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Terms of Service

Article 1 - Definitions

Terms beginning with a capital letter have the meaning assigned to them below, in the singular as well as in the plural :
- * Subscription : refers to the subscription chosen by the Customer to benefit from the right to use the Solution and the Services included in said subscription.
- * Application : refers to the web or mobile software application allowing the Customer to implement the functionalities of the Solution covered by his Subscription. The Application consists of i) the standard management software package developed by TRAQFOOD and ii) software components developed by third-party publishers for which TRAQFOOD has a marketing right.
- * Shared Database : refers to the structured set of anonymized data relating to the Products (bar code, product name, name of the manufacturer or producer, approval number, etc.) recorded by the Customer in the solution.
- * Client : refers to the professional who, for the direct needs of his professional activity, contracts with TRAQFOOD in order to benefit from the Solution and the Services.
- * Account : designates the private administration interface allowing the Customer, and through it his Users, to use the Solution.
- * Contract : refers to these T & Cs, the quote / order form and the Direct Debit mandate (Annex 1).
- * Hardware : designates the computer hardware (including any embedded software) necessary for the operation of the Solution.
- * TRAQFOOD : refers to the company TRAQFOOD SAS, whose registered office is located at 25 Boulevard de la Paix - 95891 CERGY PONTOISE CEDEX, registered with the RCS of Pontoise under number 808 781 751, contracting partner of the Customer.
- * Parties : refers collectively to TRAQFOOD and the Customer and, individually, one of the parties to the Contract.
- * Technical Prerequisites : refers to the list of materials, devices and technical specifications recommended by TRAQFOOD to allow the operation of the Solution, which the Customer undertakes to comply with.
- * Reception Report : means any document attesting to the receipt by the Customer of the Equipment and starting the term of the Contract.
- * Product (s) : refers to the products of a food nature referenced by the Customer within his Account.
- * Service : refers to all the services provided by TRAQFOOD to Customers using the Solution, whether or not these services are included in the Subscription.
- * Site : refers to a place of marketing or production of Products placed under the responsibility of a Customer (generally identified by the SIREN number of the company and the NIC code of the establishment concerned).
- * Website : designates the website www.traqfood.fr and / or www.traqfood.com, or any URL which may subsequently be substituted for them by TRAQFOOD.
- * Solution : refers to the food product traceability and self-checks solution marketed by TRAQFOOD, consisting of the Application and the Equipment.
- * User : refers to any user of the Solution employed by a Client and whose contact details are communicated by the Client to TRAQFOOD with a view to enabling him to lawfully use the Solution, via the Client’s Account.

Article 2 - Prior information to the customer

2.1 The Customer acknowledges that before any possible subscription to a Subscription to the Solution, he / she has read the Technical Prerequisites, has benefited from sufficiently detailed explanations on the characteristics of the Solution and has been able to freely examine its functional scope and its terms. Operating. Beyond the information communicated by TRAQFOOD, the Customer acknowledges that it is his responsibility to request from TRAQFOOD any additional information, presentations or demonstrations that he deems necessary, if he questions the suitability of the Solution to his needs. and constraints, particularly IT.

2.2 The Customer acknowledges being informed that the Application is a standard software product, designed to meet the needs of the greatest number of users on the French market, so that it is intended for French companies located in mainland France and in the DOM TOM or, where applicable, for subsidiaries of French companies located abroad whose needs can be met by the Solution. Under no circumstances may a specification or a document of expression of needs established by the Customer be taken into account by TRAQFOOD with a view to taking out a Subscription, the provision of specific adaptations of the Application for the needs. of a Customer necessarily assuming the signature of a particular contract, not governed by the stipulations of the Contract.

2.3 The Customer acknowledges being informed that the Hardware (and its embedded software) are also standard and that they are not manufactured by TRAQFOOD.

Article 3 - Purpose

3.1 The purpose of the Contract is to define the terms and conditions under which, depending on the Subscription and the optional services chosen by the Customer when signing the Contract, TRAQFOOD :
i) grants the Customer a right to use the Application for a consideration,
ii) provide the Client with the agreed Services,
iii) where applicable, makes the Equipment available to the Customer by sale or rental.

3.2 The Customer is duly informed that taking out a Subscription under the terms of the Contract is exclusively reserved for professionals, within the meaning of consumer law, and declares to have this quality. This declaration is essential and decisive for TRAQFOOD insofar as the financial conditions have been defined according to the exclusions and limitations of liability provided for in the Contract.

3.3 THE CUSTOMER STRONGLY COMPLIES WITH THE PROVISIONS OF THE CONTRACT BY USERS. He undertakes to collaborate actively, regularly and in good faith with TRAQFOOD, in particular for the purposes of providing all the Services. The Customer undertakes to inform TRAQFOOD of any difficulties of which he may become aware as the Services are performed. In addition, the Customer undertakes to keep in place sufficiently competent, qualified and trained Users throughout the duration of the execution of the Contract.

3.4 In the event that a Client, as a franchisor, would like to have the Solution available for an entire franchise network, the Contract may act as a framework contract, with the franchisees responsible for regularizing contracts. application with TRAQFOOD.

3.5 TRAQFOOD reserves the right to refuse to take out a Subscription for any legitimate reason, in particular if the Customer is not a professional in the agri-food sector or is a current or potential competitor of TRAQFOOD.

Article 4 - Duration

4.1 The Contract takes effect upon receipt by TRAQFOOD of the Contract countersigned by the Customer. The Client acknowledges that he has been informed that the Services can only be provided to him after the time necessary for TRAQFOOD to create the Client’s Account (estimated at a maximum of 30 (thirty) days from receipt of the Contract). .

4.2 The Contract is concluded for a firm period of three (3) years, unless otherwise specified in the quote / order form, from the date of delivery of the Service (start date), formalized by a signed Acceptance Report. a representative of the Client. The obligations defined therein are indivisible. In the event of Subscription to the Hardware-Free Solution, the start date will correspond to the final registration of the customer’s account in the Solution by TRAQFOOD staff. At the end of this period and if neither Party has expressed its wish to terminate the Contract by sending, three (3) months before the end of said period, a notification by registered letter with acknowledgment of receipt, the Contract will be renewed by tacit agreement and by successive periods of one (1) year. This tacit renewal may be denounced in the same way, by sending, three (3) months before the end of the said period, a notification by registered letter with acknowledgment of receipt. See also Article 9.4.4.

