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Legal notice

1. Site notice

1.1 Property of: The website (address http://www.capfruit.com) is owned and operated by the company CAPFRUIT (hereafter CAPFRUIT), a privately-owned company with a capital of 1,000,000.00 euros and its registered office at ZONE ARTISANALE RAPON, 230 ROUTE DE FONDEVILLE, 26140 ANNEYRON, telephone number +33 (0)4 75 31 40 22, registered (company registration number 423282482) with the Chamber of Commerce and Industry at Roman, France.

1.2 Publishing manager in overall charge of publication: Rodolphe Casella.

1.3 Web hosting: W3line, 10 ter, Rue Pasteur, 26500 BOURG LES VALENCE, France, Telephone +33 (0)4 75 82 81 01.

2. Terms of use of the website

The present terms of use of the website www.capfruit.com are applicable to all users of the website.

A User is defined as any person accessing the website, whether a private individual or a company, accessing the website from whatever location and by any means of connection, regardless of the purpose or aim of accessing the information published on the website.

It is up to each User to take all necessary precautions to protect his User information, and protect his software and hardware from virus contamination or any other type of attack that may be circulating on the web, including any that may be circulating through this website or the information published herein.

a. Use of website content

Access to the website is free and open to all. However, only holders of an «Elite» account are permitted access to the entirety of the site's content; this includes the recipes. Simply accessing the web site implies that any User has accepted, without reservation, all the terms and conditions of use of the web site.

Furthermore, when A User registers with the website, that User will be asked to confirm acceptance of these terms and conditions by ticking a box next to this statement «I have read and accept the terms and conditions of use of this website». By doing so, you will be deemed to have consented to and will be bound by these terms.

CAPFRUIT will endeavor to keep the website content updated and provide only correct information to its Users and will make every effort to verify the precise nature of the information it publishes and reserves the right to modify the information on the site at any time and without prior notice.

However, CAP'FRUIT cannot guarantee the accuracy or completeness of information on the web site and cannot be held responsible for any errors on the website. Should you notice an inaccuracy or omission, please notify us immediately at: Info@capfruit.com

Any use of the website other than for the reasons for which it is intended and any violation of these conditions of use may give rise to criminal or civil proceedings in the courts as defined by law.

b. Availability of the Site

CAPFRUIT will endeavor to provide access to the website using all reasonable care and will use reasonable efforts to make the website available to you at all times. You acknowledge that for reasons of maintenance, updating, or for a variety of other technical reasons, the website may be temporarily unavailable.

CAPFRUIT can in no way be held responsible for these interruptions or for any consequences to the User resulting from its unavailability and particularly that no User can claim payment of damages for any prejudice caused by the website being unavailable.

3. Opening a member account

Two types of member account are available on the website:

- Creation of a « Classic » member account
On first registering with the Site, the User will be asked to enter a valid e-mail address and a corresponding username. CAPFRUIT will then send confirmation and a password to this address.

This username and password is strictly personal and confidential and the User will be asked to enter this information at each Login attempt to his « Classic » member account.

As a User you accept that it is your sole responsibility to maintain the confidentiality of your username and password and you agree to notify CAPFRUIT in writing of any unauthorized use of your member account or other security breach as soon as you become aware of it.

The creation of a « Classic » member account allows the User access to only some of the recipes published on the Site.

- Creation of an « Elite » member account

The « Elite » member account is reserved for catering professionals and gives access to the entire Site and in particular to all the recipes published on the Site.

On first registering for an « Elite » member account, you will be asked to enter a valid e-mail address and a corresponding username. CAPFRUIT will then send confirmation and a password to this address.

This username and password is strictly personal and confidential and the User will be asked to enter this information at each Login attempt to his « Elite » member account.

As a User you accept that it is your sole responsibility to maintain the confidentiality of your username and password and you agree to notify CAPFRUIT in writing of any unauthorized use of your member account or other security breach as soon as you become aware of it.

- Use of the online recipes

Only holders of an « Elite » member account can access all the recipes that are freely available on the Site.

However, private individuals with a « Classic » account can only use the recipes for their own personal use. Professionals with an « Elite » member account may use the recipes on the Site to prepare dishes for the clients dining in their establishments.

Under no circumstances may a recipe be reproduced (printed matter, posted on website etc.) without the prior, express, written permission of CAPFRUIT.

The recipes published on the Site form part of a database that belongs to CAPFRUIT. Users undertake not to reproduce this database by any means, nor extract any of the data therein except for their own private use.

4. Intellectual and Industrial Property Rights

a. Brand / Copyright / Images and models / Patents

All the elements of the current Website (texts, photographs, illustrations, logos, icons, files that may be downloaded by the User, video clips, sound bites etc.) remain the property of CAPFRUIT and are, as appropriate, protected by French and International law relative to intellectual property rights and copyright, including but not limited to names, images, logos, models and/or patents.

CAPFRUIT is a registered trademark and all reproduction, by whatever means, is strictly prohibited.

The reproduction and/or the representation of any of these elements is permitted for information purposes only and is limited to strictly personal and private use. Specifically prohibited is the reproduction of any page of the current Website on any other web site not belonging to CAPFRUIT. Similarly, adding a hyperlink to one of the pages of the website is prohibited without first obtaining the express, written permission of CAPFRUIT.

