TERMS OF USE
The "WAITER" mobile application is published by the French company WAITER DATING, SAS (Société par Actions Simplifiée) with a capital of 38,239 euros registered with the Marseille RCS (trade and companies registry) under number 831 845 417 whose headquarters are located at 83, Traverse du diable, Le Costebelle, Bat.A, 13012 Marseille, FRANCE.
The Application is hosted by: Jaguar Network, 71 Avenue André Roussin, BP 50067, 13321 Marseille Cedex 16, FRANCE, RCS Marseille n ° B 439 099 656.
The Publication Director is Mr. Sébastien PIGATI.
Any use of this Application, which can be downloaded for free from the Google Play Store and the Apple App Store, implies full acceptance by the users who subscribe to these Terms of Use.
Article 1 - Definition
Application: refers to the "WAITER" mobile application that can be downloaded from the Google Play Store and the Apple App Store.
WAITER: designates the company WAITER DATING, SAS with a capital of 38,239 euros registered with the RCS of Marseille under the number 831 845 417 whose head office is located 83, Traverse du Diable, Le Costebelle, Bat.A, 13012 Marseille, FRANCE, editor of the Application.
Terms: designates these Terms of Use.
Member: refers to any user registered with the Application.
Account: means the member's personal space on the Application which allows them to access the Services, and which contains:
- Profile information;
- Chat messaging;
- Notifications
- List of profiles to meet;
Facebook Connect: designates the functionality that allows the Member to use his Facebook account to identify himself on the Application and simplify the registration procedure.
Services: means the free or paid services offered by WAITER to its Members on the Application, intended to promote virtual or real meetings between Members, according to their search criteria and their potential affinities.
Profiles of the day: designates an event consisting in offering a Member a selection of three people registered on WAITER according to their search criteria and potential affinities. This event is triggered once a day when the Member connects, provided that at least three people meet his search criteria.
1st Chance: designates an action allowing a Member to choose a person for free from the Profiles of the day.
2nd Chance: designates an action allowing a Member to choose a second person from the Profiles of the day and not chosen in 1st Chance.
Match: refers to the event which starts when two Members choose each other in 1st or 2nd Chance and which allows them to access the Messaging.
Presentation list: designates the section gathering all the Profiles of the day presented to a Member and not chosen in 1st Chance.
Like: designates the event that is triggered when a Member is chosen by a person from his Presentation List whom he had not chosen.
Refusal: designates an action allowing a Member to refuse the profile of a person appearing on his Presentation List, which has the consequence of removing the relevant profile from the List. This action is not notified to the refused Member.
Messaging: means the private chat room accessible between two Members who have had a Match.
WAITER Premium: refers to all the paid Services offered by WAITER in the form of a subscription, the duration of which the member can choose.
Premium member: refers to a user who has taken out a valid subscription to WAITER Premium.
Tip: designates the virtual currency that the Member can use to choose 2nd chance people.
VIP options: designates paid options that offer advantages to the Member such as the possibility of searching for six profiles per day instead of three or sending a message to the people chosen without waiting to match.
Article 2 - Scope
2.1. The WAITER Application is a platform whose purpose is to allow its Members to be put in touch according to their search criteria and their potential affinities in order to promote virtual or real dates. The purpose of these Terms of Use is to define the terms and conditions under which Members are authorized to use the Application.
2.2. They are supplemented by the Privacy Policy accessible at the following address: https://www.waiter.love/en/privacy.html
2.3. These Terms are accessible at any time on the Application and will prevail, where applicable, over any other version or any other contradictory document.
2.4. These Terms of Use may be subject to subsequent modifications, the version applicable when signing up to a Service will be that in force on the Application on the date of said subscription.
It is specified that the company WAITER DATING reserves the right to modify, at any time, the characteristics and functionalities of the Application, it being specified that the Member will be informed of said developments by simple publication on the Application or by any other means than WAITER will deem it adequate.
