Terms and Conditions of Use.

These terms and conditions of use (hereinafter referred to as the 'Terms of Use') govern the conditions of access and use of the services offered by MASIK И SOSKA on the website https://www.masik-soska.com (hereinafter referred to as the 'Website'). These Terms constitute a legally binding contract between you, hereinafter referred to as 'User(s)', 'you', or 'your', and MASIK И SOSKA ('We' or 'MASIK N SOSKA'), whose registered office is located at 23 rue Émile Zola, 77124 Crégy-lès-Meaux. By accessing and/or using the Website, the User confirms having read and understood these General Terms and expressly agrees to be legally bound by them.

Preamble

The website is a platform dedicated to dining, showcasing the activities of MASIK И SOSKA and offering a personalized culinary experience through the integration of the MASIK.OS technology module. The website is thus linked to the operation of the establishment(s) under the MASIK И SOSKA brand operated by us.

The website may also offer information and communication services, such as newsletter subscriptions, with data management details specified in the Privacy Policy.

Access to and use of the website are governed by these Terms of Use.

By browsing the website and using its features, the User acknowledges having read the Privacy Policy, which, along with these Terms of Use, constitutes the contractual framework to which they agree to be bound.

MASIK И SOSKA may modify or update all or part of these Terms of Use at any time. Any modification or update becomes effective and binding on Users upon its publication on the site.

It is therefore the User's responsibility to regularly review these terms to stay informed of the most recent version.

Article 1 – Menu consultation

The Website allows the User to view the dining offerings of the MASIK И SOSKA brand (hereinafter referred to as the 'Menu').

It is specified that the Website and the MASIK.OS module do not allow table reservations within the establishments operated under the MASIK И SOSKA brand, nor the scheduling of takeout or home delivery orders. The Website is solely intended to allow the consultation of the Menu and, if applicable, the transmission of a Digital Order for immediate on-site consumption.

Each establishment operated under the MASIK И SOSKA brand remains free to define its own commercial policy regarding reservations, takeout, or delivery, particularly through third-party platforms. We do not guarantee the availability of such services and cannot be held responsible for the conditions, terms, or proper execution of services potentially offered by these platforms or the concerned establishments.

1. Access to the Menu

Access to the Menu is primarily achieved by scanning a QR code available on tables or supports within the establishment(s) operated under the MASIK И SOSKA brand.

The Menu may also, depending on the establishments, be viewed through other means such as tablets, ordering kiosks, or paper formats. This list is not exhaustive. The User acknowledges that these means may vary depending on the establishments operated under the MASIK И SOSKA brand.

The use of the Website to view the Menu is optional and does not condition the ability to order within the restaurant.

2. Information provided via the Menu accessible on the Website

The information mentioned in the Menu regarding dishes, ingredients, prices, and availability is provided for informational purposes and may change.

MASIK И SOSKA reserves the right to modify, update, or withdraw all or part of the Menu at any time without notice. The User is invited to verify the actual availability of the products/dishes offered by the visited establishment and their composition directly with the MASIK И SOSKA staff before placing an order.

Although the nutritional data indicated in the Menu is established with the support of a qualified dietitian, it is communicated for informational purposes and does not constitute a medical device or a regulated nutritional advice tool.

Consequently, MASIK И SOSKA disclaims any responsibility for the interpretation or use of this data by the User.

The User acknowledges and agrees that the information in the Menu is provided for informational purposes only. As a result, they waive any claim, action, or recourse against Us based on the interpretation, use, or reliance on the information regarding dishes, ingredients, nutritional values, prices, or availability mentioned in the Menu, except in cases of gross negligence or breach of applicable legal obligations.

Article 2 – Menu personalization via MASIK.OS

2.1 Use of MASIK.OS

The Site integrates the proprietary MASIK.OS technology module, which serves as a tool to personalize the culinary experience within the customer journey at the establishment operated under the MASIK N SOSKA brand. Activation and/or use of MASIK.OS are entirely optional.

The User retains the ability to view the entire Menu without using the personalization features.

No additional fees are charged to the User for using the Menu personalization system via MASIK.OS.

