The General Terms and Conditions of Use of the Application are current as at 07/03/2024.
FAMI GROUP (hereinafter the « Company ») is a simplified joint stock company with share capital of €405,000.00, having its registered office at 1 RUE LOUIS BOUILHET, 76000 ROUEN, registered in the Rouen Trade and Companies Register under number 883 336 174 represented by UNYS (820 149 409 ROUEN). Its intra-community VAT number is : FR 59 883 336 174.
The Company's telephone number is 02 35 08 39 09 and its e-mail address is <contact@famiwine.fr>. The FAMIWINE Application publication manager is Mr Sylvain FRANCOIS. The Company is the owner and publisher of the FAMIWINE Application. The FAMIWINE Application is hosted on the mobile platforms Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland - Google Play: Google Ireland Limited Gordon House, Barrow Street Dublin 4 Ireland and the back office data is hosted by Always Data SARL, 91 Rue du Faubourg Saint-Honoré, 75008 Paris, 01 84 16 23 40.
The FAMIWINE Application is a mobile application available on the download platforms for Ios and Android systems (« the Application »).
The Application is a referencing guide based exclusively on the selection built up by the Famiwine Committee, which selects the Winegrowers and their wines, and the Establishments (Restaurants, Wine Bars, Wine Merchant) where they are offered for tasting, as well as the Experts (Sommelier, Restaurateur, Wine merchant, Ambassador). It enables wine lovers (« Users ») to create personalised private profiles with the management of their favourite Establishments and Winemakers and the creation of a wine tasting log, and more generally to use the Services to which the Application gives access, including a geolocalised search service for Establishments and Winemakers.
These General Terms and Conditions of Use (the « GTCU ») define all the terms and conditions of use of the Application.
User: any natural person of legal age registered on the Application.
Establishment: any legal entity registered in the Trade and Companies Register with a wine bar, restaurant or wine merchant activity, which has been pre-selected by the Company and registered on the Application.
Winegrower: any legal entity registered in the Trade and Companies Register and engaged in the production and distribution of wines, which has been pre-selected by the Company and registered on the Application.
Expert: any natural person with a wine-related activity (sommelier, restaurant owner, wine merchant, winemaker) or who is a wine enthusiast, who has been pre-selected by the Company and registered on the Application.
Member and/or You: refers to Users, Winemakers and Establishments.
User Profile: pages created by Users on the Application including their personal information (username, optionally: Profile photos, date of birth, gender and presentation information), their selection of Winegrowers and Establishments and Experts, their wine list and their comments.
Establishment Profiles: pages created for the selected Establishments (restaurant, wine bar, wine shop) on the Application including their information (name, logo, address, telephone, e-mail, website, table reservation link, photos, description, menu, etc.), number of subscribers, the Winemakers represented on their wine lists, etc.
Winemaker Profiles: pages created for the Winegrowers selected on the Application, including their details (name, logo, address, tel, email, website, photos, region, annual production, type of winemaking), number of subscribers, the Wineries they work with and their wine lists.
Profile: refers to the Profiles of Users, Establishments and Winemakers.
Like: action carried out from the Application enabling a Member to express interest in an Establishment, a Winemaker or an Expert.
Services: all the services provided by the Application, including searching for an Expert, an Establishment, a wine or a Winegrower using a search engine integrated into the Application; finding a nearby Establishment using geolocation; promoting it (for Establishments and Winemakers), etc.
You declare that you have read and accepted these Terms and Conditions without restriction or reservation before finalising your registration on the Application by ticking the box provided for this purpose.
The Company may modify the Terms and Conditions at any time to take account of changes to the Services. The applicable Terms and Conditions are those in force and available for consultation on the Application at the date of your registration. You will be notified of any changes to the GTCU by e-mail or by any other means, with an indicative notice period of 30 days. Any continued use of the Application after the entry into force of the amended version of the GTCU shall constitute acceptance of the amended version of the GTCU
5.1 To access the Application, You must register using one of the following procedures:
Once this first stage has been completed, You can create your Profile by adding your identifying information (photographs, description of yourself, etc.). When creating your Profile, You undertake to choose a pseudonym that is unique to You and that does not use all or part of protected names, such as the name 'Famiwine', the use of which is reserved exclusively to the Company as a registered trademark. Any Profile using the name Famiwine and/or a similar name that infringes the Company's rights may not be activated and/or will be deleted by the Company.
5.2 You guarantee the accuracy of the data transmitted. You undertake to notify the Company immediately of any change in this data. Your passwords and logins are strictly confidential and private.
5.3 Before using the Application, the Member must ensure that he/she has the technical and IT resources to benefit from the Services available on the Application and that his/her hardware/equipment allows secure access to the Application.
