GENERAL CONDITIONS OF USE
OF THE CUSUAKA WEBSITE

CUSUAKA is a société par actions simplifiée (simplified joint stock company) with capital of 10,000 euros, having its registered office at 17 rue Yves Kermen, registered in the Nanterre Trade and Companies Register under number RCS 852 035 583 and represented by Mrs BODINIER, ARROYAVE Charlotte Marie Dominique in her capacity as President (hereinafter referred to as the "Company").
These General Conditions of Use (hereinafter referred to as the "GCU") define the legal framework for use of the website accessible at http://www.cusuaka.com, designed and operated by the Company. These GTUs also contain information relating to the rights of users and the restrictions imposed on these rights by laws or regulations.
By using the website, the application and its services, the user unreservedly accepts these GCU. Consequently, the user declares and acknowledges having read the present General Terms of Use.
Each user must refer to the most recent version of these conditions, available at the following address: http://www.cusuaka.com/
The Site is published by the Company. It is hosted by OVH, SAS with capital of 10,069,020 euros, headquartered at 2 Rue Kellermann, 59100 Roubaix, France.
Charlotte Arroyave is the Site's publishing director.
The Company can be contacted by e-mail: hola@cusuaka.com

ARTICLE 1: DEFINITIONS

In these General Terms of Use, words or expressions beginning with a capital letter have the following meaning:
● Customer: refers to any person purchasing Products via the Site;
● Account: refers to the area accessible on the Site, enabling Users to access all the functionalities offered by the Company;
● Content: refers to any text, graphic, image, music, video or other element that may be placed online by a User;
● Intellectual Property Rights: refers to all literary and artistic property rights (copyright and neighboring rights), industrial property rights (trademark, design and model and patent) provided for in the French Intellectual Property Code and international treaties;
● Site: refers to the "CUSUAKA" Site, available at the following URL link: http://www.cusuaka.com, published by the Company, as well as all Content created, including in particular: the graphic charter, frames, banners, flash and video animations, source code, html code and programming;
● Product: refers to any item and/or service marketed by the Company via the Site;
● Service(s): refers to all services offered by the Company accessible via the Site.
● User(s): refers to any person with an Account who uses the Site or all or part of the Services offered by the Site;

ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION

The Company is a company specializing in trading in France, importing and exporting products (food and non-food), as well as all related services, including but not limited to: coffee machine rental, coffee events (hereinafter referred to as the "Service(s)").
By taking advantage of the Services offered by the Site, Users declare their unreserved acceptance of these GCU. Consequently, Users declare and acknowledge that they have read and understood the provisions of these GCU. At any time, if the User does not agree with any of the clauses of the GCU, he/she must immediately terminate use of the Site and associated Services.
The present GTU are available at any time by clicking on a direct link at the bottom of each page of the Site.
The Services offered by the Company are available on the Site.
The Site and its Services are accessible to any User with Internet access. All costs associated with accessing the Site, including hardware, software and Internet access costs, are the sole responsibility of the User.
Access to the Site or its Services may be limited to a maximum number of accesses and/or a specific duration within a defined period of time.
The Company reserves the right to create any functionalities it deems useful.

ARTICLE 3: ENTRY INTO FORCE - DURATION

These GCU are applicable for the duration of browsing and access to the Site.
The Company reserves the right to modify these GCU at any time. Unless the amendments are due to legal or administrative obligations, the User will be given reasonable notice before the implementation of the updated GCU.
Any modifications will take effect as of their publication. The User agrees to be notified of updated GTUs by their publication on the Site.
By continuing to use or access the Site after the effective date of the updated TOU, the User declares that he/she has read the updated TOU and accepts all modifications thereto. The present GTU shall govern any disputes that may arise prior to the effective date of the updated GTU.
The latest version of the GCU available online on the Site shall prevail, where applicable, over any other version of the present GCU.

ARTICLE 4: CREATING AN ACCOUNT

To access all of the Site's functionalities, the User must create an Account. Browsing the Site and accessing the information published therein are subject to registration on the Site.
Each time the Site is used, the User must systematically enter his/her login details, which he/she must keep secret. These identifiers are non-transferable and for strictly personal use. The User must ensure that his login details are not used or likely to be used by third parties. To this end, he/she undertakes to keep the different elements making up his/her identifiers separate.
By creating an Account, the User guarantees that he/she will protect the information relating to his/her Account and will be entirely responsible for any use of his/her Account by himself/herself or by a third party.

