General conditions of use and sale
These general conditions of use and sale (hereinafter “ General Conditions ”) have as their object the legal framework of the methods of provision of the website and of the TicknCook Web application (hereinafter “ Services ”) by SAS TicknCook, a simplified joint stock company registered with the Aix-en-Provence RCS under number 90476256400014, and whose head office is 115 rue Louis Armand, Aix-en-Provence (13290) (hereinafter “ TicknCook “) and to define the conditions of access and use of the Services by the user (hereinafter “ User ”).
By accessing the Site and the Services, the User accepts without condition or reservation all of the General Conditions defined below. Any visit and / or use of the Services must be done in compliance with these General Conditions. The User accepts that TicknCook can automatically update its Services and that the General Conditions will apply to all updates.
Article 1 – Definitions
The terms beginning with a capital letter within these General Conditions, whether they are used indifferently in the singular or in the plural, will have the meaning given to them here -after:
“ Application ” designates the web application “TicknCook », Accessible in SaaS mode, edited and provided by TicknCook, giving access to the Services. The application is available on the Site, and accessible on different terminals. The Application also includes the Content, software, programs, tools, databases, operating systems, documentation and all other elements and services that compose it, updates and new versions that may be made to the Application by TicknCook.
“ Content ” designates, without this list being limitative, the structure of the Site and the Application, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the company names, the audiovisual works, the multimedia works, visual content, audio and sound content, as well as any other content present within the Site and the Application.
“ Services ” designates the various free features and services and paid, developed and offered by TicknCook, accessible in SaaS mode.
“Site” designates the official website of the TicknCook Application accessible at the following address: https://tickncook.com/.
“User” or “You” means any person natural or legal, private or professional, private or public law who visits the Site or uses the Services for its own needs. If You are a person who uses our Services on behalf of an entity, you represent and affirm that you have the rights to bind that entity.
Article 2 – Purpose of the Services
TicknCook provides a Site as well as the Tickncook Application. For any question or request for information on the products presented on the Site or concerning the site itself, or for a report of illegal content or activities, the User can send an electronic message to the following address:
2.1 The Site
The Site allows the User to learn about the Application, to follow the news of the Application and the catering industry through the Blog section. The Site also allows the User to get in touch with TicknCook, through a contact form made available to him or through the instant chat Widget.
2.2 The Application
TicknCook is a Kitchen Display web application that digitizes fast food. The Application is designed to be easy to access and use, intuitive and compatible with many cash register software. This online software makes it possible to dematerialize tickets and is ideal for a delivery, click and collect service and on-site catering.
The Application includes the following Services:
- Kitchen screen : this feature allows the display of pending and pending orders, management of delays and automatic scheduling of tickets.
- Counter screen : this feature allows the tracking of orders, the addition of drinks / desserts as well as the display of the history.
- Statistics screen : this feature allows the display of delay statistics and the display of preparation times.
- Delivery screen : this feature allows the display of ready orders, delivery tracking as well as the display of history.
- Queue screen : This feature allows you to view take-out orders in preparation and view ready-to-go orders.
- Support : this feature allows you to activate the unlimited demo mode for testing and training and makes support available to you.
The Application is subject to change through updates which would result in a partial modification of its purpose.
The order information received and displayed by the various features of the Application comes exclusively from the account (s) of one of the third-party partner services that the User has associated with his Personal TicknCook Account (as defined in article 3.2). Access to the various functionalities and the proper functioning of the Application are therefore subject to the association of such an account. To link his Personal Account to that of one of the third-party partner services, the User must go to the “Third-Party Services ” screen of the Application, choose the service for which he wants to connect a account, and follow the instructions given to it.
The list of TicknCook partner services is defined as below:
- HubRise : HubRise is a middleware that connects third-party solutions. It provides a single interface to a large ecosystem of integrated applications including among others: point-of-sale ordering, online ordering, delivery management, delivery services, eMarketing, loyalty management, food ordering platforms, intelligence business, inventory management.
This list may be subject to change depending on the contractual relationship between TicknCook and its partners. TicknCook cannot be held responsible for any such modification.
