These General Terms and Conditions of Use (hereinafter the “T&Cs”) describe the terms and conditions under which the company Zéro-Gâchis SAS (hereinafter “Zéro-Gâchis”) provides services (hereinafter the “Services” ) to put in contact between Large and Medium-sized Surfaces (hereinafter “Supermarkets”) and consumers (hereinafter “Consumers”). The Supermarkets and the Consumers are therefore the users (hereinafter the “Users”). The Services are accessible to any internet user (hereinafter the “Internet users”). The Services allow Users to obtain a free list of discounts on products close to the Expiry Date (hereinafter the “EXP”) by connecting to our website (hereinafter “Website”) www.zero -gachis.com.
Access to this Service is subject to compliance with these General Conditions of Use. Any Internet user wishing to access it must have read these General Conditions of Use beforehand and undertakes to comply with them without reservation. They therefore constitute a contract between the Service and the User. In the event that the User does not wish to accept all or part of these General Conditions of Use, he is asked to renounce any use of the Service.
- Large and Medium Surface. Refers to the stores where Consumers go to shop.
- Refers to anyone buying their products in supermarkets.
- These are the consumers AND the supermarkets. Designates anyone using the Service.
- Internet user
- Refers to anyone with access to, and using the Internet.
- Expiration date. Designates the date on which a Consumer can no longer consume the product. After this date, the Consumer is exposed to an immediate danger to his health.
- Refers to the services that Zéro-Gâchis offers to Consumers free of charge, and to Supermarkets.
Zéro-Gâchis is a registered trademark at the I.N.P.I in Paris under number 3873293.
The Website www.smartway.ai is the subject of a declaration to the CNIL dated 05/28/2012 under the number 1590299.
The Website www.smartway.ai is edited by:
ZERO GACHIS SAS
Au capital de 7 500 € Incubateur Produit en Bretagne de l’ESC Brest
2, avenue de Provence
29200 Brest – France
Telephone : +33 6 74 24 38 84
The servers of the Website are hosted in Ireland by:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
Telephone : +1 206 266-4064
The publication director is:
M. Paul-Adrien Menez
6, rue François Albert
44200 Nantes – France
Telephone : +33 6 74 24 38 84
The purpose of these conditions is to allow Users to use the Services.
Zéro-Gâchis is the name of the technical platform (scripts, programs, methods) and is not limited to the sole Website www.smartway.ai.
Zéro-Gâchis provides Consumers with exclusive and free Services for listing fresh products close to their EXP in local Supermarkets. Partner Supermarkets can also take advantage of these Services, under certain conditions (For more information, contact Zéro-Gâchis at firstname.lastname@example.org ).
Anyone can access these Services as long as they have a standard internet connection. The User of this Site acknowledges having the competence and in particular the technical means necessary to access this Website, and having verified that the computer configuration used contains no virus and that it is in perfect working order. The User agrees to have verified that the configuration of their equipment will not prejudice the Service offered by the company Zéro Gâchis. Each User will have a password allowing them to access the Services – and any Internet user will be able to access part of the Services without having to log in – and may modify it at will. The User guarantees the confidentiality of the password used to access the Services and agrees to bear all the responsibilities linked to the acts committed with this password.
Article 1. Conditions of use
Zéro-Gâchis publisher of the Website www.smartway.ai, is the exclusive holder of the rights, in particular of copyright and of all other intellectual or industrial property rights relating to the Website, to its Content (such as photography, text, etc. ), its presentation and the assembly of the various elements which compose it, under the texts in force.
“Zéro-Gâchis” is a trademark registered by Zéro Gâchis. Any unauthorized reproduction of this brand, logo and distinctive signs constitutes an infringement punishable by criminal sanctions. More generally, no element composing the Website www.smartway.ai can be copied, reproduced, modified, republished, loaded, misrepresented, transmitted or distributed in any way whatsoever, in any medium whatsoever, partially or complete, without the prior written consent of Zéro-Gâchis with the exception of strict use for the needs of the press and subject to compliance with intellectual property rights and any other property rights mentioned .