Article 3 - Registration procedures
3.1. The Application can be downloaded free of charge (excluding any connection costs specific to each operator) on the Google Play store for Android smartphones using version 5.0 or higher as well as on the Apple App Store for iPhone using version 10.0 or higher.
3.2. Registration on the Application is free.
3.3. The Member's registration is carried out according to two possibilities:
- Registration by "Facebook Connect" which facilitates the registration process by transmitting to WAITER the profile picture, first name, age and email of the Member which will allow pre-filling the profile sheet of the Account. During the process, the Member is invited to verify and modify, if necessary, this information, and can transmit if he wishes the email address connected to his Facebook account.
- Registration by mobile phone number: in this case, no information about the Member can be automatically retrieved and it is up to him to provide information concerning him, such as first name, gender or date of birth and must provide one or more several photo(s) of himself when registering.
Users with an iPhone can also register through the "Sign In with Apple" system which uses their Apple ID.
3.4. If he wants, the Member can complete his profile:
- By adding up to six photos;
- By providing additional information relating to his physical appearance, his personality, his origin, his professional and family situation, his hobbies, the sports he practices, musical tastes, travels, etc ...
3.5. The Member undertakes to provide complete, accurate, sincere and honest information and to keep it up to date. The inaccuracy of the information transmitted may lead to the suspension or even the deletion of the Member's Account.
3.6. When registering on the Application, the Member consents to receiving a newsletter from WAITER. The Member can unsubscribe at any time by clicking on the link "unsubscribe" provided for this purpose in the newsletter and / or by exercising their right of opposition by sending an email to the address hello@waiter.love
Article 4 - Services and functionalities accessible to members
4.1. Each Member has an Account which allows him to use the following free Services intended to facilitate his connection with other Members according to his search criteria and his potential affinities:
- Completing profile under the conditions defined in these Terms;
- Defining search criteria;
- Adjusting notification parameters;
- Accessing the detailed profile of the day;
- Choosing one of the Profiles of the day in 1st Chance;
- Indicate an affinity level of the profiles presented
- Accessing the Presentation List;
- Consulting the profile of Members presented confidentially;
- Accessing Private Messaging allowing to chat with a Member in the event of a Match;
- Canceling the Match with a Member;
- Refusing the profile of a Member appearing on presentation list;
- Receiving notifications in order to be alerted in the event of events such as:
o A Match
o A Like
o A message received from a Member
o A message from WAITER relating to the Account and / or Services
- Report a Member whose behavior would be contrary to these Terms of Use and / or to applicable law;
4.2. Paid WAITER Premium services:
In addition to free services, each Member can benefit from advantages to match faster or more easily by becoming a Premium Member and taking out a WAITER Premium subscription.
Advantage #1 : a Premium Member benefits from 6 profiles presented per day instead of 3 and can choose 2 profiles instead of just one.
Advantage #2 : a Premium Member receives 1 tip every day by launching the application. Tips can be accumulated on his account without any quantitative limit. A tip allows you to choose a 2nd chance profile and two tips allow you to match in 2nd chance if the Member has been chosen by a 2nd chance person.
Advantage #3 : a Premium Member can send a personalized message to each person they choose without waiting to match. The person receiving the message can then accept the match request for free on a first or second chance.
Members who purchased the "Double Hit" option prior to setting up Waiter Premium receive benefit # 1.
Members who purchased the "Direct Message" option before setting up Waiter Premium will benefit from Benefit # 3.
Members who bought tips before setting up Waiter Premium can use them to choose 2nd chance profiles and match 2nd chance.
4.3. WAITER Premium secure purchasing methods
The purchase of a WAITER Premium subscription is made in the WAITER application by clicking on BECOME PREMIUM from the Member's profile menu.
The financial terms of the subscription contract concluded through the app are those of the relevant store (App Store for devices with iOS operating system and Play Store for devices with Android operating system).
The purchase is made in a secure manner according to the payment terms provided and imposed by the Apple App Store and the Android Google Play Store which are solely responsible for the terms and the payment process in which WAITER is not intended to intervene in accordance with the conditions imposed by the platforms. Any refund request or request relating to payment should be directed to Apple and Android services. Bank data is collected directly by Apple or Android and is not collected or processed by WAITER.