Article 3 – Access and use of the Services
3.1 Access to the Site
The Site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the Site (computer hardware, software, Internet connection, etc.) are at their expense.
3.2 Access to the Application and Personal Account
Access to the Application is through a personal user account. To access the Services, any User must first register by creating a personal user account (hereinafter “ Personal Account “).
In order to create a Personal Account, the User must register by completing the registration form present at the launch of the Application, and provide the following information:
- About the User : first name, last name, email address, chosen password, phone number.
- About the User’s company : company name, restaurant address, postal code, city and country.
- On the User’s restaurant : name of the restaurant, number of restaurants and cash register software used.
The validation of the Personal Account is formalized by sending an email to the email address provided by the User in the registration form, and subject to the activation of the Account by the User via the link provided in the confirmation email. The creation of the Personal Account is effective as soon as it is activated by the User. TicknCook strongly recommends that the User keep or print this confirmation email.
If you forget your password, all you have to do is click on “forgot password” and the application sends the User’s e-mail address a link allowing it to be redefined. The provision of this data by the User and the validation of the Personal Account are essential to access the Application.
- The User undertakes to provide true, sincere, complete and always up-to-date information.
- The User undertakes to create only one Personal Account corresponding to his identity.
- The User remains solely responsible for any use that may be made of his username and password, and their confidentiality, as well as for any use of his Personal Account.
- The User undertakes to immediately inform TicknCook of any use or risk of fraudulent use of his Personal Account, and of any breach of the confidentiality and security of his identifiers. TicknCook can in no way be held responsible for the unauthorized use or the theft of User credentials.
- The User is solely responsible for the use and the consequences that would be generated by misuse of his Personal Account or the Application by himself or an unauthorized third party.
The User can close his Personal Account as of right through the “My account” section, by clicking on the “Delete my account” link. The deletion of the account can also be done by sending a message to the following address: .
Article 4 – Access and use of the “demo” account
4.1 Creating a Demo account
The creation of a Personal Account results in the automatic creation and free of charge of a demo account for the User (hereinafter “< b> Demo Account “). The Demo Account allows the User to discover the different functionalities offered by the Application.
4.2 How the Demo Account works
The Demo Account has two fictitious outlets each with a product catalog, one on the theme of a pizzeria and the other on the theme of a sushi restaurant. The Demo Account allows the User to simulate the arrival of orders from third-party services by creating orders himself. In this way, the User can test the different stages of preparing an order in Tickncook and thus discover the different functionalities of the Application.
The use of the Demo Account is strictly reserved for testing purposes, and must under no circumstances be used in a real situation.
Article 5 – Subscription
In order to benefit from all the Services offered by TicknCook within the Application, the User has the option of taking out one or more paid subscriptions (here -after the ” Subscription “). Each Subscription taken out by the User (hereinafter the ” Subscriber “) is attached to one of its points of sale .
The subscription by the User to a Subscription is subject to:
- The creation by the User of a Personal User Account
- Completing the billing information form
- Connection by the User to a HubRise account or one of the other third-party services partners at TicknCook
- The choice of a point of sale to link to the Subscription
- When informed by the User of a valid means of payment.
The Subscription is for a period of one month, renewable automatically. In the event of non-renewal, the Service will be suspended upon expiration. The Subscriber may, however, reactivate the Service within seven (7) days of expiration, by paying the amounts due to TicknCook. If no actual payment is made within this period, TicknCook will suspend all access to the Application by the Subscriber.
The current Subscription prices are available for consultation online on the TicknCook site, and on request from TicknCook, at the address . Prices are inclusive of all taxes for invoicing in France or Monaco unless otherwise indicated and are payable in euros from euro area countries and in dollars for the rest of the world.
TicknCook reserves the right to modify its prices at any time, subject to informing the Subscriber by email one month in advance. Failing termination within one month, the Subscriber will be deemed to have accepted the new rates. The price changes will apply to all contracts and in particular to those in progress.
The price of the Subscription is payable monthly. Payment will be made, eventually (payment in advance), during the Subscription and then each month, by direct debit until termination of the Subscription, whether the termination is at the initiative of the User or to that of TicknCook.
