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General conditions of use

By using services of website Localimus, you are agree with the following conditions. Before become member of Localimus, you have to read and accept all the terms and conditions figuring in these General Conditions of Use. If you don't accept our Conditions of use, you can't use the site or services and have to leave Localimus.
Moreover, these general conditions are considered suppletive of any other convition signed with the contributor.

Definitions



Description of the site


The website Localimus is a virtual marketplace for the reservation of food. It was developed to facilitate the exchange of informations and products among consumers, local producers and shopowner specialized in food (bakeries, sandwich, snacks, groceries, fish, cheese factories, creameries)...).

The site is only a support online and content only to connect buyers wishng to reserve food and contributors. Localimus doesn't involved at any point in the transation between the contributor and the buyer. Localimus can't be considered as part of the order contract between the buyer and the contributor.



Register conditions


Register as a member is completely free for the buyer. The site has a public space and a private space for members. Public space give access to order offer from contributors registered on the site. Private space is accessible after authentification. It give access to the modification of personal information, publication offers, booking orders, adding comments and manage booking deals.



Member status


Member status gove access, through a password, to the private space. This private space bound to an user name and a pasword to be indentified on the site. The member agrees to keep confidential the password selected for the use of his private space. Priva space and password are personal and may not be shared, disclosed or transferred to any other person or entity. The user is solely responsible for any cosnequences or obligations arising from the use of the password and account, by a thid party member. The member agree and accept that the site can consider using his member account or password as evidence of use of the site by this member. Any use of the service by means of these elements specific to the member is deemed to be made by the member.

Any modifications of informations given at register by a member must be notified to Localimus within 8 days of their occurrence.

Registration includes an obligation to provide an email address that will be used as a means of communication between the member and the site and will act as a unique identifier of the member account. All email sent by the site to a member shakk be deemed to have been received by the member who is deemed to have fully read. In addition, in order to exploit the geolocation tool on the most effective way site possible, a physical address is required by Localimus during registration to the private area and putting online Seller by the contributor, that the member agrees.

Localimus reserves the right to suspend or terminate unilaterally and without prior notice on behalf of a member for all reasons listed below :

  • violation of any disposition of the conditions of use or other conditions or régulations of Localimus ;
  • authentification of verification impossible of the origin of a selling offer ;
  • distribution of non-compliant offers the investment criteria of and offer ;
  • false personal data ;
  • distribution of illegal content (notably pornography, libel, infringement of the right to the image, discrimination, incitement to violence or racial, religious or ethnic) ;
  • violating decency ;
  • use, copying or distribution of works protected by copyright without permission ;
  • abuse or fraudulent use of collaboration tools (spam of comments, spam of clicks etc).
  • The closure of an account can't give rise to any compensation whatever damge caused by the closure of the account. A member account is personal and not transferable. Temporary or permanent suspension of a member account prevents use of service Localimus.

rates and payment


The access, the registration and use of the site as a buyer is free. Access and registration to the site as a contributor are under a different contract. (Contact us). These terms and conditions are considered supplemental to any other agreement signed with the contributor. Localimus may at any time change its policy on rates and payments. These changes will take effect as soon as they go online and apply to all transactions after that put online. In the case of temporary change, the period of the latter will be clearly indicated on the site.



Liability of Localimus


a. Role of Localimus

Localimus is not a sales company. Indeed, Localimus only hosts the content of affers or infomation posted by contributors (texts, pictures, prices, products, ect.). The site is only an electronic platform providing its users to put in contact contributors and buyers. Localimus doesn't exercises any control on the quality, safety or legality of the products listed, the thruth or accuracy of the information posted online, the ability of owners to sell such products or the ability of buyers to buy or pay products. Localimus can't ensure that the buyer actually enter the transaction.

b. Transaction reliability and safety of the members

Localimus can't confirm the identity of each member.

c. Liability release

Since Localimus doesn't involved in transactions between buyers and contributors, members emerge authors Localimus from any liability in case of dispute between several members, claim, or damage present or future, alleged or not found, arising directly or indirectly from the use of service Localimus.

d. Limitation of liability

The site provide informations, recommendations, comments that may be inaccurate, outdated, incomplete, offensive, harmful or misleading : Localimus declines all responsibility for the contents of which he can't verify the accuracy, authenticity or completeness. The responsability of the site is in n way engaged about the real or supposed qualities of products by its members.

