Connect people to local producers

GENERAL TERMS AND CONDITIONS OF USE

Identification and Acceptance.

The YUMAPP website and application, hereinafter collectively referred to as "the Platform," are managed by YUMAPP SRL, whose registered office is located in Belgium at Rue Courbevoie 13, 1348 Louvain-la-Neuve, VAT number BE1034.325.450.

Accessing and using the Platform implies your full and irrevocable acceptance of the terms and conditions of use set forth below.

Express acceptance of these general terms and conditions is a mandatory prerequisite for any new member or user to register on the website and access its services.

YUMAPP SRL is free to unilaterally, and without notice, modify these general terms and conditions at any time. As such, we recommend you to consult these regularly.

The general terms and conditions are permanently available at the following address: www.yumapp.be/fr/terms

Unless expressly stipulated otherwise in writing, all notifications sent to YUMAPP SRL must be sent exclusively by registered mail to its registered office.

Services.

The Platform's primary purpose, but not limited to, is to provide promotional and management support services for vending machines.

Definitions.

"Content" means any content posted on the Platform by a third party other than YUMAPP SRL, intended for public viewing, and which may be reported by a User. This includes the content of vending machines, their location, the content of producers' pages, advertisements, and comments.

"Illegal content" means any information which, either in itself or in relation to an activity, including the sale of goods or the provision of services, does not comply with Union law or the law of a Member State that complies with Union law, regardless of the specific subject matter or nature of that law, in accordance with the Digital Services Regulation.

"Digital Services Act" (DSA) refers to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC.

"Producer" means the natural or legal person who owns a food service establishment or a food vending machine business.

“Seeker” refers to any individual or legal entity that uses the services and products offered by YUMAPP SRL (for example, by consulting the YUMAPP platform and using the geolocation tool) to search for data on food products contained in vending machines or data on listed vending machines.

“Vending machine” refers to a machine that dispenses a product without human intervention (self-service) after the buyer has selected a product and performed a payment action (inserting a coin, scanning a card, pressing a button).

Personal Data Protection Policy.

The personal data referred to herein is all referenced in our Privacy Policy, available on the website: Privacy

Intellectual Property Rights, Copyright.

YUMAPP SRL owns or is licensed to use the intellectual property rights relating to the content on its Platform, including, in particular, texts, graphics, logos, buttons, images, code, databases, and icons. YUMAPP SRL is protected by intellectual property rights such as copyright and the rights of the database producer and the various tools made available to the User. The design of the website and the application (layout, selection and arrangement of sections, data organization, etc.) are protected by copyright law. YUMAPP SRL prohibits the extraction and/or reuse of all or a substantial part, whether qualitatively or quantitatively, of the Platform's content. Belgian law of August 31, 1998, concerning the legal protection of databases (implementing European Directive 96/9/EC), stipulates that infringement of these rights is punishable by fines of up to €500,000 and, in the event of a repeat offense, up to two years' imprisonment.

YUMAPP SRL expressly prohibits the automated or systematic reading or copying of all or part of its Platform (images, data, etc.) for any purpose and in any manner whatsoever, regardless of the technical means used (such as scraping, etc.). This includes, among other things, automated scraping or any other use of any content on its Platform for training in artificial intelligence or similar technologies. YUMAPP SRL exercises its right to object to text and data mining. For the purposes of this clause, mining refers to any automated extraction, collection, and analysis technique aimed at analyzing text and data in digital form to extract information (including, but not limited to, patterns, trends, and correlations), by any means (including, but not limited to, robots, web scraping, etc.). This objection applies to all content, data, and websites to which YUMAPP SRL provides access. Accordingly, YUMAPP SRL expressly and generally prohibits the use of its content for the purposes of: data mining, aggregation, or cross-referencing, as well as any method of extraction, development, and training of artificial intelligence systems, and the development of any software.

YUMAPP SRL hereby grants the User of its Platform a non-exclusive, non-transferable, and revocable license, which may be revoked at any time without cause, to access, display, and download its content solely for the purpose of reviewing the content, and only on a single computer. The User may also print one copy of the content displayed on the Platform, solely for their personal use, provided that they do not alter the Platform's content in any way and that they retain all copyright and source information. Reproduction is therefore authorized only for private use and private copying as defined by copyright law.

