sale).
When creating a QOOQ account, you are invited to indicate whether you wish to receive the latest information from QOOQ (on new features, special offers, etc) or commercial information from partners of Unowhy; you can change your mind about this at any time.
4. Information / Updates
4.1. Unowhy undertakes to make every effort to ensure that the information contained on this Site is accurate. However, Unowhy does not guarantee the accuracy or exhaustiveness of the documents provided on the Site.
4.2. Unowhy also reserves the right to modify the content of the Site or the descriptions and prices of the products or services contained on it, at any time and without advance notice.
4.3. Unowhy may also have cause to modify certain provisions of these General Conditions of Use, which should therefore be consulted on each visit to the www.qooq.com Site.
5. Security
It is the responsibility of the Site’s user to take all necessary precautions to protect themselves against all viruses, Trojans, spyware and malware and to put in place their own measures and software to protect their information.
Unowhy shall under no circumstances be held liable for any damage linked to slowness of transmissions, viruses, intrusion by third parties or as a result of files being lost or damaged during their transmission.
The user acknowledges that Unowhy can in no case be held liable for any damage which might result from technical operations related to maintenance, updating or repair or from any temporary unavailability of all or part of the Site or Service which might result from this.
6. Third-party companies and third-party products
The liability of Unowhy cannot be engaged in relation to hypertext links contained on its Site and leading to websites published by third parties which Unowhy does not control.
7. Structure of the Site / Configuration
Unowhy does not assume any obligation or responsibility as regards the user’s choice of the equipment and/or services (access provider, telecommunications operator, etc.) that enable them to access the Site.
Unowhy cannot be held responsible for technical problems independent of its service, such as maintenance or network problems attributable to the Internet service provider.
The user declares that they accept the restrictions and limits of the Internet, particularly in terms of data transmission.
8. Personal data
8.1. In order to purchase a QOOQ touch screen, access the QOOQ content or create a QOOQ account, you are asked to enter your personal details.
The personal data collected in this context allows your order to be processed and fulfilled.
Depending on the choices made when entering your data, you may receive newsletters from Unowhy.
8.2. The Site has been the subject of a declaration to the CNIL under the number 1330802. Unowhy informs you that you have the right of access, rectification, modification and deletion with regard to data concerning you in accordance with the legislation in force (Article 34 of the Data Protection Act of 6 January 1978 as amended). You also have the right to object to the use of your data for purposes of canvassing, in particular business canvassing.
Unowhy is the sole holder of the information concerning you. However, Unowhy informs you that exercising your right of deletion may, for technical reasons, prevent you from benefiting from the Service provided by Unowhy.
Any request to exercise your right of access, rectification, modification or deletion should be made in writing, be signed by the applicant, contain the address to which the response should be sent, be accompanied by proof of identity and be sent by post to the following address:
Société Unowhy
11 rue Tronchet
75008 Paris.
In accordance with the provisions of Decree no. 2007-451 of 25 March 2007, Unowhy will reply to your request within a period of two (2) months from its receipt, unless it is insufficiently precise or does not contain all the elements required to respond to your request, in which case Unowhy will invite you to provide additional information.
At any time, the user has the option of objecting to the use, transfer or sharing of name-based data gathered by Unowhy, whether at the time of activation of their QOOQ account or when purchasing a QOOQ product or service – by checking the box provided for this purpose – or subsequently, by sending an e-mail so indicating to the address contact@qooq.com, or a letter to Société Unowhy – service Clientèle - 11 rue Tronchet 75008 PARIS.
Users who fail to exercise the aforementioned objection shall be deemed to have authorized Unowhy to use, transfer and share name-based data collected on the user of the Site with any third party.
9. Cookies
We hereby inform you that cookies record certain information which is stored in your hard drive’s memory. This information is used by us to generate frequentation statistics for the Site and to offer you products on the basis of the items previously selected by you during past visits. These cookies do not contain confidential information concerning you.
Via your browser’s “Help” menu, you can learn how to modify your preferences in relation to cookies. However, certain functions of the Site may be rendered unusable if you choose to prohibit their saving.
For more information on cookies and their use, you can consult the information sheet produced by the Commission nationale de l'Informatique et des Libertés at the following address: http://www.cnil.fr/index.php?id=131
10. Intellectual Property
10.1. All content published on the QOOQ Site (software, updates, databases, images, recipes, photographs, logos, brands, videos, sounds, texts, analyses, graphics, documentation, etc.), together with its general structure, are the exclusive property of Unowhy and are protected by the current French and international legislation concerning intellectual property and in particular copyright, trademark law, database law and information technology law.
10.2. These General Conditions of Use do not involve any transfer or concession of rights of reproduction, representation and, more broadly, of communication to the public in any form, of the elements published on the Site or of its general structure, including all downloadable documents and graphical, iconographical and photographic representations.
10.3. In the absence of the express authorization of Unowhy, the use of this content is strictly prohibited, particularly the extraction, reproduction, representation, modification or adaptation of all or part of it, or the creation of derivative works in any format whatsoever.
Unless the express authorization of Unowhy is obtained in this regard, the full or partial reproduction or representation of the pages, data or any other element constituting the Site, irrespective of the process or medium used, is prohibited and constitutes an act of infringement.
10.4. Unowhy grants you only a non-personal, non-transferable, non-exclusive and limited right to access and display the pages of this Site, solely on your computer and for your personal usage within the family circle.
10.5. The Unowhy brand and the logos contained on the Site are patented intellectual property rights.
All full or partial reproduction or representation of these protected rights, alone or integrated with other elements, is prohibited without the express and prior authorization of Unowhy and would engage the liability of the user with regard to Articles L. 713-2 and L. 713-3 of the Intellectual Property Code.
11. Duration
Unowhy reserves the right to, at any time, suspend the user’s access to the Site and to the Service, without prejudice to damages and interest which might subsequently be legally declared:
- In the event of the non-observance of any of the obligations incumbent upon them under the terms of these General Conditions of Use;
- In the case of the violation of the intellectual property rights of Unowhy in any fashion;
-In the event of supply by the user of false, incomplete or erroneous information.
12. Responsibility
Unowhy can under no circumstances be held liable for direct, indirect, accessory, special or incidental damage irrespective of its nature (including, and without restriction, damage resulting from loss of profit, loss of data or interruption of activity) resulting from the use, or the impossibility of using, the Site, from the results of using this Site or other sites, resources connected with it or which are accessible from or via this Site, or for the use, downloading or accessing of elements of the information, products or Service.
13. Partial non-validity
Should any of the provisions of these General Conditions of Use be fully or partially cancelled, the validity of the remaining provisions of the General Conditions of Use shall be unaffected.
The fact of Unowhy not availing itself of the application of any clause of these General Conditions of Sale does not signify its waiving by Unowhy.
14. Disputes
These General Conditions of Use are subject to French law. The language of this contract is French.
Any dispute that might arise between Unowhy and a non-professional user or a consumer that cannot be settled amicably shall be submitted to the French courts.
