EATMACHINE – Guests General terms and conditions of service Object These general conditions set out the terms according to which customers (hereinafter referred to as the “Guests”) acquire, using the services developed by EATMACHINE (hereinafter referred to as “the Services”), meals from partner Restaurants of EATMACHINE (hereinafter referred to as “the Meals”) presented in EATMACHINE connected refrigerators. By accessing the EATMACHINE website and applications or using EATMACHINE connected refrigerators, Guests agree to be bound without reservation by these general conditions. Presentation of EATMACHINE eatmachine.com is a site operated by HelpYourShelf, SASU with a capital of 25,000 euros, registered in the Nanterre Trade and Companies Register under number 528 827 033 with registered office at 62 rue Etienne Dolet, 92240 Malakoff. Its intra-community VAT number is FR64840841381 EATMACHINE installs connected refrigerators which present the Meals of partner Restaurants for sale. Availability of Refrigerators and Meals Connected refrigerators are, in principle, permanently in operation but they can be stopped during periods of maintenance, cleaning or for any other just reason. Access to the Refrigerators depends on the opening hours of the place in which they are installed. Meals are supplied by EATMACHINE partner Restaurants according to a frequency that partner Restaurants determine. Use of Connected Refrigerators by Guests Connected Refrigerators allow Guests to identify themselves through an EATMACHINE mobile application. Identifying a Guest allows them to unlock the connected Fridge, open the door and choose the Meal (s) they want. Each Meal stored in the Refrigerator is equipped with a recognition tool, such as RFID, which allows the connected Refrigerator to identify and record the Meal (s) chosen by the Guest (s) and coming out of the Refrigerator. The fact that a Guest takes the Meal out of a Refrigerator constitutes acquisition of that Meal. The Guest is required to close the Refrigerator door after removing the chosen Meal and to check that the door once closed has relocked properly. If the door does not lock again, the Guest is required to inform EATMACHINE without delay. EATMACHINE acts as an agent on behalf of the partner Restaurants and sells the Meals they choose to the Guests in the Connected Refrigerators. A confirmation e-mail is sent to the Guest when they take a Meal from the Refrigerator. The contract for the supply of any Meal chosen by the Guest is entered into between the Guest and the partner Restaurant from this confirmation email. The Guest who has chosen and removed a Meal from the Refrigerator cannot cancel the contract for the supply of the Meal. He is expressly informed that he does not have a right of withdrawal, under the provisions of Article L. 121-21-8 paragraph 4 of the Consumer Code, Meals being perishable goods. The Guest is required to act as a consumer. Any resale of the Meals is strictly prohibited. The Guest can only act for his own account and choose Meals that he intends for his own consumption. The price of the Meals is indicated on the connected Fridge and is expressed inclusive of VAT, including VAT. The prices vary according to the Meals and are determined by the partner Restaurants. Prices are subject to change at any time. All Meals must be paid by credit card through the services offered by EATMACHINE. By agreeing to contract on the basis of these conditions, the Guests explicitly acknowledge their obligation to pay. Once the Meal is removed from the Refrigerator, the payment card registered by the Guest receives a debit authorization and the amount is reserved to be debited. Payment is made directly to EATMACHINE which transmits to the partner Restaurant the share due to it. EATMACHINE is authorized by its partner Restaurants to accept payment on their behalf and payment of the price of Meals to EATMACHINE releases the Guest from their obligation to pay the partner Restaurant. EATMACHINE makes available to Guests the invoice for the Meals they have purchased in the Connected Refrigerators. The Guests expressly undertake: Not to damage the connected refrigerators during their use; To choose their Meal through the glass door of the connected Refrigerator without opening it, so as to limit the opening time of the glass door as much as possible; Do not touch the connected Refrigerator until you have washed your hands thoroughly. Only open the refrigerator door to takeraise the chosen Meal (s) and close it immediately afterwards, the door opening time being limited to 10 seconds. After this time, an alarm signals the Guest that the maximum door opening time has been exceeded, which automatically results in the guest being charged a penalty. EATMACHINE informs the Guest by any means that he has not closed the door of the connected Refrigerator and urges him to do so without delay. If the Guest does not close the door before the expiry of a period indicated to him by EATMACHINE and beyond which it is considered that the quality or harmlessness of the stored Meals are likely to be impaired, a a new penalty is applied to the Guest corresponding to the price of all Meals then present in the Refrigerators increased by 30%, this increase corresponding to the costs of cleaning and repairing the connected Refrigerator; Do not place or store anything in the connected Refrigerator. Any good deposited by a Guest in the connected Refrigerator is considered waste and results in the invoicing of a penalty to the Guest to cover the cost of eliminating said waste and cleaning the Refrigerator. Personal data EATMACHINE offers services which lead it to process personal data which is necessary for the optimal functioning of connected refrigerators and EATMACHINE services. The information collected by EATMACHINE is recorded in a computerized file by HelpYourSelf, SASU with a capital of 25,000 euros, registered in the Nanterre Trade and Companies Register under number 840 841 381 whose head office is located at 62 rue Etienne Dolet 92240 Malakoff, represented by its President. The purposes of this processing are: the management of the sales of Meals for which the legal basis is the execution of a contract (article 6.1.b) of the European Data Protection Regulation); the conduct of marketing operations (loyalty, promotion) and the sending of commercial solicitations to customers who have not opposed it or who have accepted it, the legal basis of which is either (i) the legitimate interest of the company aiming to promote its products to its customers (article 6.1.f) of