Article 1: Copyright and intellectual property
Article 2: Services and site access
Article 3: Registration, services and site use
Article 4: Use and moderation charter
Article 5: Communication and discussion area
Article 6: Responsibility
Article 7: Data protection and confidentiality
Article 8: Changes to general conditions of use and of sale
Article 9: Applicable law and jurisdiction
Thank you and welcome to the MyBusyMeal community! When you use our services, you undertake to read and accept these general conditions of use and of sale (hereinafter the "GCU" or "GCS").
In becoming a member of our BusyPeople community or a Partner of our website (hereinafter "Member" or "BusyPeople" or "BusyPartner"), your commitment to these conditions becomes effective from the moment you tick the "I have read and accept the general conditions of use" box in the registration form. You cannot make use of our services, or become a member or partner, without agreeing to these conditions. These rules have been laid down in accordance with legislation in order to preserve all users' rights.
MyBusyMeal is a social network for professionals and individuals who wish to meet over a meal or at culinary events to swap and share ideas and projects. The network and associated MyBusyMeal services are accessible by computer, tablet or smart phone at the following web address: www.mybusymeal.com (hereinafter "Site").
The Site offers registered users a certain number of tools and applications exclusively devoted to networking and business (hereinafter called "the Service"). Most of these functions are free to access, yet some require payment and are for use by members who have chosen to subscribe (hereinafter "the Subscribers") and who have accepted the Particular Conditions of Sale outlined when the subscription was taken out (hereinafter "Subscriptions").
All Subscribers are Members by default, and thus accept the following conditions of use.
If a Member refuses to abide by any of the rules or conditions contained within these conditions of use or any other of the contractual documents, said member will be requested not to access or make use of the site."
MyBusyMeal: MyBusyMeal is a professional social network that offers users the opportunity to share meals with other professionals, friends, colleagues, partners or perfect strangers, anywhere and at any time. Business - Synchronisation - Meal, or how to make your meals 'active' and not miss out on the opportunity to feed into your network and ideas and make your projects reality.
- The BusyMeal is an informal business meal turned active. This meal can be organised by a member of the network or one of our partners. It may be public or private. You can invite whoever you like, or let professionals around you sign up.
- The MyBusyMeal Logo symbolises this community of professionals who come together over a meal to share ideas, projects, and build collaboration between its members. Each participant brings his or her experience or expertise, represented by a colour, to the table. Together, they become active participants in the MyBusyMeal adventure: the first professional social network that geolocates members and meals.
- BusyPeople are professional members of the MyBusyMeal website. Men, women, professionals, freelancers or employees, they all come together to share experiences, ideas, and plant the seed of a project or nurture it into further growth. Each event is a source of opportunity for them - and sometimes of the most unexpected kind.
- BusyAngels are individual BusyPeople. For the very first time, a social network brings you an unlimited, unique package that gives members access to all of the site's functions, as well as any future services that may be offered. This is our way of thanking members who believe in our project and support us in developing it. We've created 3112 BusyAngel accounts - no more, no less. These members can also choose a lucky number, if it hasn't already been snapped up by someone else.
- BusyCards are MyBusyMeal's virtual business cards. They are used by members as a way of introducing themselves to the MyBusyMeal community, or to search for network members (by name, job, company, or city). They are extremely useful in breaking the ice when meeting for the first time. They help others get to know you, build awareness of your professional project, or search for other BusyPeople in the community.
- The BusyWorld (or MyBusyWorld) is the BusyPeople toolbox. It allows members to search, organise or take part in BusyMeals, gain access to useful information concerning their favourite contacts, read or send messages, build a meal planner called 'Alert', modify their profiles, manage sponsorship - everything to do with BusyWorld and how they use it.
- BusyPartners are partner companies who make use of our website to set up BusyMeal events, invite BusyPeople to the table, offer promotions, organise business meals, or exchange with other professionals. Restaurants, events companies, freelance professionals, associations, training companies, public bodies, etc. MyBusyMeal is a tool for all professionals looking to organise a BusyMeal around a specific theme: 'New Cuisine', 'Social Business', 'Let's Speak Italian', 'The Entrepreneur's Breakfast', 'Your Region's Chamber of Commerce and Industry', 'Wine and Spirit Tasting', and many more. Anything is possible.
