ProResto’s mission is to connect professionals and individuals in the geographical areas where ProResto is present with the aim of exchanging ideas in the pleasant setting of a restaurant.
Table of contents :
1. Introduction
2. Obligations
3. Rights and restrictions
4. Exemption and limitation of liability
5. Termination
6. Applicable law and settlement of disputes
7. General conditions
8. Do’s and don’ts of ProResto
9. Complaints about the content
10. How to contact us
11. Explanation of how ProResto works
Introduction
1.1 Agreement
When you use our services, you agree to all of these terms. Your use of our services is also subject to our Privacy Policy, which explains our practices regarding the collection, use, sharing and storage of your personal information.
You acknowledge that by clicking on “Register”, “Register with ProResto” or similar, or by registering for, accessing or using our services, you agree to enter into a legally binding contract with ProResto. If you do not agree to this agreement, do not click on “Register” (or anything similar) and refrain from accessing and using our services. If you wish to terminate this agreement, you may do so at any time by closing your account and no longer using our services. This contract applies to Proresto.fr and the ProResto brand application. You enter into this agreement with ProResto (also referred to as “we”).
1.2 Members
When you register for ProResto services, you become a member.
1.3 Changes
We may make changes to the Agreement.
We may change this Agreement, our Privacy Policy and our Cookie Policy from time to time. If we make material changes, we will notify you by email or directly through the App, or by other means, to give you an opportunity to review the changes before they take effect. We recognise that changes cannot be retrospective. If you object to any of the changes, you may close your account. Your continued use of our services after we post or send notice of changes to these terms means that you accept the updated terms as of their effective date.
2. Obligations
2.1 Right to the Services
Under this Agreement you warrant to us the following:
You have the capacity to enter into this Agreement and you are of the required minimum age.
The services are not intended for persons under the age of 16. In order to use the Services, you agree to the following: (1) you are of “minimum age” or older; (2) you have only one ProResto account, which must be in your real name; and (3) ProResto has not prohibited you from using its Services. It is a violation of our terms to create an account with incorrect information, particularly in the case of accounts registered in the name of third parties or persons under the age of 16. However, in the event that the law requires you to be older than indicated in order for ProResto to lawfully provide the Services to you without parental consent (including the use of your personal data), then the minimum age shall be that stipulated by law.
2.2 Your account
You will keep your password secret.
You will not share an account with any other person and you will comply with our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account; and (3) comply with the law and the rules described in the Do’s and Don’ts list. You are responsible for all use of your account unless you terminate it or report misuse. As between you and others, your account is your own.
2.3 Payment
You will meet your payment obligations. You agree that fees and taxes may be added to our fees.
Any refund is subject to our policy. Depending on the location of your transaction, foreign exchange fees or different prices (e.g. exchange rates) may apply to your purchase. If you purchase a subscription, you will be automatically charged with your payment method at the beginning of each subscription period for the fees and taxes applicable to that period. To avoid being charged later, cancel before the renewal date. All your service purchases are subject to ProResto’s refund policy. You can obtain a history of the amounts spent under “My portfolio”.
2.4. Notifications and Messages
You agree that we may send you notifications and messages via our websites, applications and the contact details you have provided. If your contact details are not up to date, important notices may not reach you.
You agree that we may provide you with notifications and messages via the following means: email address, mobile number, postal address. You agree to keep your contact information up to date.
2.5 Sharing
When you share information on our services, that information may be viewed, copied and used by others.
Our services allow you to send messages and share information in a variety of ways, including through your profile and the messaging that appears when you make an appointment. We may delete any information or content with or without notice.
3. Rights and Restrictions
You agree that if the content includes personal data, it is subject to our privacy policy.
You agree that we may access, store, process and use the information and personal data you have provided in accordance with the terms of the Privacy Policy and your choices. By submitting suggestions or feedback on ProResto’s services, you agree that we may use and share (but are not obliged to do so) that feedback for any purpose and without offering you any financial compensation.