4.4. Duration of the contract and renewal of WAITER Premium
WAITER Premium is offered in several different durations. The three main terms are one month, three months or six months. The Member benefits from reductions in the monthly price of the subscription by opting for a period of three months or six months.
The amount invoiced for a subscription is payable in full at the conclusion of the contract. WAITER indicates to the Member the total price of the subscription according to the duration chosen as well as the price per month to compare the reductions in subscriptions over several months.
After each subscription period, the contract is renewed automatically according to the period initially agreed, unless the Member terminates his subscription no later than 24 (twenty-four) hours before the end of the initial period. The total amount invoiced for each renewal period will be invoiced within 24 (twenty-four) hours preceding the expiration of the initial term.
A Premium Member can terminate their subscription at any time by going to their account settings on the store and deactivate their automatic renewal. These conditions are reminded to the Member before he presses the "Continue" button and thus confirms his subscription to a subscription.
In order to ensure complete and up-to-date information, the Member must consult the general conditions of the stores. These are notably accessible via the links below:
App Store: https://www.apple.com/legal/internet-services/itunes/
Play Store: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos
4.5. As an exception to the provisions of article L.221-18 of the Consumer Code, the period of 14 clear days to exercise the right of withdrawal is not applicable, insofar as in accordance with article L.221- 28 13 °):
- The service will start immediately after validation of the order;
- The service will be fully executed before the end of the withdrawal period;
- The Member has expressly waived his right when placing the order;
Article 5 - Obligations of members
5.1. Each Member:
- Is required to read these Terms before any registration on the Application, which will be acceptance without restriction or reservation;
- Must be of legal age and have the capacity to enter into a contract;
- Undertakes to provide complete, accurate, sincere and honest information when registering and to keep it up to date from the Application;
- Undertakes not to publish confidential photos and / or information (in particular any financial, professional, family, medical or geolocation data) of other Members or third parties;
- Undertakes not to use robot software or other tools than those offered by WAITER within the Application;
- Undertakes to use the Application for strictly personal purposes and in particular not to use the Application for professional, commercial or lucrative purposes in any way;
It is prohibited to send any message for marketing and / or commercial purposes and / or newsletters via WAITER's Messaging service which would include, in particular and in a non-exhaustive manner, content, indications or hypertext links referring to sites or supports third-party companies.
- Undertakes not to use the application for gatherings, recruitments or events;
- Ensures in particular that the information and content, in particular the photographs it publishes on the Application comply with these Terms of Use, the applicable regulations and that they do not infringe the rights of third parties, such as in particular related content condemning crimes against humanity, incitement to racial hatred and violence, child pornography, outrages upon human dignity, as well as content of a discriminatory or intrusive nature, or defamatory;
In particular, it is prohibited to publish pornographic, exhibitionist or indecent or moral photographs.
- Undertakes to respect the intellectual property rights relating to the content of the Application and to the Services provided by WAITER
In general, each Member is solely and fully responsible for the use he makes of the Application and the content he publishes.
In addition to the reporting mechanism defined in article 6.4. hereof, WAITER ensures that the names entered on the field provided for this purpose, and the photographs published comply with these Terms of Use and the applicable regulations, before these elements are visible to other Members.
5.2. Failure to comply with the aforementioned obligations may result in the suspension or even the termination of the Account, without prejudice to any damages that WAITER will be entitled to request.
Article 6 – Obligation and responsibility of WAITER
6.1. The role of WAITER is strictly limited to providing technical means enabling its Members to access the Connection Services according to their search criteria and their potential affinities.
THE WAITER COMPANY HAS NO OTHER OBLIGATION THAN THAT OF ALLOWING AND FACILITATING THIS CONNECTION THANKS TO THE PROVISION OF TECHNICAL MEANS.