Article 5 - Financial conditions and invoicing

5.1 The Customer undertakes to pay TRAQFOOD the remuneration set in the Contract. This remuneration in Euros excluding tax covers, under the conditions provided for in the Contract, the Subscription (concession of the right to use the Application granted to the Customer and services included in the Subscription), any additional services agreed between the Parties but not included in the Subscription and, where applicable in the event of sale or rental of Equipment to the Customer by TRAQFOOD, the remuneration due in respect of this sale or rental.

5.2 Rental

5.2.1 Acceptance of the Customer-Guarantee
TRAQFOOD has the right to refuse any rental agreement, in particular on the basis of insufficient financial strength of the customer. To judge this, TRAQFOOD will have to request financial information, which the Customer undertakes to send to it. The Customer shall refrain from providing TRAQFOOD with false information which would be liable to conceal from TRAQFOOD the extent of the risk it takes. TRAQFOOD’s decision to contract remains valid for 60 days from the signing of the Contract until the start date, provided in particular that the Client’s financial situation has not deteriorated, and in particular that the latter has not as a safeguard, reorganization or judicial liquidation between the date of signature and the start date ; in these cases, the Contract is retroactively canceled.
TRAQFOOD may request a security deposit equal to 3 or 6 months’ rent before delivery of the Solution. This security deposit will be payable immediately and will be returned at the end of the rental to the Customer who has fulfilled his obligations and may in no case be used by the Customer to pay the rent. In the event that the contract is terminated, the security deposit will then be allocated to the partial or total payment of the sums due. This security deposit will be updated with changes in the rent according to the evolution of the contract.

5.2.2 Financial conditions and invoicing of the rental
The rental contract runs for the firm term as well as for tacit renewal periods. The installments are invoiced per period due, and received immediately after issuance of the invoicing, unless otherwise stated in the estimate / purchase order. The first rent is due on the start date.
For the payment of rents and other ancillary costs, the Customer will sign a SEPA direct debit mandate attached to this Contract. By signing this mandate, the Customer authorizes TRAQFOOD to issue direct debits payable by debit from his account. The Customer is prohibited from denouncing, without just cause, this authorization given to his bank, until the rental expires. Any request for a change of domiciliation must reach TRAQFOOD at least 30 days before the deadline, the domiciliation of which is to be changed. Failing this, the costs of non-direct debit will be borne by the Customer. Without prejudice to the termination, any unpaid rent will result in the payment of late payment interest calculated at the legal interest rate applicable in France, increased by 10 points plus tax. Regardless of the late payment interest, any late payment will give rise to a legal recovery indemnity of 40 €. In the event of a change in the tax legislation in force, the rents will bear the changes that have taken place. Any rental period started is due.

5.3 Cash sale
In the event of a cash sale, the remuneration fixed in the Contract is due upon signature of the contract. The Equipment as well as the Service (over the period set in the quote / order form) must be subject to payment received by TRAQFOOD before delivery of the Service.
The Equipment is transferred under a retention of title clause until full payment of the price agreed for its sale and delivery.
The Service will be billed again at the start of the automatic renewal period which must be paid upon receipt.

5.4 Price indexation
An annual price review may be carried out on January 1 of each year using a fixed coefficient of 1.5% on the one hand, and on the other hand the SYNTEC index published monthly by the SYNTEC federation and the following formula :
Pn = P0 (0.5 * 1.015 + 0.50 * SYNTECn index)
SYNTEC0 index
Or :
- Pn is the revised price
- P0 is the price of the services corresponding to the previous period
- The SYNTECn index is the last known index on November 1 of the previous year
- The Syntec0 index is the last known index on November 1 of the previous year

Article 6 - Subscription

6.1 Initial subscription : The initial subscription runs for the period mentioned in article 4 above.

6.2 Modification of a current Subscription :

6.2.1 Throughout the term of the Contract, the Customer may request a change in his Subscription in writing from TRAQFOOD.

6.2.2 The modification to a Subscription at a subscription price lower than that to which the Client initially subscribed does not call into question the obligation, for the Client, to continue to pay the price of the initial Subscription until the end of the Contract.

6.2.3 The modification to a Subscription at a subscription price higher than that to which the Customer initially subscribed obliges the Customer to pay the price of the new Subscription until the end of the Contract.

Creation of an account

7.1 - General rules

7.1.1 As soon as possible following receipt of the signed Contract, the Customer will receive an email, at the email address provided in the Contract, inviting him to activate his Account on the Website by following the procedure indicated for this purpose and by entering the username and password that will have been communicated by email.

7.1.2 The Customer expressly acknowledges that the username and password can only be used by Users for the benefit of the Customer. The Customer is solely responsible for maintaining the confidentiality of his access codes, TRAQFOOD declines all responsibility in the event of use of the Solution by a person other than an Authorized User. The Customer acknowledges that he is responsible for the attribution of the status of User and the management of their activities in accordance with the provisions of the Contract. The Customer agrees to take all necessary precautions and to pay all costs that may result from the use of the Account by any third party or entity not authorized by the Contract.

7.1.3 All data communicated with a view to opening an Account or granting User status must be personal, accurate and regularly updated.

7.1.4 The Customer agrees not to attempt to bypass or modify any authentication or security device put in place by TRAQFOOD for access to the Account.

7.1.5 The information in the Account will be considered as having probative force between the Parties, TRAQFOOD being expressly authorized to record all information useful for the preservation and establishment of this evidence.

7.2 - Obligation to create at least one Account per Site

7.2.1 Each account is subject to a subscription. In the event of multiple Sites, the Customer agrees to create, at a minimum, one Account per Site.

7.2.2 The violation of this commitment will result, retroactively, automatic invoicing and by right to the Customer of the Subscription for the Site concerned, and this for the entire duration (not prescribed) of the use of the Solution, without prejudice. for all damages that TRAQFOOD would be entitled to claim as a result of the use of the Solution in violation of the Contract.

