KUNTO LEGAL NOTICE & TERMS OF USE
These Terms of Use supplement the General Terms and Conditions of Sale (https://kunto.fr/cgv) and the Privacy Policy (https://kunto.fr/privacy).
BETWEEN:
The User (as defined in the preamble hereto),
On the one hand,
AND
The Seller (as defined in Article 2 herein)
On the other hand,
Hereinafter, the User and the Seller shall be individually referred to as the «Party» or collectively as the «Parties».
These General Terms of Use are hereinafter referred to as the «GTU».
IT HAS PREVIOUSLY BEEN STATED THAT:
The application called «KUNTO» (hereinafter referred to as «the Application») is a computer application allowing its members to benefit from customized sports and nutritional programs (hereinafter referred to as «the Services»), access to which is offered for sale on the website www.kunto.fr (hereinafter referred to as «the Site») and on application download platforms (for example, Apple Store and Google Play) (hereinafter referred to as «the Platforms») by the company KUNTO (hereinafter referred to as «the Seller»), whose identity is set out below.
Users may navigate the Application and the Site (hereinafter referred to as «the Users»).
In this context, the Parties agree to enter into these ToS to determine their rights and obligations in connection with the use of the Application by the Users.
NOW, THEREFORE, IT HAS BEEN AGREED AS FOLLOWS:
ARTICLE 1 – SUBJECT
The purpose of these Terms of Use is to define and govern the terms and conditions for the use of the Site and the Application by Users.
ARTICLE 2 – LEGAL NOTICE
The Site and the Application are published by the Seller, namely:
KUNTO
Simplified joint-stock company with a share capital of 15,300 euros, registered in the Trade and Companies Register of Evry under number 892 798 588, having its registered office located at 3 rue de la Balance – 91350 Grigny, represented by its President, Mr. Hicham OUSSENI, duly authorized for the purposes hereof.
Email address: contact@kunto.fr
Phone number: 07.77.72.64.23
Individual tax identification number: 892798588
The Publication Director of the Website is Mr. Hicham OUSSENI.
The hosting of the Site and the Application is provided by OVH.
Address: 2 rue Kellermann – 59100 Roubaix – France
ARTICLE 3 – CONTACT
For any questions, complaints, or requests for information regarding the Site, the User may contact the Seller by sending an email to the aforementioned email address.
ARTICLE 4 – ACCEPTANCE OF THE TERMS OF SERVICE
Access and use of the Site and the Application are subject to the acceptance of and compliance with the TOU. This acceptance and compliance are deemed to be given by the User upon opening the Site and the Application. By accessing the Site and the Application, as well as the Services, Users unreservedly accept these TOU in their latest version and comply with them.
The Terms of Use apply, as necessary, to any variation or extension of the Site and the Application on existing or future social and/or community networks.
The Seller reserves the right to modify, at any time and without notice, the Site, the Application, the Services, as well as the T&Cs, in particular to adapt to developments in the Site, the Application, and the Platforms by making available new features or by removing or modifying existing features.
Therefore, the User is advised to refer to the latest version of the T&Cs before any browsing, accessible at any time on the Website and the Application (https://kunto.fr/cgu). In the event of disagreement with the ToS, the User may not make any use of the Site or the Application.
ARTICLE 5 – ACCESS AND NAVIGATION
Accessing and browsing the Site and the Application, in order to benefit from the Services, is carried out via an Internet connection.
The Seller implements the technical solutions at its disposal to provide access to the Site and the Application 24 hours a day, 7 days a week.
The Seller is bound by an obligation of means regarding access to and navigation on the Website and the Application, and makes its best efforts to guarantee such access and navigation. Nevertheless, it cannot be held liable for malfunctions of the Website and the Application and unavailability of the Services, and consequently cannot pay any compensation to the User.
The Seller may at any time suspend, limit or interrupt access to the Site, the Application or certain pages thereof in order to carry out updates, modifications to their content or any other action deemed necessary for its proper operation.
ARTICLE 6 – RESPONSIBILITIES
The Seller is only responsible for the content that it has edited itself.
However, it cannot guarantee the accuracy, completeness, and timeliness of the information disseminated on the Site and the Application.
Use of the Site and the Application implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular regarding technical performance, response times for viewing, querying, or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against potential misappropriation, and the risks of contamination by potential viruses circulating on the Internet network.
The Seller is not responsible:
technical, computer, or compatibility issues or failures of the Site, Platforms, and Application with any hardware or software whatsoever; ;
direct or indirect, material or immaterial, foreseeable or unpredictable damage resulting from the use or difficulties of use of the Site, the Application, the Platforms and/or the Services;
intrinsic characteristics of the Internet, particularly those relating to the unreliability and lack of security of the information circulating on it.
The User is responsible for the use and protection of the equipment they use to browse the Site, the Application, and the Platforms, for the use they make of them and of the Services, and for any violation of the Terms of Use. It is the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement. The User connects to the Site, the Application, and the Platforms entirely at their own risk.