- The term "Site" refers to the www.mybusymeal.com website edited by the company BUSYMEAL SARL (hereinafter "MBM" or "Editor").
This website ""http://www.mybusymeal.com/"" is the property of BUSYMEAL, S.A.R.L, (hereinafter "MBM" or "EDITOR"), a company with capital of 70,000 euros, registered with Strasbourg's Register of Trade and Companies under n° 79482868100013, VAT n°: FR 45 794828681 with headquarters located at 11, rue Saint Jacques 67600 KINTZHEIM FRANCE.
Busymeal SARL belongs to the C2-Vision SARL group. Busymeal SARL is represented by Mr Carraro. MyBusyMeal contact - email@example.com
This website is hosted by: BUSYMEAL SARL
We hereby remind you that in accordance with France's Data Protection and Individual Liberties law of 6 January 1978, modified in 2004, you have the right to access and modify information concerning you, and may exercise this right independently via your client area or by contacting us at: firstname.lastname@example.org
CNIL case number/1723358 v 0
Article 1: Copyright and intellectual property
The entirety of this Site and the elements it comprises are subject to French and international legislation concerning copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representation. The same applies to all text, audio and animated objects.
Full or partial reproduction of this site is formally prohibited unless prior express approval from MBM is obtained. Any reproduction, representation, modification, publication or adaptation of all or some of the elements of this site, by whatever means or process used, is prohibited, unless prior written approval from BUSYMEAL SARL is obtained.
MBM owns the intellectual property rights and holds all rights of use of all the site's accessible elements, particularly texts, images, graphics, logos, icons, audio and software. Any representation or reproduction by whatever method is unlawful and represents forgery sanctioned under Articles L.335-2 and under the code of intellectual property.
MBM owns all registered trademarks and logos used across the mybusymeal.com site. Any representation and/or reproduction and/or use, whether full or partial, of these trademarks, of whatever nature, is fully prohibited."
Article 2: Services and site access
The Site is available to all Members with internet access. All software and materials required for the use and smooth functioning of the Site's Services, internet access and connection costs are the Member's responsibility. The Member is solely responsible for the smooth functioning of his or her IT equipment and internet access.
MBM undertakes to offer continuous access to the mybusymeal.com website. However, the Editor cannot be held responsible for breakdowns or interruptions caused by cases of force majeure or by an event outside of its control. In addition, maintenance necessary for the smooth functioning of the site and services may take place without notice, and this without any right to compensation. The user is aware that the Editor is not responsible for interruptions and their potential consequences. MBM undertakes to keep intervention times to a bare minimum, or to do everything in its power to take the necessary action in resolving potential disruption to site access. MBM cannot be held liable in the event that accessing the website and making use of its services is impossible. There are no plans to provide telephone or online assistance for Members accessing the website.
MBM provides access to its website to allow user members to geolocate other users or events or professional members, to build relationships with other professionals, to organise their own events or meals or to take part in those hosted by other professionals. MBM is in no case responsible for the themes of organised meals, any potential cancellations or services provided by the restaurants. The site is a tool made available to its members to organise BusyMeals. The meal's organiser or administrator is responsible for his or her event running according to plan. Neither MBM nor the meal administrator can be held responsible for the catering services provided over the course of a BusyMeal. MBM contributes in no way to costs relating to meals.
All users must become mybusymeal.com Members in order to make use of its services. To become a Member, the user must meet all of the site's access conditions, meaning he or she must have reached the legal age of majority and/or must have the legal capacity to enter into contracts, and must have read and accepted these conditions of use without reserve.
He or she undertakes to show an ethical and professional attitude while upholding moral standards of behaviour. This condition is essential and is a major determinant of this contract, as it ensures we maintain the space of exchange, freedom and respect so indispensable to our project.
Considering the nature and aim of the Site and the Services provided by MBM, it follows that members must act as professionals, for the needs of their professional activities or projects, and thus undertake to use the Site and Services for professional purposes only. This conditions is also an essential component and major determinant of this contract.