6.2. WAITER cannot be held responsible for:
- In the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Application or to one of its Services, linked to the member's internet access provider, or to any cause external to WAITER;
It is further specified that WAITER reserves the right to interrupt its Services for reasons of maintenance;
- In the event of force majeure as defined by French law and jurisprudence;
- In the event of a malfunction of the Member's terminal or a compatibility problem between the Application and the terminal;
In this regard, it is recalled that the material for connection to the Application is under the full responsibility of the Member who is invited to:
o Take all appropriate measures to protect its equipment and its own data against the risk of viral attacks via the Internet;
o Make sure you have a secure email address;
- In the event of non-compliance by one of its Members with the obligations resulting from these Terms of Use and / or applicable law and regulations, and in particular in the event of fraud, prostitution, identity theft, or infringement of the intellectual property rights of a third party;
6.3. The Member is responsible for damages of any kind, material or immaterial, direct or indirect, caused to WAITER or to any third party, due to the illicit use of the Application or the violation of any of its obligations arising of these Terms.
The Member renounces to exercise any recourse against WAITER within the framework of proceedings carried out by a third against him because of the illegal use or exploitation of the Application or the violation of any of his obligations arising of these Terms.
The Member waives in particular any recourse against the company WAITER on the basis of the possible infringement of his right to the image, his honor, his reputation, the intimacy of his private life, resulting from the dissemination or disclosure of information concerning him.
6.4. In accordance with the provisions of article 6 of French Law n ° 2004-575 of June 21, 2004, WAITER offers its Members the possibility of reporting any illegal content such as the apology for crimes against humanity, the provocation to the commission of acts of terrorism and their apology, incitement to racial hatred, to hatred towards people because of their sex, their sexual orientation or identity or their handicap, child pornography, incitement to violence, including incitement to violence against women, as well as attacks on human dignity.
In order to act promptly to have these contentious content removed, if necessary, the Member must, by checking the box provided, specify to WAITER whether it is a question of:
- False identity ;
- Inappropriate photos;
- Scam attempt ;
- Advertising use ;
- Suspicious age ;
- Spam ;
In addition to their removal, the publication of illegal content within the meaning of the aforementioned provisions may result in the suspension or even the deletion of the Account of the Member having published the said content, under the conditions provided for in articles 9 and 10 of these Terms of Use.
In addition, the Member subject to the report will be automatically removed from the List of presentations and the Messaging of the Member who reported it, and will no longer be able to access the latter's profile.
It is also recalled that the Member can block another Member without notifying him by the Refusal mechanism or by the cancellation of a Match, and this so that each Member can maintain control over the Members with whom he wishes to maintain or no contact.
6.5. . It is recalled that the "real" meetings are the sole responsibility of the Members, so that the responsibility of the company WAITER, whose role is strictly limited to facilitate the connection of its Members through the Application , can not, in any way, be sought because of facts, of any kind whatsoever, related to these "real" meetings.
WAITER however wishes to warn its Members against the risks inherent in any "real" meeting, by inviting them in particular to:
- Check the identity of the Members they wish to meet;
- Do not communicate their address and telephone number;
- Notify one of the relatives;
- Organize said meetings in public and frequented places;
Article 7 – Personal data
The processing of information communicated through the Application has been declared to the CNIL.
In application of French law 78-17 of January 6, 1978, it is recalled that the personal data collected have the following purposes in particular:
- Facilitate the connection of Members through the Application;
- Moderate the profile of the Members;
- Build member loyalty (CRM) by implementing any promotional operation;
- Carry out operations relating to prospecting;
- Develop internal statistics on the use of the Application;
- Manage requests for the right of access, rectification and opposition;
This data may be used for commercial purposes, in particular to allow WAITER to inform its Members of its new offers of products or services.
This data may be communicated to any partners of WAITER.
This data may be transferred to a State which is not a member of the European Union.
Members are also informed of the fact that their profile containing in particular their photographs could be put forward within the framework of the advertising campaigns of the company WAITER in particular on the Play Store, as well as on social networks such as in particular Facebook, Instagram, Twitter, Snapchat, Youtube, etc.
