Terms and conditions

The Okakiben application is published by Okakiben SAS, a simple-form joint stock company incorporated in France, having its registered office at 1, rue du Béarnais, 31000 Toulouse, France, listed in the Toulouse Companies Register under No. 830 140 794.

The website publishing director is Mr. Ignacio Oliveras Garcia, President of Okakiben SAS.

This document defines the general terms and conditions governing the use of a paying service, provided via the Okakiben mobile application, establishing contact between private individuals for users of that application to buy and sell home-cooked food dishes. These general terms and conditions will be supplemented or amended, as the case may be, by special terms and conditions of use specific to certain functionalities and certain methods of access or payment.

The service is reserved for natural persons with legal capacity to enter into contracts under French law.

ARTICLE 1 – DEFINITIONS

"Account" will mean the registration for use of the Application of a Member (Chef or Gourmet)

"Ad" will mean the description of the cooked or uncooked food dish offered for sale by a Member via the Application, viewable by selecting the "sales" field in the Application

"Application" will mean the technical platform allowing Users to post or consult Ads and to interact with each other concerning the sale and purchase of home-cooked food dishes.

"Bento" will mean a cooked or uncooked food dish offered for purchase in an Ad posted by a Member

"Chef" will mean any Member of the Application posting an Ad

"Company" will mean Okakiben SAS, a simple-form joint stock company incorporated in France, having its registered office at 7, Rue de Boulbonne, 31000 Toulouse, France, listed in the Toulouse Companies Register under No. 830 140 794

"Cookie" will mean an applet sent by a server operating on the worldwide web to a User, sometimes without that User's knowledge, during a connection, holding data specific to that User and by extension, the data that the applet saves to the User's hard drive that the server can access thereafter

"Email" will mean a machine-readable or computerised document input or sent by a User or for deferred consultation by a User via a network

"Gourmet" will mean a Member of the Application requesting a Bento from a Chef

"Internet" will mean the worldwide web (or network of networks) associating telecommunication and computer resources (servers and customer work stations) for the exchange of information and data applying a specific protocol called TCP/IP that may be accessed via a connection from a computer terminal.

"Member" will mean a User with an Account created through online registration by selecting the "registration" field in the Application

"Order" will mean any transaction between two Members of the Application in which a Gourmet purchases a Bento offered for sale by a Chef

"Parties" will mean the Users, Members (Chefs or Gourmets) and/or Okakiben SAS

"Service" will mean the range of services provided by Okakiben SAS via the Application enabling Users to post or consult Ads and to interact with each other on a technical platform for the sale and purchase of home-cooked food dishes

"Terms and Conditions" will mean these general terms and conditions governing the Service

"Use" will mean access to the Application and/or the website at www.okakiben.com

"User" will mean any natural person accessing the platform bringing Users and Members together via the Application

ARTICLE 2 - ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS

The Company offers Users a paying Service enabling them to contact other Users, to post and consult Ads offering for sale, selling or (as the case may be) purchasing home-cooked food dishes provided they accept these Terms and Conditions unconditionally and unreservedly.

The User warrants and acknowledges that he or she has read these Terms and Conditions in full and accepts and agrees to them. Use of the Service provided via the Application will be deemed confirmation of a User's unconditional and unreserved acceptance of these Terms and Conditions.

The Company reserves the right, at any time, to modify some or all of these Terms and Conditions. It will therefore be incumbent on the User, on a regular basis, to consult the most recent version of the Terms and Conditions, viewable by selecting the "GT&C" field in the Application. Whenever they connect to the Application, Users are deemed to have accepted the most recent version of these Terms and Conditions.

If a User fails to comply with or abide by these Terms and Conditions, the Company reserves the right to deny him or her access to the Service.

An Order will be placed by following the procedure set out on the page corresponding to the chosen method of payment.

The User will be notified of the Company's acceptance of the Order by Email sent to his or her personal mailbox, at the email address provided.

The Order will be invoiced for immediate payment, in accordance with Article L. 441-3 of the French Commercial Code, by external service providers where the remittance is via a payment method such as PayPal.

Users can consult invoicing information, including purchase dates and method of payment used on their "Dashboard" page. The user needs to disconnect after each session, otherwise any responsiblilty linked to the use of our app will exclusively rely on the same user. The user can oppose the use of its data by communicating it to Okakiben SAS via this link https://www.okakiben.com/contact

The Company recommends to minors and their parents that they verify that parental control software has been duly activated on their computers. Parental control software is software that enables parents to supervise their underage children's Internet browsing by defining website access and online service (discussion forums, chat rooms and instant messaging services) access rights according to age, maturity and Internet experience.

