Terms and conditions of use

ARTICLE 1 - DEFINITIONS

Order: shall mean any order for Take-Out Products placed on the Site with a Pokawa Point of Sale.

Account: refers to the personal space that the User can create on the Site to access the Product Ordering service, 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 when the User uses the Site.

Pokawa: a simplified joint stock company with capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 830 213 203, with its registered office at 8 VLA POIRIER 75015 PARIS.

Point of Sale: refers to a commercial premises where a Pokawa business is operated.

Products: shall designate all products offered for sale on the Site.

Services: refers to the various functions and services offered on the Site.

Site: refers to the Internet site accessible at the following URL address: https://pokawa.be.

User: refers to any natural person browsing the Site.

ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GGU

The purpose of these General Terms and Conditions of Use (hereinafter the "GTCU") is to define and govern the rights and obligations of the Parties with regard to the use of the Site by the User.

By using the Site, the User accepts these GCU. They are applicable throughout the User's use of the Site and Services.

The version of the GTU 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 GTU at any time, and they will come into force as soon as they are published on the Site.

No tolerance regarding the application of the provisions of the GTCU may be interpreted as a waiver by Pokawa of its right to invoke such provisions 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.

Any commercial relationship entered into between the User and Pokawa is 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 enables Users to access and benefit from the following Services:

subscribe to the Pokawa newsletter;

sign up for the loyalty programme to receive special offers;

access Pokawa's social network accounts;

find a point of sale ;

placing takeaway orders;

to order 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 explicit or implicit guarantee 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

The Site is accessible to all Users. Users acknowledge that they have the skills and resources required to access and use the Site.

ARTICLE 5 - USER ACCOUNT

To place an Order for Products on the Site, Users can create or log in to their Account using their 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 for doing so.

In the same way, the User is responsible for maintaining the confidentiality of his/her connection identifiers and in particular his/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 any breach of these GTUs and/or any 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 and using the Site, the User undertakes to :

report any malfunction to Pokawa immediately;

use the Site in accordance with public order and morality, and in a manner that is not abusive or illicit;

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 or in any other way 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 falsely represent 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, dismantle, 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, or restrict access to the Site, or to certain parts of the Site, to a specific category of Users;

delete any information that could disrupt its operation or contravene national or international laws;

suspend the Site in order to carry out 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:

if the Site proves to be incompatible or malfunctions with certain software, configurations, operating systems or the User's equipment;

in the event of a power cut ;

if the User fails to respond or responds only partially to requests for information from the Site;

if the User provides incorrect or false information in response to requests from the Site.

The User declares that he/she is fully aware of the hazards of the Internet, its characteristics and limitations, and acknowledges and is aware in particular of the following:

the possibility of suspension or impossibility of access to the Site;

that data transmissions over the Internet are only relatively reliable from a technical point of view, and may be subject to saturation at certain times of the day;

that data circulating on the Internet is not protected against possible misappropriation;

that the Site may be subject to intrusion by unauthorised third parties and to attacks of any kind whatsoever.

Pokawa may not be held liable in this respect.

The equipment used by the User to connect to the Site is the User's sole responsibility. Users must take all appropriate measures to protect their equipment and their own data, in particular from viral attacks via the Internet.

Pokawa cannot be held responsible for hypertext links present on the Site giving access to other websites that it does not control. As such, Pokawa is not responsible for the content or availability of these sites.

Pokawa cannot be held responsible:

for any damage whatsoever 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 context of the performance of this agreement, in accordance with the conditions of common law. However, Pokawa may 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 French 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 pay all damages and interest that Pokawa may be ordered to pay, as well as the legal costs and fees incurred by Pokawa. Pokawa will inform the User concerned as soon as possible of any such claim or legal action.

ARTICLE 9 - INTELLECTUAL PROPERTY

None of the provisions herein, nor the availability of the Site, may be interpreted 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 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 consents and authorisations necessary for the collection and processing of Personal Data and to respect and ensure that its employees respect the confidentiality and security of Personal Data that may be collected and processed by them in the performance of the present Agreement.

As part of using the Site and accessing the Services, Pokawa collects and processes the User's Personal Data, in compliance with the RGPD. The Data collected is notably the following: surname, first name, telephone number, email address, date of birth, username, password, IP address.

Pokawa uses the Personal Data collected in this way 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, deletion, 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:

POKAWA SAS

8 VLA POIRIER 75015 Paris.

ARTICLE 11 - TECHNICAL ASSISTANCE

For any information or complaint relating to the operation of the Site, Users are invited to send their questions or complaints to the following email address: serviceclient@pokawa.be.

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 at this link.

The "Opération 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 at this link.

ARTICLE 13 - APPLICABLE LAW - JURISDICTION

The relationship between the Parties under these GCU is governed by French law.

In the event of any dispute arising between the Parties in connection with the aforementioned relationship, in particular as regards the validity, interpretation or performance of these GCU, the Parties shall endeavour in good faith to reach an amicable agreement that will enable the difficulty to be resolved.

The User may send any complaints by post to Pokawa, stating the difficulties or shortcomings observed, at 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 receipt of the complaint by Pokawa, the User may request the services of the mediator free of charge by sending a letter by e-mail to 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 User 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 User may be assisted by any person of his/her choice or be represented by a lawyer at his/her own expense.

Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs shall be shared equally between Pokawa and the User.

The mediation shall be concluded within ninety 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 User wishes to request the services of a mediator, he/she must first send his/her complaint to Pokawa.

If the User 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 will be free to bring proceedings before the competent court.