1. Subject matter
The COOKING FOR BABY application is distributed by BABYMOOV GROUP (referred to hereinafter as “BABYMOOV”), a French Simplified Joint Stock Company registered under the SIREN number 413 027 129, whose registered offices are located at Parc industriel des Gravanches, 16 rue Jacqueline Auriol, 63051 Clermont-Ferrand Cedex 2.
2. Description of the Service
The COOKING FOR BABY application has been specifically designed to propose baby & mums-tobe’s recipes ideas.
The application allows you to enter baby’s age, food preferences & allergies in order to get adapted recipes selection.
The application can be downloaded and used free of charge.
3. Your use of the Service
3.1. Creating an account and requirements for use
In order to be able use the application you will have to create an account and enter a first name, surname, email address, password, due date or date of birth, your gender and situation (do you have child(ren), are you a parent-to-be, are you parent).
You are responsible for all the activities associated with your account. BABYMOOV is not responsible for any damage or loss stemming from your failure to protect the confidentiality of your login details.
You must use the application in accordance with these GTUs. In particular, you must not:
• Use the application on devices which you do not own or control;
• Use the application in violation of the applicable laws and third party rights, notably intellectual property rights and privacy rights.
• Use the application in a way which could somehow harm BABYMOOV, its affiliates, partners or other Users;
• Hire out, rent, sell, redistribute or sub-license the application;
• Copy, decompile, attempt to discover the source code or alter the application;
• Interfere with or restrict the operation of the application in any way whatsoever;
• Use any means to extract data from the application, technically analyse the application or test the performance and vulnerability of the functions of the application;
• Violate a security measure implemented by the application.
In the event of non-compliance with these obligations, BABYMOOV reserves the right to suspend or deactivate your account. You will be solely responsible for non-compliance with these requirements.
3.3. Amendment and cancellation
BABYMOOV reserves the right to amend, permanently or temporarily interrupt or suspend any function of the application at any time without notice.
BABYMOOV reserves the right to determine the time and content of software updates.
BABYMOOV reserves the right to suspend or deactivate your account or access at its sole discretion at any time without notice.
4. Personal data
BABYMOOV will process the following personal data for the requirements of the application: first name, surname, email address, password, due date or date of birth, your gender and situation (do you have child(ren), are you a parent-to-be, are you parent), baby’s name, baby’s food preferences, baby’s allergies.
BABYMOOV will process your personal data on the basis of your consent and only for the purpose of providing you with the Service.
Your personal data will not be passed onto any third parties. Your personal data will be kept by BABYMOOV. Your personal data will not be transferred outside the EU.
BABYMOOV may also use non-personal data such as technical data and related information concerning your device, system and application software in order to facilitate software updates and product support or to improve the Service.
5. Intellectual property
The application and its components (notably texts, interfaces, images, graphs, IT codes, trademarks, logos and any other element contained in the application), referred to hereinafter as “Components of the application” are the property of BABYMOOV. The Components of the application and all associated rights, including without limitation intellectual property rights and titles, are the property of BABYMOOV and are protected by the provisions of international treaties and any other applicable national law in the country in which they are used.
BABYMOOV will grant you a personal, non-exclusive, non-transferable, non-assignable licence with no possibility of sub-licensing which may be revoked at any time by BABYMOOV at its sole discretion in order to access and use the application in accordance with these GTUs.
The use of the application will not grant you any intellectual property rights via or to any information or content of the application.
6. Third party services
The application may display or grant access to the content of third party services. BABYMOOV only provides these links for convenience and is not responsible for the products, services or other content provided by third parties. These GTUs do not apply to third party services.
The Service provided by the application is provided “as is” without any kind of guarantee on the part of BABYMOOV. BABYMOOV does not apply any explicit or implicit guarantee stemming from or associated with these GTUs. In particular, BABYMOOV cannot guarantee:
• The suitability of the Service for your requirements;
• The absence of Service disruptions or malfunctions.
8. Limitation of liability
Within the limits authorised by law, BABYMOOV cannot be held responsible for any damage or loss (including but not limited to loss of money, data or reputation, harm to image or any specific indirect or consequential damage) stemming directly or indirectly from:
• Non-compliance by You with these GTUs and the applicable legal requirements;
• Viruses or any other malicious software obtained by accessing our Service or any other damage caused to your computer hardware as a result of your use of the Service.
• Bugs or errors present in our application;
• The suspension of your account or any other action taken in relation to the latter.
This limitation of liability is an essential element in the GTUs between You and BABYMOOV.
9. Force majeure
BABYMOOV declines all responsibility if the violation of a particular obligation stems from a force majeure or fortuitous event including, but not limited to, disasters, fires, internal or external strikes, internal or external faults or breakdowns and, in general, any unpredictable, unstoppable, external event which prevents the successful fulfilment of these GTUs.
10. Survival of clauses
Any provision of these GTUs which is considered by a competent jurisdiction to be invalid or inapplicable will be deemed unwritten.
11. Enforcement and Changes
These General Terms will be applicable as soon as you download the application.
BABYMOOV reserves the right to amend the GTUs at any time and will notify you of any significant changes.
13. Governing law
These General Terms are governed by French law.
You will have the option of consulting an ombudsman in the event of a dispute. Any differences relating to the validity, interpretation, execution and/or cancellation of the GTUs which the Parties are not able to settle amicably will be brought before the competent French courts.