Welcome and thank you for using Ecocook.com, and other services and applications of BIOLIA SARL. When you use our products and services, you accept our terms. Therefore, we recommend that you spend a few minutes reading our Terms of use below.

Note: You are entering into a legally binding agreement.

 

1. Presentation

Our terms of use have been updated

1.1. Purpose

The mission of ECOCOOK’s website is to connect restaurants around the world implementing excellence and sustainable practices with the various interlocutors (producers, consumers, etc.) in order to improve their global performance, to valorise their commitment with sustainability and to facilitate their success.

Our services and ECOCOOK’s website have been designed to improve, valorise, communicate and promote the excellence and sustainable practices of our members, at all operational and management levels, and among all interlocutors. Our website allows you and millions of professionals, restaurants and users to get to know each other, to recommend each other, to exchange ideas, to learn, to share, to find solutions and to make decisions in a network of close relationships.

1.2. Agreement

You accept that by clicking “Join Today”, “Join ECOCOOK”, “Register”, by accepting cookies or any other similar link, such as registering with, accessing or using our services (including ECOCOOK’s website, our mobile applications, the developers’ platform, Premium services or any other content or information provided as part of such services, jointly called “Services”), you are entering a legally binding agreement (even if you are using our Services on behalf of a company) with BIOLIA SARL, Route de la Pierre 22, 1024 ECUBLENS, Switzerland.

The present “Agreement” includes these Terms of use, the Privacy Policy and any other terms published when using certain functions for the same time, which can be modified by BIOLIA SARL from time to time.

If you do not accept this Agreement, DO NOT click “Join Today” (or any other similar link) and do not access or use in any other way the Services.

The users subscribed to our Services are “Members” and the non-subscribed users are “Visitors”. This Agreement applies to both.

 

2. Obligations

2.1. Requirements to use the Services

In order to use the Services, you accept the following: (1) that you have reached the “minimum age” (to be defined below); (2) that you will only have one ECOCOOK account, to be registered under your real name; and (3) BIOLIA SARL has not imposed restrictions on your using the Services.

“Minimum age” means (a) 18 years old for the users of the Popular Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for the rest of countries. However, if the relevant law requires you to be older for BIOLIA to legally provide you the Services (including gathering, storing and use of information), then the Minimum age will be this age. Children under 13 cannot use the Services.

2.2. Your membership to ECOCOOK.com

You are the holder of your account regarding the relationships between the others and you. You agree: (1) to choose a difficult-to-guess and safe password; (2) to protect and to keep your password private; (3) to refrain from transferring any part of your account (for example, your contacts or groups) and (4) to comply with current law and what can and cannot be done in Ecocook.com described below. You will be responsible for anything happening in your account except when closing or when we are notified it has not being used properly.

2.3. Payment

If you buy any of our Premium Services, you are accepting to pay the relevant fees and taxes. Failure to pay such fees may result in stopping your subscription. Furthermore:

Your purchase may be subject to exchange rates or price differences based on your location (for example, due to exchange rates).

You are authorizing us to store and to continue invoice your method of payment (for example, your credit card) even after expiring, in order to avoid interruption of services (subscription) and to facilitate the payment for new services.

You will have to pay us the relevant fees and taxes except when you cancel the Premium Service, in which case you accept to continue paying us these fees until the end of the relevant subscription period. Find out how to cancel or change the Premium Services and read about BIOLIA’s reimbursement policy.

Taxes are calculated based on the invoicing information provided by you at the time of purchasing.

2.4. Notices and messages about the Services

You accept that we communicate with you as follows: (1) a warning in the shape of a banner in the Service, or (2) an email sent to the address you provide, or (3) through other means including a mobile number, a home number or postal address. You accept to keep your contact details updated.

Please, review ECOCOOK’s settings to control and limit the type of messages you receive from us.

2.5. Messages and sharing

Our Services permit publishing messages and sharing information in many ways such as your profile, slides, links to news, employment ads, EcoChats, EcoMessages and blogs. The information and content you share or publish can be seen by other Members or, if public, by Visitors. When an settings option exists, we will respect your choice with regard to who can see the content or information (for example, to share with a group and not with your network, to limit the visibility of your profile or stop people from knowing when you have changed your profile, carrying out recommendations or that you follow companies). Take into account that other activities, such as sending an EcoMessage, are private by default and can only be seen by the receiver.

We are not obliged to published information or content in our Service and we can withdraw them at our entire discretion, with or without prior notice.