5.4 In accordance with article L. 221-8 of the French Consumer Code, by accepting the GTCU, the User acknowledges that by downloading the Application, he/she benefits from it immediately and thus expressly waives his/her right of withdrawal. BY VALIDATING THESE GTCU, THE USER EXPRESSLY AGREES TO WAIVE HIS/HER RIGHT OF WITHDRAWAL.
6.1 Licensing of Content
You undertake to use the Application and the associated Services in accordance with the Company's instructions and for your personal use, in compliance with these GTCU. In this respect, You undertake not to:
6.2 Member guarantees
You guarantee the Company and undertake to hold it harmless in the event of recourse by third parties, other Members or any legal or natural persons to whom your publication of Content on the Application may cause prejudice, as a result of the violation of these GTCU and/or the laws and regulations in force (particularly, but not exclusively, with regard to counterfeiting, freedom of expression, the fight against the consumption of alcohol and narcotics or other matters).
You hereby release the Company from any liability, loss, claim, dispute, damage or expense, including legal and defence costs, claimed by a third party or by another Member as a result of its use of the Application.
6.3 User licence
You grant the Company, free of charge, a non-exclusive right to reproduce, store on any medium and by any technical process, as well as a right to communicate to the public online and make available, the Content published on the Application.
This licence is granted for the entire World and for the entire duration of publication by the Member of its Content and other elements on the Application. This right of use is granted to the Company in the context of the operation of the Application, in accordance with these GTCU and in order to allow consultation of the Content by other Members.
7.1 For Establishments, Winemakers and Experts, the Content published on the Application is visible to all Members.
For Users, the Content that You publish on the Application is not visible, access being strictly limited to Your Profile.
7.2 The Company reserves the right to withdraw Content and suspend access (delete the Profile) of a Member if it has been brought to its attention, under the conditions set out above, that this Content is manifestly illicit or at the request of a judicial authority.
In accordance with the provisions of article 6-1-2 of law no. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, the Company is under no general obligation to monitor the Content that You publish on the Application. The Company is only obliged, in its capacity as host, to act promptly to remove any manifestly illegal content reported by Members on the Application. Consequently, as soon as a Member notifies the Company of Content that is manifestly unlawful, abusive, defamatory, insulting or more generally punishable by the applicable laws and regulations, the Company will act promptly to remove this Content from the Application. Any unwarranted and/or slanderous denunciation exposes its author to civil and criminal penalties.
The Company is not liable for any indirect or consequential damage that the User may suffer as a result of the performance of these GTCU and cannot be held liable in the event of an act of God, the act of a third party or the act of the User.
In particular, the Company declines all liability for any unforeseen errors, inaccuracies or omissions relating to information or content available on the Application posted by Users and for any damage resulting from fraudulent intrusion by a third party leading to the modification or alteration of information appearing on the Application or causing prejudice to any User of this Application; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of access by any person to the Application or the impossibility of accessing it.
The Company shall not be liable for any damages, direct or indirect, resulting from any interruption of the Application due to technical problems or failures related to telephone networks, online computer systems, servers, Internet providers, computer equipment or software or its IT service providers.
All elements of the Application, including in particular the graphic charter, trademarks, logos, graphics, codes and other structural elements of the Application are the exclusive property of the Company. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Application, regardless of the means or process used, is prohibited and liable to prosecution in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
When using the Application, Members may include links to their websites.
The Company declines all responsibility for the aforementioned sites and the content published on them, the Members or the third party publisher of the site being solely responsible for these sites and their content. The Company cannot control the content nor validate the advertising, products and other information published on these sites.
Your personal data is collected and processed in accordance with our Privacy Policy, which can be accessed via the following link https://www.famiwine.fr/politique-de-confidentialite.
12.1 The Application is accessible to Users for the duration of their use of the Application.
12.2 Any serious or repeated breach of these GTCU may result in the deletion of your Profile, without prior notice and upon simple written notification sent by the Company and without the Member being able to claim any compensation whatsoever.
12.3 The User may unsubscribe at any time from the settings / registration settings section. In this case, the User's Profile will be deleted by the Company.
These GTCU are governed by French law. Any dispute between the Company and the Members concerning the existence, interpretation or execution of these GTCU shall be resolved, before any legal dispute, by mediation. Any complaint relating to the application of these GTCU must be sent to our customer service department, contact@famiwine.fr. If the complaint is unsuccessful, the Member may have recourse, free of charge, to the mediation service offered by the Company. If these attempts fail, any dispute relating to these GTUs will be submitted to the competent courts located within the jurisdiction of the Court of Appeal of Rouen, notwithstanding multiple defendants or third-party appeals, including for summary proceedings or proceedings on petition.