You agree to provide us only with information and content that you have the right to share and to maintain a truthful ProResto profile.
You agree to provide only content and data that does not violate any law or infringe anyone’s rights (or any intellectual property rights). You also guarantee the truthfulness of the information in your profile. ProResto may be obliged to remove content and information in accordance with the law of certain countries.
3.1 Availability of services
We may change or discontinue a service or change our prices in the future.
You may change, suspend or discontinue any service. We may also change our prices with reasonable notice to you to the extent permitted by law. We do not guarantee that we will store or continue to display the information and content you have posted. ProResto is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any information or content that you or others have transmitted to us, except as required by applicable law and as described in our Privacy Policy.
3.2 Other sites, content and applications
Your use of third party content and information posted on our services is at your own risk.
In the course of your use of the Services, you may be confronted with inaccurate, partial, delayed, confusing, illegal, offensive or otherwise harmful information and content. In general, ProResto does not review content posted by its members or others. You acknowledge that we are not responsible for the content and information of third parties (including those of other members). We may not always be able to prevent such misuse of our services and you acknowledge that we are not liable in such cases. ProResto is not in the business of selling or canvassing for the sale of goods and services. The purpose of ProResto is to bring people together to exchange ideas in the pleasant setting of a restaurant.
3.3 Restrictions
We have the right to restrict the way you log in and interact with our services.
ProResto reserves the right to restrict, suspend or terminate your account if you fail to comply with this Agreement or the law or if your use of the Services is abusive (for example, if you fail to comply with the Do’s and Don’ts).
3.5 Intellectual Property Rights
We inform you of our intellectual property rights.
ProResto reserves all of its intellectual property rights relating to the Services.
3.6 Automated processing
We use your data and information to provide you and third parties with relevant suggestions.
We use the information and data you provide and that we have available to us to provide you with recommendations for profiles, content and features that may be of value to you. For example, we use data and information about you to suggest people for you to meet. By keeping your profile information current and accurate, you help us make our recommendations more relevant.
4. Disclaimer and limitation of liability
4.1 No Warranty
This is our disclaimer as to the quality, safety or reliability of our services.
PRORESTO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, INCLUDING THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND PROVIDES THE SERVICES (INCLUDING THE CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PRORESTO DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of liability
Limitations on our legal liability to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS PRORESTO ENTERS INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PRORESTO SHALL HAVE NO LIABILITY ARISING OUT OF THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., INTERRUPTIONS OR LOSS OF YOUR PERSONAL INFORMATION), OR LOSS OF USE OF THE SERVICE. PRORESTO SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT FOR AMOUNTS THAT EXCEED (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO PRORESTO FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY, OR (B) 10 EURO.
4.3 Basis of negotiation and exclusions
The limitations of liability in this Section 4 form part of the basis of negotiations between you and ProResto and apply to all claims for damages (e.g., warranty, tort, negligence, contract and law) even if ProResto has been advised of the possibility of such damages, and even if such liability claims do not fulfill their ultimate purpose. These limitations of liability do not apply in the event of death or personal injury, fraud, gross negligence or wilful misconduct, or in the event of negligence due to the breach of a material obligation, an obligation substantial enough to make it a precondition for providing services and upon which you may reasonably rely, but only to the extent that the damage was caused directly by the breach and was foreseeable at the time of entering into this agreement and to the extent that it is typical in the context of this agreement.
5. Termination
Both parties may terminate this agreement, but certain rights and obligations will continue to exist.
You and ProResto may terminate this agreement at any time. Upon termination, you lose the right to access or use the Services. The following provisions survive termination: our rights with respect to the use and disclosure of your feedback; the rights of members to continue to re-share content and information you have shared through the services; any amounts owed by either party prior to termination shall survive termination. You may consult our customer support to terminate your account.
6. Applicable Law and Dispute Resolution
In the unlikely event that we enter into a dispute you and ProResto agree to resolve it through the courts of Brussels, Belgium.