If you use the site, you agree that Localimus is not resposible for the acts or omissions of users and members and accept the risks referred to in these Conditions of use and this section.

Localimus makes no guarantee concerning the operation or the hardware and software used either on the hosted ites, servers or Internet access and is not responsible of the expected damge or not, real or not resulting frome the use of the site. Localimus or its directors, officers employees, owners, agents, représentatives are not liable for any direct, incidental, indirect, material or immaterial, due to the use of the site, even if such party has been adviced of the possibility of such damages. Localimus doesn't approves or validates the transactions on the site and the members and users are solely reponsible for the legality of their actions.

Localimus makes no représentation or warranty, express or implied, regarding the site, the sells offers, présentations or content, includinf the warranty of merchantability, non-infringement of copyright, trademark or other intellectual property rights, freedom form all services, works or other content materials, against viruses, worms, Trojan horses or other code to hostile traits, disruptive or destructive.
Without prejudice of provovisions of the preceding paragraph, Localimus can't be held responsible for any loss or corruption of data, for any loss of profit, revenue, time, opportunity or other consequential damages that such loss or damage results from negligence or any other cause.

At all event and whatever the circumstances, the responsibility of Localimus and its suppliers, or contributor to all user or any other third party is limited to the total amount of subscription fee you would have paid in the 12 months preceding liability action.

Taxes and regulations


Excluding Localimus which is not a party to product sales, users, members, contributors and buyers are solely liable for all taxes resulting from the use of our services and our website. Localimus therefore disclaims any liability for taxes on transactions made on or through this site.

Whether you are a legal entity (company) or physical (individual), or you are a contributor or a buyer, VAT may be applicable to your transactions according to their frequency. Other taxes, such as the business tax or payroll taxes will then also apply. Site members expressly acknowledge and agree that the VAT and other taxes and charges may apply to their situation in accordance with the applicable legislation in force.

The member agrees to inform useful from a third pary on the tax aspects of the transactions in question, so as to comply with the legislation. The contributors also agrees to comply with the legislation specific to the production of the products they sell, including legislation on the protection of the environment, labor rights and food chain security.



Obligations of contributors


a. Products quality

Contributors agree to sell only fresh products, healthy and fit for consumption.

b. Sell offer

The contributors agree to be as specific as possible in describing of product offers. Contributors must describe the type of products and the sale price. They can complete their offer by another relevant information on its quality, packaging and use.

c. Price of products

The price paid by the buyer will be the price listed on the order. If the contributor changes his prices, these changes can't be applied to current orders..

d. Payment of prodructs

Payment of products will be at time of receipt of the order. The transaction includes only the buyer and the contributor. Localimus doesn't involved in any way in this transaction. This is under the sole responsibility and the contributor.



Buyers obligations


Buyers are required to seek or receive on the date and time specified in the order any order sent to the contributor. Unless obtain written confirmation by email of the contributor of any change of date, time, place, amount or cancellation of the order, sent an order implies receiving obligation. In the absence of the buyer at the reception and in the absence of any written confirmation from contributor few changes whatsoever, the buyer is obliged to honor the order and costs shown in the said order. A fine of 10% of the total value of the offending order may be requeted by the contributor.



fraud


Without limiting other remedies, Localimus may suspend or terminate an user account if it is (following a conviction, transaction, or police investigation, an insurance company or a third of receivership in particular) that a member has engaged in fraudulent activity in connection with the site.



Geolocation and privacy


The address of the buyers will never be publicly available and will be broadcast by the buyer himself during a product ordreing process if it wishes to have it delivered.



Using external applications


Using the Google Maps application is subject to the implicit acceptance of the use of Google Maps : (http://maps.google.fr/help/terms_maps.html) Information on the maps obtained via Google are provided for guidance only.