The offender is liable to civil and criminal sanctions and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 et seq. Of the Intellectual Property Code. Zéro-Gâchis reserves the right to pursue any act of infringement of its intellectual property rights.
The following mention must in particular appear on any authorized copy of all or part of the content of the Website: “COPYRIGHT Zéro-Gâchis ALL RIGHTS RESERVED”. Any authorized use of the elements composing or appearing on the Site must be done without denaturing, modification or alteration in any way whatsoever.
Article 2. Personal data
2.1. Data collected
In a logic of respect for the privacy of its Users, Zéro-Gâchis undertakes that the collection and processing of personal information, carried out within this Website, be carried out in accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and liberties, known as the “Computing and Liberties” Law. The data collected (hereinafter the “Data”) and subsequently processed by Zéro-Gâchis are those that the User voluntarily transmits via the registration form to the Website www.smartway.ai and the “My Profile” page. The Data collected automatically by Zéro-Gâchis is the IP address of the User or the Internet user (address of his computer), date of registration and date of last connection, to the exclusion of all others. The User is informed that Zéro-Gâchis is likely to implement an automatic tracking process (cookie), which the User can prevent by modifying the relevant parameters of his internet browser.
2.2. Data usage
- To Analyze and Improve Our Services.
Cookies help us understand how to make our website and Services work better for You. Cookies tell us how people reach our website and our Users’ websites and they give us insights into improvements or enhancements we need to make to our website and Services.
- For Better Advertising.
Cookies can help us provide more effective advertising on our website. For example, we might use a cookie to help prevent You from seeing the same advertisement multiple times or to measure how many times an advertisement is viewed or clicked on.
These treatments were the subject of a declaration to the CNIL dated 28/05/2012 under the number 1590299.
2.3. Data recipients
User Data is not communicated to third parties. The User is however informed that they may be disclosed pursuant to a law, a regulation or by virtue of a decision of a competent regulatory or judicial authority or, if necessary, for the purposes , for Zéro-Gâchis to preserve its rights and interests. Zéro-Gâchis reserves the right, however, to sell or communicate aggregated or anonymous data to third parties.
2.4. Data retention
The Data is stored at the host of Zéro-Gâchis identified in the Legal Notices and is kept for the duration strictly necessary for the achievement of the purposes referred to above. Beyond this period, they will be kept for statistical purposes.
2.5. Access and rectification
In accordance with law n ° 78-17 of January 6, 1978, the User can at any time access the personal information concerning him held by Zéro-Gâchis, request their modification or deletion. Thus, according to articles 36, 39 and 40 of the Data Protection Act, the User can request that information concerning him which is inaccurate, incomplete, ambiguous, outdated or whose information be corrected, supplemented, clarified, updated or deleted collection or use, disclosure or retention is prohibited. The User has the possibility of exercising this right by contacting the following address directly: email@example.com or by post to Zéro-Gâchis, 6 avenue Marcelin Berthelot, 44800 Saint-Herblain France.
Article 3. Rights and obligations of Users and Internet users
3.1. Requirements for use
The User may not sell or make available to third parties, for a fee or free of charge, the Services offered by the company Zéro-Gâchis.
The User of the Site www.smartway.ai acknowledges having the skills and means necessary to access the various Sites accessible from Zéro-Gâchis. The User will have verified that the computer configuration of the internet connection used does not contain any viruses or that it is in perfect working order. Zéro-Gâchis will in no way be responsible for the malfunction of the latter.
The User undertakes in the use of the Service not to deliver to acts, of any kind whatsoever which would be contrary to French law and if necessary to the laws of the country from which he connects, which would relate infringement of French public order or the rights of a third party.
The User undertakes, when using the Services, in particular when consulting a list of products and when registering for the Services, to transmit online to Zéro-Gâchis, in the space reserved for this purpose, the personal coordinates which are requested of it and undertakes that they are exact, correct and complete and also undertakes to transmit to Zéro-Gâchis any bets up-to-date contact details, including address and postal code.
