The OUT application (hereinafter referred to as “APPLICATION”) is the exclusive property of the company OUT (hereinafter referred to as “OUT”), a simplified joint stock company with capital of 1,510.03 Euros registered in the Trade and Companies Register of LILLE METROPOLE under number 894.596.071, whose head office is 5 ter Rue Clémenceau 59273 FRETIN.
For the application of these GENERAL CONDITIONS OF USE (hereinafter referred to as “CGU”), the following terms, whether used in the singular or plural, always have the following definition:
APPLICATION: designates the software application for connecting users, ordering and paying for drinks from the BAR, developed and published by OUT, made available to OUTERS via a mobile application (under iOS and Android);
BAR: service provider independent of the APPLICATION, professional natural or legal person, using the APPLICATION to consult and respond to ORDERS from OUTERS.
ORDER: any order placed by an OUTER with a BAR via the APPLICATION.
ACCOUNT: space dedicated to OUTER which he can access on the APPLICATION using his email address and password and from which OUTER can configure his PROFILE.
CONTENT: content of any nature that the OUTER broadcasts via the APPLICATION on its PROFILE (in particular editorial, graphics, photographic videos or others, including the name and/or image possibly chosen by the OUTER to identify itself on the APPLICATION.
OUTER: any natural person, of legal age, registered on the APPLICATION and using it for strictly personal purposes.
PROFILE: all information relating to an OUTER accessible to other OUTERS via the APPLICATION.
SERVICES: designates the services for connecting users, ORDERING and paying for consumption as detailed herein;
The purpose of these T&Cs is to describe the conditions under which OUT makes the APPLICATION available to OUTERS for:
OUT is a third party to any agreement that may be entered into between OUTERS and BARS; OUT providing, via the APPLICATION, only the means to get in touch and possibly for OUTERS to place ORDERS with BARS. Consequently, OUT does not guarantee either the execution or the quality of the result of the ORDER placed at the BAR via the APPLICATION. The role of OUT is strictly limited to connecting OUTERS and BARS, via the APPLICATION.
The T&Cs constitute a contract binding OUTER and OUT. To register, OUTER must be of legal age.
Access to the APPLICATION is subject to the express and unreserved acceptance of the T&Cs by OUTER.
Failure to accept the T&Cs implies the impossibility for OUTER to access the APPLICATION and use
the SERVICES.
Acceptance of the T&Cs takes place when creating your ACCOUNT by OUTER. OUTER is invited to read
the T&Cs and then accept them. In doing so, OUTER acknowledges having read the T&Cs, having understood
them, and fully accepting all of their stipulations, without restriction or reservation, as well
as those which would be present in any document available on the APPLICATION, integrated by reference
to the CGU. All of these rules govern the relationship of OUTER with OUT.
OUT reserves the right to modify the T&Cs, in whole or in part, according to the technical evolution
of the APPLICATION, its SERVICE offers, or due to changes in legislation, at its sole discretion
and without notice. . OUTER will then be informed of the update of the T&Cs, the new version of
which will be communicated to it by email or will be brought to its attention by the APPLICATION
during its next connection, and which will be applicable immediately. Access and use of the
APPLICATION will be subject to the T&Cs in force at the time of this access and use.
Generally speaking, it is OUTER's responsibility to consult the T&Cs accessible from its ACCOUNT
as often as necessary.
In the event that one of the clauses of the T&Cs is void due to a change in legislation or regulations
or declared as such by a final court decision, this cannot in any way affect the validity and respect
of the others. clauses of the T&Cs.
5.1. Conditions of Access to the APPLICATION
The OUTERS are responsible for setting up the material resources, particularly IT and telecommunications,
allowing access to and use of the APPLICATION.
THE APPLICATION can be downloaded or accessed on most modern mobile devices with an internet connection
and equipped with popular operating systems such as Android or iOS. OUTER is responsible for obtaining
network access necessary to use the APPLICATION. All rates and costs of the mobile network provider
are your responsibility, including for data relating to the use of the APPLICATION and OUTER. It is
also responsible for accessing compatible devices and operating systems necessary to use the functions
of the APPLICATION, including software or hardware updates.
5.2. Creating an ACCOUNT
Access to the APPLICATION requires the creation of an ACCOUNT. To do this, the OUTER must have a
valid email address and be of legal age.
OUTER can create an ACCOUNT by clicking on the dedicated tab when using the APPLICATION for the first time,
by completing the form provided for this purpose including mandatory fields (First name, Last name,
nickname, email, date of birth).
At this stage, the OUTER is invited to read the T&Cs then, if he accepts them, to click on “I accept”
to finalize the creation of his ACCOUNT in accordance with article 2.
Once the T&Cs have been accepted, OUTER can connect to their ACCOUNT by entering their username and password.
