General terms of use for the website

QR Nutri

General conditions of use of the website

Definitions

QRnutri
Computer system administered and hosted by PROOFTAG, accessible in SaaS mode from a web browser that allows you to create and manage User Profiles, Nutrition Sheets and related QR Codes.

User
Companywith an intra-community European VAT number using QRnutri services. The user is a company active in the sector of production, distribution, sale of alcoholic beverages.

Profil User
Pages presenting the legal datarelating to the User

QR Code Nutrition
Two-dimensional code readable by optical equipment such as a reader or smartphone containing a hypertext link to a Nutritional Domain.

Nutrition Fact Sheet
Web page presenting data relating to the composition and nutritional value of the User’s product

Nutritional values
Energy value in KJ or KC per quantity of product.

Consumers
Person using a smartphone to scan a Nutritional QR Code and access a Nutrition Sheet and the corresponding User Profile.

Article 1 : Purpose

The purpose of these General Terms and Conditions of Use (“GTCU”) is to organize the terms and conditions under which PROOFTAG provides Users (‘) with access to its website (the Site) and its services accessible at the www.qrnutri.com address.

The purpose of the Site is to create and manage User Profiles, Nutrition Sheets and the generation of related QR Codes for the alcoholic beverage sector.
These T&Cs may be modified unilaterally and without notice by the Publisher, the User is therefore advised to check frequently if these have not been modified. By browsing the site, the User acknowledges having read these Terms and accepts them without reservation.

The applicable GTCU are those in force and published on the Site at the time of access in question by the User.
PROOFTAG reserves the right to accept or reject a User who does not comply with the said Terms.

Article 2 : Description of the Public Generator service

QRnutri is a service for the creation and management of Nutritional Fact Sheets and the creation of Nutritional QR Codes.

The site allows you to enter and record the nutritional data of an alcoholic beverage on a Nutrition Sheet and to calculatethe N utritional Values. The site records this data and generates a Nutritional QR Code allowing quick access to this data with a smartphone.

The Nutrition QR Code contains the hyperlink that allows NutritionControllers to quickly access the Nutrition Fact Sheet from a smartphone with an Internet connection.

Article 3 : How to register and unsubscribe

The creation of a professional space is mandatory to use the features of the site.
The personal data collected during the creation of this professional space will be managed in accordance with our Privacy Policy.

When creating this professional space you will be asked to create a password. You are solely responsible for maintaining theconfidentiality of this password.

The Publisher rejects all responsibility for the possible usurpation of your identity and the use of your personal space by a third party on the qrnutri.com site.

If you wish to delete your personal space, please let us know by email: contact@prooftag.com

Article 4 : Conduct of Users of the Site

By using the Site, you agree not to assertagainst the Site any unfair, abusive or criminal behavior, including constituting offences punishable by law.

Examples: denial-of-service attacks, identity theft, attempted infiltration into the Publisher’s automated data processing systems and information systems, abusive or defamatory behavior against the Site or Site Users, transmission of unsolicited advertising or promotional elements, transmission of logic viruses they or other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, etc.

You are solely responsible for setting up the computer and telecommunications means allowing access to the Site.
The user is solely responsible for the veracity of the data recorded on the site.

Prooftag cannot be held liable if the data communicated and stored is incorrect.

Article 5 : Intellectual property

PROOFTAG is the owner of all intellectual property rights relating to the Site and the QRnutri trademarks.

The entire QRnutri site (structure, presentation and content) constitutes works protected by French and international legislation in force on copyright and, in general, on intellectual property.
The general structure of the Site, but also the elements accessible on the Site, in particular in the form of texts, photographs, animated or non-animated images, icons, maps, sounds, videos, software, database, data and all other elements composing the Site are the exclusive property of the Publisher.

All rights, including in particular exploitation rights, reproduction and extraction rights on any medium, of all or part of the data, files and all elements appearing in the web pages of this site, as well as the rights of representation and reproduction on any medium, of all or part of the site itself, the rights of modification, adaptation or translation, are reserved exclusively for the publisher, – and any of its beneficiaries – and this, subject to the pre-existing rights of third parties who have authorized the digital reproduction and / or integration into this site, by the publisher, of their works of any nature whatsoever.

Any reproduction, representation, distribution or redistribution, total or partial, of an element of this site by any process whatsoever without the express prior authorization of the publisher is prohibited, and would constitute an infringement punishable by articles L 335-2 and following of the Intellectual Property Code.
The trademarks of the publisher of the site and its partners, as well as the company names and logos appearing on the site are protected. Any total or partial reproduction of these trademarks or logos, made from the elements of the site without the express authorization of the publisher or his successors in title is therefore prohibited, within the meaning of Article L 713 – 2 of the Intellectual Property Code.