If Zéro-Gâchis believes that all or part of the information communicated to it by a User is incorrect, imprecise, not updated or incomplete, Zéro-Gâchis may on its own initiative, without notice and without prior notice to the User concerned, delete or make access impossible to all or part of its Services within the meaning of these Terms.
The user guarantees the confidentiality of the password used to access the Services and undertakes not to transmit to any third party whatsoever, including belonging to his family circle, any of his passwords and identifiers and accepts, moreover, to bear all the responsibility which would ensue from the use of these passwords and identifiers under conditions identical to those which would prevail if this use were of its fact. The User is also informed that he has the possibility of modifying his identifiers and passwords at any time on the Website www.smartway.ai in the “My Profile” section.
3.3. Property of Zéro-Gâchis
The Website www.smartway.ai, the Zéro-Gâchis brand and logo, the graphic charter of the Website www.smartway.ai, the platform of the Services referred to in these T&Cs are the exclusive property of Zéro-Gâchis which holds all applicable intellectual and industrial property rights. All the technical processes and in particular the software implemented for the operation of the Services constitute the one and only property of Zéro-Gâchis and the User undertakes to fully respect all of its rights.
As such, he acknowledges that he is the assignee of no other right than using the notably technical means made available to him by Zéro-Gâchis to use the Services. The User is informed that he is not authorized to carry out “reverse / retro engineering” of all or part of the Services and in particular of the software implemented, nor to compile or disassemble said software, nor to modify or supplement that or all or part of the Services offered.
3.4. Other commitments
The User is prohibited from using any false, fanciful identity or belonging to a third party when using the Services.
Any User undertakes not to perform any act whatsoever of use of the Services of a nature to limit, prohibit or disturb in any way whatsoever, and even temporarily the normal use by other Users of the Services and by other Internet users consult the Website www.smartway.ai. Are covered by the foregoing provisions all viruses, worms or Trojans, but also any act whatsoever that may partially or totally block all or part of the operation of the Services and the Website or degrade in any way. or any content from any other User whatsoever. Any User also refrains from sending any “spam”, any chain or “snowball” type email.
Any Internet user also refrains from collecting, using or extracting any content with the idea of constituting a database or an identical, similar or even only competitor service of the Services provided by Zero-Mess.
Any Internet user is in fact informed that the www.smartway.ai Website constitutes a database within the meaning of article L.112-3 of the Intellectual Property Code protected as such under the provisions of said code.
The User also agrees not to access the content of another User in any way without authorization, and to modify it in any way whatsoever.
Any User or Internet user also takes care to behave when using the Services not to ever damage the image or reputation of Zéro-Gâchis.
3.5. Commercial use
The Services and in particular the www.smartway.ai Website are not intended for commercial use. It is reserved for private and personal use only. Commercial use of the Website is therefore not authorized. Zéro-Gâchis reserves the right to take action against any person who uses the Services in an unauthorized manner.
It is expressly pointed out that the Internet user’s exclusive responsibility for its actions and the guarantee arising therefrom for the benefit of Zéro-Gâchis will be capable of being engaged even in the event that said actions have been limited or restricted by the Internet user under the conditions that he will have determined himself, or by Zéro-Gâchis. In addition, this responsibility and this guarantee will also be due by the Internet user in the event that access to the action in question will have had its access widened outside the will of the Internet user and subsequently an error attributable to Zéro-Gâchis. The Internet user guarantees Zéro-Gâchis against any recourse, including that of another Internet user, for any action attributable to him in accordance with these T&Cs and undertakes in this capacity in particular to bear the burden of all the convictions which may be pronounced against Zéro-Gâchis as well as all the costs which it would be brought to expose to assert its defense. If necessary, the Internet user undertakes to intervene voluntarily at the body which would be engaged against Zéro-Gâchis and offer its guarantee.
Any User shall immediately inform Zéro-Gâchis of any fact or behavior which appears to him likely to chain the suspension, the disruption or the total or partial interruption and whatever the duration of the Services or any notification which would be to him sent by any third party contesting the conformity of content with all applicable regulations and in particular with the texts referred to in the article “Rights and obligations of Users” referred to above.