ARTICLE 3 – DESCRIPTION OF THE SERVICE – LICENCE

The Service involves a technical platform allowing Application Users to post or consult Ads and to interact with each other for the sale and purchase of home-cooked food dishes and/or raw fruit and vegetables.

Service details can be consulted by selecting the “About us” field in our web Application.

Licence

Subject to compliance with these Terms and Conditions, the Company grants Users a limited, non-exclusive, revocable and non-assignable licence, that may not be sublicensed, (i) to access and use the Application on mobile terminals and (ii) to access and use associated content, information and hardware placed at their disposal as part of the Service.

For any enquiry relating to the Service, Users can contact the Company on the following telephone number: +34 676 745 177 (with no surcharge other than the cost of the telephone call).

Article 4 - OPENING AN ACCOUNT - IDENTIFICATION - ADs - REVIEWS - VALID PROOF - INFORMATION EXCHANGE

After creating an account through subscription and paying for the Service (in the case it would apply), Users will be allocated a login and a password (hereinafter the "User ID") to access their private private accounts.

User ID Confidentiality

User IDs are personal and confidential. A User ID can only be changed at the User's request or at the initiative of the Company.

The User alone is entirely responsible and liable for any use of his or her User ID and undertakes to do everything possible to keep that User ID secret and not to disclose it to anyone, in any manner whatsoever.

If a User ID is lost or stolen, the User shall be liable for any loss or damage caused by such loss or theft and shall, without delay, follow the User ID change procedure viewable by selecting the "forget password?" field in the Application.

Posting an Ad

As a Member, a Chef is entitled to create and post Ads providing information about Bentos that he or she is offering for sale.

A Chef will only be allowed to post an Ad if he or she satisfies the following conditions:

the Chef undertakes to provide accurate and comprehensive details of all ingredients that the Bento contains for other Users to detect ingredients that may trigger a food allergy;

the Chef agrees not to use raw eggs, raw fish or raw meat as ingredients in the Bento;

the Chef warrants that the Bento offered for sale in the Ad was prepared using fresh produce and if not, undertakes to notify Members where he or she has used frozen produce;

the Chef warrants that he will respect the best cooking practices, viewable by selecting the “Hygiene” field in section “My Profile” in the Android Application;

the Chef warrants that the Bento offered for sale in the Ad was cooked no more than 24 hours before the Ad was posted and, if not, will notify Members of the contrary; and

the Chef warrants that no Bento contains illegal or toxic products, alcohol or other substance likely to impair the alertness or judgment of Members and, generally, warrants that consumption of the Bento entails no risk to Members' health.

Posting Reviews

A Gourmet, if he or she so desires, may offer a Chef a review, conditional upon completing an Order via the Application.

The Company reserves the right to delete a review that may be contrary to these Terms and Conditions.

Agreement concerning Valid Proof

The Parties expressly agree that:

presence of an ID code validly identifies the author of a document or Email, proving the authenticity of that document or Email;

an electronic document containing an ID code is equivalent to a written document in hardcopy form signed by the person issuing it;

the Parties may rely on a hardcopy of an Email printed from electronic messaging software to prove the content of correspondence between them concerning compliance with these Terms and Conditions.

Exchange of Information

Users accept and agree to the use of Email for transmitting requested information concerning entering into or performing this agreement.

Article 5 – PERSONAL DATA

As the Company will need to process personal data, Okakiben SAS has registered the www.okakiben.com website with the Commission Nationale de l'Informatique et des Libértés (French Data Protection Agency). The website is registered under No. 2089533.

On collecting personal data, directly or indirectly revealing the ethnic origins, political, philosophical or religious opinions or union membership of data subjects, or information about the health or sexuality of data subjects is prohibited.

Users' data will be collected and processed fairly, lawfully, for defined, explicit and legitimate purposes, without later handling or processing incompatible with such purposes and not in a form in which the individuals concerned may be identified, for a period not exceeding that necessary to achieve the aims for which the data were collected and processed.

Personal data will only be processed by a subcontractor or a person acting under the authority of the data controller or the authority of the subcontractor, on the instructions of the data controller acting for the Company.

There is no use of Cookies identifying Users on the www.okakiben.com website outside a user session.

