Applicable as of 1st July 2019
Welcome to FRIGO MAGIC !
FRIGO MAGIC’s application allows you to access easy-to-follow recipes, so you can prepare quick, inexpensive meals in your own kitchen, while reducing food wastage.
These Terms and Conditions of Use define your rights and obligations and those of FRIGO MAGIC when you access and use the FRIGO MAGIC application.
“Application” means the FRIGO MAGIC application downloaded on the User’s Terminal from the APP STORE and GOOGLE PLAY distribution platforms.
“T&CU” or the “Agreement” means these terms and conditions of use governing your access to and use of the Application and the Services, as well as the rights and obligations of FRIGO MAGIC and of the User hereunder. The T&CU shall also apply to any update and/or upgrades provided by FRIGO MAGIC to replace and/or add to the version of the Application as it stands on the date of entry into force of these Terms and Conditions of Use.
“FRIGO MAGIC” means the FRICO MAGIC company, registered with the Rennes Trade and Company Register under n°811 788 231, and having its registered place of business at 31 rue du Maréchal Joffre, 35000 RENNES.
“Ingredients” means the ingredients, foodstuffs and processed products preselected by FRIGO MAGIC and suggested to the User under the Services provided. The ingredients may include products sold by FRIGOMAGIC’s partners.
“Products” means the foodstuffs and processed products stored by the User (in his/her refrigerator and cupboards) at the date of use of the Application.
“Recipes” means the cookery recipes suggested to the User by FRIGO MAGIC and incorporating the Ingredients and all or some of the Products entered by the User via the Application.
“Services” means the Application’s features and services, as defined in Article 3.
“Terminal” means the User’s digital terminal (e.g. a smartphone or tablet equipped with an IOS or Android operating system) that he or she uses to connect to the Internet or to any other mobile telephone network and designed to run with the latest versions of the operating systems available at the time of entry into force of the T&CU.
“User” means the natural person aged fifteen (15) and over or duly authorized by their legal guardian, who is using the Application and the Services for his or her own personal usage in a non-professional capacity.
2. Acceptance of the Terms and Conditions of Use
On first using the Application, by ticking the box entitled “I hereby certify that I have read these Terms and Conditions of Use and unconditionally accept their provisions” after reading these T&CU, the User (a) certifies that he or she is aged fifteen (15) and over and has full legal capacity and (b) expressly and unconditionally accepts the T&CU.
The User hereby accepts these T&CU as an indissociable whole and may not (a) chose to apply them only in part or (b) accept them with reservations.
Waiver of right of withdrawal -. Pursuant to article L.221-28 of the French Code de la consommation, the User acknowledges and expressly accepts (a) that the provision of Services begins as soon as the Application is downloaded, i.e. before the end of the fourteen (14) day withdrawal period defined by the French Code de la consommation and (b) therefore acknowledges and accepts that he or she may not exercise the right of withdrawal.
3.Outline of the Services
The Application enables the User to access easy-to-follow recipes so that he or she can prepare quick, inexpensive meals in his or her own kitchen, while reducing food wastage.
The Services consist of three (3) stages:
- FRIGO MAGIC has pre-selected a list of ingredients that the User can adjust according to the Products available in his or her refrigerator or cupboards;
The User selects the Product that he or she wants to cook then a Recipe from the list of suggestions;
The User can adapt the Recipe by adding or subtracting Ingredients.
The User is hereby informed, and accepts, that FRIGO MAGIC reserves the right to modify the list, contents and functions of its Services to improve User experience, adapt to the emergence of new technologies and/or comply with any changes in the law or new regulations. Such changes to the Services will occur when the Application is updated or upgraded.
4. Service access
As part of his or her use of the Application, the User may create a personal user account free of charge. The account gives access to the User space (hereafter the “User Account”), to a data base of Recipes and to pictures of the Recipes.
The User undertakes to check the accuracy of any information he or she may provide and may update or change the information at will, under his or her sole responsibility.
Entering false, inaccurate, out-of-date or incomplete information or a User name containing abusive, defamatory, violent, or obscene words, or more generally contrary to public order and morality, may lead to the suspension or closure of the User Account by FRIGO MAGIC.
The User hereby undertakes to keep his or her identifiers and passwords strictly confidential and not to disclose them to any third party, to avoid intrusion or fraudulent User Account use. FRIGO MAGIC shall not be liable for any third party use of a User Account through unauthorized access to the User’s identifiers and passwords, by whatever means.
