Version dated 24/01/23
2. Acceptance of the Terms – Entry into Force – Evolution of the Terms
Acceptance of the Terms is a prerequisite and mandatory. It results from the Client clicking on the box corresponding to the acceptance of the contractual conditions when opening the account.
Any evolution of the Terms will be notified to the Client by email.
3. Description of the Services
The services offered by the Platform (the “Services”) are accessible on the nutrilabel.fr website. They allow the Client to:
Generate online the nutritional sheet of the product in question from a template available on the Platform. The Client must complete the template with the necessary information: product name and reference, nutritional values, etc.
Validate the generated nutritional sheet and declare its conformity to the analyses carried out on the product in question. This declaration of conformity is the sole responsibility of the Client, and ATT cannot be held liable for the accuracy of the information provided by the Client to generate the nutritional sheet.
Obtain the QR code to be affixed to the product to allow consumers to access the nutritional sheet online from any internet-connected mobile device.
4. Proper Functioning Test – Acceptance Procedure
The Client is solely responsible for:
Affixing the QR code issued by the Platform on each packaging of the corresponding product, as well as the placement of the QR code(s) on the packaging.
Verifying the proper functioning of the link between the QR code and the nutritional sheet corresponding to the product for which it was generated.
The Client has a period of five working days after generating the QR code to verify that it leads to the correct nutritional sheet. Any malfunction during this period must be reported to ATT support (contact details available on the Platform), and the Platform will generate a compliant QR code again at no additional cost to the Client.
Any malfunction reported after the aforementioned testing period may result in additional charges for generating a new QR code.
5. Scope of Platform Use
The Client is authorized to use the Platform exclusively for its own needs. Unless expressly authorized by ATT, the Client is not allowed to license or sublicense the Service, nor to resell or make available to a third party the generated QR Codes or associated URLs.
6. Platform Availability
The Platform is available 7 days a week, 24 hours a day, with a high availability rate. However, the Client acknowledges that technical incidents may occur and prevent the normal operation of the Platform for a short period of time. The Client will be informed to the extent possible of any scheduled unavailability.
7. Personal Data
The Client may be required to provide personal data concerning its users, particularly during registration, in order to use the Service. All Service data is hosted within the European Union.
8. Financial Conditions
The Client will pay the agreed sums according to ATT’s rates by debit on the indicated credit card. The credit card debit is outsourced to a specialized operator, and ATT does not retain any credit card numbers.
9. Duration of the Commitment
The Client’s subscription to a subscription takes effect on the subscription date for a commitment period of 12 months.
Any subscription is automatically renewed for a new 12-month commitment. The automatic renewal is subject to a 1-month notice period during which the Client can change their offer from their Account.
In the event of non-performance by either Party of an obligation under the Contract (the Contract being constituted in the ascending order of these Terms and any order placed by the Client), the Party entitled to the unfulfilled obligation may, by registered letter with acknowledgment of receipt, instruct the other Party to fulfill said obligation. If fifteen (15) days after its receipt by the other Party, this formal notice remains unsuccessful, the Party entitled to the unfulfilled obligation may notify the other Party of the automatic termination of the Contract without any formalities.
In the case of a non-binding offer, if the Client does not use the service for 12 months or more, ATT may consider the Client as “inactive” and permanently delete their Account, nutritional sheets, and any other data related to the Client.
Confidential Information refers to any information, data, and documents of any kind exchanged between the Parties. However, the following do not constitute Confidential Information: (i) information that was already in the public domain at the time of its communication to the receiving Party, and/or (ii) information that the receiving Party can prove it knew prior to its communication, and/or (iii) information that entered the public domain after its communication to the receiving Party, without any breach of the Contract by the receiving Party, and/or (iv) information transmitted to the receiving Party by a third party free to dispose of it. Each Party undertakes not to copy, reproduce, or distribute, in whole or in part, the Confidential Information of the other Party to any natural or legal person without the prior written consent of the other Party.
The confidentiality obligation under this article shall not apply if there is a legal obligation to disclose it, especially to the Parties’ auditors, any duly authorized administrative or judicial authority that may be aware of it. The Party concerned must inform the other Party of this communication obligation within a reasonable time frame.
This confidentiality commitment shall remain in force until the extinction of all rights and obligations arising from these Terms.
ATT is responsible for providing the Services in accordance with these Terms, based on the information and statements provided by the Client.
ATT is in no way responsible for any damages that may result from:
The Client providing incorrect information for the generation of the nutritional sheet.
Any false declaration on the identification sheet.
Undisclosed compromise of the client’s authentication credentials.
Furthermore, ATT cannot be held responsible for (i) the Client’s failure to comply with any of its obligations under these Terms, (ii) malfunction of the internet network, (iii) malfunction of the Client’s computer equipment, (iv) force majeure as defined in Article 1218 of the French Civil Code.
Without prejudice to the above, in the event of a Party’s breach of its contractual obligations, the other Party shall be entitled to seek compensation for any proven direct damage. In any case, except in the event of gross, intentional, or willful misconduct, the total and maximum liability of each Party per calendar year is limited, for all causes of action, to an amount of 100,000 euros.
11. Final Provisions
The Contract is subject to French law.
Any dispute arising between the Parties concerning the interpretation, performance, or termination of the Contract shall be subject to an attempt at amicable resolution between the respective management of the Parties, which will be initiated by the most diligent Party. If no agreement can be reached within a period of 30 days from such initiation (unless the Parties agree otherwise), each Party shall be free to take legal action.
IN THE ABSENCE OF AN AMICABLE AGREEMENT, THE COMMERCIAL COURT OF PARIS, FRANCE, SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS, EVEN FOR URGENT OR PROVISIONAL PROCEEDINGS THROUGH SUMMARY JUDGMENT OR PETITION.