Intellectual property


Localimus can read the contents of all the Seller or comments published on the site. However, Localimus will withdraw as soon as possible a content protected by copyright as soon as the beneficiary has reported on it as well as any content that doesn't comply with the Conditions of use. The Localimus brand is the exclusive property of the company that operates the Platform. All graphics, layouts, presentation, logos Localimus are specific to the author of the property. Any reproduction without written consent is prohibited Localimus



Use of personal data


By using the services of Localimus, you are brought to transmit us or transmit us or transmit to other users information about service Localimus, including registration, sales offers, comments, messages or any other information that you put online on the website. You are solely responsible for the information, Localimus playing only a role of passive intermediary for them online.

To enable Localimus to use this informations to you personal, you expressly grant us, through the use of service Localimus, a non-exclusive license, unlimited duration or territory, irrevocable, free and transferable to third parties, to exercise the copyright, the trademark rights, rights of the disclsure and rights related to databases you have regarding this information for operation in any media or future so that we can offer our services. You also waive any moral rights you have with respect to your personal infomation you have provided to us, and to the extent permitted by law.

To allow interaction between all members, our system allows limited access to the contact information of other users. By accepting these Condtions of use, you agree to not use the personal information of other users provided to you via the site or via a communication or transaction only :

1. make a communication for the conclusion of a transaction that doesn't involve unsolicited commercial message but relates only to an existing transaction ;

2. The services offered by third parties via Localimus (escrow, insurance, mail and claims for fraud) ;

3. any other use that user expressly permitted after true and fair explanation of its purpose

We also use your information only in accordance with all laws and all regulations, including the law on respect for privacy. You can always ask to be removed from our database and view the information we hold about you on request by registered mail to our head office.

Moreover, we are specifically authorized to disclose personal information in order to be able to respond to legal requirements, enforce our rules, responding to a claim based on the fact that such offers or other content violates the rights of third parties or guarantee the rights, property or safety of others.

Localimus and other users do not allow spam or other unsolicited commercial messages. Therefore, notwithstanding the above, you may not add a member or user to your mailing lists (e-mail or regular mail) without their express prior written consent and without clear notification, even if that employee or user has purchased a product from you. You can report spam via the support system.

Relations between the parties


The authors of Localimus and the users or members are independent parties, each acting in its own name and on its own behalf. These Terms of Use do not create any relationship of subordination, agency, mandate, joint venture, employer/employee or franchisor relationship between the authors of Localimus on the one hand and the user or member on the other hand.



Applicable rights and competent courts


These Terms of Use shall be governed by and construed in accordance with Belgian law. Any dispute relating to the validity, interpretation or execution of these Terms of Use shall be submitted to the Commercial Court of Mons.

In the event that one or more articles contained in the Terms of Use are considered illegal, unenforceable or unenforceable by a court decision, the other articles of the Terms of Use shall remain in force. Various stipulations Localimus contains links to other sites and is not responsible for the privacy policies or practices of other sites.

When the member or user of the site clicks on a link to another site, the member or user is required to read the privacy policy of that site.

Localimus is not responsible for interactions between members. The members of the site can be individuals or professionals.

The titles of the various articles of these Terms of Use are purely indicative without necessarily determining their content. You agree that the rights and obligations arising from these Terms of Use and all documents incorporated herein by reference may be freely and automatically assigned by Localimus to a third party in the event of a merger, acquisition or other event. In any event, by using the site, you agree to comply with all applicable national, European and international laws relating to the use of our services and your activities on the site. In addition, you expressly acknowledge and agree that the use of our services by you may result in a qualification as a merchant within the meaning of the law. If you are a trader, you are subject to certain specific obligations, such as registration in the commercial register, keeping accounts in accordance with applicable rules, payment of VAT and other applicable taxes and duties and the provisions of the law in the event of insolvency. In addition, as a merchant, or more generally if you use the site as a professional seller, you must comply with the regulations relating to invoicing as well as generally all the rules of consumer law.

No waiver of these Terms of Use is permitted except in writing and upon signature of a new contract by you and Localimus. Any notification to you will be sent by e-mail to the address you provided to Localimus when you registered. Notifications are deemed to have reached you 24 hours after the e-mail is sent, unless we receive a notice that the e-mail address is incorrect. Changes to the Terms of Use Localimus may at any time decide to modify these Terms of Use. These modifications take effect as soon as the conditions of use are changed. However, Localimus is required to notify each user by email of such changes before they occur.

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