4.1 Individual registration

The individual User (hereinafter referred to as the "Individual User") must provide the following information when registering:
● Full name ;
● E-mail address
● Telephone number ;
● Password;
Once the information has been transmitted, a validation e-mail will be sent to the Individual User. Once the account has been validated, the User can access the functionalities of his/her account.
The User can then specify the following information:
- Delivery address ;
- Billing address;
This information is optional and has no impact on the use of the Services.
The Company may request certain additional information in order to verify the User's identity. By accepting these GCU, Users agree to provide all the above information at the first request of the Company. Otherwise, the Services will not be accessible.
Once this information has been provided, the Individual User will receive an e-mail asking him to validate his registration.
Once the Account has been created, the User has access to a dashboard (hereinafter referred to as the "Personal Space"), enabling him/her to consult his/her profile and access his/her purchase history, as well as all the services offered by the Company, a list of which is accessible directly from his/her Account.

4.2 Professional registration

The Professional User (hereinafter referred to as the "Professional User") must provide the following information when registering:
● Company name ;
● Address ;
● Manager's first and last name;
● Kbis extract ;
● SIRET number ;
● Number of employees ;
● Telephone number ;
● E-mail address ;
● Password;
Once this information has been entered, the Professional User will receive an e-mail asking him to validate his registration.
Once the Account has been created, the Professional User has access to a dashboard (hereinafter referred to as the "Professional Space"), enabling him/her in particular to consult his/her profile, access his/her purchase history and have access to services reserved for Professional Users.
The User undertakes to provide accurate and truthful information and to update it systematically, via his/her profile or by notifying the Company, in order to guarantee its relevance and accuracy throughout use of the Site. The User undertakes not to create or use, under his/her own identity or that of a third party, Accounts other than the one initially created.
In the event of non-compliance with the provisions of these GCU, the Company reserves the right to modify or terminate access to the Site at any time, without notice and without liability to the User.
The Company also reserves the right to remove any Content from the Site, for any reason whatsoever and without prior notice. However, deleted Content may be retained by the Company in order to comply with certain legal obligations.

ARTICLE 5: SERVICES

The creation of an Account enables Users to access certain functionalities available on the Site. In particular, these features allow Users to:
● Purchase coffee products, coffee accessories and delicatessen products;
● Take out a subscription without obligation;
● Access account data;
● Access to purchase history;
● Access, for Professional Users, to services dedicated to them, including advice and animation;
● Contact CUSUAKA support;
The Services offered by the Company are subject to change. The Company reserves the right to offer any Services it deems useful, in a form and according to the functionalities and technical means it deems most appropriate for rendering said Services.

ARTICLE 6: OBLIGATIONS OF THE PARTIES

The User undertakes, while using the Site, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. The User is solely responsible for the information transmitted via the Site. In this respect, the Company cannot be held liable under any circumstances.
When using the Site and/or its Services, Users shall refrain from :
● Defame, abuse, harass, stalk, threaten or otherwise infringe the rights of others (such as rights relating to privacy and publicity) ;
● Upload to the Company's servers, publish, e-mail, transmit or otherwise make available any material of any kind (whether or not computer-related, written or otherwise);
● Impersonate any other person or entity, falsify or delete any copyright notices, legal notices, proprietary rights notices or labels concerning the origin or source of Services or any other elements of the Site;
● Remove copyright, trademark and other proprietary notices from the Site and/or its Services and/or related documents;
● Partially or totally prevent another User from accessing or using the Site or employing or benefiting from the Services;
● Use the Site or Services for purposes that are illegal, prohibited or likely to undermine public order and/or morality;
● Interfere with or interrupt the Site and/or Services, or the servers or networks connected to the Site and/or Services, or violate the requirements, procedures, rules or regulations of the connected networks;
● Use a robot, spider, or other device to retrieve or index all or part of the Site and/or Services, or to collect information about Users for unauthorized purposes;
● Create Accounts automatically or for devious or fraudulent purposes;
● Promote or provide instructions on illegal activities, or promote physical or moral violence against a group or person ;
● Promote any religion or religious activity;
● Offer any commercial promotion or preferential rates from any other company or service;
● Transmit viruses, worms, defects, Trojan horses or any other element of a destructive nature or likely to steal or reveal data of another User. Users also undertake to:
● Not to publish any false information;
● not, when using the Site, to behave in any way that is likely (i) to cause harassment of third parties or to incite third parties to engage in harassment, (ii) to incite hatred, discrimination, racism, fanaticism or physical violence against individuals or groups of individuals, (iii) to solicit funds for the financing of illicit activities, (iv) to represent or advocate illegal activities or behaviour of a defamatory, abusive, obscene, threatening or libellous nature, as well as false or misleading information, (v) to promote or encourage any criminal activity or enterprise, or to give indications or instructions on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses.
In the event of a breach by the User of any of the provisions hereof, the Company reserves the right to:
● Suspend, remove or prevent access to the Services by the User who is the author of or complicit in the breach;
● Delete any Content related to the breach in whole or in part;
● Take all appropriate measures and initiate any legal action;
● If necessary, notify the competent authorities, cooperate with them and provide them with all information useful for the investigation and repression of illegal or illicit activities.