Use of the Services is granted by FRIGO MAGIC to the User for an unlimited period, ending with the termination of the Agreement or the deletion of the User Account by any of the Parties.
FRIGO MAGIC may terminate the Agreement for any legitimate reason such as the withdrawal of the Application from the Google Play and/or App Store and/or the ending of its Services.
The Parties expressly agree that the Agreement, as embodied in the Terms and Conditions of Use, may be immediately terminated by FRIGO MAGIC and the User Account closed as of right, without formal notice and without prejudice to FRIGO MAGIC’s right to undertake proceedings for damages:
- if the User has failed to meet any of his/her obligations hereunder;
- If the User has made use of the Application and/or of the Services in violation of the law or of the applicable regulations.
The User may terminate the Agreement at any time without prior notice to FRIGO MAGIC, by uninstalling the Application, in particular in the event of a substantial modification of the T&CU, pursuant to Article 13 below.
In the event of a termination of the Agreement, for whatever reason, all rights and licenses granted to the User shall be immediately terminated and the User must cease to use the Application.
Articles 7 “Warranty”, 8 “Liability”, 9 “Intellectual Property” and 10 “Privacy – Personal Data” shall continue to apply after the termination of these T&CU, for whatever reason.
6. User’s obligations
The User hereby declares, prior to accepting the T&CU and using the Services, that he or she is aware of the characteristics and functions of the Services and has made sure that they suit his or her needs.
The User undertakes to:
- use the Application and/or the Services in compliance with the provisions of these T&CU, and of any applicable law or regulations;
- Not to access the Services by any means other than that provided by FRIGO MAGIC, except with FRIGO MAGIC’s express prior authorization contained in a separate agreement;
- Use a Terminal that is compatible with the Services and configured for the latest operating system updates;
- Not to use robot systems, in particular spiders, nor any data exploration, search application or decompiler systems nor any other means liable to be used to capture all or part of the Application (in particular the Recipe data base);
- Check all Product use-by dates, food allergen contents (as the case may be) and storage conditions.
The User hereby acknowledges that:
- the Application, Services and Recipes are strictly for his or her personal use, and must not be used for any direct or indirect commercial or lucrative purpose;
- The Recipe outcomes cannot be guaranteed and may vary depending on the quality of the Products, the User’s cooking equipment and facilities, etc.);
- Use of the Application for any purpose other than that defined for the Services, is strictly prohibited.
Should the User, his family or guests suffer from any allergies, food intolerances and special medical conditions such as diabetes, etc., the User undertakes to examine the composition of the Ingredients and/or see a heath care professional before eating the dishes prepared on the basis of the Recipes.
It is expressly agreed between the Parties that the Application and Services are made available to the User “as is” with no warranty that they will meet the User’s specific needs or meet any specific goal expected by the User.
7.2. Corrective maintenance
Throughout the duration of the Services, FRIGO MAGIC may make available to the User, via the APP Store or Google Play, any software patches required to correct possible malfunctions or errors affecting the use of the Application and/or upgrades designed to improve or modify the Application functions.
The User undertakes to promptly install any Application updates or patches that FRIGO MAGIC makes available.
For maintenance purposes, FRIGO MAGIC may be required to:
- suspend the User’s access to the Application and/or use of the Services during the maintenance operations, and/or
- Modify the Application without prior notice or compensation to the User.
7.3. Warranty exclusions
FRIGO MAGIC offers no warranty:
- regarding the outcome or quality of the Recipes;- that the Recipes will meet the User’s expectations or needs;- that the Application and/or the Services are exempt from faults, errors or bugs and that they will operate without interruption.
Due to the very nature of the Internet and of mobile telephone networks, FRIGO MAGIC offers no warranty that the User will enjoy permanent and uninterrupted access to the Services, which the User hereby explicitly acknowledges and accepts.
The User is therefore reminded that it is his or her responsibility to ensure by any appropriate means that any negative effects of a possible interruption of the Services are reduced to a minimum.
FRIGO MAGIC offers no warranty regarding the upward compatibility of the current version of the Application with all new Terminals and operating systems.
No warranty shall apply in the event of (a) the User’s unlawful use of the Application and/or Services and/or use which does not comply with the purposes defined in these T&CU, (b) failure by the User to promptly install any Application updates or upgrades, (c) misuse of the Terminal by the User, (d) deliberate misuse of the Services in contravention of their contractual purposes or (e) force majeure.
8.1. User’s liability
The User is entirely liable for the use of the Application and the effects of the use of the Services, for compliance with these T&CU and with the regulations applicable to the Application and the Services.