 

3. Rights and limits

3.1. Your license with regard to ECOCOOK

Between BIOLIA SARL and you, you are the owner of the content and the information you provide or publish in the Services, and you only grant BIOLIA SARL the following non-exclusive license: a world right, transferable and subject to a sublicense to use, copy, modify, distribute, publish and treat information and content provided through our Services without any additional consent, notification or compensation to you or a third party. These rights are limited as follows:

  1. You can end this license regarding a specific content by erasing it from the Services, or in general by closing the account, except (a) to the extent you have shared them with other people as part of the Service and they have copy them or stored them and (b) the reasonable time it takes to withdraw them from security copies and from other systems.
  2. We will not include your content in product and service advertising of other people (including sponsored content) for third parties without your express consent. However, we will be entitled, without having to compensate you or a third party, to publish advertisements near your content and information, and your comments will be visible within the sponsored contents as described in the Privacy Policy.
  3. We will seek your consent if we want to grant other people the right to publish your information outside the Service. However, other Members or Visitors can access and share your content and information based on your settings.
  4. Even if we can edit and carry out format changes to your content (such as translate it, modify its size, design or type of file, or to erase metadata), we will not modify the meaning of your expression.
  5. As you are the owner of your content and information, and we only possess non-exclusive rights with regard to them, you can choose to share them with third parties, including through a license of Creative Commons.

You accept we can access, store and use any information you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By sending BIOLIA SARL suggestions and other comments regarding our Services, you accept BIOLIA SARL to use and share (but it will not necessarily will) such comments for any purpose without compensation.

You agree to provide only content and information that do not breach the relevant legislation or third party rights (such as intellectual property rights or the breach of a contract). You also agree to provide true information in your profile. BIOLIA SARL may be required by law to withdraw certain information or contents in certain countries.

3.2. Service availability

We can change, suspend or stop any Service, or change and modify the future fees at our entire discretion. To the extent permitted by law, these changes will be effective when communicated to you.

BIOLIA SARL is not a storage service. You accept that we do not have the obligation of storing, preserving or providing a copy of any content or information provided by you, except when required by law or in the events described in clause 3.1 of our Privacy Policy.

3.3. Other content, web sites and applications

By using our Services, you can find content or information that can be inaccurate, incomplete, old, deceiving, illegal, offensive or harmful. BIOLIA SARL does not review in general the content provided by our Members. You accept to exonerate us from the content or the information provided by third parties (including Members) and that we accept no responsibility for the damages derived from the use or trust you have place in them.

You are responsible for deciding whether you want to access or use applications or web sites of third parties accessible via link from our Services. If you permit an application or web site to authenticate you or connect to an ECOCOOK’s account, such application or web site may access your information and that of your ECOCOOK’s contacts. Third parties’ applications and web sites have their own legal terms and privacy policies, and you might be granting access to third parties in order to use your information in a manner different from how we would do. Except in the limited cases where the relevant law so requires, BIOLIA SARL will not be responsible of these websites and applications; you use them at your own risk. Please, consult clause 2.6 and 2.7 of Privacy Policy.

3.4 Limitations

BIOLIA SARL reserves its right to limit the use of its Services including your contact number and your capacity to contact other Members. BIOLIA SARL reserves its right to restrict, suspend or close your account if it deems you may have breached this Agreement or the law or if it considers you are using the Services incorrectly (such as by infringing any of the things you should or should not do).

BIOLIA SARL reserves all its intellectual property rights in the Services. For example, BIOLIA, BIOLIA’s logos (green plate with 1 to 4 leaves) and other BIOLIA SARL’s brands, service marks, graphics and logos used with regard to ECOCOOK or BIOLIA are trade marks or registered trade marks held by BIOLIA SARL. Other marks and logos used with regard to the Services can be commercial marks of their respective owners.

 

4. Exclusion and limitation of liability

4.1. Exclusion of guarantee

TO THE EXTENT PERMITTED BY LAW, BIOLIA SARL (AND WHOEVER IS WORKING WITH THEM TO RENDER ITS SERVICES) (A) WILL NOT BE DEEMED RESPONSIBLE OF ANY IMPLICIT GUARANTEE OR REPRESENTATION (SUCH AS MARKETING GUARANTEES, FITNESS FOR PURPOSE, ACCURACY OF DATA AND NON-BREACH); (B) IT DOES NOT GUARANTEE SERVICES CAN BE USED WITHOUT INTERRUPTION OR WITHOUT WORKING ERRORS, AND (C) IT WILL RENDER THE SERVICE (INCLUDED THE CONTENT AND INFORMATION) AS AVAILABLE.