ARTICLE 7: LIABILITY

The Company cannot be held responsible for Content published by Users on any medium or Platform whatsoever, and gives no warranty, express or implied, in this respect.
Users are solely responsible for their use of the Site and for the direct or indirect consequences of such use. It is their responsibility to use the Site in accordance with current regulations and C.N.I.L. recommendations.
In no event shall the Company, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third-party Content providers or licensors, or any of their respective officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:
● use of the Site or Services ;
● the inability to use the Site or Services;
● the modification or deletion of Content transmitted via the Services; or
● the TOS.
Under no circumstances shall the Company's liability in connection with the Services exceed the value of the sums it has received. The User agrees that any grievance arising from or relating to the Site or the Services must be formulated within one (1) year of the event giving rise to the grievance, failing which the said grievance shall be definitively barred. As some jurisdictions do not allow limitations on the duration of implied warranties, some or all of the above limitations may not apply to you.
Furthermore, the Company shall not be held liable for the non-functioning, impossibility of access or malfunctioning of the Services of the User's access provider or of the Internet network.
The same applies to all other reasons beyond the Company's control. Although the Company makes every effort to prevent malicious use of the Site, it cannot be held responsible for any damage resulting from the transmission of a virus or any other element liable to contaminate computer equipment and programs.

ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS

"CUSUAKA" is a trademark registered with the INPI under number 4549329. The Company is the exclusive owner of the intellectual property rights to the Site, and in particular to all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Site, as well as its databases, of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database law and image rights, worldwide.
As such, and in accordance with the provisions of the French Intellectual Property Code, only the use of the Site for private purposes is authorized, subject to different or even more restrictive provisions of this code.
Any other use constitutes an infringement and is punishable under the Intellectual Property Code without the prior authorization of the Company.
Any form of total or partial copy, aspiration or reproduction of the database produced and operated by the Company on the Site is strictly forbidden without its prior written consent.
The Company is not the owner of the Content published on the Site. By using the Site, the User grants the Company a non-exclusive, royalty-free, perpetual, royalty-free, transferable, irrevocable and sub-licensable right to use the Content that the User publishes on the Site.
Under the present license, the User authorizes the Company to freely use all or part of the Content published, to represent, distribute and reproduce it on the Site.
The Company therefore remains free to distribute User Content for promotional, advertising or profit-making purposes, in particular through competitions or partnerships. Such distribution may be by any means whatsoever. Consequently, the User declares that :
● He/she is the owner of the Content published on or via the Site, or that he/she is authorized to grant the rights and licenses referred to in these GCU;
● The publication and use of the Content on or through the Site does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, rights of privacy, rights of publicity, copyrights, trademarks and other intellectual property rights.

ARTICLE 9: TECHNICAL PROVISIONS

The Services are provided on an "as is" and "as available" basis. The Company does not guarantee error-free, uninterrupted and secure provision of the Services offered via the Site.
The Company is under no obligation to provide personalized assistance, particularly of a technical nature. The Company disclaims all warranties, express or implied, in particular concerning the quality and compatibility of the Site for the use that Users will make of it.
The Company does not guarantee any result or benefit from the use of the Services offered through the Site.
Nor does the Company guarantee that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