In order to optimize the security of transactions, TicknCook has joined up with a certified and specialized payment platform. The guarantees granted by TicknCook for the security of transactions are identical to those obtained respectively by TicknCook from this payment system publisher.
In the absence of contrary elements provided by the Subscriber, the computerized registers, kept in the computer systems of TicknCook and its partners under reasonable security conditions, will be considered as proof of communications, orders, validations and payments. between the Subscriber and TicknCook. This information will be taken as evidence, unless the Subscriber provides written proof to the contrary.
5.3 Renewal of the Subscription
The Subscription renews automatically at the start of each subscription period until terminated. The Subscriber also has the option of terminating his Subscription at any time. In the event of termination during the trial period (defined in Article 5.6), in the event that it is offered by the Site, no direct debit will be made. If the User wishes to benefit from a trial period again at the same point of sale, the days already used in the trial period will be counted.
If the Subscriber wishes to terminate his subscription before the renewal date, he will continue to benefit from access to the Service offered by the Site until the end of the current billing period. No refund will be granted for periods of partial use of the Service, unless the termination of the Subscription before the expiry of a subscription period already paid for has been carried out unilaterally by TicknCook. the Subscriber may choose to reactivate his account after termination if he wishes.
The Subscription is tacitly renewed from month to month, unless terminated by the Subscriber within a minimum of twenty-four (24) hours before the expiration of the Subscription period.
Any non-payment or irregular payment, that is to say, in particular, of an incorrect or incomplete amount, or not including the required references, or carried out by a means or a procedure not accepted by TicknCook, will be simply ignored and will cause TicknCook to reject the registration or renewal application.
TicknCook cannot be held liable in the event of non-renewal of a service following a payment not honored or not regularized by the User.
5.4 Termination, limitation and suspension of service
The contract is automatically terminated when it expires. It can be renewed upon payment by the User of the corresponding price, under the conditions provided for in Article 5.2. For termination before the contract expires, the Subscriber is free to terminate the contract by email (), and the User may not claim reimbursement by TicknCook of sums already paid.
In all other cases of failure by one of the parties to one or the other of its obligations under the Contract not repaired within a period of seven (7) days from either an email sent by the complaining party notifying the breaches in question, or any other form of authentic notification sent by the said party, the contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting party. The date of notification of the letter containing the deficiencies in question will be the date of the postmark, when the letter is first presented.
If necessary, TicknCook reserves the right to interrupt the service to carry out a technical intervention, in order to improve its operation or for any maintenance operation.
5.5 Right of withdrawal
In accordance with Article L121-20-2 of the Consumer Code, the User expressly acknowledges that the contract begins upon validation of any order and / or subscription.
As such, the right of withdrawal is inapplicable to the services ordered on the Tickncook application insofar as the execution of the provision of the services delivered on it begins as soon as the order is placed.
5.6 Trial period
TicknCook may temporarily make available to the User a free trial period for paid services, for a period limited to fifteen (15) days from the creation by the Subscriber in his Personal Account of a point sales from a third-party service partner.
At the end of this trial period, the User has the option of taking out a Subscription in order to maintain his access to paid services, failing which, access to the functionalities of the Application will be suspended. The User can benefit from this free trial period only when it is offered by TicknCook. TicknCook reserves the right to make available to Users a free trial period or not. The availability of such an offer is specified on the Site.
Article 6 – Intellectual property
TicknCook is the exclusive owner of all intellectual property rights relating to the Application, its Content and the Site, subject to the rights of the companies licensed by TicknCook.
Without prejudice to the provisions of article 7, none of the provisions of these General Conditions can be interpreted as an assignment, a transfer, a sale, a concession, a license, a loan, a rental, an authorization of exploitation granted directly or indirectly by TicknCook for the benefit of the User on the Application, its Content and / or the Services.
Any representation, reproduction, adaptation or partial or total exploitation of the Content, trademarks and Services offered by TicknCook by any means whatsoever, without the prior, express and written authorization of TicknCook is strictly prohibited and may constitute a counterfeiting within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code.