SOME LAWS DO NOT PERMIT THE EXCLUSION OF liability AND THEREFORE SOME OR ALL THESE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.

4.2 Exclusion of liability

TO THE EXTENT PERMITTED BY LAW (AND EXCEPT WHEN BIOLIA SARL HAS ENTERED INTO AN INDEPENDENT WRITTEN CONTRACT REPLACING THIS AGREEMENT), BIOLIA SARL (AND WHOEVER WORK WITH HIM TO PROVIDE THE SERVICES) WILL NOT BE RESPONSIBLE OF ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, OR AS A RESULT OF LOSS OF DATA, OF OPPORTUNITIES, REPUTATION OR ECONOMIC LOSS RELATED TO THE SERVICES (SUCH AS OFFENSIVE OR DEFAMATORY STATEMENTS, LOST TIME, USE OF CHANGES IN YOUR INFORMATION OR CONTENT).

LINKEDIN’S RESPONSIBILITY (AND THAT OF WHOEVER WORKS WITH LINKEDIN TO PROVIDE THE SERVICES) WILL NOT EXCEED IN ANY CASE, ONCE ALL THE CLAIMS HAVE BEEN ADDED, THE LOWEST OF THE AMOUNT (A) FIVE TIMES THE MOST RECENT MONTHLY OR ANNUAL FEE PAID FOR A PREMIUM SERVICE IF APPLICABLE, OR (B) 1,000 CHF.

THIS RESPONSIBILITY LIMIT IS PART OF THE AGREEMENT BETWEEN BIOLIA SARL AND YOU, AND IT WILL APPLY TO ALL LIABILITY CLAIMS (GUARANTEE, DAMAGES, NEGLIGENCE, CONTRACT, LAW), EVEN IF BIOLIA SARL HAD BEEN COMMUNICATED SUCH DAMAGE, AND EVEN IF SUCH SOLUTIONS HAD NOT CORRECTED ITS ESSENTIAL PURPOSE.

SOME LAWS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY AND THEREFORE THESE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.

 

5. Rescission

The parties to this present contract (BIOLIA SARL or you) can rescind this Agreement at any time after notifying the other party. After rescission, you will no longer have the right to access and use the Services. The following will continue applying after rescission:

  • Our right to use and disseminate your comments.
  • The rights of Members and Visitors to share again content and information you shared through the Service to the extent they were copied or shared again before rescission.
  • Clauses 4, 6 and 7 of this Agreement.
  • Any amount due by any of the parties before rescission will remain outstanding after rescission.
  • You can visit our Help Centre to find out how to close you ECOCOOK’s account.

 

6. Conflict resolution

You accept Swiss law, except in the event of a conflict of jurisdiction, to be the only applicable to solve any dispute related to this Agreement and/or the Services. Both parties to this present agreement accept to be under the exclusive jurisdiction of the courts of the Vaud canton, Switzerland.

 

7. General provisions

If a competent court over this Agreement finds any clause that is not executable, you and we accept that such court can modify the terms of the Agreement in order to execute such part to the extent in continues achieving its intention. If the court can no longer do it, we agree to request from the court to withdraw from the Agreement the non-executable part and to continue applying the rest of the Agreement. To the extent permitted by law, the French version of this Agreement will be binding and the translations are offered for convenience purposes only.

If we decide to act against you in the event of a breach of this Agreement on your side, it does not mean BIOLIA SARL has waived the right to uphold the Agreement before a court. You cannot assign or transfer this Agreement (or your account or use of the Services) to no one without our consent. Notwithstanding the above, you accept BIOLIA SARL assigns this Agreement to its affiliates or to a party willing to purchase it without your consent. There are no other beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and we will notify you if we do so; we accept that the changes cannot be retrospective. If you do not agree with these changes, you will have to stop using this Services.

You accept the only mode of sending us a notification are the guidelines provided in clause 10.

 

8. What you should and should not do in ECOCOOK.com

8.1. What you should do. You accept:

  • To comply with all relevant laws, including, among others, the privacy laws, intellectual property laws, antispam laws, export control laws, laws on tax matters and other regulatory requirements.
  • To provide us with accurate information and to keep it updated.
  • To use your true name in your profile.
  • To use the Services professionally.