OUTER agrees to provide and maintain information about it that is accurate, up-to-date and complete. OUT cannot
be held responsible under any circumstances in the event of delay or inability to access the APPLICATION
due to incorrect or incomplete information in the entry of information and Personal Data concerning OUTER
during its ACCOUNT creation request. As such, OUTER can modify its information and password at any time
directly from its ACCOUNT.
The OUTER login credentials (username and password) are personal and confidential. OUTER must keep its
connection credentials secure and undertakes not to disclose them to third parties for any reason, in
any manner and in any form whatsoever.
In the event of loss, forgetfulness or theft of its authentication elements, OUTER must modify its
password as quickly as possible, either by following the appropriate procedure accessible on its ACCOUNT,
or by clicking on the “Password” button. forgotten password” located under the login credentials entry form.
OUTER is then prompted to create a new password.
Under no circumstances can OUT be held responsible for the loss, theft or forgetting of OUTER authentication
elements or their fraudulent use. OUTER is solely responsible for access and use of the APPLICATION with its
authentication elements.
6.1. Obligations
Without prejudice to the other obligations provided for herein, OUTER undertakes to respect the following
obligations.
OUTER undertakes, in its use of the APPLICATION, to respect the laws and regulations in force and not to infringe
the rights of third parties or public order. He is solely responsible for the proper completion of all formalities.
OUT cannot be held liable in this respect under any circumstances. OUT reserves the right to request from OUTER,
during its use of the services, any additional documents and information that it deems useful, in particular
for the purposes of verifying its identity. OUTER must send OUT the requested documents and information
as soon as possible. OUT reserves the right to suspend access to the APPLICATION of any OUTER who has not
provided the requested supporting documents.
OUTER is solely responsible for its use of the APPLICATION, in particular for the relationships it may establish
with other OUTERS and BARS and for the information it communicates to them in the context of this same use.
It is up to him to exercise appropriate caution and discernment in these relationships and communications.
He further undertakes, in his exchanges with other OUTERS, to respect the usual rules of politeness and courtesy.
OUTER is solely responsible for its use of the functionalities of the APPLICATION, in particular for the CONTENT
that it may publish or communicate via the APPLICATION. It guarantees to OUT that it has all the rights and
authorizations necessary for the dissemination of these CONTENT. It undertakes to ensure that said CONTENT is
lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any
legislative or regulatory provision and more generally, is in no way likely to jeopardize game the civil or
criminal liability of OUT. It is therefore prohibited from disseminating, in particular and without this list
being exhaustive:
6.2. Alcoholic beverages
In accordance with articles L.3342-1 et seq. of the Public Health Code, the sale of alcoholic beverages to minors
is prohibited. Please note that alcohol abuse is dangerous for your health and that alcohol should be consumed
in moderation.
Any ORDER placed on behalf of an OUTER not meeting the legal conditions, or in its name, and containing one or
more alcoholic beverages will be refused. It is up to OUTER to respect the applicable provisions in this matter
and, where applicable, their violation engages its liability.
It is also recalled that, in accordance with the provisions of article L3342-1 of the Public Health Code, the
BAR which delivers the alcoholic beverage may require the OUTER which placed the ORDER to establish proof of
its majority as well as that of the consumer of said drink.
By simply placing an ORDER via the APPLICATION, OUTER expressly waives the benefit of article 1587 of the Civil
Code, which provides that the conclusion of the sale of wine only becomes final after tasting and approval of
the wine. 'Buyer.
6.3. Services made available
a. Creation of the PROFILE and connection between OUTERS
The OUTER can consult the PROFILES of other OUTERS. The OUTER can become “buddies” with other OUTERS in order
to interact with them and build their community.
From its PROFILE the OUTER can:
b. ORDER
OUTER can consult the PROFILE of each BAR registered on the APPLICATION in order to place an ORDER.
Please note that OUTER has the free choice between the different BARS offers and that the final choice is up to it.
OUT points out that it is not a party to the ORDER concluded between OUTER and the BAR, which is independent.
Unless it is proven that a fault is directly attributable to it, OUT's liability can never be sought under
the T&Cs accepted by OUTER and the execution of the ORDER, particularly in the event of non-performance,
total or partial, of the ORDER.
It is up to the BAR to execute the ORDER in accordance with the conditions and terms communicated via the
APPLICATION, in particular the drinks menu and prices.
Under the conditions and limits set by law, the BAR is free to decide to accept or reject an ORDER.
Any ORDER placed through the APPLICATION and validated by OUTER is final and cannot be canceled and/or
refunded for any reason whatsoever.
c. Payment of ORDER
Payment of the ORDER occurs through either the expenditure of credits collected by OUTER under the conditions of
d. below, either by credit card, Apple Pay or Google Pay via the APPLICATION.