The User is entirely responsible for the choice of Ingredients, the Products and the Recipes selected on the Application, in particular with regard to Ingredients that may present a potential health hazard (due to allergies, illnesses, etc.) or may be deemed unacceptable according to the User’s philosophical convictions, religious beliefs or dietary habits.
8.2. FRIGO MAGIC’s liability
- will provide the necessary means on a best effort basis for the User to access the Services via the Application;
- Will be liable for the performance of its binding obligations under these T&CU and according to current laws and standards;
- Will be liable only for direct, foreseeable damage incurred by the User due to FRIGO MAGIC’s failure to perform its obligations hereunder.
8.3. Limitations and waivers of liability
FRIGO MAGIC may not be held liable for any direct or indirect damage resulting from any of the following:
- medical effects resulting from the User’s implementation of the Recipes (due to food allergies, failure to correctly follow medical treatment, poor Product or Ingredient storage, etc.);
- Misuse of the Services by the User for purposes other than their original purpose;
- Terminal malfunction, lack of access, misuse, or incorrect configuration, or use of an obsolete Terminal or without the latest OS updates;
- Third party damage such as data loss, intrusions, viruses, loss of Services;
- Content of links or external sources that the User accesses via the Application;
- Content of information regarding the Ingredients suggested in the Recipes and any associated evaluations, analyses, recommendations or opinions (in particular the NUTRI SCORE as available in France);
- Errors or omissions relating to a Recipe;
- The User’s failure to install any patch, update or upgrade of the Application provided by FRIGO MAGIC, or late installation of the same;
- Any difficulties in accessing the Services due to a technical maintenance intervention required to ensure the correct operation of the Application and/or Services and/or a data update, or Application update or upgrade;
- Accidents or natural disasters affecting the Services, the power grid, the telecommunication networks (e.g. power surges, lightening, storms, floods or damp, fires, etc.) and any force majeure event.
FRIGO MAGIC is a service aiming to reduce waste and suggest Recipes for simple, straightforward dishes. FRIGO MAGIC cannot be held liable for any detrimental effects on the health of Users or possible allergic reactions due to having eaten Ingredients contained in the Recipes or in recipes suggested by other websites.
The User hereby acknowledges the limitations and constraints of the Internet, and in particular, that it is impossible to guarantee absolute data exchange security. The Publisher shall in no way be held liable for any loss of data.
9. Intellectual property
FRIGO MAGIC retains all its intellectual property rights, including in particular all trademarks, patents, know-how, copyrights, neighboring rights, software copyrights, data bases, data base producer rights, drawings and models, business names, trade names, brand names, store names and/or domain names (hereafter the “Intellectual Property Rights”) relating to the Application, the Services and the Recipes.
The Application makes use of certain elements (pictures, photographs, editorial content, names or trademarks) belonging to FRIGO MAGIC’s partners, in order to identify Ingredients, Recipes or certain Services. These elements are protected by Intellectual Property Rights and cannot therefore be used, reproduced, modified, disseminated or borrowed to create derivative works, without the consent of their respective rights holders.
These Terms and Conditions of Use imply no transfer of Intellectual Property Rights from FRIGO MAGIC or its partners to the User.
Throughout the duration of the Agreement, FRIGO MAGIC shall grant to the User, who accepts, a personal, non-exclusive, non sub-licensable and non-assignable right of access to the Services, via the Application, from his or her Terminal and the right to use the said Services for non-commercial purposes on one single User Account at any given time.
By way of consequence, the User may not copy, disclose, disseminate, represent, adapt, translate, modify, decompile, sell, or sub-license any or all of FRIGO MAGIC’s Intellectual Property Rights, whatever the purpose, medium, duration, territory or means of communication involved, without FRIGO MAGIC’s express prior written consent.
10. Personal data
11. Third Party Websites
The Application may contain hypertext links to third party websites or may allow the User to click on a link or icon to open the browser installed on the Terminal to display third party websites (hereafter, the “Third Party Websites”).
Such links are provided for information purposes only. FRIGO MAGIC exercises no control whatsoever over Third Party Websites and accepts no liability for access to such websites, or for their content (in particular, adverts, products, services and/or any other material available on or via the Third Party Websites) or for the use of such websites, or for any damage resulting from the information available on these Third Party Websites.
The User hereby acknowledges that FRIGO MAGIC has no control over the process used by the Third Party Websites to collect information on the User’s browsing history on the Third Party Websites and/or to process User personal data, in particular by placing tracking cookies.