Article 8 - Application

8.1 To be able to operate the Solution, the Customer must download the Application on a smartphone or another terminal (tablet) from a mobile application store (Appstore or Google Play) or from the “app.traqfood.com” website. . The Customer will proceed under his sole responsibility for installing the Application, except for the use of an optional service on request.

8.2 The fact that the application can be downloaded free of charge has no impact on the Customer’s obligation to pay the sums charged to him under the financial conditions of the Contract.

8.3 The equipment necessary for downloading and storing the Application, as well as any related costs (in particular telecommunications and internet connection costs) are the sole responsibility of the Customer. The Customer is solely responsible for the IT equipment used for the implementation of the Solution and undertakes to ensure an evolution of its hardware and software compatible with the necessary periodic evolution of the Technical Prerequisites.

Article 9 - Equipment

9.1 - Technical Prerequisites

9.1.2 TRAQFOOD declines all responsibility, and will have no obligation to reimburse, in the event of non-compliance with the Technical Prerequisites resulting in malfunctions.

9.1.3 In the event that the Customer wishes to be equipped, via the option opened by the Contract, with a refrigeration equipment temperature monitoring system (Box and temperature sensors, it must imperatively have an internet connection of sufficient quality to ensure its proper functioning in connection with the Solution via a "web service" (ADSL, fiber, via Ethernet cable, or wifi) The technical specifications of the temperature monitoring system possibly supplied by TRAQFOOD are available on first request and on the manufacturer’s website. The Customer declares to know and accept these technical constraints and undertakes to comply with them. Under no circumstances will TRAQFOOD be held responsible in the event of a malfunction of the temperature monitoring system due to a configuration or an installation that does not comply with the manufacturer’s standards or does not comply with the Technical Prerequisites TRAQFOOD declines in particular any responsibility in the event of non-operation o u malfunction of the refrigeration equipment temperature monitoring system due to a non-compliant configuration of the monitoring system or in the event of a communication fault in the refrigeration equipment temperature monitoring system (in particular between the sensors and the box).
The Customer acknowledges having been informed of the importance of the fact that the range of the sensors depends on several criteria, the list of which is not exhaustive, such as the thickness of the walls, the existence of hatches, elevators , freight elevators, the flow of people near the system, disturbances linked to radio or telephone waves, etc. The Customer also declares that they have been sufficiently informed and advised by TRAQFOOD on the configuration necessary for the proper functioning of the monitoring system temperatures.
Under no circumstances will TRAQFOOD be held responsible if the Customer uses equipment, in particular temperature sensors, which is insufficient for the Site and these temperature sensors must therefore be supplemented by a relay or an additional box for good communication from the temperature monitoring system. TRAQFOOD does not contract any obligation as to the determination of the minimum distance to be observed for the operation of the monitoring system in the case of a configuration requiring a relay (-Sensors and Sensor-Relay).

9.1.4 In the event that the Customer wishes, via the option opened by the Contract, to equip himself with a tablet, he must imperatively, in the event of subscription to the connected mode option, have an internet connection of sufficient quality to ensure its proper functioning in connection with the Solution (ADSL, fiber, via ethernet cable, or wifi). The technical specifications of the tablet possibly provided by TRAQFOOD are available on first request and on the manufacturer’s website. The Customer declares to know and accept these technical constraints and undertakes to comply with them. Under no circumstances will TRAQFOOD be held responsible for any malfunction of the tablet due to a configuration or installation that does not comply with the manufacturer’s standards or to a non-compliance with the Technical Prerequisites.

9.1.5 In the event that the Customer wishes, via the option opened by the Contract, to be equipped with a printer for product traceability labels, he must imperatively ensure that he has a smartphone or another terminal (tablet) with an IOS or Android operating system and having a Bluetooth connection. The technical specifications of the printer possibly supplied by TRAQFOOD are available on first request and on the manufacturer’s website. Under no circumstances will TRAQFOOD be held responsible for any printer malfunction due to a configuration or installation that does not comply with the manufacturer’s standards or a failure to comply with the Technical Prerequisites.

9.2 - Terms of entry into possession of the Equipment by the Customer

9.2.1 The Customer has several options for obtaining possession of the Equipment, namely either acquisition from TRAQFOOD, or rental from TRAQFOOD, or leasing from an independent company (partner of TRAQFOOD). The chosen option will be specified in the quote / order form.
a) Acquisition of Equipment from TRAQFOOD
When the Customer decides to purchase the Equipment from TRAQFOOD, the Customer places an order for the Equipment either directly by filling in the options open in the opening quote / order form, or by placing a specific quote / order form ( for the acquisition of new Equipment during the execution of the Contract).
In the case of a cash purchase of the Box, temperature sensors, a tablet and / or a printer, the Equipment is guaranteed for three (3) years, excluding breakage, loss and theft.
TRANSFER OF RISKS : the Customer will assume all risks of loss, damage, destruction, liability or damage of any kind to the Equipment from the date of handing over the Equipment to the carrier responsible for delivery. It will be up to the Customer to insure the Equipment accordingly, until its full payment, in replacement value as new on the day of the loss. Insurance policies must stipulate that the subscriber acts both on his own behalf and on behalf of the owner and ensure the payment of any indemnity directly into the hands of the latter.
b) Rental of Equipment from TRAQFOOD
When the Customer decides to rent the Equipment from TRAQFOOD during the period of execution of the Contract, the Customer indicates the Equipment he wishes to rent either directly by filling in the options open in the opening quote / order form, or by submitting a specific quote / order form (for the rental of new Equipment during the execution of the Contract).
In the case of a rental of the Box, temperature sensors, a tablet and / or a printer, the Equipment is guaranteed for three (3) years from the initialization of the rental, excluding breakage. , loss and theft.
TRANSFER OF RISKS : the Customer will assume all risks of loss, damage, destruction, liability or damage of any kind to the Equipment from the date of handing over the Equipment to the carrier responsible for delivery. It will be up to the Customer to insure the Equipment accordingly, until their full payment, in replacement value as new on the day of the loss. Insurance policies must stipulate that the subscriber acts both on his own behalf and on behalf of the owner and ensure the payment of any indemnity directly into the hands of the latter.
c) Equipment leasing from a third party (partner of TRAQFOOD)
When the Customer decides to take possession of the Equipment through a leasing transaction from a third-party company (partner of TRAQFOOD), the Customer must agree on the Equipment concerned and place an order directly with TRAQFOOD, by freely agreeing with the leasing company on the contractual conditions applicable to their relations, in particular with regard to the financial conditions applicable to such an operation. Under no circumstances will TRAQFOOD be held liable for any contractual breaches related to this leasing transaction, to which it is not a party.