A user wishing to take out a free subscription must first be registered as a Member of MyBusyMeal or as a BusyPartner, and must have read and accepted without reserve the site's General Conditions of Use and General Conditions of Sale.
The user may also take out one of the subscriptions that require payment upon signing up, or may upgrade from a free subscription using the dedicated area in his or her BusyWorld profile. Once members have read and understood these Conditions and agree to comply with them without reserve, they may enjoy all of the site's services and fee-paying services included in their subscription packages.
These conditions of use form a contractual agreement between members or BusyPartners and BUSYMEAL SARL. If a member or BusyPartner refuses to abide by any of the rules or conditions contained within these Conditions of Use or any other of the contractual documents, said member will be requested not to access or make use of the site."
Article 3: Registration, subscriptions, services and site use, unsubscribing
3.1 Compulsory registration
In order to enjoy the Service, the Member must first sign up by completing the registration form available online (hereinafter "The Form" or "Registration Form"). By filling in this Form, the Member confirms that he or she has understood these conditions of use and agrees to follow them without reserve.
If not acting on his or her own behalf, the Member undertakes to act on behalf of a natural or legal person who meets the above conditions, and who he or she represents legally or has been expressly authorised to enter into a contract with MBM, and who has been given permission to share the information required to use the service, under the conditions outlined herein.
The User can access services via his or her profile using a login and password that are strictly confidential and personal. The Member is responsible for any use made of his or her login and password, their confidentiality and any use of the associated profile.
As soon as a user registers with the site, MBM invites the Member to regularly check the messaging service provided through which MBM will communicate all information relative to changes and the execution of this contract.
The Member undertakes to regularly update all information pertaining to his or her profile in order to ensure that information is correct and accurate, and this for his or her own interest, in view of the purpose of the Service. All members may modify data relating to them at any time if it is felt to be useful or necessary to do so, by clicking "Modify my BusyCard" in the profile section, including registration data, under profile settings in their MyBusyWorld account.
Members are informed that MBM may undertake verification of Registration Forms submitted through the site and reserves the right to suspend services from all Members whose registration details are in violation of these Conditions of Use, under the conditions laid down in these GCU.
Should a Member provide false, inaccurate, outdated or incomplete information, MBM reserves the right to suspend or cancel (with no refund) the Contract and the account, and to refuse any future access to all or some of the services under the conditions laid down in these GCU.
Should a Member violate the applicable laws, particularly criminal laws, or those that aim to protect the rights of a third party, or if the Member's behaviour harms another person's interests, including MBM's interests or those belonging to a company having a legal tie to MBM, or harms use of the service by another Member, MBM reserves the right to suspend or cancel (with no refund) the contract and account, without notice, and to refuse any future access to all or some of the Service under the conditions laid down in these GCU.
MBM cannot be held responsible by users or third parties for any errors, omissions and inaccuracies resulting from information provided by a member or BusyPartner."
3.2 After registration and becoming a permanent Member:
To become a site Member, users must:
• Have reached the legal age of majority and/or have the legal capacity to enter into contracts;
• Have read and accepted the GCU and GCS;
• Have completed all mandatory fields on the registration form;
In addition, the Member undertakes to:
• Only create a single account for use alongside his or her profile.
• Ensure his or her login and password remain confidential.
• Immediately inform MBM of any unauthorised use of his or her account, of any violation of confidentiality or security of identification details by using the contact form available on the website.
In the context of the registration process, each Member shall receive an account activation email sent to the email address provided upon registering. The Member has 14 days to activate the account in order to make it permanent, and must do so by fully completing all activation steps outlined in the email.
MBM reserves the right to moderate the profile and may, both before and after validation, request that the subscriber make any modifications deemed useful.
If MBM has legitimate reasons for believing that service security has been violated or misused due to unauthorised use of a Member's identification details, it may proceed to temporarily suspend the account in question, notably in order to protect the site and its data, and if appropriate, may require identification details to be changed.
Should a Member wish to make changes to identification details, he or she is simply required to log on to the site and change the settings under the "Settings" section of his or her MyBusyWorld.