2.2 Functioning of MASIK.OS

The operation of MASIK.OS through the website relies solely on the information voluntarily provided by the User, including:

- Declared dietary preferences;

- The User's general goals (energy, balance, mood...);

- Declared dietary exclusions.

It is expressly stated that the MASIK.OS module is not a medical device, a regulated nutritional advice tool, and does not provide any medical recommendations or promises of performance or results.

Menu suggestions generated through the use of MASIK.OS are provided for informational purposes only. The User acknowledges that these suggestions do not replace professional medical advice.

When the User accesses the MASIK.OS module using their own device (such as a smartphone or tablet) by scanning the QR code available in the establishment, the User remains solely responsible for the proper functioning of their equipment, internet connection, and the technical compatibility of their device.

We cannot be held responsible for any malfunction, inability to access, or degradation of the user experience resulting from, among other things, a lack of update of the operating system of the device used, a browser configuration issue, a network connectivity problem, or more generally any malfunction specific to the User's device.

2.3 License of Use

We grant the User a personal, non-exclusive, non-transferable, and free right to use the Site and the MASIK.OS module exclusively within the framework of the dining services offered by the establishments operated under the MASIK И SOSKA brand and registered trademark.

This right is limited to viewing the Menu, the Digital Order (if applicable and usable depending on the establishment) as defined in Article 3, and using the personalization features within the context of a dining experience at MASIK И SOSKA establishments.

Any other use of the Site or the MASIK.OS technology is strictly prohibited.

Article 3 – Digital order

In addition to viewing the Menu through a QR code used with their own device or interfaces (tablets or kiosks available in the establishment), the User can add products from the Menu to a digital selection via the Website and transmit this selection directly to the MASIK N SOSKA teams through the Website interface for kitchen preparation (hereinafter referred to as the 'Digital Order').

The User understands that no Digital Order is possible through the use of MASIK.OS.

3.1 Validation and Modification

Any order sent via the Website, by their own device or by the devices made available to the User in the establishment, is considered a firm purchase intention for immediate on-site consumption. The User is solely responsible for the accuracy of their selection (including but not limited to quantities, choice of options, dietary exclusions provided, etc.).

Due to the immediate preparation of dishes in the kitchen, no modification or cancellation can be digitally processed once the order is validated by the User.

Any request to modify the order must be reported as soon as possible to the dining staff. However, the User acknowledges that, given the immediate start of dish preparation in the kitchen after order validation, these requests can only be considered on a purely optional basis and only to the extent that the preparation progress allows.

We and our staff are under no obligation to make the requested modification nor bear any responsibility in case of inability to modify.

3.2 Confirmation of the Digital Order

We strive to ensure the real-time availability of products displayed on the Website. However, the digital order only becomes final after receipt and tacit or express validation by the establishment's staff.

We reserve the right not to fulfill an order in case of product unavailability, a manifest error in the displayed price, or behavior suggesting abusive or fraudulent use of the system.

In such a case, we will inform the User as soon as possible directly in the establishment and will endeavor, when possible, to offer an alternative solution or an adjustment to the order, without this engaging our responsibility beyond this information and proposal.

3.3 Payment of the Digital Order

The order placed via the Website does not result in any online payment. Payment for all ordered products is made physically within the restaurant, at the time of billing, according to the payment methods accepted by the establishment (including payment by credit card, cash, or digital payment). All payment methods accepted by the visited establishment will be displayed in the establishment and thus brought to the User's attention.

By validating their order via the Website (by their device or the devices provided by the establishment), the User acknowledges committing to pay for all ordered products during checkout, in accordance with the payment terms applicable within the establishment.

Article 4 – Content ownership

4.1 Content Ownership

All elements of the Website, whether visual or auditory (including the proposed playlists), including the underlying technology such as MASIK.OS, texts, layout, project descriptions, graphics, logos, menus, culinary concepts, and trademarks, are protected by copyright and intellectual property laws (hereinafter referred to as the 'Content').

These elements are the exclusive property of Us and/or our partners who have authorized their use.

Any reproduction, representation, modification, or adaptation of all or part of the Content, on any medium, for purposes other than personal and private use, is strictly prohibited without our prior written consent.

Any unauthorized use of the Content and/or elements of the Website will be considered an infringement and may lead to legal proceedings in accordance with intellectual property law provisions.