9.2.2 The Customer may, if he wishes, take out an extended warranty, as well as breakage, loss and theft insurance.

9.3 - Delivery of Equipment

9.3.1 The Customer undertakes to accept the Equipment ordered on the first delivery insofar as it complies with the Contract and its documentation. Any refusal of delivery must, to be taken into account, be brought to the attention of TRAQFOOD by registered mail, duly motivated, within forty-eight (48) hours of delivery. In the event of refusal of delivery not expressed in the forms and deadlines required and / or not motivated, the Customer will be deemed to have unilaterally and wrongfully terminated the Contract and TRAQFOOD may accordingly claim the total amount of the order.

9.3.2 Unless otherwise stipulated, the Equipment will be delivered to the address specified by the Customer in the Contract.

9.4 - Defects, repair and exchange of Equipment

9.4.1 In the event of the provision, at the start of the performance of the Contract, of defective Equipment that does not allow the Solution to be implemented, TRAQFOOD will take responsibility for the return of this Equipment and, after verification of the malfunction. , will return replacement Equipment to the Customer at its expense. If it turns out that the Equipment is in fact not defective, the return and reshipment costs will be borne by the Customer. Being extended that in certain cases, a first diagnosis can be carried out remotely by a TRAQFOOD technician.

9.4.2 In the event of a breakdown or malfunction of a Equipment supplied by TRAQFOOD, the Customer will immediately and fairly inform TRAQFOOD. A first diagnosis will be carried out remotely in order to identify the origin of the malfunction.
If the failure is not attributable to improper use of the Equipment, and if repair on the Site is not possible, a return to the workshop will be provided to the Customer, the Equipment will be returned by the Customer and repairs will be made. provided by TRAQFOOD services. In this case, the Customer will bear the shipping costs of the equipment to be replaced or repaired and TRAQFOOD will bear the shipping costs of the repaired or replacement Equipment.
If the failure is attributable to improper use of the Equipment (faulty electrical installation, improper handling, non-compliance with the operating and installation instructions, non-compliance with the Technical Prerequisites, etc.) or a breakage of the Equipment , and if repair on the Site is not possible, a return to the workshop will be provided to the Customer and a repair estimate (cost of parts and labor) will be established and sent to the Customer, who will have to bear the cost of the repair. full repair, return and reshipping costs. In such cases, TRAQFOOD may lend the Customer replacement Equipment, during the repairs, under conditions to be agreed between the Parties. It is recalled that at the end of the repair period, said replacement Equipment must be returned to TRAQFOOD at its expense by the Customer. In addition, a loan contract may be signed for this purpose.

9.4.3 In the event that the Equipment cannot be repaired, has become obsolete or entails repair costs which exceed the value of the Equipment itself, the Customer will be offered a replacement solution, under conditions to be agreed between the Parties if the Material is no longer under the manufacturer’s warranty. Notwithstanding the preceding provisions, if the fault in the Equipment is due to the actions of the Customer, the latter will be invoiced for new Equipment under the conditions to be defined by the Parties and will be liable for the rents due if the defective equipment is leased, which does not will not terminate the Contract.

9.4.4 As an exception to Article 4.2, in the event of Rental of Equipment and if equipment is defective beyond the initial period and must be replaced, this need to replace the Equipment will result in the early termination of the Contract. The Solution with the new hardware will be the subject of a new Contract.

9.5 Return of the Rented Equipment
At the end of the rental or in the event of termination of the Contract, the Equipment must be in perfect working order and maintenance, the wear of the parts constituting it must not be greater than normal use. The return will take place at the registered office of TRAQFOOD, the costs and charges for the return being borne by the Customer. In the event of non-return of the Equipment rented at the end of the Contract, the Customer will be liable for a monthly deprivation of use allowance equal to the last billed rent. The compensation will be increased to 8 months of rent in the absence of effective restitution 30 days after formal notice.
In the event that the Equipment is not returned in perfect working order, without prejudice to this compensation, the Customer will be required to pay the repair invoice for said equipment sent by TRAQFOOD, the amount of which will be determined at the level of an estimate requested by the latter from the supplier.

Article 10 - Use of the solution

10.1 - Archiving functionality for product data

10.1.1 The Solution is a tool for archiving information relating to Products so as to allow the Customer to manage their traceability as well as information relating to HACCP self-checks (temperatures, cleaning tasks, etc.), in the conditions described in its Subscription. To understand how the Solution works, the Customer is invited to consult the information made available to them by TRAQFOOD, in particular in the User Guide, as soon as they take out a Subscription, in particular in order to master the scanning and scanning methods. ’archiving of information relating to its Products within the Solution.

10.1.2 The Customer is fully informed that any entry of a new Product entails the registration of said Product in the Shared Database. As such, the Customer acknowledges that TRAQFOOD provides exclusively a service of a technical nature and exercises no control of any kind whatsoever over the content of the data relating to the Products. The Customer therefore undertakes to take all the care necessary to verify the veracity and completeness of the data relating to the Products.

10.1.3 The Customer has the possibility at any time to modify the data relating to the Products within his Account and to notify TRAQFOOD of an error in the references of a Product in the Pooled Database. In any event, in the event of a difference between the data entered in the Solution and those indicated on the labels affixed to the Product, the latter shall prevail.

10.1.4 The Customer is informed that the use of the Solution in the event of subscription to the full disconnected mode option makes it impossible to archive data by TRAQFOOD, the solution then operating in an asynchronous local mode which belongs to the Customer. activate and deactivate manually. The Customer therefore undertakes to synchronize his data at least once a day and therefore undertakes to waive any recourse against TRAQFOOD concerning the storage or loss of his data if it has not accomplished said daily synchronizations.