Users are informed that personal data marked on forms as mandatory, and collected for the purpose of the Service, are necessary for Use of the Service, will be used only in connection with the Service and are intended exclusively for Company use. The Company will, as far as possible, take all necessary precautions to protect data security.

Users will have a right to object to the sale, transfer or release of their personal data, exercisable by ticking or unticking the relevant box when filling in the form to open an account.

Users will also have a right to access their personal data and to require inaccurate data to be corrected by sending an Email to the following email address: "support@okakiben.com".

Third parties may also exercise a right of objection by sending an Email to this end to the following email address: "support@okakiben.com".

Article 6 - LIMITATION OF LIABILITY - WARRANTIES

Network Operation

Given the particularities and specific features of the Internet, the Company can offer no warranty regarding service continuity. It will only be bound by a duty to use its best endeavours to ensure service continuity.

The Company cannot be held liable for any damage suffered due to any temporary inability to access the Service.

Changes to the Website

Any information stored in the Application may be amended at any time, given that the website is interactive, without liability of the Company.

No Company Liability or User Warranties

The Company declines all liability for any loss or damage incurred in using the Application or in being unable to use the Application or its content, except in those cases provided for by law. The Company gives no warranty that information supplied will be detailed, complete, verified or accurate.

The Company declines all liability for any damage or injury resulting from the Service, including food poisoning, food allergies, intoxication or poisoning.

Users warrant that they are fully aware of the particularities and limitations of the Internet. They recognise and acknowledge that it is impossible, inter alia, to guarantee the full security of data transmitted by Users via the Internet. The Company will not be liable for any incidents ensuing as a result of transmissions.

Users communicate such data at their own risk. The Company can only assure them that it will use all means available to it to guarantee the maximum security possible.

The User agrees to indemnify and hold the Company harmless against any costs it may have to bear as a result of any claim or dispute, in or outside court, in connection with Use by the User of the Service and will indemnify and hold the Company harmless against any judgment or damages awarded against the Company in court proceedings.

Limitation of Liability

In any event, the Company's liability will be limited to the price of the Service used by the Member.

Article 7 –USERS' AND MEMBERS' OBLIGATIONS

OBLIGATIONS OF ALL USERS

Users agree:

(1) not to supply fake, misleading, deceptive or fraudulent information to the Company when creating or updating an Account, or to other Members;

(2) not to say anything, behave in a manner or publish content on the Application that is defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, bullying, racist, xenophobic, of a sexual connotation, inciting hatred, violence or discrimination, encouraging illegal activities or the use of illegal substances or, generally, contrary to the aims and purposes of the Application, likely to violate or infringe the rights of the Company or a third party or contrary to accepted standards of behaviour;

(3) not to damage the reputation or infringe the rights of the Company, in particular its intellectual property rights;

(4) not to open more than one Account on the Application and not to open an Account in the name of a third party;

(5) not to attempt to circumvent the Platform's online booking system, particularly by trying to communicate contact details to another Member for the sale or purchase of a cooked food dish outside the Application without paying the costs of the Service;

(6) not to contact another Member, particularly via the Application, for a purpose other than agreeing terms for the sale or purchase of a Bento;

(7) not to remit or accept payment outside the Application, other than in cases authorised under these Terms and Conditions;

(8) to comply with these Terms and Conditions;

(9) not to infringe the intellectual property rights of a third party and, generally, to act within and comply with application legislation.

Generally, Users agree:

  • o comply with all legal, regulatory and contractual requirements, and abide by all professional customs and practices applicable to them;
  • o comply, inter alia, with all data protection and civil liberties laws and regulations and, to this end, apply for the necessary authorisation or make the appropriate declaration of automated data processing to the Commission Nationale de l'Informatique et des Libertés ("CNIL") (French Data Protection Authority) or any other substitute administrative authority;
  • ot, by any means whatsoever, to disclose, copy, sell or make available information received from the Company to another natural person or corporate entity.

CHEFS' OBLIGATIONS

Chefs will be required:

  • o use authentic photographs of their cooked food dishes in their Ads;
  • o list all ingredients used in the Bento fully and comprehensively;
  • o inform other Users is frozen produce has been used in preparing the Bento;
  • o receive payment of the price of Orders exclusively via the Application;
  • o state whether they accept responsibility for delivery and, if yes, to accept liability for ensuring that such delivery is under conditions suitable to satisfy applicable standards of food hygiene;
  • o accept full liability for any improper handling of foodstuffs during the cooking process; and
  • o provide a suitable container for carrying the Bento where he or she has agreed to do so as part of the Service.