FRIGO MAGIC therefore suggest that the User reads the Third Party Website privacy policies to see how they collect and use any browsing information, in particular for advertising purposes.
The User is entirely responsible for enabling these hypertext links and for accessing the Third Party Websites, and for reading and complying with the terms and conditions of use which may govern their use.
12. Force majeure
In cases of force majeure, pursuant to article 1218 of the French Code Civil, the obligations of the Parties hereunder shall be suspended for the entire duration of the force majeure event and shall resume when the latter ceases.
Shall constitute force majeure events, without limitation: the banning or restriction of telecommunication services by public authorities, in particular any service interruption expressly demanded by an administrative or judicial authority having jurisdiction; power outages, failure and/or interruption of transmission networks including access to the Internet; outage and/or sabotage of telecommunications, acts of digital piracy; fire, lightning, floods and any other natural disaster, water damage, exceptional weather conditions, accident, epidemic, riot, war, civil war, insurrection, terrorist attack, explosion, act of vandalism; full-scale or partial strike.
No recourse is possible for failure to access the Application and/or non-performance of the Services attributable to a force majeure event.
FRIGO MAGIC and/or the User may terminate their agreement hereunder should the force majeure event persist for more than sixty (60) days starting from the notification of the event to the other Party, with neither Party being entitled to any claim for damages.
13. Changes to the Services and Terms and Conditions of Use
FRIGO MAGIC wishes to draw the User’s attention to the fact that FRIGO MAGIC’s technology and the type of Services available are subject to change. The User is therefore hereby informed that FRIGO MAGIC may implement any Application and Service changes, particularly with regard to certain functionalities, required by evolving technologies and/or changing legislation, without any loss of quality or changes to fundamental Service characteristics for the User.
FRIGO MAGIC therefore reserves the right to modify these T&CU in line with the changes implemented in the Application and/or the Services.
Throughout the duration of the Agreement, the User undertakes to regularly visit the App Store and Google Play platforms to check whether new Application updates are available and to download any Application updates or upgrades before using the Services again.
Using the Software and/or the Services after notification of the modified T&CU shall imply unconditional acceptance of the said changes.
Should the User refuse to accept the modified T&CU, the User hereby acknowledges that the said Services shall cease to be available. Should the User disagree with the modified T&CU, he or she may at any time close his or her User Account and uninstall the Application.
The User hereby authorizes FRIGO MAGIC to outsource all or part of the performance of the Services to the sub-contractor(s) of FRIGO MAGIC’s choice. FRIGO MAGIC shall be fully liable for the work entrusted if necessary to its subcontractors and for complying with French Law No. 75-1334 of 31 December 1975 on subcontracting.
15. Assignment of the Agreement
Access to and use of the Services is entirely intuitu personae: the User may not therefore assign any part of his or her rights and obligations hereunder without FRIGO MAGIC’s prior express written consent.
16. Severability clause
Should any of the provisions of these Terms and Conditions of Use become null and void, all other provisions hereunder shall continue to apply with full binding force.
17. Non-Waiver clause
Failure by FRIGO MAGIC at any given time to invoke one of the clauses hereunder shall not be deemed to constitute a waiver of FRIGO MAGIC’s subsequent right to invoke the same clause.
18. Governing law and jurisdiction
The execution, validity, interpretation, performance and implementation of these Terms and Conditions of Use and performance of the Services are governed exclusively by French Law.
Users hereby expressly agree to abide by all the laws, government orders and national regulations applicable to the use of the Services via their Terminals, outside French territory.
Disputes with Users
The User shall forward any claim pertaining to the performance of these T&CU, by registered letter with acknowledgment of receipt to FRIGO MAGIC’s customer service department.
The User is hereby informed and acknowledges that he or she may resort to the consumer dispute mutually-agreed mediation procedure or to any other available out-of-court dispute settlement procedure to obtain the amicable settlement of any dispute relative to these T&CU.
Mediation in consumer disputes – Within the European Union, the User is hereby informed that he or she has the right to have recourse, free of charge, to a consumer affairs mediator, subject to (i) having beforehand attempted to reach an amicable settlement with FRIGO MAGIC, and (ii) appealing to the relevant mediator within twelve (12) months of the date on which the written claim was sent to FRIGO MAGIC.
The European Commission has set up a dispute settlement platform to deal with any consumer complaints following online purchases in order to forward such complaints to the relevant national consumer mediator.
The platform is available via the following link //ec.europa.eu/consumers/odr/
Failing an amicable settlement, the dispute shall be submitted by the first Party to take action to competent jurisdiction.