7. General terms and conditions
The following are important details of this agreement. This agreement is the only agreement between us regarding the services. It cancels and replaces all previous contracts for the services. If we do not act in response to a breach of this Agreement, this does not mean that ProResto waives its rights under this Agreement. You may not assign or transfer this Agreement (or your membership or use of the Services) to any other person without our consent. However, you agree that ProResto may assign this Agreement to a purchaser without your consent. This Agreement does not contain any stipulations for third parties. You agree that the addresses mentioned in section 10 are the only way to send us legal notice.
8. Do’s and Don’ts of ProResto
ProResto is a community of professionals and/or individuals with behaviours in line with the ProResto charter. This list of “Do’s and Don’ts” and the ProResto charter delimit what you can and cannot do on our services.
8.1 Do’s
You agree to :
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property rights laws, laws relating to unsolicited email, export control laws, tax laws and regulatory requirements;
2. Provide us with accurate and up-to-date information;
3. Use your real name on your profile;
4. Use the services in a professional manner.
5. Respect the ProResto charter
8.2. Not to do
You agree not to :
1. Create a false identity on ProResto, forge your identity, create a member profile for anyone other than yourself, or use or attempt to use another’s account;
2. Develop, support or use any software, device, script, robot or other means or process (including, without limitation, web crawlers, browser plug-ins and add-ons, or any other technology) to web scrap the Services or otherwise copy profiles and other data from the Services;
3. override any security features or circumvent or avoid any access controls or service limitations;
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of ProResto;
5. Disclose information that you do not have permission to disclose (such as personal data of others, including your employer);
6. Violate ProResto’s intellectual property or other rights, including, but not limited to, (i) copying or distributing our videos or other materials, or (ii) copying or distributing our technologies unless they have been released under an open source license, (iii) using the term “ProResto” or our logos in a trade name, email address or URL
7. Publish anything that contains viruses, worms or other harmful code;
8. 8. reverse engineer, decompile, disassemble, decipher or generally attempt to obtain the source code of the Services or any related technology that is not open source;
9. Imply or state that you are affiliated with or sponsored by ProResto without our express consent;
10. Rent, lease, loan, market, sell/resell, or otherwise monetize or access the Services or related data without ProResto’s consent;
11. Use bots or other automated methods to access the Services, add or upload contacts, send or forward messages;
12. Monitor the availability, performance or functionality of the Services for competitive purposes;
13. Use framing, mirroring, or generally simulating the appearance or operation of the Services;
14. Covering or otherwise modifying the Services or their appearance (for example, by inserting elements into the Services or by removing, covering or obscuring any advertising included on the Services);
15. Disrupting the operation of or imposing a disproportionate burden on the services (e.g. spam, denial of service attacks, viruses, game algorithms)
10. How to contact us:
For general questions, you can contact us online at: information@proresto.fr
For legal notices or legal proceedings, you can write to us at these addresses.
areymond@proresto.fr
areymond@satod.be
areymond@proresto.fr
Postal address:
SATOD srl
Rue de la Cambre 141
1150 Brussels Belgium
11. Explanation of how ProResto works
Creating your account:
In order to create your user account, you will be asked to enter your telephone number. The telephone number entered will be validated by entering a code sent by SMS to the telephone number in question.
The General Terms of Use must be accepted in order to create your user account.
Each user who uses the services of ProResto undertakes to respect the Charter of Goodwill of ProResto.
Charter of benevolence:
ProResto takes care of the well-being of its users.
Here are the main principles to respect mutually so that everything goes well.
Remain professional in your research and your exchanges
Do not lie about your profile and the information you share
Trust and security, be yourself and respect others
Politeness and kindness, inform your guest as soon as possible in case of delay or impediment
Honesty, pay for all your orders and ensure your guest’s clear consent in the case of shared orders and billing
ProResto asks you to enter the following information in order to operate efficiently:
First name
last name
Date of birth (optional)
E-mail address
If you are professionally active :
Your professional sector (current and past)
The company/institution you work for (current and past)
The position you hold (current and past)
The year you joined
If you are still in this position
Your hobbies
For your hobbies, you can choose several.