Some of the names, distinctive signs, and logos appearing on the Platform are registered trademarks or trade names belonging to YUMAPP SRL or their respective owners. Unless expressly authorized in advance by the owners, including YUMAPP SRL, any use of the names, trademarks, and logos, and/or any unlawful use of similar signs, is prohibited.

Any copying, translation, adaptation, modification, or use whatsoever of all or any part of the protected elements of the Platform, in any form and by any means whatsoever, is strictly prohibited without the prior written consent of YUMAPP SRL. Any commercial use of the Platform's content is strictly prohibited. Unless expressly refused, without needing to provide a reason, the creation of a hyperlink to the Platform's homepage, distributors' pages, or producers' pages is permitted.

Under no circumstances shall YUMAPP SRL be held liable to Platform visitors for any complaint or legal action brought against them by a third party claiming that the use of any element of the Platform's content, or of any of the products or services offered on the Platform, infringes upon any of its intellectual property rights.

It is forbidden to modify in any way The website or the use of modified versions of the website, particularly to gain unauthorized access to the website, is prohibited.

All rights held by YUMAPP SRL are currently neither licensed nor assigned to third parties.

Digital Services Act – Regulation on Digital Services.

The Digital Services Act is an EU regulation that aims to create a safer and more open online environment. It aims to protect the digital space against the dissemination of illegal content and to ensure the protection of fundamental user rights.

YUMAPP SRL has designated the following as its single point of contact for the authorities: info@yumapp.be. As a hosting provider for data relating to vending machines, which is distributed under the sole responsibility of the Producers, YUMAPP SRL cannot materially organize general monitoring of the data it hosts on the Platform and cannot determine its legality. However, in order to protect Users, YUMAPP SRL has implemented various mechanisms to combat illegal Content.

YUMAPP SRL is committed to making its best efforts to protect your personal data, in particular to prevent it from being distorted, damaged, or disclosed to unauthorized third parties.

Moderation measures.

Any element that appears to be contrary to legal or regulatory provisions, public decency, or likely to offend Users is strictly prohibited on the Platform, including:
Any Content written in a foreign language containing terms or descriptions unrelated to the content offered;
Any Content containing terms or descriptions unrelated to the content offered;
Any Content relating to a fictitious vending machine or data concerning them;
Any fraudulent Content, or Content intended to deceive the User;
Any Content of a political, religious, or hateful nature;
Any image or photograph unrelated to the offer, unauthorized, counterfeit, or pornographic;

The Moderation Team and Decisions

The role of the moderation teams involves:
Reviewing reports submitted through the Illegal Content Reporting System available to Users and Advertisers on the Platform (and any related complaints);
Reviewing complaints submitted through the internal Complaint Handling System available to Users who have reported Content as illegal.
When the moderation teams become aware of a violation of the Terms of Use, or the presence of illegal Content, the following actions and decisions may be taken:
Temporary or permanent removal of the Content in question from the Platform;
Restriction of access to the Services;
Temporary blocking or permanent deletion of the account hosting the Content in question or deemed fraudulent.

The moderation teams determine whether the Content and/or the account should be subject to restrictions based on the risk and severity they represent. They may limit or delete Content or accounts after a single serious violation of the Rules set forth above, or if they determine that the account has repeatedly posted illegal content, or has filed multiple manifestly unfounded reports or complaints.

Mechanisms for reporting illegal content.

Any User may submit a report to the Platform via the email address info@yumapp.be to report content considered illegal or contrary to these Terms of Use.

By using this procedure, the User agrees to submit reports in good faith and not to misuse the reporting or complaint procedures by making unfounded reports or appeals.

YUMAPP SRL reserves the right to take any action to limit or prevent the processing of reports and to suspend or even delete accounts belonging to individuals who abuse the reporting mechanisms, particularly by submitting unfounded reports.

Internal Complaint Handling System.

Users may contest the decision made by YUMAPP SRL in response to a report within six months of receiving notification of the decision, by replying directly to the notification email. These appeals are forwarded to the moderation team, which will review the content to confirm or overturn the decision.

Dispute Resolution.

Users may also choose to contest the moderation decision made by YUMAPP SRL by submitting the dispute either to an alternative dispute resolution body certified in accordance with the Digital Services Regulation, or to the competent courts within the judicial district of Walloon Brabant.

