TERMS AND CONDITIONS OF USE

PRESENTATION

Updated: 26 May 2018

These General Terms and Conditions of Use (hereinafter, the "GTC") apply to the services offered by the company L'Art de Vivre, namely a service, free of charge to the user, for booking restaurant tables online (hereinafter, the "Service" or the "Services").

The use of our reservation service implies that customers booking a table (hereinafter, the "User" or "Users") agree, without reservation, to the present GTC, except in the case of special conditions agreed in writing by L'Art de Vivre.

If Users do not accept the TOS in its entirety, they are required to refrain from accessing and using the Service.

Any document other than these GTCU, including catalogues, brochures, advertisements, notices, etc., is for information purposes only and does not constitute a contractual commitment.

These GTC are applicable as long as they appear on the www.restaurant-art-de-vivre.com / reservations.zenchef.com platform. As soon as these GTC are no longer accessible on this platform, they will no longer be enforceable against L'Art de Vivre.

These General Conditions may be revised at any time. As such, a revised version with the date of the update will be posted on the platform www.restaurant-art-de-vivre.com / reservations.zenchef.com (hereinafter, the "Site"). Users will be bound by this revised version, if they continue to use the Services after the date of revision of the TOS.

1. SERVICE PROVIDER

The company L'Art de Vivre, with a capital of €, registered at the RCS of , with its registered office at . VAT number :

2. SERVICE

1. L'Art de Vivre offers an online reservation service.
2. The use of the reservation module on the restaurant's website in accordance with these General Conditions is free of charge for the User.
3. The User acknowledges that he/she is informed that L'Art de Vivre is entitled to demand a deposit by pre-authorised bank transfer at the time of booking and that it reserves the right to retain this deposit in the event of a reservation not being honoured by the User or of a late cancellation by the User, i.e. less than 3 (three) hours before the scheduled time of the reservation.

3. CONDITIONS OF USE OF THE SERVICE

1. To be able to use the Service, the User must have the capacity to enter into a contract, i.e. be at least 18 years old. To use the Service, the User connects via his/her Internet browser to the reservation module available on the Site. He/she registers by entering the compulsory information indicated on the form, i.e. civil status, surname, first name, email address and mobile phone number.

The Service cannot be used without the User having first registered.
2. The User accepts these GTUs when registering.
3. It is the User's responsibility to ensure the validity of his/her email address and telephone number.
4. Notifications sent by the Site platform by email will be deemed to have been delivered and received on the date of transmission of the email.
5. Notifications sent by the Site platform by SMS will be deemed to have been delivered and received on the date of transmission of the SMS.
6. The User agrees to receive email communications from L'Art de Vivre relating to the booking, such as confirmation, cancellation and feedback information.
7. The User agrees to receive communications by SMS from the restaurant relating to the reservation, such as confirmation, cancellation and feedback information.

4. OBLIGATIONS OF THE USER

1. By entering his/her information, the User accepts, expressly and without reservation, the terms of these general conditions and any special conditions present on the Site.
2. The User undertakes to provide accurate and true information, in particular concerning his/her civil status, surname, first name, email address and telephone number, which are necessary for his/her proper identification.
3. The User undertakes not to:
- use the Service in a way that may harm L'Art de Vivre or its partners;
- use any part of the Service as a tool that may mislead L'Art de Vivre or to send undesirable commercial messages;
- use an automated process or service to access and/or use the Service;
- damage, deactivate, overload or deteriorate the Service, or interfere with its use and enjoyment by anyone.

5. PERSONAL DATA

The company L'Art de Vivre, and in strict compliance with the law and regulations in force, wishes to collect certain information. This information is collected in accordance with the provisions relating to the protection of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The Site and/or its partners may store information on the User's computer. This information will take the form of a "Cookie" or similar file.

Cookies" are small pieces of information sent to the User's device and stored on the User's hard drive to enable websites to recognise the User when he/she visits them.

When the User consults the Site, L'Art de Vivre, subject to the User's consent, may use cookies, pixel tags and other technologies to collect the following data:
- IP address, connection information, browser type, location, time zone, operating system and other technical information,
- Visit information, including websites visited before and after the Site and products viewed,
- Duration of visits to pages on the Site and information about the User's interactions with the pages

The User acknowledges and accepts that L'Art de Vivre, with his consent, reserves the right to install a "Cookie" in his computer in order to record any information relating to the navigation of his computer on the Site.

The User is hereby informed that the personal data collected within the framework of the Service, with his/her consent, are used solely within the framework of this Service and are intended exclusively for the company L'Art de Vivre, which takes the necessary precautions to preserve, as far as possible, the security of the data. By registering, the User consents to the processing of his/her personal data.