the European Data Protection Regulation) or (ii) consent (article 6.1. a) of the European Data Protection Regulation); the transmission of the information collected to business partners whose legal basis is consent article 6.1. a) of the European Data Protection Regulation); the transmission of information to health authorities whose legal basis is the protection of the vital interests of the data subject (Article 6.1. d) of the European Data Protection Regulation). The categories of data processed are: Identity: title, surname, first name, address, telephone number, email address, date of birth, internal processing code allowing the identification of the Guest, data relating to registration on opposition lists; Data relating to purchases: transaction number, purchase details, amount of purchases, date of purchases, payment of invoices (payment, unpaid bills, discounts), penalties; Data relating to means of payment: bank card number, expiry date of the bank card, visual cryptogram (which is immediately deleted); Data necessary for carrying out marketing, loyalty, prospecting or advertising actions: identity, history and details of purchases. The data collected will be communicated to the following recipients: HelpYourSelf customer and billing services are recipients of all categories of data; Data relating to the identity of persons, the history and details of Customer purchases are communicated to health authorities at their request or at the initiative of the controller in the event of health risks; Data relating to the history and details of the purchases of Customers who have accepted it are made available to business partners, namely (regularly updated list): Partner Restaurants; Managers of connected refrigerators The data collected is kept: Throughout the duration of the commercial relationship and ten (10) years under accounting obligations, for the data necessary for the management of purchases and invoicing; For the duration of the commercial relationship and three (3) years from the last purchase, for the data necessary to carry out marketing, loyalty, prospecting or advertising actions; Throughout the duration of the commercial relationship for data relating to the means of payment; For three (3) years for the data concerning the opposition lists to be received from prospecting. Guests can access the x data concerning them, rectify them, request their erasure, exercise their right to limit the processing of their data, their right to object to the processing or their right to withdraw at any time the consent given to the processing of their data. To exercise these rights or for any questions about the processing of the personal data of the Guests, the Guests can contact HelpYourShelf at the email address: firstname.lastname@example.org. Guests can consult the cnil.fr site for more information on their rights. Meal quality and safety EATMACHINE makes its best efforts to provide a quality service and is the first point of contact for the Guests in the event of a problem with the Meals. EATMACHINE passes on complaints received from Guests as soon as possible to the partner Restaurants concerned. EATMACHINE makes its best efforts to ensure that the partner Restaurants or the managers of the locations of the Connected Refrigerators ensure optimal cleanliness of the Connected Refrigerators and the places where they are located. EATMACHINE cannot guarantee the quality and safety of the Meals offered, which is the sole responsibility of the partner Restaurants. If a Guest finds or has reason to believe that a Meal does not present all the guarantees of harmlessness, he undertakes not to acquire it and to report it immediately to EATMACHINE. Partner Restaurants are likely to use allergens in the preparation of their Meal and Guests are considered to be duly informed of this possibility. The Guests acknowledge that EATMACHINE cannot be held responsible for complaints arising from the description, content or packaging of Meals, including, but not limited to, allegations or complaints: according to which the Meals do not correspond to the descriptions mentioned in the Restaurant menu, that the Meals are undercooked or unfit for consumption or do not taste good or that the Meals were not properly packaged, except, in each case, to the extent that such failure is due to the acts or omissions of EATMACHINE. Except in the event of death or bodily injury due (due) to the negligence of EATMACHINE, or gross negligence on its part, EATMACHINE cannot, under any declaration, implied warranty, condition or other term or obligation of common law or under the express conditions of the contract, be in no way liable for a loss of profit or an indirect or particular loss, damage, cost, expenses or other claims made by a Guest in connection with the performance of its obligations under this contract. The Guest expressly acknowledges that the Partner Restaurant is solely responsible for complying with the regulations in force on the sale of food products to end consumers, EATMACHINE being only the Restaurant’s agent in the sale of these products. Intellectual property rights EATMACHINE is the holder of all the intellectual property rights of its site, its Services or the elements published on its site. These creations are protected by copyright worldwide. All these rights are reserved and Guests are prohibited from copying, reproducing, republishing, downloading, sending, disseminating, transmitting, communicating to the public or using any content from the site or its Services in any way whatsoever, without express authorization from EATMACHINE. Final provisions No waiver by EATMACHINE to act against a breach of contract by the Guest shall be considered as a waiver to act against a subsequent breach. A waiver of one of the conditions of these general conditions is only effective if it is communicated in writing and signed by EATMACHINE. No absence or delay in the exercise of a right under these general conditions by one of the Parties shall constitute a waiver of said right. In the event that one or more of the provisions of the general conditions are illegal or inapplicable, these provisions are deemed to be separate from the rest of the general conditions. The general conditions are governed by and interpreted in accordance with French law. Any dispute, arising between the Parties in the validity, execution, interpretation or termination of these general conditions, will be subject to the jurisdiction of the Courts of Paris, including in the event of summary action, appeal in guarantee or plurality of defendants.