Ranking and Recommendation Systems.

The order in which vending machines are displayed on the homepage is based on the machine's update date.

Platform Availability.

While we strive to make the Platform available to you 24/7, we reserve the right, at any time and without prior notice, to interrupt access to it for technical or other reasons, as well as to terminate our services, without being held liable for these interruptions and any consequences that may arise for you or any third party. YUMAPP SRL will take every effort to ensure that the Platform, the websites, and the files that can be downloaded from it are free from errors (bugs), viruses, Trojan horses, spyware, and other malicious or unauthorized software. However, it cannot be entirely ruled out that these may occur. YUMAPP SRL shall under no circumstances be held liable for any resulting damage and/or loss to the User. YUMAPP SRL strongly advises Users to install firewalls, antivirus software, and other necessary protection software on their devices.

Links to Third-Party Sites.

In some sections of the Platform, hyperlinks to content from third parties or to websites operated by third parties are provided. We are not responsible for the quality or accuracy of this content or these websites. YUMAPP SRL cannot be considered as endorsing, publishing, or authorizing these websites or this content. Therefore, the operators of these sites are solely responsible for complying with the laws and regulations applicable to the products and services they offer for sale on their sites, particularly regarding consumer protection, distance selling, price regulations, personal data protection, etc.

Members or users of the website open these electronic links entirely at their own risk. YUMAPP SRL cannot be held liable for any damages whatsoever related to the use of these links, websites, or external sources.

YUMAPP SRL reserves the right, at any time and unilaterally, to remove or block these links without prior notice or compensation.

Access Restrictions to the Platform.

YUMAPP SRL reserves the unilateral right to prohibit access to all or part of the websites or the Platform to any individual or legal entity that:

  • -Violates these Terms of Use;
  • -Uses personal data to which they may have access via the Platform to offer paid products or services or to send unsolicited messages to other users' email inboxes ("spamming"), for any other commercial purpose, or in any other unauthorized manner;
  • -Uses the services offered by YUMAPP SRL without complying with the specific terms and conditions applicable to those services;
  • -Postes false advertisements, advertisements already posted by the same individual or legal entity, or illegal advertisements on the Platform;
  • -Harms the reputation of YUMAPP SRL, the websites, or the Platform in any way;
  • -Infringes the intellectual property rights of third parties;
  • -Uses the Platform for unlawful purposes; In the event of misuse or fraudulent use of the website or violation of the terms of use, the member and/or user is liable for a fixed penalty of €5,000, covering the administrative costs related to this misuse, without prejudice to any additional damages.

YUMAPP SRL also reserves the right to take legal action against these individuals.

Responsibility for User-Posted Content.

All texts, data, photographs, videos, messages, or other content posted on the Platform by a User are the sole responsibility of the User. YUMAPP SRL is not responsible for content posted on the site by Users.

The User:

  • -declares, accepts, and warrants that YUMAPP SRL has the right to use, publish, and exploit any content (text, image, information) that the User posts or publishes on the Platform for the purpose of providing the service(s) requested by the User;
  • -grants the Platform a license to the submitted content. This license must be free of charge, worldwide, non-exclusive, transferable, and sublicensable to allow YUMAPP SRL to use, publish, and reproduce the content for the operation and promotion of its service and that of third parties, including for the purposes indicated in the following point;
  • -agrees that this data may be used by YUMAPP SRL to provide these services, including creating reference points or a history of sales and rentals and creating prospecting maps; and to sell this data, after pseudonymization, to third parties.

As a User of the Platform's advertising service, you agree not to post content expressing a political opinion, or content that is defamatory, racist, xenophobic, or incites discrimination, hatred, or violence against any person, group, community, or their members, based on their alleged race, color, ancestry, or national or ethnic origin.

By simply using the Platform, you agree to indemnify YUMAPP SRL, its subsidiaries, directors, employees, partners, and representatives against any and all liability claims and other legal actions brought against it by third parties as a result of your posting any content.

Account Creation and Privacy Policy.

Producers can register on the Platform by completing a form with their personal data.

YUMAPP SRL allows Users to access the free services listed below. When a User provides their email address, YUMAPP SRL considers this a request to receive informational services by email and will proactively inform the User about topics of interest. Please note that these emails are not intended as marketing material, but as informational tools.