Any use of the elements of the website for any other purpose, notably in the public domain, or for commercial or humoristic purposes will give rise to judicial proceedings both in France and throughout the world.

b. Counterfeiting

Any reproduction or representation, in whole or in part, of elements protected by intellectual property rights, without obtaining the express prior authorization, in writing, from CAPFRUIT is illegal and strictly prohibited. Any breach of these property rights constitutes a counterfeiting offense for which the perpetrator will be held liable through the civil and criminal courts.

c. Non contractual photographs

CAPFRUIT takes the greatest care in the presentation of its Products on the website. Nevertheless, the photographs illustrating the Products are provided as a guide and do not form any sort of contract with the company. Although we make every effort to ensure that a photograph is a true and accurate representation of a Product, slight variations may occur.

Consequently, CAPFRUIT can in no way be held liable for errors or inaccuracies in any illustration of a product or sample appearing on the website.

5. Privacy policy: Protection of personal data

a. CNIL declaration

For the purposes of the Data Protection Act N° 78-17 dated, 06/01/1978, CAPFRUIT's database with the personal data collected from Users wishing to use the website has been declared to the competent authorities (CNIL). The registration number is: awaiting notification of the registration number.

b. Personal data required to access the website

Users are not obliged to provide the website with their personal information. It is possible to access the website without providing such personal data.

c. Personal data required to gain member access to the website

Should a User wish to gain member access (Classic or Elite) to the website then a certain amount of personal data must be provided to CAPFRUIT. Users not wishing to provide such information on registration will be unable to make contributions or consult the recipes published on the website.

d. Confidential nature of the personal data collected

The personal data collected for member access (Classic or Elite) to the website will be stored digitally and be available exclusively to CAPFRUIT. The data gathered is required for correct administration of the website and form part of your contractual obligations (respect of these Conditions of Use) to CAPFRUIT.

These data will be stored by CAPFRUIT uniquely for this reason. CAPFRUIT further undertakes not to use this information for any purposes, nor to transfer them to any third party without the express permission of the User unless it is required by law to do so.

e. Right of access, rectification and opposition

The contact details of all Users registered on the website will be stored for a reasonable period of time as required for the correct administration of the website, for the purposes laid down above. These data will be stored securely, using best practice and the available technology, in accordance with the guidelines set out in the Data Protection Act of 6th January 1978.

This Data Protection Act gives you the User the right to oppose, question, access and rectify any data pertaining to you. You can exercise this right at any time by contacting CAPFRUIT at: info@capfruit.com.

f. The CAPFRUIT Newsletter

When registering on the website, a User can tick a box to expressly give their permission to receive a newsletter from CAPFRUIT pertaining to his professional activity. The User may select the form and frequency of this newsletter.

g. Collection and treatment of personal data: use of cookies

The website www.capfruit.com uses cookies. The User will be informed on visiting the website that a cookie may be installed automatically in his web browser.

A cookie is a block of data that does not permit us to nominally identify the User but only to track his navigation through the website. Use of these cookies allows us to analyze the frequency of visits, the time spent on the various components of the website etc. allowing us to constantly improve the website. Cookies also allow us to identify you as a registered user on login, giving you access to events and activities on the website.

When you visit our website, standard procedure is that our servers memorize the details of your Internet provider, the web page from which you accessed our website, the pages you visit, and the date, time and length of your visit.

The data collected are stored for a period that cannot exceed the time necessary to exploit this data and can in no case exceed 13 months.

The User can however refuse these cookies by deactivating the "cookies" option in his web browser:

For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html

h. Hypertext links in the website

The website may include links to other websites or other Internet sources. Since CAPFRUIT has no control over other websites or other internet sources, CAPFRUIT can in no way be held responsible for the availability of these websites or other web sources. Neither can CAPFRUIT be in any way be held responsible for the content, advertising, products, services or other material available on or through any of these sites or other web sources. Furthermore, CAPFRUIT cannot be in any way held responsible or liable, either directly or indirectly, for any damage or losses caused or alleged to be caused in connection with your use or reliance on the contents of a third party website or other web sources. Use of such external web sources is entirely at the User's own risk.

6. Responsibility

Use of the website, its services and any information obtained from the website is entirely at the User's own risk. CAPFRUIT offers no guarantee of any sort, whether express or implicit, as to quality or commercial viability resulting from obtaining information from the website, particularly with respect to the results obtained from using its products or services, or for any content not created by CAPFRUIT and can in no way be held responsible or liable for customer satisfaction, or in any dispute, actions or recourse in the event of claims relating to any web content not created by CAPFRUIT.

CAP'FRUIT cannot guarantee the quality or results obtained with any of the recipes published on the website.

Consequently, CAPFRUIT can in no way be held responsible or liable for any error(s) or omission(s) in these recipes, in text, illustrations of any other information published on its website.

Any content downloaded from the website is done under the User's entire responsibility and at his own risk and peril.

Consequently, CAPFRUIT can in no way be held responsible or liable for any damage of whatever sort occurring as a result of downloading content from the website.

By using this website you accept that CAPFRUIT is not responsible or liable for the origin of the recipes published on its website.

7. Modification of the conditions of use

The conditions of use applicable to the User are those in force on the day the User accesses the website. CAPFRUIT reserves the right to modifies these conditions of us at any time and without giving prior notice.

8. Judicial competence - Jurisdiction

These conditions of use are governed by and shall be construed in accordance with French law. Any disputes arising from use of the site that cannot be resolved amicably will therefore be brought before the competent tribunal for the locality in which are situated the registered offices of CAPFRUIT.