10.1.5 TRAQFOOD is in no way responsible for the quality of the data entered or the frequency of entry of the same data.

10.2 - Other features of the Solution
The Solution has various functionalities (inventory, inventory management, data for audit purposes, etc.) made available to the Customer and fully detailed in the User Guide, to which the Customer agrees to comply.

10.3 - Data backup

10.3.1 VERY IMPORTANT : the Customer is solely responsible for backing up the data he considers necessary and recognizes that it is his responsibility to make backups of his data at a regular pace and adapted to his activity, to check at least once a week the contents of the backups carried out and to use adequate and undamaged backup media. It is reminded that the Customer is solely responsible for the synchronization of his data on the TRAQFOOD server. However, from said synchronization, TRAQFOOD is in charge of storing and archiving said synchronized data for five (5) years following said synchronization.

10.3.2 The Customer may export their data integrated into the Solution at any time, using the tool provided for this purpose accessible from their Account. The Customer’s attention is in particular drawn to the fact that the expiration or termination of the Contract may result in the permanent deletion of its data by TRAQFOOD, which is not intended to keep a copy after the execution period. of the contract.

10.3.3 Prior to any intervention by TRAQFOOD (in particular related to any repairs to Equipment or updating of the Application), the Customer undertakes to make a backup of all his data on storage media. adequate backup.

10.3.4 Any possible restoration or reconstitution of lost or damaged data, programs or files are not covered by the Contract.

10.4 - Responsibility of the Customer in the use of the Solution

10.4.1 The Solution is a tool to help manage a health control plan, but its use can in no way replace the determination, by the Customer, of its policy of compliance with hygiene rules. health and data which, according to him, must be recorded in the Solution with regard to this policy.

10.4.2 The Customer is solely responsible for the choice of the Subscription he has taken out and for examining the adequacy between his needs and constraints and the functionalities of the Solution.

10.4.3 The Customer acknowledges that the transmissions he makes via the internet, which may be delayed, lost, intercepted or corrupted, are made at his own risk and that he must take all necessary measures to protect his system. information, particularly with regard to protection against viruses, worms and other hostile intrusion methods.

10.4.4 The Customer guarantees that he uses the Solution in compliance with the laws and regulations in force, in particular in tax matters. More particularly, in the event that TRAQFOOD is held jointly and severally liable by the tax administration for the payment of reminders of duties, taxes or taxes issued due to the irregular use by the Customer of the Application made available to it, the Customer undertakes to fully compensate TRAQFOOD up to the sums claimed by the administration.

Article 11 - Services included in the subscription

11.1 - Data hosting

11.1.1 All data entered by the Customer on his Account is saved for the duration of the Contract by the hosting service selected by TRAQFOOD (partner host). In this respect, TRAQFOOD does not grant the Customer any other guarantee, in particular concerning the hosting of data, than those set out in the general conditions of the host partner, so that the responsibility of TRAQFOOD can never be sought beyond that from the partner host. A copy of the general conditions of the partner host is freely accessible to the Customer, on first request.

11.2 - Technical support

11.2.1 During the execution of the Contract, TRAQFOOD undertakes to provide the Customer with technical assistance, either by telephone (...) or by electronic mail at the address , on working days from Monday to Friday, from 8:30 a.m. to 6 p.m., to process requests related to malfunctions, identifiable and reproducible by TRAQFOOD and the Customer, encountered in the context of a compliant use of the Solution as described in the Guide User.

11.2.2 The technical support provided by TRAQFOOD does not include specific developments that the Customer would like to add to the Solution and support for non-reproducible anomalies.

11.3 - Updating the Application

11.3.1 Updates to the Application are included in the Subscription.

11.4 - Delivery of ordered Equipment

11.4.1 When ordering Equipment from TRAQFOOD, the organization of delivery is included in the Subscription.

11.4.2 When ordering tablets, the pre-configuration of the tablets is included in the Subscription.

Article 12 - Optional services not included in the subscription

11.2 Optional Services not included in the Subscription are described in the quote / order form

12.2 In general, TRAQFOOD reserves the right to invoice the Customer for the time spent looking for the causes or effects of incidents or anomalies as soon as the incident or anomaly encountered by the Customer has occurred. not for origin an element and / or a service provided by TRAQFOOD under the Contract.

Article 13 - Intellectual property

13.1 - Intellectual property rights of TRAQFOOD

13.1.1 TRAQFOOD is the owner, and / or at the very least authorized operator, of the intellectual property rights on the Website, the Application and the Solution taken as a whole, as well as on the "traqfood" brand.

13.1.2 TRAQFOOD also holds the intellectual property rights and in particular the rights of database producer, within the meaning of articles L.341-1 et seq. Of the Intellectual Property Code, on the Shared Database. The Customer acknowledges that TRAQFOOD is free to use all or part of the Shared Database, in particular by way of assignment or concession of rights to any third party, free of charge or for a fee and, as necessary, declares that it authorizes a such exploitation, for all purposes.

13.1.3 TRAQFOOD reserves the right to correct any anomalies in the Application.

13.1.4 The Customer shall refrain from infringing in any way whatsoever the intellectual property rights of TRAQFOOD on all or part of the Website, the Application, the Solution, the Shared Database or the “traqfood” brand. The Customer thus undertakes in particular to make only use of them for the sole needs of his professional activity, not to remove any mention concerning trademarks or other signs and mentions of property, to take all the necessary steps to ensure that third parties sharing their premises may not benefit from the right to use the Solution, to refrain from making all or part of the Solution directly or indirectly available to third parties, for any reason whatsoever, in any form (in particular by the “provision of hosted application” mode, rental, loan, shared use) and for any reason whatsoever, free of charge or for a fee, except with the prior, express and written authorization of TRAQFOOD. The Client is explicitly committed to respecting its stipulations by Users and other members of its staff. Any breach by the Customer of these obligations will allow TRAQFOOD to terminate the Contract immediately and automatically, by simple notification by registered letter with acknowledgment of receipt, without prejudice to any possible damages.