4.2 Prohibition of 'web scraping' and AI training

The User is strictly prohibited from using automated systems to access, monitor, or copy any part of the Website, the MASIK.OS module, and/or their Content.

Furthermore, the use of the Website's Content for the purpose of training, developing, or testing machine learning models or artificial intelligence is strictly prohibited.

Article 5 - Data protection and privacy

Protecting the personal data of Users is a priority for Us.

Any collection and processing of personal data carried out in connection with the use of the Website and/or MASIK.OS are governed by the Privacy Policy, which constitutes a separate and binding document.

The Privacy Policy notably describes:

  • the categories of personal data collected,
  • the purposes and legal bases of the processing,
  • the data retention periods,
  • the recipients of the data,
  • the rights of Users under applicable data protection laws, including the General Data Protection Regulation (GDPR).

By accepting these Terms or using the Website, the User acknowledges having read and understood the Privacy Policy and agrees that their personal data will be processed in accordance with its provisions.

The Privacy Policy is accessible at any time at the following address: [ to be completed ].

It is specified that the Website and the MASIK.OS module do not allow the creation of user accounts. Consequently, no permanent order, preference, or cart saving feature is offered. The User is informed that any information entered during a session is not intended to be retained beyond that session.

Therefore, upon leaving the Website or interrupting their navigation, certain information or selections made may be lost and will need to be re-entered during a subsequent use. It is also specified that orders placed during a visit to the restaurant cannot be recorded or reused during a later visit, as no personal data storage is carried out beyond what is strictly necessary for the immediate functioning of the service, in accordance with the provisions of the Privacy Policy.

Article 6 - Disclaimer and limitation of disability

6.1 Disclaimer and Limitation of Liability of MASIK И SOSKA

While We make reasonable efforts to ensure that the Website and the MASIK.OS module (whose use is optional) remain accessible and operational, We do not guarantee uninterrupted availability, continuous access, or error-free operation.

Access to the Website may be temporarily suspended, limited, or disrupted for reasons of technical maintenance, updates, system upgrades, network failures, acts or omissions of third-party service providers, or any other circumstances beyond our reasonable control.

6.2 Links to Third-Party Sites

The Website may contain links to third-party websites that We do not own or control. MASIK И SOSKA provides these links for your convenience but does not review, approve, monitor, endorse, guarantee, or assume responsibility for the content, privacy policies, or practices of third-party sites or services.

You access all third-party sites at your own risk. When you leave the Website, our terms and policies no longer govern your activities on these other sites.

Article 7 - General provisions

If any provision of the Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in effect.

The fact that MASIK И SOSKA does not enforce a provision of these Terms shall not be interpreted as a waiver of that provision or the right to enforce it later.

These Terms of Use, along with all documents expressly incorporated by reference (including the Privacy Policy), constitute the entire agreement between the User and MASIK И SOSKA regarding the use of the Website and replace any prior agreement or understanding in this regard.

MASIK И SOSKA may assign or transfer these Terms of Use, in whole or in part, to any affiliated entity or in the context of a merger, acquisition, or asset transfer, without the prior consent of the User.

MASIK И SOSKA cannot be held responsible for any failure or delay in the performance of its obligations under these terms resulting from events beyond its reasonable control, including, but not limited to, technical failures, network outages, acts of authorities, or force majeure events.

No provision of these Terms of Use limits or excludes the mandatory rights granted to consumers under applicable law.

Article 8 - Applicable law and juridisction

These Terms are governed by French law, without regard to conflict of law principles.

Jurisdiction for any contractual or non-contractual dispute related to these Terms is assigned to the competent courts located in France.

If the User is a consumer habitually residing in the European Union or the United Kingdom, no provision of this clause can deprive them of the right to benefit from the mandatory consumer protection laws of their country of residence and/or to bring an action before the courts of their country of residence when this right is granted by a mandatory law.

Article 9 - Contact Information

The website is owned and operated by the company MASIK И SOSKA (We).

You can contact us regarding these Terms by writing to us or sending an email to the following address: masik.soska@gmail.com

Or by postal mail at the following address: 23 rue Émile Zola, 77124 Crégy-lès-Meaux.