Article 4. Rights and obligations of Zéro-Gâchis
Zéro-Gâchis undertakes to comply with all the provisions which apply to it arising from the law of 6 January 1978 known as Information Technology and Freedoms, modified by the law of 6 August 2004. Each User and each Internet user is informed of their rights in this respect by special notices appearing on the page(s) of the Website www.smartway.ai by which he consults or uses the Services which are the subject of these Terms.
In addition, each Internet user is informed that article 6 of the law of June 21, 2004 may compel Zéro-Gâchis to transmit, under the conditions it targets, all the information in its possession concerning the identity of any User.
Zéro-Gâchis is entitled, and will not engage its responsibility as such, demodify or interrupt all or part of the Services, limit the faculty for one of the Users to use all or part of the Services so as to avoid any misuse of said Services, to delete all or part of any content following a request based on article 6 of the law of June 21, 2004, or to make access to this content impossible, whatever the merits of the request and even in the event of a dispute by the User – and even if this deletion or this impossibility of access also prevents the User from accessing his own content, temporarily or permanently.
Zéro-Gâchis is also entitled if it wishes, spontaneously and without prior request from a third party, to delete or make access impossible to all or part of content without prior notice or prior information to the Internet user.
This intervention by Zéro-Gâchis may occur before if the Internet User uses one of the Services for the first time and may intervene afterwards if not.
The Internet user then refrains from turning against Zéro-Gâchis of whatever the consequences and presenting him with any complaint whatsoever. The User is informed that Zéro-Gâchis services hereunder consist only in providing the possibility for any Internet user to use the Services, but without ever being responsible for all or part of the content or liable to be held liable for this title, with respect to any third party, any Internet user or User.
Zéro-Gâchis does not engage its responsibility and will not undergo any consequence because of the publication and the diffusion of information, if this one is found inaccurate or incomplete once the Consumer present in the LMS partners. Zéro-Gâchis does not provide real-time service. Consumers may not find as much – or not at all – product on the shelves of partner supermarkets as those listed on the Website www.smartway.ai.
Any purchase-sale, contract subscription or possible claim on the product is made directly between you and the store. Zéro-Gâchis is also not responsible for the management of store products, purchases, supplier relations, guarantees, etc. Zéro-Gâchis is not particularly involved in issuing invoices, inventory management, loyalty cards, or product complaints. The offers offered on the Website www.smartway.ai cannot be considered firm and binding for the supermarkets or for Zéro-Gâchis. Zéro-Gâchis cannot be held responsible in the event of an error or omission: only the information present in the LMS (EXP, price, availability, brand, type of product, etc.) prevails in the event of a dispute. Zéro-Gâchis does not engage its responsibility and will not be able to undergo any consequence because of the operation possibly degraded or defective of whole or part of the Services or the technical means implemented, of the total or partial unavailability, whatever its duration , all or part of the Services or access to the Website www.smartway.ai or in the event of modification, degradation, alteration or loss of all or part of any content.
Zéro-Gâchis is bound by an obligation of means within the framework of these T&Cs and cannot in any case be responsible for any loss, damage or indirect damage of any kind whatsoever resulting from the management, use, operation, an interruption or a malfunction of the Services.
The Services are provided by Zéro-Gâchis without any guarantee of duration and Zéro-Gâchis expressly reserves the right to no longer offer all or part of the Services and even without notice and without reason. In addition Zéro-Gâchis does not provide any guarantee to Users and Internet users on the accuracy or reliability of the content and does not make any commitment to provide the Services in an uninterrupted, rapid, secure or fully compatible with the hardware and software of the User or Internet user. Zéro-Gâchis does not provide Users or Internet users with any service, advice or technical support, in particular, in the use of the Services. It is possible to consult the FAQ for frequently asked questions, and also to send an email to Zéro-Gâchis.