13.1.5 The Customer acknowledges that TRAQFOOD reserves the right to integrate into the Application a security mechanism (such as a locking system and / or an authorization key) in order to ensure that the Customer complies with the terms of the Contract. Such a security mechanism is intended to record data relating to the use of the Application at any time and with or without notification, which the Customer expressly authorizes, while committing not to hinder the proper functioning. such security mechanisms.

13.2 - Grant of a right to use the Application and the Shared Database for the benefit of the Customer

13.2.1 TRAQFOOD grants the Customer, in return for payment of the Subscription, a simple right of non-exclusive, personal and non-transferable use of the Application and the Shared Database for the purposes of enabling it to implement the Solution exclusively on the agreed Site (s) within the limits defined in the Contract.

13.2.2 The concession of rights of use is granted on a limited basis for the period provided for in the Contract.

13.2.3 The concession of rights of use is granted on a limited basis, according to the elements appearing in the corresponding estimate / order form, for :
- the number of Users with a personal username and password who can access the Application for professional use, as this number is agreed in the Contract ;
- the number of Sites covered by the Contract.
- for the functionalities of the Application accessible by web services, the number of logical or physical systems that can access said web services (mobile devices, terminals, etc.) and / or the unit of work consumed expressed in the form quantities, thresholds or ceilings.
Any modification of these numbers and / or exceeding of these thresholds is subject to the express and prior agreement of TRAQFOOD and, where applicable, to the payment of an additional fee at the rate in force.

13.2.4 The Customer expressly acknowledges that the Contract does not transfer any property rights to the Application to it and refrains from making any corrections of errors, modifications, adaptations or translations of the Application nor, more broadly, modifying, decompress, distribute, license or use in any way all or part of the Solution as well as any element attached to it.

13.2.5 The Customer also declares to be the legitimate holder of all intellectual property rights relating to the elements that he may be required to make available to TRAQFOOD, in particular in the Application or the Shared Database, and grants as such, TRAQFOOD has a right to use these elements for their use in the context of the marketing of the Solution, for the whole world and for the duration of the rights concerned. Failing that, and in the event of a third party claim, he will do his own business and alone bear the consequences of such claims, thus guaranteeing TRAQFOOD against any recourse, since the fault does not lie with TRAQFOOD.

Article 14 : Evolution of the application, material, solution or installation

14.1 The Customer is informed that regulatory or legal changes may, at any time, render the functionalities of the Application or, more broadly, of the Solution unsuitable. TRAQFOOD, to the extent that the Contract commits it, will provide an update of the Application satisfying the new regulatory or legal provisions, provided that such adaptations or changes do not make it necessary to rewrite a substantial part of the existing Application. Changes in legislation or regulations will therefore be considered as a cause of application of Article 1195 of the Civil Code if it results in making the operation of the Solution excessively expensive for TRAQFOOD.

14.2 The Customer is also informed that the evolution of technologies and of customer demand may lead TRAQFOOD to carry out updates to the Application, so that all or part of the Customer’s equipment or Material, in their configuration initial, may need to be changed by the Customer.

14.3 The Customer explicitly acknowledges that he cannot ask TRAQFOOD to maintain an old version of the Application and that he will take all the measures that may be necessary to maintain the compatibility between his IT equipment and the evolution of the Application. and / or the Solution. This condition is essential and decisive for TRAQFOOD insofar as it cannot be forced to ensure the maintenance of different successive versions of the Application or the Solution, without increasing its overall cost of access for all Clients.

14.4 The Customer acknowledges that any modification of the installation or its environment will be made under its responsibility, except that TRAQFOOD itself makes these modifications during an intervention billable at the rate in force on the date of its execution.

Article 15 - Guarantees

15.1 TRAQFOOD guarantees, for a period of six (6) months from the download of the Application, its compliance with its documentation. This guarantee is expressly limited to conformity with the documentation and cannot be extended to a guarantee of conformity to the specific needs or objectives of a Client, nor to any guarantee relating to the commercial profitability of the Solution. It is the Customer’s responsibility to ensure the suitability of the Application and more generally of the Solution to its needs, its uses and the legal and regulatory standards applicable in the territory where it operates.

15.2 TRAQFOOD does not guarantee that the Application is free from all defects but undertakes exclusively to remedy, with all reasonably possible diligence, any anomalies in the Application observed in relation to its documentation.

15.3 The Equipment sold is covered by the manufacturer’s warranty, which is managed directly by the manufacturer, to which the Customer agrees to return in the event of difficulty.

15.4 All other guarantees than those expressed in this article are expressly excluded.

Article 16 - Responsibilities

16.1 Given the state of the art in use in its profession, TRAQFOOD, which undertakes to take all possible care in the performance of its obligations, is subject to an obligation of means.

16.2 TRAQFOOD undertakes to make its best efforts to ensure that the Application is available 24 hours a day, 7 days a week, without interruption other than those required for the needs of the curative or evolutionary maintenance of the Application. The Customer’s attention is specifically drawn to the fact that the Application is, like any computer application, susceptible to malfunctions, anomalies, errors or interruptions. Consequently, TRAQFOOD does not guarantee that the Application, or more broadly the Solution, is permanently available and without error. The Customer may in no case be held responsible for TRAQFOOD due to malfunctions, anomalies, errors, interruptions, even in the event that they have temporarily prevented the Customer from scanning the Products or consulting the information recorded. In any event, TRAQFOOD will endeavor to alert the Customer as soon as possible of any scheduled interruption of the Application.

16.3 Under no circumstances can TRAQFOOD be held responsible either towards the Customer or towards third parties for any unforeseeable damage and for any indirect damage such as operating loss, loss of profit or loss of image or any other financial loss resulting from the use or inability to use the Application, the Equipment or the Solution by the Customer or from a failure in the provision of the Services, as well as any loss or deterioration of information or data for which TRAQFOOD cannot be held responsible.