Carte Bleue, Visa and Mastercard are accepted. Systematic authorization cards such as Electron or Maestro,
e-cards, Indigo and American Express cards are not accepted. Payment by Apple Pay and Google Pay are accepted
as long as the user has the service activated on their device.
The OUTER will be redirected to the personalized payment page of OUT, on the website of its partner payment
provider, STRIPE. The banking data entered by OUTER on this page is encrypted. They are collected and processed
only by the payment provider, in compliance with the Regulations applicable to the protection of personal data.
Payment will be made in accordance with the general conditions applicable to the secure payment service of
the payment provider, accessible on its website.
In the event that the debit of the price proves impossible, the order initiated by OUTER will be canceled.
d. Credits
OUT may randomly offer cash-back in the form of credit.
A credit is equivalent to 1€ of consumption for OUTER in the BAR of your choice.
These credits can be used at any BAR referenced in the APPLICATION within 7 days
following the allocation of the credits.
7.1. Responsibility of OUT
OUT is not subject to any obligation of result, which OUTER expressly recognizes and accepts.
Its responsibility is exclusively limited to the provision of SERVICES via the APPLICATION according
to the terms described herein, to the exclusion of any other service.
OUT acts in its personal name and does not enter into any legal act in the name and on behalf of OUTERS,
who contract directly with each other. It is not a party to any ORDERS that may be placed by OUTERS to
BARS and cannot in any way be held liable for any difficulties that may arise during the conclusion or
execution of these same ORDERS, nor be a party to any possible disputes between OUTERS and BARS
concerning in particular the execution of an ORDER or any other guarantees, declarations or obligations
whatsoever to which they would be bound. OUT will therefore not be responsible for the quality and/or
quantity of products served by the BAR.
OUT does not verify the quality of the services of the BARS which are not tested in practice.
The verification levels that it may assign to a BAR PROFILE relate exclusively to its name, location
and contact details. OUT cannot therefore be held responsible for the lack of quality of BARS services.
OUT is not responsible for the use of the functions of the APPLICATION made by OUTER, nor for a possible bug or
possible momentary interruption of the APPLICATION linked in particular to maintenance work.
OUT declines all responsibility in the event of loss of information accessible in the profile space or posted
online by it, the OUTER having to ensure to save a copy of the information that it deems necessary and not
being able to claim any compensation in this capacity.
OUT undertakes to regularly carry out checks to verify the operation and accessibility of the APPLICATION.
As such, it reserves the right to temporarily interrupt access to the APPLICATION for maintenance reasons.
Likewise, OUT cannot be held responsible for momentary difficulties or impossibilities of access to the
APPLICATION which originate from circumstances external to it, force majeure, or which are due to disruptions
in telecommunications networks.
OUT cannot be held liable for indirect damage caused to an OUTER such as loss of profits, loss of earnings,
loss of customers, damage to brand image.
Furthermore, OUT cannot be held liable in the event of non-performance of all or part of its obligations due to
an event arising from fortuitous circumstances or force majeure as defined by French law and jurisprudence.
In this regard, the PARTIES expressly agree that events such as stopping the supply of energy, failure and/or
interruption of access to the internet network are also considered as fortuitous events or force majeure.
and/or mobile telephony, breakdown and/or sabotage of telecommunications means, acts of computer hacking,
fire, lightning, flood and other natural disaster, water damage, exceptional bad weather, damage, epidemic,
riot, war, civil war, insurrection, attack, explosion, act of vandalism, total or partial strike,
lockout outside OUT.
7.2. Responsibility of OUTER
OUTER is liable for damage of any nature, material or immaterial, caused to OUT or any third party,
due to the illicit use of the APPLICATION, whatever the cause of this damage.
OUTER guarantees OUT against all complaints, consequences, claims, actions and/or claims of any kind to
which OUT may be subject, in particular due to the violation, by OUTER, of any of the provisions of
these T&Cs. He undertakes to compensate OUT for any damage it may suffer and to pay it all costs,
charges and/or penalties that it may have to bear as a result, including its advisory costs.
In the event of a breach of any of the provisions of the T&Cs, or more generally, an infringement of laws and regulations by OUTER, OUT reserves the right to:
8.1. ACCOUNT suspension
OUT may suspend access to the ACCOUNT in the event of OUTER's failure to comply with one of its obligations
eferred to in the T&Cs, or if OUT has serious reasons to believe that this is necessary to protect its security
and integrity, those of its users or third parties or for fraud prevention or circumvention purposes.
If applicable, the ACCOUNT will be suspended until OUTER has remedied the breach concerned.
In the event that the nature of the breach is such that this contract binding OUTER and OUT cannot be continued,
OUT may terminate it unilaterally under the conditions of article 8.2.