For free services: Users can list their dispensers by location and corresponding category(ies): fruits/vegetables, bread, eggs, potatoes, prepared meals, dairy products, other, etc.

For the basic service: Users can specify the type of products (e.g., fruit category = grapes) and display the date and time the dispenser was refilled. The User has the option to notify the vending machine's open/closed status.

For the advanced pricing option: the User can add product photos, quantities, prices per unit, and a presentation of the producer, the company logo, and links to their social media and/or website.

YUMAPP SRL reserves the right to modify its prices at any time and to conduct promotional campaigns.

Your password, which allows the User to log in to these services, is personal and confidential. The User is solely responsible for its use and agrees not to disclose it to any third party.

The User and the producer are fully and solely responsible for all activity carried out using their access code.

The Platform allows Users to locate vending machines and view their contents and certain data related to those contents.

The prices displayed on the YUMAPP SRL platform are set by the producers. YUMAPP SRL does not intervene in any way in their placement.

YUMAPP SRL cannot be held liable in any way for the accuracy of the information and data, nor for any use that may be made of it.

Publishing a vending machine.

The producer guarantees that any vending machine they publish on the Platform meets quality criteria that a visitor (website or application) can reasonably expect: location and corresponding category(ies) (fruits/vegetables, bread, eggs, potatoes, prepared meals), a clear and unambiguous description of the products for sale, the location, and the terms of sale. The vending machine's description elements must be entered in the designated fields. Any false or ambiguous data may be removed at any time by YUMAPP SRL, in accordance with the provisions of the following section: "Data Publication Restrictions."

Photos intended for publication must be of good resolution. To maintain the quality of its service, YUMAPP SRL reserves the right to remove any blurry or low-resolution photos, photos containing trademarks, logos, watermarks, images of people (identifiable or not), or contact information at any time, without compensation.

YUMAPP SRL reserves the right to technically modify the content (which may occur in the context of reuse), particularly to ensure accessibility through various channels, such as mobile phones. If you place an advertisement on the Platform, you agree to only disclose content (images, photos, etc.) that does not infringe upon the rights of third parties, including intellectual property rights (including but not limited to copyright, related rights, trademark rights, patents, designs, trade name rights, database rights, and know-how rights), nor does it violate morality or public decency. You indemnify YUMAPP SRL against any potential third-party claims concerning the advertisement you have placed on the Platform.

The cancellation of the automatical contract renewal must be notified at least 1 month before the expiry of the current contract, by email to info@yumapp.be.

The producer is not entitled to any full or partial refund if they remove their vending machine from the Platform before the expiry date. The producer expressly agrees that as soon as their vending machine is published on the Platform and paid for, they waive any right of withdrawal and any full or partial refund for that advertisement. YUMAPP SRL reserves the unilateral right to refuse or deactivate, before its expiry date and without compensation, any advertisement placed on its Platform in the following cases:

  • - An advertisement for a non-existent vending machine.
  • - A descriptive text that violates these Terms of Use.
  • - An advertisement that includes the address of another website.
  • - An advertisement that is false, particularly regarding its location, or an illegal advertisement.

YUMAPP SRL strives to provide reliable and regularly updated data on the Platform. However, neither YUMAPP SRL nor the individual or legal entity that submitted the advertisement can be held liable for errors in the advertisement's content or if the vending machine's content is no longer available when you view the data. Viewing the vending machine's data does not constitute a legally binding offer. The information is always provisional and must always be confirmed by the producer who published the advertisement, particularly regarding the asking price.

YUMAPP SRL cannot be held liable in any way for the legality, accuracy, or content of the advertisements placed on its Platform, nor for the quality of the goods and/or services featured in these advertisements.

Applicable Law and Jurisdiction.

The invalidity, lapse, or unenforceability of any provision of the preceding Terms of Use shall not invalidate the remaining provisions. The provision in question shall be deemed unwritten, and the User agrees that YUMAPP SRL may replace it with another provision that, to the extent possible, fulfills the same function.

For any dispute arising from the use of the YUMAPP websites or application, Belgian law shall apply, and the courts of the judicial district of Walloon Brabant shall have exclusive jurisdiction.

Individuals with questions and/or complaints regarding YUMAPP SRL's services may always contact our Customer Service.

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