In addition, Users are informed and accept that Zéro-Gâchis has the ability to set up where it wishes and when it wishes any type of commercial advertising in accordance with the applicable regulations of all or part of the Services without this setting up cannot lead to any complaint whatsoever from a User.
Zéro-Gâchis offers hypertext links to websites edited and / or managed by third parties. Insofar as no control is exercised over these external resources, the User or the Internet user acknowledges that Zéro-Gâchis does not assume any responsibility relating to the provision of these resources, and cannot be held responsible for their content.
Article 5. Modification and jurisdiction
These T&Cs are governed by French law and language. The User of the Services accepts that any dispute or grievance related to the operation of all or part of the Services be settled before a jurisdiction within the jurisdiction of Zéro-Gâchis.
These T&Cs may be modified by Zéro-Gâchis at any time, in particular in the event of technical, legal or jurisprudential developments or when new services are put in place. The user must regularly check these Terms and agrees to immediately stop using the Services in the event of their disapproval, the User being required to accept these Terms without reservation. As soon as the User no longer approves these T&Cs, he undertakes to delete his account as soon as possible. The use of the Services implies acceptance by the User, of all of the stipulations described in these T&Cs and of all the modifications that Zéro-Gâchis could make.
In the event of litigation or complaints emanating from the User or the Internet user, from Zéro-Gâchis or a third party, relating to the use of the Services, only the version of these T&Cs accessible on the Website www.zero-gachis. com will be binding between the parties, regardless of the date of the disputed facts. In the absence of an amicable solution, any dispute likely to arise between the parties concerning the formation, execution, interpretation or termination-termination of the Contract will be the exclusive jurisdiction of the Court of First Instance located within the jurisdiction of the head office of Zéro-Gâchis (namely the Tribunal de Grande Instance in Brest) and this including in the event of interim measures, petitions or multiple defendants.
Article 6. Acceptance of the General Terms and Conditions of Use
The User of the Services made available to him on the Website www.smartway.ai implies acceptance of all of these T&Cs. You acknowledge and accept that Zéro-Gâchis may consider your use of all or part of the Services as an acceptance of its T&Cs, and this from their use. Zéro-Gâchis advises you to locally print or save a copy of these T&Cs for your archives.
Each Internet user is informed of the option for Zéro-Gâchis to modify these T&Cs totally or partially at any time without notice and without prior or subsequent information and that the modifications in question will come into force on their date of publication on the Website www.smartway.ai under the conditions of publication of the modified T&Cs.
Consequently, the Services covered by the previous T&Cs will be immediately subject to said modifications from this date. Modifications of the T&Cs are deemed to be accepted under the same conditions as the modified T&Cs.
Users are invited to notify Zéro-Gâchis in case of violation of these T&Cs at firstname.lastname@example.org.
A third party who wishes to put an end to what he considers as prejudice must therefore initially contact the editor of the Website ( email@example.com ). If the User or an Internet user believes that he is suffering damage as a result of the content hosted by Zéro-Gâchis, the User or the Internet user must report the abuse by sending an email to firstname.lastname@example.org.
Article 8. Force majeure
The company Zéro-Gâchis cannot be held responsible, or considered as having failed in these T&Cs, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law French courts and tribunals including the interruption, suspension, reduction or disturbance of electricity or other or any interruption of telecommunications networks.
The information will generally be relayed in the Blog of the Website www.smartway.ai section “Blog”. However, the User declares that he understands that the suppliers of the telecommunications materials, software and infrastructures used in these fields, in no case offer an absolute guarantee of the proper functioning of the Zéro-Gâchis Services. As a user of technologies or infrastructures developed and supplied by third parties, Zéro-Gâchis cannot undertake that its Services will be completely uninterrupted and without delay, especially during a “bug” or updates to the product.
Zéro-Gâchis reserves the right to make the Website or the Services temporarily unavailable for reasons of maintenance or updating procedures.
Article 9. Applicable law
These T&Cs govern the relationships of Zéro-Gâchis, Internet users and Users on the day they are posted online and are subject in all their provisions to French law and law.