Terms and conditions
of use

The Terms and Conditions of Use of the website www.monade-alimentaire.fr (hereinafter the « ToU ») bind EDITIONS DINAMOND, a limited liability company whose registered office is at 3 Quai Lamennais, 35000 RENNES (Rennes Trade and Companies Register no. 423 747 542), represented by B. RIOU in his capacity as Managing Director, hereinafter referred to as « EDITIONS DINAMOND ».

The purpose of the ToU is to set out how the Visitor may access and use the website monade-alimentaire.fr (hereinafter « the Website »).

ARTICLE 1. DEFINITIONS

Terms beginning with a capital letter within the ToU, whether used in the singular or the plural, shall have the meaning given to them below.

« Personal data » means any information relating to an identified or identifiable natural person;

« Element » means any original content making up the Website, including its structure, design, artwork, source code and style guide;

« Personal area » means the Visitor's own digital account on the Website, reached using their Credentials.

« Credentials » means the login (email address) and the password chosen by the Visitor to reach their Personal area;

« Parties » means EDITIONS DINAMOND and the Visitor together;

« LA MONADE ALIMENTAIRE Programme » means the programme created by Doctor Bruno ERIDA to help people who are overweight or living with obesity lose weight, that is to say people whose Body Mass Index (BMI) is equal to or greater than 25 kg/m2. The programme is also aimed at people whose Body Mass Index (BMI) is between 19.5 and 25 kg/m2 and who wish to slim down.

« Website » means the website available at the url < https://www.monade-alimentaire.fr > published by EDITIONS DINAMOND;

« Visitor » means the internet user who comes to the Website.

ARTICLE 2. ENTRY INTO FORCE AND TERM

The ToU are binding on the Visitor, who acknowledges having been fully informed about the Website and in particular about its essential features, and having been invited to read the ToU.

Use of and access to the Personal area are provided subject to the Visitor accepting the ToU.

The Visitor is deemed to have accepted the ToU by way of a clickable button « I have read and I accept the ToU » when creating their Personal area.

The ToU govern the contractual relationship between EDITIONS DINAMOND and the Visitor, who accepts them without reservation.

The ToU are entered into, as a matter of principle, for an indefinite term.

The ToU are available to the Visitor at any time, through a clickable link on the Website.

ARTICLE 3. CHANGES TO THE ToU

EDITIONS DINAMOND may have to amend the ToU unilaterally in order to keep pace with its technological and commercial environment and to comply with the regulations in force.

EDITIONS DINAMOND will notify any change to the ToU by email to Visitors holding a Personal area on the Website.

ARTICLE 4. CONDITIONS OF ACCESS TO THE WEBSITE

To access the Website and create a Personal area on it, the Visitor must have:

  - Internet access: the cost of that connection being borne solely by the Visitor;

  - The necessary equipment, and in particular a computer, a modem or any other device allowing a connection to the Website, such as a tablet or a smartphone.

ARTICLE 5. CREATING AND DELETING A PERSONAL AREA

The Visitor may create a Personal area by clicking the tab on the Website.

Creating a Personal area allows Visitors to subscribe to the LA MONADE ALIMENTAIRE Programme, to update their Personal data, to access their invoices and to contact EDITIONS DINAMOND.

Creating a Personal area is reserved for Visitors who are natural persons over 18 years of age. Creating a Personal area is also possible for natural persons over 15 years of age, subject to the authorisation of their legal representative or representatives.

The Visitor must complete the registration form available on the Platform and provide their Personal data. Collecting the Personal data requested at registration is mandatory in order to validate the creation of the Personal area.

The Visitor sets their password, then is invited to read the ToU and to accept them.

Lastly, the Visitor must confirm their registration by clicking the button. They then receive an email from EDITIONS DINAMOND at the address given at registration, acknowledging the creation of their Personal area.

The Visitor may at any time request the deletion of their Personal area by clicking the button on the profile tab of their Personal area. EDITIONS DINAMOND will delete the Visitor's Personal data, with the exception of data which the law requires to be kept.

ARTICLE 6. SIGNING IN TO THE PERSONAL AREA

Once their Personal area has been created, a Visitor wishing to reach it must go to the Website, click the button and enter their Credentials.

ARTICLE 7. REFUSAL OF ACCESS TO THE PERSONAL AREA

EDITIONS DINAMOND reserves the right to refuse the Visitor access to their Personal area, and even to delete their Personal area, without notice and without compensation, in the event of serious and/or repeated breaches by the Visitor of the ToU, namely, without this list being exhaustive, where the Visitor:

  - Fails to comply with the conditions of access to the Website set out in the ToU;

  - Publishes Unlawful Content on the Website;

  - Puts the Website or the Personal area to a use other than that intended;

  - Undermines the stability and security of the Website and of the Elements making it up;

  - Infringes the intellectual property rights of EDITIONS DINAMOND.