Should these identification details have been passed on to a third party by his or her own fault, the Member shall bear sole responsibility for any consequent use of his or her identification details and use of the service. In no event can MBM be held responsible for loss or damage resulting from non-compliance with the member obligations stipulated in this Article.
In addition, MBM informs users that should a Member pass away, and upon production of relevant supporting documents, the account shall be deactivated. Its contents shall only be passed on to beneficiaries following a court ruling."
3.3 Use of the Site and Services, Subscriptions, Payment Terms and Renewal
The site offers registered MyBusyMeal Members a certain number of tools and services dedicated to developing their networking and business activities. Most of these functions are free to access, yet some require payment and are for use by members who have chosen to subscribe to the Premium and BusyAngel packages, and who have thus undertaken to accept the Particular Conditions of Sale outlined when the subscription was taken out (hereinafter "Subscriptions").
After having completed his or her profile, the Member is invited to select a subscription package, either free or payment-based, with prices available to consult on the Site. The Member can change the subscription whenever he or she likes, using the "Subscription" section of his or her BusyWorld.
The packages offered are as follows:
• The Freemium Package: this package is free and is unlimited in time. It provides users with an account and access to the Site's main functions, to create and make changes to a BusyCard, to create one BusyMeal and take part in BusyMeals and to access the messaging inbox. It does not allow members to contact or add favourite contacts of other Members without having first met them at a BusyMeal.
• Premium Packages require payment. The Silver package is offered at 3,75 euros (incl. tax) per month, and runs for 12 months. It allows users to make use of the main Freemium functions, to contact other BusyPeople, to add favourite contacts, to access other members' full BusyCards, and create one BusyMeal per month.
• The Premium Gold package is offered at 8,25 euros (incl. tax) per month, and runs for 12 months. It gives access to our BusyWomen organisation. It also gives access to the discount proposed by our Partners in the Accelerator program and to create two BusyMeal per month.
• The Premium Platinium Packages are currently being developed and will be available on the Site shortly.
• The BusyAngel Package is unlimited and unique. It costs 499 euros (incl. tax). It allows users to access all BusyPeople advantages (excluding MBMprogram, Group which have limited access and are under MyBusyMeal managment), and all site updates, with no additional costs, including those planned for the Platinum package. It will also allow free access to the MyBusyMeal smart phone apps. This package is unlimited in time and services. Only 3112 accounts are available with this package. It allows to create four BusyMeal per month.
• Finally, MBM offers two types of package for its BusyPartner partner companies. These packages are offered at starting cost of 24 euros (excl. tax) per month, and runs for 12 months for the organization of 1 public events per month, in the region of the billing address of the BusyPartner. Some offers are directly contracted with BusyMeal SARL. Please contact us at : email@example.com.
Services are payable by credit or debit card upon registration or renewal. Payment is executed on our partner's secure platform in accordance with legislation in force.
When a Member's subscription nears expiry, he or she shall be informed by MBM by email, and will be offered the opportunity to renew the subscription. If this renewal does not occur, the Member shall automatically be placed on a Freemium package and shall lose all advantages associated with his or her previous package."
A Member can sponsor other users so that they may enjoy the site's service. In MyBusyWorld, Members have access to a space devoted to sponsorship requests, where the Member can input the names and email addresses of potential referred contacts. This area will also allow the Member to track replies to sponsorship requests. When a Member provides MBM with the names and email addresses of contacts, he or she undertakes to obtain the prior consent of the contacts in question to share their data with MBM with respect to the data being used in the context of sponsorship.
In accordance with Article L 121-20 of the French Consumer Code, the Member is informed that he or she has seven open days from the date on which he or she subscribes to the service to exercise the right to withdrawal without penalty or justification. However, in accordance with Article L 121-20-2, 1° of the French Consumer Code, the right to withdrawal cannot be exercised once the Member has logged on to the service in question.
A Member can unsubscribe at any time once logged in to his or her account on the Site, by clicking the "Settings" tab of his or her BusyWorld, and by clicking the delete button at the bottom of the page. After having confirmed that he or she wishes to cancel registration, the profile in question shall be suspended.
If the Subscriber has taken out a paid subscription, no refund shall be issued by MBM.
