Article 1 - Definitions
The following terms shall be used:
- - 'Application': The Kalipi application and all its pages and screens
- 'Product': digital content or service that can be purchased or subscribed by an in-app purchase in the app
- 'Publisher': The person, moral or physical, responsible for the publishing and content of the application
- 'User': The mobile user accessing and using the Application
- 'Customer': The User who makes a Product purchase in the Application
- 'Store': The online application download platform used by the Publisher to publish the Application, and used by the User to download the Application
Article 2 - Notices demanded by the Confidence in the Digital Economy Act, to which the Application is subject
This Application is published by Kalipi EURL.
Legal information concerning the Application's Publisher, notably detailed information regarding capital and registration, are provided in the Application's Legal Notice.
The Kalipi Application allows users to evaluate their daily calorie and nutritional intake according to their needs. This Application does not replace the opinion of a doctor or any other health professional and cannot establish a medical diagnosis concerning your weight and your health. The information it contains does not constitute consultation or a recommendation for treatment. The content of the Application is intended to improve and not replace the relationship between users and doctors. The contents made available by the Application are provided for information purposes. No warranty is given as to the accuracy of the data provided and the absence of error or omission.
Use of the Application implies acceptance, by the User, of these General Terms and Conditions in their entirety, which he or she acknowledges having read and fully understood. This acceptance shall be deemed to have the same validity as the User's handwritten signature. The User acknowledges that the automatic registration systems used by the Application Publisher constitute documentary proof and, unless able to provide evidence to the contrary, he or she will not contest this proof in the event of a complaint.
Acceptance of these General Terms and Conditions implies that users have the necessary legal capacity to do this. If the User is a minor or does not have this legal capacity, they are stating that they have the authorization of a legal guardian, trustee or legal representative.
Article 3 - Characteristics of the products and services offered
The products offered are those listed in the catalog published in the Application, and each Product is accompanied by a description. The customer service of the Application is accessible by email to the following address: [email protected] or by post to the following address: 2 Rue des Gladiateurs, 34170 Castelnau-le-Lez, in which case the Publisher undertakes to provide an answer within 7 days.
Article 4 - Rates
The prices appearing in the Application are prices understood in Euros with all taxes included (TTC), taking into account the VAT applicable on the day of the purchase.
Kalipi reserves the right to transfer any change in the VAT rate to the price of the products or services. The Publisher also reserves the right to modify its prices at any time. However, the price listed in the Application on the day of purchase will be the only price applicable to the buyer.
Article 5 - Application accounts
A User, who has created an account through the Application (a Member) may access it by connecting via the login provided for at registration and/or systems such as third-party social network connection buttons. The User shall be solely responsible for protecting his or her chosen password. The use of complex passwords is recommended. If a Member forgets his or her password, he or she shall have the option to generate a new one. This password guarantees the confidentiality of the User's account information and he or she therefore agrees to not transmit it to or share it with third parties. Otherwise, the Application Publisher cannot be held liable for unauthorized access to a User account. The member may be asked to provide a certain amount of personal information when acquiring products via the Application; he or she is committed to providing accurate information. The account allows the client member to view all purchases made on the Application. If the information contained in the member account section disappears as a result of a technical failure or a case of force majeure, the liability of the website and its Publisher cannot be engaged, since this information has no probative value, but is solely of an informative nature. The pages and screens of the account do not constitute any proof, they are only informative intended to ensure an effective management of purchases or contributions by the member. The Publisher reserves the exclusive right to delete the account of any member who may have breached these terms (including, but not limited to, when a member has knowingly provided false information during their registration) or is inactive for at least a year. The said removal shall not be damaging to the excluded member, and he or she cannot request any compensation as a result. This exclusion does not exclude the possibility for the Publisher to undertake judicial proceedings against the member, when the facts have warranted it so.
Article 6 - Exemption from liability of the Publisher in the connection with the execution of this contract
If the Application is impossible to access due to technical problems of any kind, the User may not request damages and will not be entitled to any compensation. The unavailability of one or more products, even for a prolonged period of time, cannot be considered as damaging to users and will in no way result in the distribution of compensation by the Publisher. The hyperlinks on the Application may send users to other applications or websites and the Application Publisher cannot be held responsible if the content of these sites and applications contravenes legislation. The Publisher can also not be held responsible if the use of these sites or applications causes harm to the User.