It is specified that the User's personal data may not be transferred to a country outside the European Economic Area.

In addition, the User will be asked at the time of the creation of his account to give or not his consent to L'Art de Vivre regarding the use and/or transfer of this information within the framework of partnerships and this, in accordance with the law, in particular with the aim of making the User benefit from information and personalized services.

In accordance with the applicable data protection regulations, the User has the right of access, the right of rectification, the right of deletion, the right of restricted processing, the right to obtain a copy of his personal data for his own purposes or to provide them to another data provider of his choice, as well as the right to object to the processing of his personal data when these are processed for direct marketing purposes.

The User may also withdraw his consent at any time if the processing is based on his consent.

All these rights apply to the extent permitted by the applicable data protection regulations.

To exercise these rights, the User simply needs to send a request by post to the subcontractor of the company L'Art de Vivre, ZENCHEF- Vie privée 120-122 rue Réaumur 75002 Paris, or to the following e-mail address: privacy@zenchef.com.

The User may also exercise his right to lodge a complaint with the national data protection authority by sending his request to the CNIL at the following address

Commission Nationale de l'Informatique et des Libertés
Service des plaintes
3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07

An online complaint form is available by clicking on the following link: https: //www.cnil.fr/fr/plaintes

6. MODIFICATION OF THE SERVICE

1. L'Art de Vivre reserves the right to modify or suspend the Service or any of its features without notice for repair, maintenance, improvement or other technical reasons and for any reason whatsoever without notice and without obligation to justify its action.
2. Once the service is suspended, the service can no longer be used by the User. The User will always have the right to access and rectify this data, which can be exercised by sending a message to the following e-mail address: privacy@zenchef.com. ,

7. LIMITATIONS OF LIABILITY

1. L'Art de Vivre provides the Service "as is", "with all faults" and "as available". L'Art de Vivre does not guarantee the accuracy or timeliness of the information provided as part of the Service. The company L'Art de Vivre does not give any express guarantee.
2. The company L'Art de Vivre does not guarantee in any way whatsoever the products, services and/or commercial practices of third parties present on its site.
3. Given the specificities of the Internet, L'Art de Vivre does not guarantee that its Services are uninterrupted, free of errors or achieve specific results, L'Art de Vivre being bound in this regard only by an obligation of means.
4. L'Art de Vivre cannot be held responsible for any damage caused by the temporary impossibility of accessing one of the services offered by the Site.
5. All the information contained on the Site is subject to change at any time, given the interactivity of the Site, without L'Art de Vivre being liable for this.
6. In general, the User accepts and acknowledges that the reservation is not guaranteed. In this sense, L'Art de Vivre does not guarantee the effectiveness of the Service. The User acknowledges and accepts that L'Art de Vivre will not be held liable for any cancellation of a reservation, if the Third Party Restaurant is closed for any reason whatsoever, or in the event of a refusal to provide a service for any reason whatsoever.
7. The User agrees to hold L'Art de Vivre harmless in all cases of liability, damage, loss or expense for any damage or loss caused to property or to third parties arising in any way from the use of the Service.
8. The User shall not be entitled to claim any compensation for any damage suffered by him, including special, indirect or incidental damage, including but not limited to loss of data, financial or commercial loss, or loss of profit. This limitation of liability also applies if L'Art de Vivre was or should have been aware of the possibility of such damage.

8. BREACHES OF THE GCUS

In the event of non-performance or non-compliance by the User of any of the obligations and stipulations of these TOU, L'Art de Vivre may modify, suspend, limit or terminate access to the Service, without the User being able to claim any compensation. The company L'Art de Vivre will be entitled to claim compensation for the damage suffered.

9. MISCELLANEOUS

1. All provisions of these TOU apply to the fullest extent permitted by law.
2. If any part of these TOU is declared void or unenforceable for any reason, the remainder shall remain in full force and effect. In this case, L'Art de Vivre undertakes to make every effort to replace the invalid provision or the provision that is contrary to a mandatory provision or a provision of public order with an equivalent valid provision that, taking into account the economic, legal and commercial limits, achieves the same objectives as the provision that has been declared invalid or contrary to a mandatory provision or a provision of public order.
3. L'Art de Vivre reserves the right to transfer all or part of the Service at any time, with or without notice
4. These Terms and Conditions are personal to the User and the User may not transfer or assign the rights and/or duties arising from the use of the Service to anyone else without the prior written consent of L'Art de Vivre.

10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTU are subject to French law and any dispute that cannot be resolved by settlement shall be submitted solely to the French courts.

For information on how we protect your personal data, please see our new Privacy Policy