The data collected may be retained by MBM but shall never be shared with a third party. In order to definitively delete all stored data, the subscriber must send a request by email to firstname.lastname@example.org."
Article 4: Use and moderation charter
Once a subscription has been taken out, in the context of using the Site, the Member undertakes not to engage in activity of any nature such as sending, creating, uploading or sharing data and/or content that is contrary to the law, that violates public order or the rights of MBM or of a third party.
In particular, in the context of using the site, the Subscriber undertakes to comply with the following non-exhaustive list of rules:
• Communicate accurate information upon registration and when using the site;
• Not to use a false identity in an attempt to mislead;
• Comply with the laws in force and respect the rights of any third party, as well as these contractual stipulations;
• Use the Site in a fair and sincere manner, in line with its exclusive professional purpose, and in line with the legal and regulatory provisions and uses in force;
• Respect intellectual property rights pertaining to content provided by MBM and by other Members, as well as the property rights of third parties; every Member undertakes not to use the site to reproduce and/or publicly share any content without the authorisation of the rights holders in question, when required; Do not violate the intellectual property rights or other rights of MyBusyMeal and its BusyProgram ("Accelerator", "Ambassador", "BusyWomen") without limitation, the use of the words "Accelerator", "Ambassador "," BusyWomen " other names or logos in any commercial activity, nor BusyMeal title or text, email or web address, unless authorized by a written agreement from BUSYMEAL SARL.
• Not to divert or attempt to divert any of the site's functions outside of normal use as defined herein;
• Not to overload the Service by any means. In particular, the Member undertakes not to load more than 2000 of the mybusymeal.com Site's pages (or 2000 "GET"s) in the same day without prior written approval from BUSYMEAL, SARL;
• Not to use robot software or any other process or equivalent automated tool to browse the site and use the service;
• Undertake to only share with MBM and other Members information he or she considers to be in no way prejudicial to either him- or herself, to other Members, to MBM or to third parties;
• Not to disseminate information or content inconsistent with reality;
• Not to harass other members, disseminate data, information or content of a defamatory, slanderous, obscene, offensive, or violent nature, or that which incites violence, or of a political, racist, or xenophobic nature, and generally any content contrary to laws and regulations in force or to moral standards; MBM is a tool that brings together people of all types, and was created with this sole aim in mind.
• Not to disseminate data, information or content that aims to reduce, disrupt or prevent normal use of the site, or to interrupt and/or slow down the normal communication process between Members;
• Not to use the Service to send mass unsolicited messages (advertising or other);
• Not to collect information on third parties, including email addresses, in order to use this data to send commercial offers or the like, or to integrate the information within a referencing or equivalent service, either free or fee-paying, or for competitive intelligence purposes;
• Not to use this service, whether directly or indirectly, to implement practices pertaining to 'snowball' sales or services or any other similar processes consisting in particular of offering the public merchandise that misleads them into believing they may acquire this merchandise free of charge or at a lower price than its real value and by subjecting the merchandise to the submission of vouchers or tickets or to the collection of memberships or registration of new buyers;
• Not to ask a person to collect memberships or sign up to a list by requesting that said person pay any compensation and by leading them to believe they may make a financial profit on an increase of the number of people recruited or registered, rather than the sale, supply or consumption of goods or services;
• Not to participate, directly or indirectly, in setting up or developing a network that aims to implement practices akin to network sales (Multi Level Marketing - MLM), recruiting members, affiliates or independent door-to-door salespeople, with an aim to creating such a network or setting up similar practices.
• Not to use the subscription for recruitment purposes, whether directly or indirectly.
Should a Subscriber breach one or more of these rules, MBM reserves the right to suspend and/or terminate the contract (unilaterally), to block the account(s) of the Subscriber in question, to delete contentious messages and/or block access to all or part of the service, either temporarily or definitively, without any reciprocal action.
Subscribers can flag any content and/or behaviour that breaches the given rules, by flagging abuse via the Member in question's profile or by contacting the MBM team directly at email@example.com. Subscribers are nevertheless informed that any abusive use of the flagging system may also be sanctioned in accordance with the applicable rules.