The following are strictly prohibited: (a) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site and/or the Application, (b) any intrusions or attempted intrusions into the Seller's systems, (c) any misappropriation of the system resources of the Site and/or the Application, (d) any actions likely to impose a disproportionate load on the infrastructure of the latter, (e) any compromise of security and authentication measures, (f) any acts likely to infringe upon the financial, commercial, or moral rights and interests of the Seller or the users of its Site and/or Application, (g) any transmission to the Site and/or Application of illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive content, content contrary to public decency, or that infringes upon a person's privacy, including their right to their image, hateful, derogatory, or racially, ethnically, or otherwise objectionable content; (h) any practice misusing the Site and/or the Application for purposes other than those for which they were designed, and finally, more generally, (i) any breach of the Terms of Service or applicable laws and regulations.
It is likewise strictly forbidden to monetize, sell, or grant all or part of the access to the Site and/or the Application, as well as to the information they contain.
In the event of a breach of any of the provisions of this article or, more generally, of violations of laws and regulations, the Seller reserves the right to take any measures it deems appropriate (in particular aimed at preventing access to the Site by the User concerned), to seek damages and to initiate any legal action.
The information provided on the Site and the Application may be modified or updated without notice.
ARTICLE 7 – HYPERTEXT LINKS
The Site and the Application may include links to other websites or other internet sources.
To the extent that the Seller cannot control these sites and external sources, the Seller cannot be held responsible for the provision of these sites and external sources, and cannot bear any liability regarding the content, advertisements, products, services, or any other information or data available on or from these sites or external sources. Furthermore, the Seller cannot be held responsible for any proven or alleged damage or loss consecutive to or in connection with the use of or the reliance on the content, goods, or services available on these sites or external sources.
Any creation of links to the Site and/or the Application, any framing of the Site and/or the Application, and more generally any use of any element comprising the Site and/or the Application, is subject to the prior, express, and written authorization of the Seller. The Seller reserves the right to (i) request the removal of any link to the Site and the Application that has not been, or is no longer, authorized, and (ii) claim damages to compensate for the harm suffered as a result thereof.
The Seller is not responsible for transactions between the User and any advertiser to whom the User is directed via the Site and the Application and cannot under any circumstances be a party to any potential dispute in this regard.
ARTICLE 8 – INTELLECTUAL PROPERTY AND PERSONAL DATA PROTECTION
8.1 The User undertakes not to infringe upon the intellectual property rights of the Seller.
The structure of the Application and the Website, as well as the texts, graphics, images, photographs, sounds, videos, computer applications, and databases that make up the same, as well as the trademarks and other intellectual property rights relating to the Services presented, sold, and promoted by the Seller (hereinafter referred to collectively as «the Protected Elements»), are the exclusive property of the Seller and are protected as such by applicable intellectual property laws. In particular, the logo «» is protected as a trademark.
The application available for accessing the Services was created by Mr. Hicham OUSSENI, Mr. Anfane HAMADI, and Mr. Anthony BOURQUIN (IDesign).
The dietitians who designed the recipes available as part of the Services are Ms. Zoe Desbouis, Mr. Abderrahmane Diop, and Ms. Pagliardini Andréa.
The photographs and videos of the application available for access to the Services were produced by the Kunto team, the company Le Petit Galopin.
Any representation, reproduction, adaptation, or partial or total exploitation of the Protected Elements, by any means whatsoever, without the prior, express, and written authorization of the Seller, is strictly prohibited and may constitute an infringement within the meaning of the provisions of the Intellectual Property Code.
Access to and use of the Application and the Site do not constitute recognition of a right and, generally speaking, do not confer any intellectual property rights relating to the Protected Elements, which remain the exclusive property of the Seller.
The User is prohibited from entering data on the Application and/or the Site that would modify or be likely to modify their content or appearance.
8.2. The Seller has a Privacy Policy which the User is expressly invited to read: https://kunto.fr/privacy.
ARTICLE 9 – LANGUAGE
In the event that the Terms of Service are translated into one or more languages, the French language shall be the language of interpretation in the event of any contradiction or dispute regarding the meaning of a term or provision.
ARTICLE 10 – MEDIATION
If the User is a consumer, they have the right to use a consumer mediator free of charge for the amicable resolution of any dispute concerning the performance of these terms that may arise between them and the Seller.
For this purpose, he may contact the following consumer mediator:
Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) 14 rue Saint Jean – 75017 Paris
Phone: 01 89 47 00 14
Website: https://cm2c.net/; https://cm2c.net/comment-nous-saisir.php
Email address: cm2c@cm2c.net
The User, if they are a consumer and wish to resort to mediation, must prove that they have previously attempted to resolve their dispute directly with the Seller through a written complaint in accordance with the procedures set out in Article 3 of the GTC.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
The Terms of Use are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of the ToS, and failing an amicable resolution, or recourse to mediation, or in the event of failure of the mediation, the dispute shall be submitted to the French courts, barring contrary legal provisions referring to the mandatory jurisdiction of a foreign court. The User may bring the matter before either one of the courts territorially competent under the Code of Civil Procedure, or the court of the place where they resided at the time of the conclusion of the ToS or the occurrence of the harmful event.
ARTICLE 12 – GENERAL PROVISIONS
If one or more stipulations of the Terms of Use are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations shall remain in full force and effect.
The failure of either Party to assert against the other Party a breach of any of the obligations referred to within the Terms of Use shall not be interpreted for the future as a waiver of the obligation in question.