The User is prohibited from entering data on the Site or the Application that could alter its content or appearance.
Article 7 – User license
TicknCook grants the User a personal right to use the Application, the Content and the Services, which is non-exclusive, revocable, non-assignable, non-transferable and worldwide, only for his own needs within the framework of the use of the Application and the Services, to the exclusion of any other purpose.
The User is strictly prohibited from accessing and / or using the source codes of the Application and / or the software components of the Application.
The User does not acquire any intellectual property rights over the Application, the Content and / or the Services or any other right other than those conferred herein.
This license does not confer any right of use to the User on the Content. The User therefore refrains from reproducing, representing, adapting and / or exploiting either Content.
The User expressly agrees that the use of the Application does not in any way infringe the rights of TicknCook, and in particular that this use does not constitute an act of infringement, unfair competition or parasitic Content.
Article 8 – Obligations of the User
The User undertakes in particular to:
- Use the Services only for your own benefit and comply with the General Conditions.
- Behave responsibly and in particular, not sell, resell, grant access or sub-access, distribute, make available, rent or lease all or part of the Services.
- Comply with all applicable legal and regulatory requirements, including the rights of third parties.
- Not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or “Reverse Engineering”) of all or part of the Application, Services and / or Content;
- Do not make short quotations, analyzes and reproductions intended for press reviews as well as for other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to mention the names of the authors and the editorial source;
- Not to extract or reuse, including for private purposes, without the prior written authorization of TicknCook, a substantial part or not of the content of the databases and archives constituted by the Application;
- Do not use text, photographs or any other element likely to be covered by copyright, trademark law or human rights.
- Act in a manner consistent with the purpose of the Services; and refrains from disturbing the integrity, performance and more generally the qualities of the Services; As such, the User is particularly prohibited from downloading any element containing software viruses or other codes, files or computer programs designed to interrupt, destroy or limit the functionality of the Services, in whole or in part.
In the event that the User does not comply with all or part of the foregoing stipulations or if he uses the Services in a manner that does not comply with the General Conditions, and which, in TicknCook‘s opinion, constitutes a threat for the security, integrity, availability or quality of its Services may lead TicknCook, at its discretion, to immediately suspend the User’s Services.
Finally, the User guarantees that he holds all the rights and authorizations necessary to allow TicknCook to perform its obligations under this Agreement, in particular with regard to the Data.
Article 9 – Processing of personal data
By accepting these General Conditions, TicknCook and the User agree to comply respectively with the regulations relating to personal data and in particular with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and any applicable European regulation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (the “General Data Protection Regulation”) and all of the recommendations, deliberations and other standards enacted by the National Commission for Informatics and Liberties (the “Data Protection and Liberties Regulation”).
As part of the Services, TicknCook is required to collect, through forms, Personal Data concerning the User. If the User does not wish to communicate the information thus requested, TicknCook will not be able to perform the Services.
TicknCook undertakes to collect only the Personal Data strictly necessary for the performance of the Services and therefore of these General Conditions. The Personal Data collected is subject to computer processing intended for TicknCook, and is necessary for the registration, processing and monitoring of the Services. The Personal Data collected is processed in accordance with the Data Protection Act of January 6, 1978 and the General Data Protection Regulation 2016/679 of April 27, 2016, which entered into force on May 25, 2018.
9.1 Information collected, processing carried out, recipient and retention period
TicknCook collects data provided directly by the User. These data correspond to basic information relating to the User’s personal account. The information in the various fields when creating the personal user account is necessary to allow TicknCook to manage and administer personal files. If these fields are not filled in, no account creation can be validated.
The User also has the option of providing TicknCook with his email address in order to receive a periodic newsletter from TicknCook.
TicknCook also collects data automatically. This data corresponds to Users’ connection information, and information on the use of the Services. For example, TicknCook collects information relating to error reports, order processing, including preparation time and delay time.
All the User’s personal data are collected with their consent by TicknCook and are processed for the following purposes:
- The creation of a personal space;
- Commercial communication from TicknCook only;
- The proper functioning of the Application, for correction
- The creation of statistics accessible by the User in his personal space.