16.4 The responsibility of TRAQFOOD will also be excluded in particular in the event of : i) non-compliance by the Customer with the technical requirements for the installation and use of the Solution, ii) non-compliance by the Customer with the nomenclature proposed by TRAQFOOD to save data relating to the Products ; iii) provision by the Customer of incorrect or incomplete information relating to the Products, Users and data in the Shared Database ; iv) use by the Customer of a version other than the latest updated version of the Application or of the Hardware recommended for use of the Solution ; v) offline use of the Solution ; vi) lack of backup of his data by the Customer and more generally in the event of circumstances attributable to the Customer, in particular due to abnormal or unforeseen use of the Solution.

16.5 The Application and the Material made available under the Contract will be used by the Customer under his sole control and responsibility. During the possible interventions of TRAQFOOD, the Customer remains custodian of the equipment, data, files, programs or databases of his IT environment and, consequently, TRAQFOOD cannot be held responsible for their deterioration or destruction, whether this is total or partial. Consequently, the sole responsibility of the Customer is : i) the choice and acquisition, prior or future, from third parties of hardware and software intended for use with the Application and the Hardware, their possible incompatibilities with the elements ordered under the Contract and the resulting dysfunctions and disruptions that cannot engage the responsibility of TRAQFOOD ; ii) the technical compatibility of its IT installations with the operation of the Solution, iii) the project management of its computerization in the event of a multiplicity of suppliers chosen by it ; iv) compliance with the Technical Prerequisites (present and future) ; v) any consequences resulting from modifications by the Customer of its IT environment.

16.6 IN THE HYPOTHESIS OR THE LIABILITY OF TRAQFOOD IS ENGAGED, THE COMPENSATION, ALL CAUSES COMBINED, PRINCIPAL, INTEREST AND COSTS, WILL BE LIMITED TO THE DIRECT AND FORESEEABLE DAMAGE SUBJECTED BY THE CUSTOMER WITHOUT EXCEEDING THE SUMS OF THE LATEST RULES, BY THESE RULES. TWELVE (12) LAST MONTHS, IN CONSIDERATION OF THE ELEMENT (APPLICATION, MATERIAL, SERVICE) THAT CAUSED TRAQFOOD’S LIABILITY.

16.7 The Parties acknowledge that the remuneration paid under the Contract reflects the distribution of the risks arising therefrom, as well as the economic balance desired by the Parties, and that the Contract would not have been concluded without the limitations of liability defined herein.

Article 17 - Conventional prescription

17.1 WITHOUT PREJUDICE TO THE APPLICATION OF ANY OTHER CONTRACTUAL STIPULATION, ANY ACTION RELATING TO THE CONTRACT TAKEN AGAINST TRAQFOOD MUST BE INITIATED WITHIN THE TWELVE (12) MONTHS FOLLOWING THE FACT GENERATOR OF THIS ACTION.

180 - Article 18 - Suspension or termination of the contract

18.1 Causes and consequences of the failure of one of the parties
If one of the Parties is in default in the performance of a stipulation of the Contract and that said breach has not been remedied within thirty (30) days of receipt of a notification to this effect by registered letter with acknowledgment upon receipt, the Party having notified the breach will have the option of automatically terminating the Contract, without prejudice to any other possible recourse.
In addition, the Contract will be terminated due to default by the Client, thirty (30) days after a formal notice has remained ineffective, in the following cases : non-compliance by the Client with one of the general or specific conditions of the Contract, no -payment of rent when due, the arrival of the term alone constituting the formal notice. After formal notice, TRAQFOOD retains the right to terminate the Contract even if the Customer has offered to pay or perform his obligations or even if he has done so after the set deadline, but he can waive it.
The aforementioned cases will have the following consequences : 1) TRAQFOOD will interrupt the Customer’s right to access the Solution. 2) the Customer will be required to immediately return the Equipment rented to TRAQFOOD at the place fixed by the latter and to bear all the costs occasioned by this termination. In the event that the Customer refuses to return the rented Equipment, it will suffice to compel him to do so, with a simple order issued by the competent court. 3) In addition to the return of the rented Equipment, the Customer must pay TRAQFOOD an amount equal to the amount of unpaid rents on the day of termination, increased by a penalty clause of 10% as well as an amount equal to all of the rents remaining to run until the end of the Contract as originally provided for, plus a penalty clause of 10% (without prejudice to any damages that he may owe). The sums paid after the termination of the contract will be allocated to the sums due and will not entail novation of the termination.

18.3 The termination of the Contract due to the Customer’s failure to perform his obligations will result in the end of TRAQFOOD’s obligation to host the data and will interrupt the Customer’s right to access the Solution, so that the Customer must in all circumstances respect his obligation to regularly export all the data he wishes to keep.
It being understood that, following the termination of the Contract following a default by the Client, TRAQFOOD may, at its sole discretion, grant the Client a predefined period of time during which he may download all of his data.

18.3 At the initiative of TRAQFOOD, access to the Application may be suspended in the event of non-payment of overdue invoices, without this affecting the Subscription and invoicing of the Solution.

18.4 In the event of the Client’s total or partial cessation of activity, termination will be automatic and by operation of law.

Article 19 - Force majeure

19.1 Each Party will be exonerated from any liability due to its breaches when these are due to a case of force majeure. By force majeure, we mean events presenting the characteristics usually adopted by French courts. In the event of force majeure, each Party must notify the other Party as soon as possible and at the latest within five (5) working days of its discovery. Force majeure suspends the obligations of the Party concerned for the time it remains, the latter having to take all necessary measures to try to remedy this situation or reduce its consequences. If a case of force majeure renders one of the Parties unable to fulfill its obligations under the Contract for more than seventy-five (75) consecutive days, the other Party may terminate the Contract after sending a notification sent by registered letter with acknowledgment of receipt, without any compensation being able to be invoked by the other Party.

Article 20 - Assignment of the contract

20.1 The Contract may be the subject of a transfer by the Client, only in the event of a transfer of business assets. This transfer will be invoiced at € 80 excluding VAT to the transferee of the fund. Apart from this case, the Contract, nor any right or obligation that it provides, may not be the subject of an assignment by the Customer, whether total or partial, against payment or free of charge.