7 - Intellectual property rights relating to the Application elements
All Application elements belong to the Publisher or to an appointed third party, or are used by the Publisher with the authorization of their owner. Any copy of any logo, text-based, visual or video content (this list being non-exhaustive) is strictly prohibited and will be considered a copyright infringement.
Any member who is found guilty of duplication would likely see their account deleted without notice or compensation by the Application Publisher or their representative, and the Publisher shall not pay any damages or be subject to any subsequent judicial proceedings against them.
The present Application uses elements (images, photographs, contents) whose credits return to:.
Article 8 - Trademarks
The trademarks and logos contained in the Application are registered by Kalipi, or possibly by one of its partners. Any use of their representation, reproduction, interlinking, distribution and redistribution shall be punishable pursuant to Articles L.713-2 et seq. of the Intellectual Property Code.
Article 9: Limitation of liability
The Application Publisher, especially in the online sales process, is only bound by an obligation of means. He/she cannot be held liable for damages resulting from the Application such as data loss, hacking, viruses, service stoppages, etc. The Application Publisher, Nutielse, cannot be held liable for any breach of contract due to a force majeure or notably catastrophic event, including flood or fire disasters. Concerning the products purchased, the liability of the Publisher cannot be engaged for any indirect damages that result from these terms and conditions, such as any operating loss, loss of profits, damages or costs, which may occur. The choice and purchase of a Product or a service are the sole responsibility of the Customer. Therefore, the total or partial inability to use such products due to incompatibility of equipment shall not result in any compensation, reimbursement or questioning of the responsibility of the Publisher, except in the case of proven hidden defects or non-compliance. In case of non-availability of a purchase made in the Application, the Customer has six months maximum (from the date of purchase) to raise a claim. Beyond this period, no claim will be accepted. The User expressly agrees to use the Application at his or her own risk and under his or her sole responsibility. The Application provides the User with content that is for informational purposes only, with the possibility of flaws, errors, omissions, inaccuracies and other ambiguities. In any event, Kalipi shall never be liable:
- for any direct or indirect damage, notably as regards loss of profits, loss of revenue, loss of clientele, and/or data, resulting from, among other things, the use of the Application, or from the impossibility of its use
- for the malfunction, unavailability of access, misuse, incorrect configuration of the User´s device, or through the use of a seldom used or obsolete device by the User
- for the content of advertisements and other links or external sources accessible by the User via the Application
Article 10 - Access to the Application via internet connection
The Publisher cannot be held liable for any technical unavailability of connection, whether due to force majeure, maintenance, updating, modification, host intervention, internal or external strike, network outage, power failure, or misconfiguration or use of the User's device.
Article 21 - Account closure
Any members shall be free to close his or her own account. To do this, the member must send an email to the Publisher stating that he or she wishes to delete his or her account. Thereafter, it will not be possible to recover any data.
Article 12 - Applicable law
These terms are subject to French law. They can be modified at any time by the Publisher or their agent. The terms applicable to the User are applied on the day that he or she purchases or connects to the Application. The Publisher shall keep all previous terms and send them to any User who requests them. Except for public order provisions, all disputes that may arise related to the execution of these terms may, at the Publisher's discretion, be subject to an amicable settlement before any legal action is taken. The User is expressly reminded that any request for an amicable settlement does not set aside the deadlines fixed for instigating legal action.
Unless otherwise provided by public order, any legal action relating to the performance of this contract shall be determined by the courts under the jurisdiction of the Court of Appeals.