User data is hosted by Amazon Web Services, whose head office is located at 67 Boulevard du Général Leclerc in Clichy, France.
Data transmission to third parties
The recipient of the data collected is TicknCook. The data collected by TicknCook is not transmitted to any third party.
Person responsible for processing personal data
The processing is carried out under the responsibility of TicknCook, represented by Mrs. Karen Texier, acting as Chairman of TicknCook. The data controller can be contacted as set out below:
Data is collected throughout the contractual relationship between the User and TicknCook. The Personal Data collected is deleted after a period of three (3) years from the end of the commercial relationship.
At the expiration of the period stated above, the data is deleted. However, if data is processed for commercial prospecting purposes, after the expiration of the three-year period, it may be kept for a second period of three years if you agree to continue to receive commercial offers from TicknCook. If not or if there is no response from you, we will erase your data from our databases.
TicknCook may archive certain Personal Data to meet legal or regulatory obligations. This Personal Data is deleted when the reason justifying the retention is no longer necessary.
In order to preserve the confidentiality and security of your personal data and in particular to protect them against unlawful or accidental destruction, accidental loss or alteration, or even unauthorized disclosure or access, we take measures appropriate technical and organizational, in accordance with the applicable legal provisions. To this end, we have put in place technical and organizational measures.
All Personal Data is stored within the European Union. TicknCook will inform the User in the event of an incident involving Personal Data.
9.2 Right of access, rectification, opposition and withdrawal
You have the right to access data concerning you, to have them rectified or erased, to transfer them or have them transferred to a third party, to obtain restriction of processing or to oppose such processing. We will comply with your request subject to compliance with the legal obligations incumbent on us.
You have the right to withdraw your consent to the processing of data concerning you at any time. The withdrawal of your consent does not affect the lawfulness of the processing carried out before this withdrawal.
You can exercise these rights:
- By post to the following address: TicknCook, 115 rue Louis Armand, 13290 Aix-en-Provence, France.
- By email to the following address:
For the sake of confidentiality and the protection of your personal data, we must be able to verify your identity in order to respond to your request. For this, you must attach, in support of any request to exercise the rights mentioned above, a photocopy of an identity document mentioning your date and place of birth and bearing your signature, in accordance with the provisions of law n ° 78-17 of January 6, 1978 known as the “Data Protection Act”, of article 92 of the decree of October 20, 2005 adopted for the application of this law for nationals of France, and of the regulations European 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Finally, you have the right to lodge a complaint with the CNIL if you feel that your rights have not been respected. The contact details of the CNIL are as follows:
Commission Nationale de l’Informatique et des Libertés
3 Place de Fontenoy
75334 Paris Cedex 07
Tél. : +33 1 53 73 22 22
Article 10 – Availability of Services
TicknCook undertakes to make its best efforts to secure access, consultation and use of the Services of the Application and of the Site. The Application and the Site are accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of TicknCook, and subject to any breakdowns and maintenance interventions necessary for proper functioning. services. Maintenance interventions may be carried out without the Users having been previously notified.
Article 11 – Limitation of guarantee
TicknCook makes no warranty, whether express, implied, legal or otherwise, and excludes all implied warranties, including warranties of merchantability or of suitability of the Services for a specific purpose, within the limits permitted by applicable law. Without limiting the general nature of the provisions set out above, TicknCook does not represent or guarantee that the use of the Services will meet the specific needs of the User or that such use will be uninterrupted, diligent, secure or error-free. TicknCook makes its best efforts to put in place reasonable technical and organizational measures to secure the personal data processed in the Services, in accordance with the applicable law on the protection of personal data and more generally to enable the Services to secure the data they process.
The Services are used under the sole direction, control and responsibility of the User. Access and use of the Services are at the User’s own risk. TicknCook cannot be held responsible for indirect damages such as loss of customers or turnover.
The User declares to know and accept the characteristics and the limits of the Internet network and, in particular the functional characteristics and technical performances of the Internet network; problems related to connection and / or access to the Internet and / or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or piracy; the risks of contamination by any viruses circulating on said networks, etc. for which TicknCook cannot be held responsible.