The User is informed that the word “QR Code” is an international trademark registered by the company KABUSHIKI KAISHA DENSO (DENSO CORPORATION) which has reserved its use.
The User declares that he has sufficient rights to authorize Prooftag to record data and then generate a Nutritional QR Code creating a link to Nutrition Sheets as part of the provision of the Service. In addition, the User acknowledges and accepts that the dissemination of Nutritional QR Codes by any means whatsoever is carried out under his sole responsibility and control. As such, the User undertakes to identify and guarantee PROOFTAG from any recourse by third parties.

PROOFTAG grants the User the right to reproduce and represent each QR Code generated through the Platform on any medium of his choice, without limit of number or format, worldwide and this, during the term of protection applicable to these works.

Consequently, PROOFTAG cannot be held liable for infringement or unfair competition actions against the User concerning the veracity of the data accessible via QR Codes

Article 6 : Hypertext links

The Site may offer links to other websites or applications or other sources of information managed by partner sites. Insofar as the Publisher cannot exercise control over these partner services and external sources,it makes no commitment as to the availability and content of these sites and external sources, and declines all responsibility for the content, advertising, products, services or any other material available on or from these sites or external sources.

The Publisher also declines all liability for damage or loss, proven or alleged, resulting from or in connection with the use, or with the fact of having trusted the content, goods or services available on these partner services or external sources.
The site offers Users to save on their User Profile and on their Nutritional F iches hypertext links to their website or to the website presenting theirproducts. It is the User’s responsibility to provide a correct and enjoyable link.

The establishment of links to the Site is not subject to any prior agreement, but the person who makes it undertakes to comply with the legislation in force. Only the explicit mention of the Site in the title of the link is required. It is advisable to display the Site in a new browser window or tab and not to use the framing technique. However, the Publisher reserves the right to request the removal of a link that it considers not in accordance with the purpose of the Site (in particularthese Terms), defaming, infringing, parasitizing or infringing its rights or those of third parties.

In any case, deep links to the Site are expressly prohibited

Article 7 : Limitation of liability

1. Limitation of the operation of the Site

The Publisher undertakes to ensure the proper functioning of the Site, however its responsibility can not be engaged for any inconvenience or damage that the User may suffer as a result of the use of the Site or the inconveniences or damages inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

The publisher strives to offer permanent access to the site, 24 hours a day, 7 days a week. However, access to the site may be suspended, at any time and without notice, in particular due to breakdowns, failures or paralysis of the network, the system and / or the means of communication, as well as because of maintenance interventions and corrections made necessary by the update and proper functioning of the site.

2. Limitation of liability as to the purpose of the site
The Publisher is not liable for any direct or indirect damage originatingin the use of the Site that does not comply with these Terms.
In general, the Publisher makes no guarantee as to the conditions of dissemination, the quality of distribution and transmission, or the accessibility of the content published on the Site.

The content made available on the Site is provided for informational purposes.

The Publisher cannot be held liable for information, opinions and recommendations made by third parties.

In addition, the Publisher will not, in the event of adelay or delay in the performance of its obligations, in the event of:
– Fault, negligence, omission or default of a User;
– Fault, negligence, omission or default of a third party, over which the Publisher has no power of control and supervision.

3. Duration of commitment
The publisher undertakes to provide the free service without limit of duration within the limits of its means.

Article 8 : Personal data

The Publisher collects and processes personal data as part of the exploitation of the site, according to the methods identified in the privacy policy and in the cookies policy.

Article 9 : Miscellaneous

1. Duration
The These T&Cs remain enforceable against you as long as you are a User of the Site.

2. Tolerance
The fact that one of the Parties does not require at any time the strict performance by the other Party of any provision or condition of theseTerms shall not be deemed to constitute a definitive waiver of such provision or condition.

3. Invalidity of a clause
If any of the non-essential clauses of the GTCU prove to be null and void or unenforceable under a law or regulation or as a result of an enforceable decision of a court or competent authority, the Parties expressly agree that these terms and conditions will not be affected by the nullity of the clause in question.

Article 10 : Applicable law – Jurisdiction

The present GTCU are subject to French law, both for the substantive rules and for the rules of form, regardless of the country of residence of the User.

In the event of a dispute, express jurisdiction is attributed to the Commercial Court of Montauban (82), notwithstanding multiple defendants or third-party claims, even for emergency procedures or protective proceedings, by referral or request.