Legal notice
Please read the terms of use of this website carefully before browsing its pages. By connecting to this website, you accept these terms without reservation. In accordance with article 6 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, the parties responsible for this website are:
Publisher
Mr Morgan De Polignac
On behalf of MODALMAS SARL, share capital €5,000.00
Lyon Trade and Companies Register 941 935 710
60 Rue Garibaldi,
69006 Lyon, France
Design and development
Mr Marius Chalumeau
On behalf of UInnov – www.uinnov.fr – Marius Chalumeau E.I.R.L.
SIREN 852 227 875
3665 Route d’Albertville,
74320 Sevrier, France
Hosting
Hostinger International Ltd
61 Lordou Vironos str.
6023 Larnaca, Cyprus
This website is governed by French and international copyright and intellectual property law. All reproduction rights are reserved.
Article 1 – Purpose
The purpose of these “terms of use” is to set out the legal framework governing how the website’s services are made available and how they are used by the “User”.
These terms of use must be accepted by any User wishing to access the website. They constitute the contract between the website and the User. Accessing the website means that the User accepts these terms of use.
Should the User not accept the terms of use set out in this contract, they must refrain from accessing the services offered by the website.
Morgan de Polignac reserves the right to amend the content of these terms of use unilaterally and at any time.
Article 2 – Definitions
The purpose of this clause is to define the key terms of the contract:
- User: any person who uses the Website or one of the services offered by the Website
- Website: the website "www.mofusan.fr" that you are currently browsing, together with its associated subdomains
Article 3 – Access to the services
The website gives the User free access to the following services:
- Consultation of information
The website is freely accessible anywhere to any User with an Internet connection. All costs incurred by the User in accessing the service (computer equipment, software, Internet connection, etc.) are borne by the User.
The website uses all means at its disposal to provide quality access to its services. This is an obligation of means, not of result: the website does not undertake to achieve that outcome.
Marius Chalumeau shall not be held liable for any event of force majeure resulting in a malfunction of the network or of the server.
Access to the website’s services may be interrupted, suspended or modified at any time and without notice, for maintenance or for any other reason. The User undertakes not to claim any compensation following such interruption, suspension or modification of this contract.
Article 4 – Intellectual property
This website www.mofusan.fr and all of its subdomains are the exclusive property of Marius Chalumeau.
Trademarks, logos, signs and all other content on the website are protected by the French Intellectual Property Code, and in particular by copyright.
The User must obtain the website’s prior authorisation for any reproduction, publication or copying of its content. The User undertakes to use the website’s content strictly for private purposes.
Any use of the content for commercial purposes is strictly prohibited.
Article 5 – Liability and force majeure
The sources of the information published on the website are deemed reliable. The information provided on the website is given for information purposes only. The User therefore assumes sole and full responsibility for the use of the information and content of this website.
Any use of the service by the User that directly or indirectly results in damage shall give rise to compensation for the benefit of the website.
The website may not be held liable in the event of force majeure or of an unforeseeable and insurmountable act of a third party.
Article 6 – Hypertext links
The website contains numerous outbound hypertext links; however, the web pages to which those links lead in no way engage the liability of Morgan de Polignac, who has no control over them.
The User therefore refrains from holding the website liable for the content and resources relating to these outbound hypertext links.
Article 7 – Changes to the contract
The Website reserves the right to amend the clauses of this contract at any time.
Article 8 – Term
This contract is entered into for an indefinite term. It takes effect with respect to the User as from their use of the service. For any question or information, please feel free to write to the following email address: contact@mofusan.fr
Article 9 – Online reviews
The home page reproduces a selection of reviews published by consumers on the restaurant's Google listing (Google Maps / Google Business Profile), under the conditions set out in Articles L. 111-7-2, L. 121-3 and D. 111-9 to D. 111-12 of the French Consumer Code.
Origin and checks. Reviews are collected, hosted and moderated by Google from Google account holders. Google does not verify that the author actually visited, but detects and removes fake reviews under its user-generated content rules. The restaurant performs no checks on these reviews, does not moderate them and can neither edit nor delete them; nothing is offered in return for a review.
Selection and ranking. The website displays at most three reviews: among the reviews with a comment and rated 4 stars or more, the most recent ones, newest first. When reviews are obtained through Google's Places API (fallback solution), this selection is made among the five reviews Google highlights on the listing. Until the Google listing is connected to the website, or if Google does not respond, the website displays a selection copied by hand from the Google listing: among the first reviews it showed on the day they were copied (sorted by “Most relevant”), excluding reviews by people connected with the restaurant (staff, contractors), the most recent ones with a comment and rated 4 stars or more (three at most). The average rating and the total number of reviews, whatever their rating, are shown, and all reviews can be read on Google.
Dates. The publication date of each review is displayed, together with the month of the visit when Google passes it on to the website.
Reproduction and retention. Reviews are reproduced unchanged; only their length may be shortened on screen, the full text remaining accessible. When the website is connected to the Google listing, it re-reads the reviews at least every twelve hours; if Google is unavailable, the last version obtained may remain displayed for thirty days at most, and this data is not kept beyond that. A selection copied by hand is not updated: it reflects the Google listing on the day it was copied and is no longer displayed one hundred and eighty days later; any review copied this way is removed from the website at its author's request sent to contact@mofusan.fr. The date of the last retrieval is shown under the reviews.
Reporting. Any review can be reported to Google from the restaurant's Google Maps listing. For any question, write to contact@mofusan.fr.
Google Maps content displayed on this website is subject to the Google Maps/Google Earth Additional Terms of Service and to the Google Privacy Policy.
Article 10 – Cookies and audience measurement
Audience measurement, with your consent. If you accept it in the banner shown on your first visit, the website uses Google Analytics 4, a service of Google Ireland Limited, to produce visit statistics (pages viewed, referral, type of device). Google Analytics then sets the “_ga” and “_ga_<identifier>” cookies, kept for 13 months. Nothing is sent to Google before you consent, and declining changes nothing to your visit. Google may process this data in the United States, under the EU–US Data Privacy Framework; see the Google Privacy Policy.
Your choice. It is stored for 6 months in a website cookie, “mofusan_consentement”, which the website needs to work; you are then asked again. You can change it or withdraw your consent at any time with the “Cookie settings” link at the bottom of each page: the Google Analytics cookies are then deleted.
Necessary cookies. The administration area uses a session cookie and, if you ask for it, a “remember me” cookie; they only concern people who log in.
Third-party content. The reviews section displays profile photos hosted by Google, and the footer the Restaurant Guru badge: displaying them sends your IP address to these services, without any cookie. Links to Instagram, Facebook, Google Maps, Tripadvisor or the UReserve booking module lead to websites that apply their own rules.
Your rights. You can ask to access, correct or delete your data by writing to contact@mofusan.fr, and lodge a complaint with the CNIL, the French data protection authority.