ARTICLE 10: SECURITY

Users undertake to take all reasonable precautions to preserve the confidentiality of their login and password enabling access to the Site. In this respect, Users undertake in particular to:
● Under no circumstances to write down their login or password, even in encoded form;
● Always use his/her login and password away from prying eyes and ears;
● To refrain from composing their login details in front of third parties;
Users are also strongly advised to change the password required to access the Site at regular intervals, by accessing their Account, "my account" tab, "my password", then "edit".
When changing his/her password, the User must ensure that it does not contain any easily identifiable combinations, such as his/her surname, first name, date of birth, or those of a close relative (spouse, child, etc.), or a password used for other purposes (in particular for personal messaging, etc.).
The User also undertakes not to store his/her login details on his/her computer, smartphone and/or digital tablet, nor to send them via unsecured transmission channels such as e-mail or SMS.
The User is also responsible for deleting any information stored on his/her computer, smartphone and/or digital tablet after using the payment services, in particular deleting cookies and history or deleting data stored in the cache memory. The Internet is an open international telecommunications network to which the User may have access via a computer, smartphone or digital tablet. In order to access the Site and Services, the User must comply with the technical requirements (concerning equipment and software) as described in these GCU.
The User is responsible for taking all necessary measures to ensure that the technical characteristics of his or her computer, smartphone or digital tablet, as well as their software and Internet subscription, enable him or her to access the Site in complete safety.
The User is entirely responsible for the correct operation of his/her computer equipment and Internet connection. In this respect, the User must ensure that this equipment is free of problems or viruses and presents sufficient security to prevent the risk of a third party gaining access to his/her Account and the data contained therein.
The User must make every effort to preserve this security. To this end, the User must ensure in particular that there is no risk of hostile programs or viruses gaining access to and disrupting the Company's computer systems. In particular, the User must ensure the security of his/her computer, smartphone or digital tablet, by using and regularly updating anti-virus and anti-spyware software, as well as a personal firewall.
The User assumes all technical risks, in particular those associated with power cuts, connection interruptions, malfunctions or network or system overloads.
The User acknowledges that he/she must use the Internet service provider of his/her choice to access the Internet, the Site and the Services. In this context, the User acknowledges that it is his or her responsibility to choose his or her Internet service provider and to determine the terms and conditions of his or her relationship with it.
The Company shall not be held liable for any risks relating to Internet access and any risks relating to the transmission of remote data by or to the User, in particular in the event of a dispute between the User and his/her Internet access provider, relating to the confidential/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions to telephone lines and the Internet network.
The User is responsible for using the Services in accordance with the technical requirements and security instructions provided by the Company. Under normal conditions, the Services are accessible via the Site.
The User must connect to the Site for a limited period of time and undertakes to disconnect as soon as he/she has finished using the Services. As disconnection from the Site is not automatic, once connected, the User remains connected to the Site until he/she disconnects by clicking on the "Disconnect from Site" link.
The Company reserves the right to:
● Delete or remove any Content or information that the Company deems inappropriate ;
● Without prejudice to any legal action taken by third parties, take any legal action on its own behalf to repair any damage that the Company may have personally suffered as a result of breaches attributable to Users under these GCU;
● If necessary, notify the competent authorities, cooperate with them and provide them with all information required to investigate and punish illegal or illicit activities, in accordance with current legislation.

ARTICLE 11: FORCE MAJEURE

Any event beyond the control of the Company and against which it could not reasonably guard constitutes a case of force majeure, and as such suspends the obligations of the parties, such as but not limited to: a strike or technical breakdown (edf, erdf, telecommunications operators, internet access or hosting providers, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communications network on which the Company depends and/or any networks that may replace it.
The Company may not be held liable, or considered to have failed in its obligations under these GCU, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, on condition that it notifies the other party of the event, on the one hand, and that it does its utmost to minimize the damage and perform its obligations as quickly as possible after the cessation of the case of force majeure, on the other.

ARTICLE 12: COMPLETENESS

The provisions of these GCU express the entire agreement between Users and the Company. They prevail over any proposal, exchange of letters prior or subsequent to the conclusion of the present agreement, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the GCU, except in the case of an amendment duly signed by the representatives of both parties.

ARTICLE 13: NON-WAIVER

The fact that one of the parties to these GCU has not required the application of any clause, whether permanently or temporarily, shall in no case be considered as a waiver of that party's rights arising from the said clause.

ARTICLE 14: NULLITY

If one or more provisions of these GCU are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations of these GCU shall retain all their force and scope.
Where applicable, the Company undertakes to immediately remove and replace the said clause with a legally valid clause.

ARTICLE 15: SECURITIES

In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed not to have been written.

ARTICLE 16: JURISDICTION - APPLICABLE LAW

These GCU shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.
In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GTUs, the parties agree to use their best efforts to resolve amicably any disputes to which these GTUs may give rise.
Thus, in the event of a dispute between a User and the Company, the parties agree to negotiate a settlement in good faith. If the parties fail to settle the dispute after at least thirty (30) working days of negotiation, the dispute will be settled before the court having exclusive jurisdiction.
All disputes, in particular relating to the validity, performance, interpretation and/or termination of these GCU, shall fall within the exclusive jurisdiction of the courts of the jurisdiction of the Company's registered office, unless otherwise provided by mandatory procedural rules.