The WAITER Company undertakes to take all reasonable measures necessary to secure and protect the personal data and information of its Members, collected and processed by it.
Each Member has, in accordance with national and European regulations in force, and in particular the Data Protection Act, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised by sending a request:
- or by post to the address: WAITER DATING SAS, 83 Traverse du diable, Costebelle, Bat.A, 13012 Marseille, FRANCE;
- either by email to the following address: hello@waiter.love
Article 8 - Intellectual property
8.1. The content of the Application, and the WAITER mark registered at the National Institute of Intellectual Property under number 4380552 are the property of WAITER and are protected by French and international laws relating to intellectual property.
8.2. Any total or partial reproduction of this content and / or this brand is strictly prohibited and may constitute an offense of counterfeiting.
The Member specifically refrains from any representation and / or reproduction and / or distribution and / or partial or total use of the WAITER brand as well as software, animations, texts, videos, graphics and more generally of the general structure of the Application , without the express, written and prior authorization of WAITER, which may condition it for financial compensation.
8.3. The Member grants WAITER a free, non-exclusive, worldwide and perpetual license to use the intellectual property rights attached to the content it provides.
This license includes the right to reproduce, represent, adapt, translate, digitize, use the content provided by the Member on all or part of the Services and on all communication media.
The Member expressly authorizes WAITER to modify said content in order to comply with the graphic charter of the Services or its communication media.
Article 9 – Suspension of the account
WAITER may suspend a Member's Account, which will make their Account immediately invisible to other Members, in the following cases:
- In the event of the Member's breach of one of the obligations arising from these Terms of Use;
- In case of failure of the Member to comply with its legal and regulatory obligations;
- In the event of a report by another Member under the conditions defined in article 6.4 of these Terms;
Once informed of the suspension of his Account, the Member is invited to contact WAITER to make any comments.
In the absence of a reaction from the Member within 30 days, WAITER may proceed to the permanent deletion of its account.
Article 10 – Deletion of the user account
10.1. The Member can, at any time, decide to permanently delete his Account, via the Application by going to the "Settings / Delete your account" section.
The deletion of the account leads to the deletion of all data from the Member's profile: profile information, photos, search criteria, choices made, matches obtained, chat conversations, etc ...
The remaining Tips and paid options enjoyed by the Member when their Account is deleted are also permanently deleted, with no possibility of refund.
A Premium Member who deletes his account can also delete his Subscription as indicated in article 4.4 of these Terms of Use.
When the Member wishes to start using the Application again, he must recreate an account under the same conditions as a first registration.
10.2 WAITER may permanently delete a Member's Account in the following cases:
- Failure of reaction of the Member within 30 days after the suspension of his Account;
- In the event of the Member's breach of one of the obligations arising from these Terms of Use;
- In case of failure of the Member to comply with its legal and regulatory obligations;
The Member whose Account has been deleted by WAITER will no longer be able to register on the Application for a period of 3 years from the day of said deletion.
10.3. WAITER may also permanently delete the Account of a Member who has been inactive for more than a year, subject to 8 days notice
Article 11 : Other stipulations
11.1 In the event that one of the stipulations of these Terms of Use is declared void or unenforceable by the effect of a law of a regulation or a jurisdictional decision emanating from a competent court, the other stipulations will remain valid and their force, except to imagine that these Terms of Use are distorted or that this results in a significant imbalance of the obligations borne by the parties.
11.2. French law alone will apply to these Terms of Use.
11.3. In the event of a dispute, the Member undertakes to contact WAITER directly in order to attempt to resolve any dispute amicably
In the event of failure, the Member may have free use of the dispute resolution platform posted online by the European Commission at the following address:
http://ec.europa.eu/consumers/odr/
11.4. All disputes to which these presents may give rise, concerning both their validity, their interpretation, their execution their termination their consequences their consequences which have not been resolved between WAITER and a Member, will be submitted to the competent Courts under the conditions of common right.
Update : 03/03/2021