TicknCook cannot be held responsible:
- In the event of defect, loss, delay or error in data transmission which is beyond its control;
- Sending messages and / or data to a false, erroneous or incomplete address;
- If data does not reach it, for whatever reason, or if the data it receives is unreadable or impossible to process;
- In the event that the User is unable to access or use the Site, Application and / or Services for any reason whatsoever;
- If, for whatever reason, the connection should be interrupted;
- In the event that the User experiences theft of their equipment while using the application.
- Defects in the User’s computer system;
- Abnormal or non-compliant use of the Services by the User, any fault, negligence, omission, failure or non-compliance with the advice given;
- Any use of the Services for illegal purposes;
- For any fault, negligence or omission of a third party over which TicknCook has no control or monitoring power, in particular the processing of orders made by our partners;
- The partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the User.
No liability shall be incurred by TicknCook in the event of non-performance, or delay in performance of any obligation resulting from the Contract, if this non-performance or delay results from a case of force majeure or any event beyond the control of TicknCook.
Finally, TicknCook declines all responsibility in the event of improper use of the terminal and / or an incident related to the use of the terminal while using the Application. TicknCook can in no way be held responsible for any damage of any kind whatsoever caused to Users, to their terminals, to their computer and telephone equipment and to the data stored there, nor for the consequences that may result therefrom on their activity. personal, professional or commercial.
Article 12 – Application of the General Conditions
The General Conditions are applicable to any User of the Application and the Services.
By using TicknCook Services, the User is invited to read carefully and on each visit the General Conditions which are accessible by hyperlink on the Site and are subject to change at any time, without notice, and at the TicknCook‘s sole discretion.
The Application may be updated regularly. In this regard, these General Conditions will apply to new versions of the Application.
Article 13 – Evolution of the General Conditions
The applicable General Conditions are those in force on the date of connection and use of the Application by the User.
TicknCook reserves the right to modify, at any time, all or part, of the provisions of the General Conditions unilaterally, without notice or prior information to Users in order to adapt them to changes in the Services, to technical, legal or other changes. case law or when setting up new services.
Any changes made by TicknCook to the General Conditions will be brought to the attention of Users simply by posting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting. TicknCook therefore invites all Users to regularly consult the General Conditions.
Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these General Conditions, unless expressly provided otherwise.
Article 14 – Advertising
Unless otherwise notified, the User authorizes TicknCook, on a non-exclusive and limited basis, to use its trade names, company names, brands, logos, domain names and other distinctive signs, registered or not, within all presentations, commercial documents, customer lists and financial reports produced by TicknCook or on its behalf.
Article 15 – Friendly settlement
In the event of a dispute, dispute or claim arising out of or relating to the Contract (and in particular any dispute concerning the validity, interpretation, breaches or breach of the Contract) (hereinafter the “ Dispute “), the Parties will attempt before submitting such a Dispute to the jurisdiction referred to in the” Applicable Law “article to find an amicable solution to their Dispute.
First of all, one of the Parties will send the other Party a request for a conciliation meeting by registered letter with acknowledgment of receipt (hereinafter the “ Notification of conciliation ”). If an agreement is reached within thirty (30) days of receipt of the Notice of conciliation, it must be formalized in writing and signed by the Parties. Such a written and signed agreement will be considered as an amendment to the Contract.
If an amicable solution has not been found within this period of thirty (30) days following receipt of the Notice of conciliation, the Parties shall recover their freedom of action.
Article 16 – Applicable law
These General Conditions are subject to French law.
In the event of a dispute related to the contract and in particular to its validity, execution or interpretation, the parties will endeavor to settle their dispute amicably under the conditions provided for in article 15. Failing agreement amicably within the time limit provided for in said article, express jurisdiction is attributed to the Paris Commercial Court (except for exclusive jurisdiction recognized in a different jurisdiction), notwithstanding multiple defendants or call in guarantee, even for emergency proceedings or protective proceedings in referred or by request.