ProResto asks you for this information to be able to give users the possibility to choose their guest with as much information as possible. Of course, you have the possibility of not filling in all the requested fields when they are not mandatory for the proper functioning of the application.
Information required when creating an appointment to go and share a meal in a restaurant:
The desired day (example: Friday 20 May)
the available time slot (e.g. from 12:00 to 14:00)
the minimum and maximum duration of the meal (example: minimum 1 hour and maximum 1.5 hours)
the location and the number of km you are willing to travel (example: Rue de la Cambre 11, 1150 Brussels, 6km)
The budget you are willing to spend and which corresponds to the type of restaurant (fast food, café or bistro, a good restaurant, a gastronomic restaurant). Several boxes can be ticked to increase the number of profiles available.
Two boxes are checked by default: café or bistro and a good restaurant.
To inform users about the topic(s) you would like to discuss during the meal, ProResto gives you the possibility to enter a sentence that reflects your mood or your expectations for the meeting. Example: “I’m looking for a new career in Marketing”.
It is important to note that ProResto connects people in a professional context and not sentimental or romantic. Users are therefore asked to avoid any gestures or ambiguous undertones.
Once you have filled in the requested information, the application will propose the profiles of all the people available on the same day, in the given geographical area, in the same time slot and for a minimum coinciding meal duration. The profiles will also show the opinions of people who have already shared a meal with the profile in question, as well as their interests and professional experience.
You will then have the option of not retaining the profile (pass) or retaining the profile (like). For the same meal, you have the possibility of liking several profiles. Once you have liked a profile, the person receives the information and has the possibility to like you back so that you both have the possibility to send an appointment confirmation request. Sending an appointment confirmation request is only possible if there has been a reciprocal like. It is possible to send several appointment confirmation requests. The person who receives the appointment confirmation request has the choice to accept or decline it. If the person accepts it, the appointment is confirmed and the other profiles available for the appointment in question are no longer selectable. If the person refuses it, the other person is informed, and the appointment continues with the remaining profiles in the list. When the appointment is confirmed, a credit is spent by each of the guests. A messaging system appears to exchange with the other guest to choose and book the restaurant. The list of restaurants in the common area of the two guests becomes available for consultation. The two guests will have to agree on the choice of restaurant and reserve a table to be sure to find one free when they arrive. It is recommended that users arrange their appointment sufficiently in advance to ensure that they have a free table. If there are no free tables available in the restaurant’s first choice, other restaurants in the same geographical area should be contacted. If the problem persists in all the restaurants in the geographical area shared by the two guests, a restaurant outside the shared geographical area must be chosen.
Cancellation of an appointment:
Up to one hour before the appointment time, cancellation is possible by both users.
Both users will be reimbursed for the credit spent.
In the last hour before the restaurant time:
If user A cancels:
User A is not refunded
User B is refunded.
Cancellation in the last hour will appear in User A’s review comments
In the case of a cancellation after the official start time of the appointment:
User A cancels because he/she cannot come after all:
User A is not refunded
User B is refunded.
The last minute cancellation will appear in User A’s evaluation comments
User A cancels because user B never came (1/4h delay allowed):
A confirmation request is sent to user B to validate that he never came
User B confirms that he/she could not come:
User A is refunded
User B is not refunded, a comment is automatically added to the list of comments: did not come to the last appointment
User B does not confirm before the end of the supposed meal time that he could not come
User A is refunded
User B is not refunded, a comment is automatically added to the list of comments: not come to the last appointment
User B does not agree:
No refund will automatically take place and ProResto will contact them.
ProResto will have access to the messaging system to have a better idea of the events
Once the period for your restaurant meal has passed, you will be able to qualify the quality of your appointment by choosing a comment, from an existing list, that comes closest to your feeling.