8.2. What you cannot do. You accept to refrain from the following:

  • To act dishonestly or unprofessionally, including the publication of inappropriate, inaccurate or reprehensible content.
  • To add content to fields which are not designed for such content (such as writing a telephone number in the “position” field or in any other field or to include telephone numbers, email addresses, postal addresses or any other data for which BIOLIA SARL does not provide a field).
  • To use a profile image or picture unrelated to your profile, unrelated to the services you offer or to the locations where you offer your services.
  • To create a false identity in Ecocook.com
  • To inaccurately or falsely present your ECOCOOK certification or any other information (e.g. with regard to your sustainability level).
  • To pretend to be affiliated with a person or entity, both presently or in the past.
  • To distort your identity, such as using a pseudonym.
  • To create a Member profile for someone different from you (an individual), your company or your organisation.
  • To use or try to use the account of another person, company or organisation.
  • To harass, to take advantage of or to hurt another person or organisation.
  • To send spam or other unrequested communications to other people.
  • To use the method of scrape or to copy profiles and information of other people through any mean (including crawlers, browser plugins and complements, and any other technology or manual programs).
  • To act illegally, insultingly, abusively, obscenely, discriminatorily or in any other exceptionally behavior.
  • To disclose information you are not entitled to disclose (such as confidential information of other people, including your company).
  • To infringe the rights of intellectual property of other people such as patents, trademarks, trade secrets, author’s rights and other property rights.
  • To infringe the intellectual property or other BIOLIA SARL’s rights, including, without limitation, the use of the word “ECOCOOK” and “BIOLIA” or our logos in any commercial name, electronic mail or URL except in the cases described in the Trade mark guidelines.
  • To publish unrequested or non-authorised advertising, promotional material, “spam”, “chain letters”, “pyramid schemes” and any other form of advertising which was not authorized by BIOLIA SARL.
  • To publish anything containing program viruses, worms or any other harmful code.
  • To tamper with identifiers to hide the origin of any message or publication transmitted through the Services.
  • To create profiles or to provide contents offering escorting or prostitution services.
  • To create or operate a pyramidal scheme, fraud or similar practice.
  • To copy or use information, content or data published in Ecocook.com for competition purposes or with regard to a service provided by the competition (as determined by BIOLIA SARL).
  • To copy, to modify or to create works derived from BIOLIA SARL and ECOCOOK’s services, the Services or any related technology (except when expressly authorized BIOLIA SARL).
  • To use reverse engineering techniques, to decompile, to disassemble, to decode or in any other way obtain the Services’ source code or of any technology related or part of it.
  • To pass off as or state to be affiliated or endorsing ECOCOOK or BIOLIA SARL without our express consent (for example, to pass yourself off as a BIOLIA SARL’s certified trainer)
  • To rent, to lease, to do business, to sell or resell access to the Services or any other information or data related.
  • To sell, to sponsor or to obtain an economic benefit from an ECOCOOK’s group or of any other function of the Services without BIOLIA SARL’s consent.
  • To set up links to our Services’ specific pages for any reason to promote your profile or an ECOCOOK’s group (as established in the Trademarks Guidelines), without BIOLIA SARL’s consent.
  • To remove author’s rights, trademark or other intellectual property rights’ notices included in our Service.
  • To withdraw, to cover or to hide any advertising included in the Services.
  • To gather, to use, to copy or to transfer any information obtained from BIOLIA SARL or ECOCOOK without BIOLIA SARL’s consent.
  • To use automated or manual programs, devices, script robots, other access means or processes, scrape, crawl or spider the Services or any other data or information related to above.
  • To use bots or other automated methods to access the Services, to add or download contacts or to send or redirect messages.
  • To control availability, performance or working of Services for competition purposes.
  • To carry out framing or mirroring or to simulate in any other way the appearance or function of the Services.
  • To access the Services through the interfaces expressly provided by BIOLIA SARL, such as its mobile applications, biolia.ch and Ecocook.com
  • To cancel any safety function included in the Services.
  • To interfere with the functioning of the Services or to load the Services not very reasonably (such as using spam, attacking by means of service refusal, virus, game algorithms).

 

9. Complaints regarding the content

We respect the rights of intellectual property of other people. We demand that the information published by the Members be exact and that it does not infringe the rights of intellectual property or other third party rights. We have a complaints policy and procedure regarding the content published by our Members.

 

10. How to contact us

If you want to send us notices or notifications regarding the process, you can contact us on the following address:

BY ELECTRONIC MAIL TO:
info@biolia.ch

BY ORDINARY POST

For Members residing in Switzerland:

BIOLIA SARL

Route de la Pierre 22
1024 Ecublens.
Switzerland

For Members residing in Spain:

Avenida Diagonal 520
08034 Barcelona
Spain