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional. For this purpose, the professional guarantees to the consumer the effective use of a consumer mediation system". As such, Kalipi offers its consumer customers, in the context of disputes that could not find an amicable resolution, the mediation of a consumer mediator, whose contact details are as follows:
Mediator of the Medicys Mediation Center
- [email protected]
It is reminded that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
The word "Cookie" is used broadly in this context and includes any file uploaded onto the User's device to continuously identify or protect information on the device. A "Cookie" stores the User's identity, how he or she views the site, and the speed he or she goes through the Application screens by recording this in a data file on his or her device. The Application uses "Cookies" mainly to 1.) allow the Application to store User actions and settings in the Application, 2.) provide navigation statistics to improve the User's experience, and 3.) provide access to a member account and content that is not accessible without a connection. The User acknowledges that he or she has been informed of this practice and authorizes the Publisher to utilize it. The User may refuse the access of "cookies" by changing the settings on his or her device or Application, but the Publisher will then not be able to ensure that the Application will work as expected, and is not liable if the Application is not operable.
Article 14 - Payment information
The User can place an order on this Application and make its payment using the credit card which he has provided the information to the Store. Payments are made through secure transactions provided by the Store. This Application has no access to data on the User's payment method. The payment is made directly in the hands of the Store receiving payment from the Customer.
Article 15 - Provision and waiver of the right of withdrawal
The Publisher undertakes to make the products available immediately upon purchase. The products offered in the Application do not allow the Customer to exercise his right of withdrawal, pursuant to Article L.221-28 of the Consumer Code, because these are services fully performed before the end of the legal withdrawal period or digital content not provided on a material medium where performance has started after the express prior consent of the consumer, and that the User has expressly waived his right of withdrawal at the time of purchase. The Customer acknowledges having read the non-application of the right of withdrawal for his or her purchases, which will be recalled during the sale process and will require an express waiver by the Customer of his right of withdrawal for the waiver to be valid, and renounces his or her right of withdrawal.
Article 16 - Guarantee of products purchased in the Application
All the products acquired on the Application benefit from the following legal guarantees, provided for by the Civil Code; Conformity guarantee: According to articles L.217-4 and following of the Consumer Code, the seller is required to deliver a Product that complies with the contract and to respond to any lack of conformity existing during the delivery of the compliant Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. Guarantee of hidden defects: According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented do not appear at the time of the purchase and are serious enough (the defect must either make the Product unfit for the use for which it is intended, or reduce the use to such an extent that the buyer would not have bought the Product or would not have purchased it at such a price had he or she known the defect ). In case of non-compliance of a Product sold, it can be refunded by the seller. All claims or refund requests must be made by post to the following address: 2 Rue des Gladiateurs, 34170 Castelnau-le-Lez or by email to [email protected].
Article 17 - Archiving
Kalipi will archive the purchase orders and invoices on a reliable and durable support constituting a faithful copy. The digital records will be considered by the parties as proof of communication, orders, payments and transactions that took place between the parties.
Article 18 - Supervision of the Terms and Conditions
If any provision of the General Terms and Conditions is found to be unlawful, void or, for any other reason, unenforceable, then that provision will be deemed severable from the Terms and Conditions and shall not affect the validity and/or enforcability of the remaining provisions. These conditions represent the entire agreement between the User and the Publisher. They replace any prior or recent, written or verbal agreements. The User cannot assign, transfer, or sub-license the terms. A printed version of the Terms and Conditions and any notices given in electronic form may be requested for judicial or administrative proceedings that are related to the Terms and Conditions. The parties agree that all correspondence relating to these terms and conditions must be written in French.
Article 19 - Notifications
Article 20 - Complaints
Any claim relating to using the Application or its pages on social networks, or related to the terms, legal information or personal data charter, must be filed within 365 days from the date on which the reason for the complaint arose, regardless of any statute or law to the contrary. In the case that such a complaint is not filed within 365 days of the event, this complaint shall not be enforceable in court.
Article 21 - Inaccuracies
There may be, to a limited extent, inaccuracies or errors, or information that is in conflict with the terms, legal notices or personal data policy throughout the Application and the offered products. In addition, it is possible that unauthorized modifications are made by third parties to the Application or related services (social networks, etc.). We make every effort to ensure that such gaps are corrected. If such a situation escapes our attention, please contact us by post or by email at the addresses indicated in the website’s legal notices, if possible, with a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For applications involving copyright, please refer to the section on intellectual property.
All rights reserved - July 4, 2021