Should the Visitor fail to comply with the ToU, or act fraudulently, EDITIONS DINAMOND may notify those breaches to the Visitor by email and, at its discretion, temporarily suspend the Visitor's Personal area for a period of its choosing.

Any such suspension or deletion shall be without prejudice to any other action (in particular legal proceedings) that EDITIONS DINAMOND may bring in order to obtain compensation for the harm suffered as a result of the Visitor's breaches.

EDITIONS DINAMOND reserves the right to cut off access to the Visitor's Personal area where it poses a danger to the continued security of the Website, in particular in the event of the Visitor's Personal area being hacked, of a flaw being detected in the security of the system, or of the Website being used for purposes contrary to the ToU.

EDITIONS DINAMOND also deletes inactive Personal areas and all the information attached to them where the Visitor has not signed in to their account for three (3) years.

ARTICLE 8. SECURITY AND CONFIDENTIALITY OF ACCESS

The Visitor provides their Credentials when creating their Personal area. Only the combination of their Credentials allows the Visitor to reach their Personal area.

The Visitor is solely responsible for their Credentials. They must take care not to disclose them to third parties and to store them securely, so as to prevent any hacking or disclosure to an unauthorised person.

The Credentials stand as proof of the Visitor's identity and bind them in respect of any use made through them. The Visitor alone bears the consequences that may arise from the use of their Credentials by any unauthorised person.

Should they lose or forget their password, the Visitor may request that it be reset from the Website.

ARTICLE 9. AVAILABILITY OF THE WEBSITE

The Website is available 24 hours a day, 7 days a week.

EDITIONS DINAMOND does everything in its power to ensure the availability and proper working of the Website.

In this respect, the Parties expressly agree that the obligations of EDITIONS DINAMOND under the ToU are obligations of means, and that EDITIONS DINAMOND may only be held liable by the Visitor where fault on the part of EDITIONS DINAMOND is proven and for damage arising from facts directly attributable to it.

EDITIONS DINAMOND does not guarantee the availability of the Website. In particular, the Website may be interrupted temporarily and without notice for technical maintenance.

EDITIONS DINAMOND may under no circumstances be held liable for the temporary unavailability of the Website, including where access proves impossible for the following reasons:

  - A malfunction of the Visitor's computer environment or internet connection;

  - The Visitor's failure to comply with their obligations under the ToU;

  - Any other reason beyond the control of EDITIONS DINAMOND, in particular the transmission of a virus or of any other element liable to contaminate the Website.

ARTICLE 10. THE VISITOR'S UNDERTAKINGS

The Visitor undertakes to comply with the ToU.

The Visitor undertakes to use the Website in accordance with the laws and regulations in force.

The Visitor expressly refrains from circumventing the Website and its features.

The Visitor undertakes not to make unreasonable or excessive use of the Website or of their Personal area and, more generally, not to affect the stability, security and quality of the Website.

The Visitor must inform EDITIONS DINAMOND of any potential incident or malfunction encountered while using the Website or their Personal area.

The Visitor undertakes not to impersonate a third party or to falsely claim a third party's capacity. The Visitor is responsible for the consequences arising from false or inaccurate information sent to EDITIONS DINAMOND.

The Visitor is prohibited from:

  - Impairing the working of the Website;

  - Making any alteration whatsoever to the Website;

  - Deleting or altering data on the Website;

  - Interfering with the working of the Website or undermining its proper working, in particular by introducing a virus;

  - Accessing and/or remaining, without authorisation, in all or part of the Website, or using any tool allowing them to do so;

  - Using software or devices, whether manual or automated, coding robots or any other means allowing them to access, explore, extract or index any content of the Website;

  - Extracting and/or reusing the contents of the Website in any manner whatsoever and for any purpose whatsoever;

  - Putting the Website to a use other than that originally intended;

  - Soliciting, collecting or using the Credentials of other Visitors:

  - Using software or devices, whether manual or automated, coding robots or any other means to access, explore, extract or index any page of the Website;

  - Promoting or referring, in their content, to one or more brands of companies competing with the LA MONADE ALIMENTAIRE Programme;

  - Instructing, soliciting, encouraging or allowing any person to breach these prohibitions and, more broadly, the ToU.

The Visitor undertakes not to upload, circulate or publish on the Website any unlawful content or information:

  - That is defamatory, abusive, insulting, obscene, offensive, violent or inciting violence, or that is political, racist or xenophobic in character, or that incites racial hatred or hatred of people on account of their sex, their sexual orientation or identity or their disability;

  - That condones crimes against humanity;

  - That incites acts of terrorism or condones them;

  - That is violent or pornographic in character, that touches on child pornography or that undermines human dignity, and more generally any content that would be contrary to the laws and regulations in force, to public order or to public decency.