Although MBM cannot be held responsible for any inconveniences experienced during BusyMeal events, MBM invites Members to send an email containing any negative impressions relevant to the site, services and BusyPartners. This quality control process allow MBM to offer increasingly satisfying services to its subscribers."
Article 5: Communication and discussion area
Via the site, MBM offers a communication and discussion area that is likely to evolve alongside the site. These changes relate to site improvements and aims.
Subscribers can upload data, information and more general content as well as exchange information on the 'wall' or on their profiles, in strict compliance with the law and these conditions of use. However, should MBM be informed that illicit content is being spread on the Site, MBM may delete content without prior notification given to the Subscriber responsible for providing said content."
Article 6: Responsibility
The Member declares that he or she accepts the nature and limitations of the internet, and understands
in particular that:
• MBM cannot be held responsible as the main author of user content disseminated in the personal contributor areas that are identified as such, if it is established that MBM had no effective knowledge of the message prior to it being shared online or if, as soon as it became aware of the fact, it took prompt action to remove the message.
• Information shared over the internet is not protected, especially against any potential diversion/misappropriation. Information deemed to be of a sensitive or confidential nature by the user is communicated at his or her own risk and peril.
• MBM has no way of controlling the content of services that are accessible online. Information and/or documents that appear on this site and/or are accessible via this site come from sources deemed to be reliable.
However, the documents and/or information in question may contain technical inaccuracies and typographical errors.
MBM reserves the right to correct errors when mistakes are brought to its attention. It is highly recommended that users check the accuracy and pertinence of the information and/or documents provided on this site. Information and/or documents available on this site are liable to be changed at any time, and may be updated. In particular, they may have been updated between the moment they are downloaded and the time at which the user makes use of them.
Use of the information and/or documents available on this site is the full and sole responsibility of the Member, who accepts all consequences that may result from this use, with no responsibility being attributed to MBM in this respect, and with no recourse against the latter. MBM can in no case by held responsible for any damage of any nature that may result from the interpretation or use of information and/or documents available on this site.
The subscriber is responsible for all information and content shared on the Site. MBM reserves the right to delete any comment on the Site deemed to be inappropriate without prior notification being issued to the subscriber. MBM reserves the right to delete any profile that does not comply with the laws in force or these general conditions, without informing the subscriber, without issuing notice and with no membership refund provided.
Article 7: Data protection and confidentiality
Information shared with MBM undergoes processing that aims to build virtual and physical networks between Members in a professional context and in the framework of the use of Services. This information is collected in a legal and fair manner. They are aimed at Site use and the provision of the Service and may therefore be used by MBM to this end. The recipient of the data is the company BUSYMEAL, SARL for all information provided via the site and other subscribers for all information deemed to be non-confidential relating to the profile, messages on the interactive wall, the planner or geolocation tool. As soon as this information is shared with MBM, it appears on the Site for the sole purpose of using the services.
MBM does not share Members' personal data with third parties, subject to the communication of data available on each Member's public profile, in accordance with the settings each Member will have selected, as well as the purpose of the site and the service, and in cases where communicating such data is required by regulations in force, particularly in the event of a request made by a judicial authority.
In accordance with France's Data Protection and Individual Liberties law of 6 January 1978, modified in 2004, you have the right to access and modify information concerning you, and may exercise this right by contacting us at: firstname.lastname@example.org
You may also, for legitimate reasons, refuse that data relating to you be processed.
By accepting these general conditions of use, you agree to accept our confidentiality policy."
Article 8: Changes to general conditions of use and of sale.
The following conditions may be modified by MBM at any moment and without prior warning.
The subscriber is therefore invited to regularly check the latest updated version, available to all and permanently accessible via the Site's home page, by clicking on the "General Conditions of Use" link"
Article 9: Applicable law and jurisdiction
The conclusion, interpretation and validity of these conditions of use and of the contract are governed by French law. Subject to public policy provisions applicable with respect to jurisdiction, the courts at MBM's head office shall have sole jurisdiction over any dispute arising in relation to the contract, including, without this listing being exhaustive, any dispute pertaining to the contract's validity, interpretation, execution and/or termination and any consequences.