GOURMETS OBLIGATIONS

Gourmets will be required:

  • o make payment for Orders exclusively via the Application;
  • o notify the Company of any suspected case of food poisoning after eating a Bento; and
  • o provide a suitable container for for carrying the Bento where he or she has agreed to do so to receive the Service.

ARTICLE 8 – PENALTIES FOR BREACHES OF CONTRACT

If a User fails to perform or honour any of the obligations provided for in these Terms and Conditions, the Company will issue a formal notice via Email requiring the User to remedy the breach and comply with these Terms and Conditions. If there has been no effective remedy to the breach within 72 hours of dispatch of the Email, the Company may deny him or her access to the Service, without the User being entitled to claim a refund or reduction in price in this regard.

ARTICLE 9 – FINANCIAL TERMS AND CONDITIONS

Price of the Service

The price of the Service will be, except for free exchanges, a 5% minimum fee rounded to the closest 0,5 EUR, for which the taxes paid may be consulted below:

Bento NL: 0,41 EUR net. BTW: 0,09 EUR (21%)

Bento ES: 0,41 EUR net. IVA: 0,09 EUR (21%)

Bento FR: 0,42 EUR net. TVA: 0,08 EUR (20%).

Prices may be modified, inter alia, pursuant to changes to the network, technical updates or legal requirements.

Methods of Payment

Payment made by made by debit or credit card (CB, Visa, Eurocard/Mastercard) or via PayPal.

The order for payment by bank card will be irrevocable.

The ability to stop or challenge payment is strictly regulated by law. It is limited to three cases, unless the beneficiary is bankrupt or insolvent: loss of the card, theft or fraudulent use of the card or data connected with its use.

If the chef does not use the code provided to the gourmet once payment is made, for the chef to claim the transaction amount, an internal account named «My Wallet» will receive an amount of Okakiben credits of the same amount of EUR than the pending payment for the chef, ten days after transaction was made. Okakiben credits can be used as an internal payment method for new payments to another chef without the service fee above described in section «price of the service».

ARTICLE 10 – CANCELLATION PERIOD

In accepting these Terms and Conditions, the User expressly acknowledges and accepts that there may be performance of the agreement with the Company, establishing contact with other Members, before the agreement cancellation period has expired, i.e. as soon as an Order is confirmed. Accordingly, he or she expressly waives his or her right to cancel the agreement, in accordance with Article L. 221-28 of the French Consumer Code.

ARTICLE 11 – CUSTOMER SUPPORT

The Company provides Users with a customer support service which may be contacted on business days from [8] a.m. to [10] p.m. at the following telephone number: [+34 676 745 177].

Enquiries may also be sent by mail to the following address:

Okakiben SAS

1, Rue du Béarnais,

31000 Toulouse, France

or by sending an Email to the following address:

support@okakiben.com

ARTICLE 12 – INTELLECTUAL PROPERTY

All intellectual property rights, both proprietary and moral, in the content and information in the Application or on the www.okakiben.com website belong wholly and specifically to the Company alone, subject to the proprietary rights of any third party in which the Company has been granted a licence or the necessary authority or consent.

The grant of rights to the User to use the Application and the Service provided by the Company does not imply any rights assignment or consent to use or exploit any component of the Application or www.okakiben.com website

The User grants the Company a worldwide licence, valid throughout the term of Use of the Service, to use all content, protected by intellectual property rights, supplied by the User as part of the Service.

ARTICLE 13 – APPLICABLE LAW – LANGUAGE OF THE AGREEMENT

The relationship between the Company and the User, governed, inter alia, by these Terms and Conditions, will be subject to French law, to the exclusion of the legislation of any other country. The original version of these Terms and Conditions is in French. Should these Terms and Conditions are drafted in, or translated into, other languages, the French version alone will be valid and enforceable.

ARTICLE 14 – PERSONAL DATA PROTECTION

The personal data from the User will be preserved throughout the term of Use of the Service as per the two previous articles of these Terms and Conditions.

The following third-party will be able to access the User personal data:

Amazon Web Services INC. (USA), providing hosting services with a firewall compliant with EU Directive 95/46 enforced by the EU Commission Executive Decision 2016/1250 on July the 12th, 2016.

Back to homepage