Please note that the suspension of the ACCOUNT does not suspend the obligations of the PARTIES. OUTER
therefore remains required to fulfill the obligations incumbent on it under the terms of the T&Cs as well as the
obligations to which it would have undertaken under the terms of an ORDER or an interaction via the APPLICATION.
8.2. Termination of ACCOUNT
An OUTER can terminate their ACCOUNT at any time by clicking on the “delete my account” tab in their account settings.
For its part, OUT may, in the event of failure by an OUTER to fulfill its obligations under the T&Cs, send it,
by email, a formal notice to remedy the situation.
If after a period of FIFTEEN (15) days from the date of issue of this formal notice, OUTER has not
complied with its obligations, then OUT may automatically terminate the this contract by sending a second
email. In any case, OUT will transmit to OUTER the reasons for its suspension or termination decision by email
before the restriction takes effect or when it takes effect.
In the event of termination, this is transmitted at least THIRTY (30) days before it takes effect, unless this
deadline cannot be respected in the event of a legal, regulatory or mandatory obligation provided for by law.
national. The same applies in the event that the nature of the commitments not respected makes it impossible
to continue with this contract.
Please note that termination of this contract has no impact on the execution of ORDERS that may have been placed;
these must be executed under the conditions set between the users.
Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of OUT and/or third party licensors and may result in civil and criminal prosecution.
9.1. OUT Property Rights
OUTER acknowledges and accepts that all rights, title and interest relating to (i) the APPLICATION
(including its architecture, software and databases as well as its content provided by OUT), (ii) to the OUT's
know-how and working methods, and (iii) its distinctive signs (the “PROTECTED ELEMENTS”) are protected by
intellectual property rights (including in particular, all rights associated with works of the mind including
economic and moral copyright rights, all property rights relating to patents, trademarks, designs and models,
software, rights of database producers, domain names, as well as any other existing or future intellectual
property rights, in worldwide) and belong exclusively to OUT or to third parties having authorized OUT
to exploit them. The T&Cs do not confer on OUTER any right or interest in the PROTECTED ELEMENTS, but only
a limited right of access and use of the APPLICATION under the conditions defined below.
OUTER undertakes not to use the APPLICATION other than within the limits authorized by the T&Cs. OUTER
further undertakes not to perform one or more of the following acts, nor permit or authorize a third party to
perform one or more of the following acts: (i) decompile or disassemble the Protected Elements, carry out the
reverse engineer or otherwise attempt to obtain source codes, in whole or in part; (ii) create derivative works
from the Protected Elements, adapt, modify, translate, or make modifications in whole or in part, or allow an
association or incorporation of all or part of one or more of its elements to other works, including software;
(iii) rent, sublicense, sell, loan or transfer the APPLICATION to any third party or permit any third party to
access and use the Protected Materials, in whole or in part, without the prior written consent of OUT.
Any representation, reproduction and/or exploitation, total or partial, of the distinctive signs of OUT, of
any nature whatsoever, is totally prohibited, without prior, express and written authorization from OUT.
9.2. Property rights over CONTENT
The CONTENT integrated by OUTERS on the APPLICATION belongs to them.
OUTER grants OUT a right to use the CONTENT for the purposes of publishing the PROFILE in the APPLICATION and providing the SERVICES. OUTER guarantees OUT against any request, claim or action by third parties, for any cause and on any basis whatsoever, relating to the CONTENTS.
The USER undertakes to notify the COMPANY, prior to any referral to a mediator or a court, of any
dispute concerning the execution of an ORDER concluded via the APPLICATION.
The COMPANY provides OUTERS with an internal complaints processing system on the APPLICATION.
In the event of technical difficulties when using the APP, OUTER may contact OUT via the APP or by email at: contact@out-app.com.
OUT reserves the right to interrupt all or part of the service and/or the APPLICATION for maintenance reasons. If applicable, OUTER will be informed by an indication on the APPLICATION.
OUT is concerned about the protection of the personal data of OUTERS using the APPLICATION and undertakes to protect them in accordance with the applicable regulations and in particular Regulation (EU) n°2016/679 of April 27, 2016 known as “General Regulation on the Data Protection” or “GDPR” and law no. 78-17 of January 6, 1978 as amended, known as the “Informatique et Libertés Law” as amended. To find out more about the rules for protecting personal data, OUTER is invited to consult the OUT confidentiality policy, available at the following address: [privacy policy link].
French law will be the only one applicable to this contract concluded between an OUTER and OUT.
In the event that a dispute arises between the parties as a result of the execution or interpretation
hereof, the PARTIES agree prior to any legal action that any claim will be subject to prior notice by
registered mail. with request for acknowledgment of receipt. Each of the PARTIES may then, after a
period of TEN (10) days following the sending of the letter referred to in the preceding paragraph
which remains unanswered, initiate any useful procedure. The competent court will then be determined in
accordance with the rules of common law.