The Visitor is solely responsible for the content they circulate through the interactive services of the Website.

EDITIONS DINAMOND reserves the right to delete, in whole or in part, any content circulated or sent by a Visitor through the interactive services of the Website where that content is liable to breach the laws and regulations in force, public decency or the ToU.

ARTICLE 11. INTELLECTUAL PROPERTY

The Visitor acknowledges that the Website and its Elements belong to EDITIONS DINAMOND and are protected by copyright, trade mark law and/or any other intellectual property right.

No provision of the ToU may be construed as transferring ownership of those intellectual property rights to the Visitor.

Any representation, reproduction or extraction of the Website not authorised by EDITIONS DINAMOND is strictly prohibited.

ARTICLE 12. EXTERNAL LINKS

The Website may contain images and links to websites run by third parties (hereinafter « Partner sites »).

EDITIONS DINAMOND includes links to Partner sites purely as a convenience; doing so does not mean that EDITIONS DINAMOND endorses the content of those Partner sites. Nor does it imply any association between EDITIONS DINAMOND and the publishers of the Partner sites.

A Visitor who chooses to click a link to visit a Partner site is invited to read that site's terms of use and to comply with them.

ARTICLE 13. PERSONAL DATA

EDITIONS DINAMOND uses Visitors' Personal data to ensure the proper working of the Website and to market its services.

EDITIONS DINAMOND acts as data controller within the meaning of French Act no. 78-17 of 6 January 1978 as amended, on information technology, data files and civil liberties, and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). EDITIONS DINAMOND uses the Visitor's Personal data in particular in order to:

  - Prevent fraud by keeping track of the Visitor's sign-ins;

  - Analyse how the Visitor moves around the Website;

  - Moderate content uploaded, circulated or published on the Website;

  - Handle requests to exercise rights, complaints and disputes.

The processing of the Visitor's Personal data is justified, depending on the case, by their consent, by the performance of the ToU, by compliance with legal and regulatory obligations, or by the legitimate interests pursued by EDITIONS DINAMOND.

Personal data is accessible to authorised staff of EDITIONS DINAMOND and to the providers (processors) that EDITIONS DINAMOND calls upon to run its Website (for example: web agency, host of the Website and of the Personal data, etc.).

Personal data is kept for varying periods depending on the purpose for which it was collected.

The Visitor has the right to access, rectify, delete and port their Personal data, as well as the right to withdraw their consent, a right to object to and to restrict certain processing, and the right to decide what becomes of their Personal data after their death. These rights may be exercised by contacting EDITIONS DINAMOND at the email address monade.alimentaire.contact@gmail.com.

To find out more, the Visitor is invited to read the privacy policy available on the Website.

ARTICLE 14. PARTIAL INVALIDITY

Should one or more clauses of the ToU prove to be void or without purpose, they shall be deemed unwritten and shall not render the other provisions void, unless they are substantial in character.

The Parties shall replace the void provisions, by way of an amendment, with new provisions that are legally valid and as close as possible, in legal and economic terms, to the meaning and purpose of the provisions set aside.

ARTICLE 15. NO WAIVER

No waiver by either Party of any of its rights under the terms of the ToU shall constitute a waiver of those rights for the future.

ARTICLE 16. ENTIRE AGREEMENT

The ToU express the entirety of the obligations of the Parties towards one another in respect of their subject matter.

No statement, representation, promise or condition not contained in the ToU may or shall be admitted to contradict, alter or affect in any way whatsoever their terms.

ARTICLE 17. ADDRESS FOR SERVICE

For the purposes hereof, EDITIONS DINAMOND elects its registered office as its address for service, the address of which appears at the head hereof.

ARTICLE 18. GOVERNING LAW

The ToU are governed by French law.

ARTICLE 19. AMICABLE SETTLEMENT

Should a dispute arise between the Parties as to the validity, performance or interpretation of the ToU, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.

In accordance with article 14 of Regulation (EU) no. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, intended to make it easier to settle online disputes between consumers and traders in the European Union out of court. This platform is available through the following link: https://webgate.ec.europa.eu/odr/.

ARTICLE 20. COMPETENT COURTS

Should no amicable solution be found, all disputes as to the interpretation and performance of these conditions shall be submitted to the competent courts within the jurisdiction of the Rennes Court of Appeal.

However, where under article R. 631-3 of the French Consumer Code the Visitor may be qualified as a consumer, they may bring proceedings either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where they lived at the time the ToU were entered into or at the time the harmful event occurred.