20.2 TRAQFOOD reserves the right to assign or transfer the Contract freely and without formalities.

Article 21 - Personal data

21.1 - Personal data processed by TRAQFOOD as data controller

21.1.1 For the purposes of its activities, TRAQFOOD is, as data controller (whose contact details are given at the top of the Contract), to collect personal data related to its Customers.

21.1.2 The data is collected by TRAQFOOD for the execution of the Contract, the control of the proper execution of the Contract and the pre-contractual measures taken at the request of the Customer. The data is intended for the following categories of recipients : internal TRAQFOOD services linked to the execution of the Contract (commercial, legal, accounting, technical, marketing), carriers, maintenance providers, online payment providers, (if applicable) leasing partner companies.

21.1.3 The data will be kept in an active database for the duration of the execution of the Contract, then archived.

21.1.4 The provision of personal data is of a contractual nature and conditions the conclusion of the Contract insofar as it is a contract for consideration and Services at least partially performed at a distance. In the absence of provision of this data (such as the e-mail addresses of the Users), the Contract cannot be validly executed, because TRAQFOOD is unable to determine the applicable invoicing basis for the use of the Solution.

21.1.5 The Customers, and through them the Users, are informed of the existence of their right to request from TRAQFOOD, taken in its capacity as data controller, access to personal data, rectification or erasure of these, a limitation of the processing relating to the data subject, the right to object to the processing, the right to data portability and the right to lodge a complaint with a supervisory authority.
These rights can be exercised with TRAQFOOD at the following email address : .

21.2 - Personal data processed by the Client as data controller

21.2.1 It is the Customer’s responsibility to comply with all legal and regulatory obligations with regard to the protection of personal data when performing such data processing operations as data controller.

21.2.2 In this regard, the Customer’s attention is in particular drawn to the fact that by taking the initiative to implement the Solution on its Sites to meet its digital health traceability purposes, it will have to process non-personal data (product temperatures for example) as well as, where applicable depending on the use made of the Solution, personal data (on the use of the Solution by its own Users). He must therefore comply with the formalities related to this processing and the rights of the persons concerned using the Solution on his behalf. It is their responsibility in particular to provide information to the persons concerned by the processing operations at the time of data collection.

21.3 - Personal data processed by TRAQFOOD as a subcontractor

21.3.1 For the purposes of hosting data inserted into the Solution by Users or generated by the use of the Solution by Users, TRAQFOOD is a simple subcontractor for hosting this data which, for their predominant part, are not personal data. In this context, for personal data only, TRAQFOOD undertakes to process the data only for the sole purpose (s) which is / are the subject of the subcontracting (digital traceability), to process data in accordance with the documented instructions of the Client responsible for processing, guarantee the confidentiality of personal data processed under the Contract, ensure that the persons authorized to process personal data under the Contract undertake to comply with the confidentiality of this data, receive the necessary training in personal data protection and take into account the principles of data protection by design and by default.

21.3.2 It is agreed that TRAQFOOD may call on another subcontractor (hereinafter “the subsequent subcontractor”) to carry out specific processing activities. In this case, TRAQFOOD will inform the Customer in advance and in writing of any proposed change concerning the addition or replacement of other subcontractors. The Customer will have a minimum of fifteen days from the date of receipt of information on this possible change to present his objections. It will be for TRAQFOOD to ensure that the subsequent processor presents the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European data protection regulation. If the subsequent processor does not fulfill its data protection obligations, the initial processor remains fully responsible to the Client for the performance by the other processor of its obligations.

21.3.3 If data subjects make requests to exercise their rights with TRAQFOOD, they will be sent to the Customer upon receipt.

21.3.4 TRAQFOOD will notify the Customer of any possible personal data breach within a maximum of 16 hours after becoming aware of it by email. This notification will be accompanied by any useful documentation to enable the Client responsible for processing, if necessary, to notify this violation to the competent supervisory authority.

21.3.5 TRAQFOOD undertakes to implement technical and organizational measures guaranteeing a level of security adapted to the risk, with regard to the hosting of data.

Article 22 - Confidentiality

22.1 Each Party undertakes not to divulge any confidential information or any technical, commercial or financial element covered by the business secrets of the other Party and not to use this information or secrets for purposes other than the proper execution of the contract. Contract. They therefore refrain from disclosing them, in any form, in any capacity and to any person whatsoever, except to companies belonging to the same group as them and needing to know them for the execution of the Contract. Party stands firm, towards each other, in respecting this confidentiality commitment by their staff, their employees, agents and subcontractors.

22.3 This confidentiality obligation does not apply, subject to written proof, with regard to information :
(a) which were in the possession of the receiving party prior to transmission by the owning party ; or
(b) which were or become publicly available through no fault of the receiving party ; or
(c) that the receiving party receives in good faith from a third party entitled to so disclose ; or
(d) that the receiving party develops independently, without the use of confidential information received under this Agreement.

22.4 However, the Parties may, within the strict framework of the legal obligations incumbent on them, be required, in application of the regulations in force, to communicate to the competent authorities the confidential information received under the Contract. In this case, they undertake to inform, as soon as possible, the other Party of the legal request made to it by the competent authority.

22.5 This confidentiality obligation will survive for three (3) years after the expiration or termination of the Contract, regardless of the cause and author.

22.6 Notwithstanding the foregoing, the Customer authorizes TRAQFOOD to use any data entered within the Solution for the purposes of enriching the Shared Database, optimizing the Solution, statistical studies, constitution of promotional offers. and promotion of the Solution, including to third parties. This right of use is non-exclusive, transferable and royalty-free.

22.7 The Customer acknowledges that the data included in the Shared Database are not confidential data.

Article 23 - Non-solicitation

23.1 The Customer expressly waives, during the term of the Contract and six months after its expiry for any reason whatsoever, to hire or employ, directly or indirectly, any TRAQFOOD employee having functions related to the marketing and operation of the solution.

23.2 Any breach of this obligation exposes the Customer to immediately pay TRAQFOOD compensation equal to the gross remuneration of the last twelve (12) months of the person concerned, increased by employer contributions, without prejudice to all other damages related to the nature. concerted or non-concerted acts of the person concerned and the Client.

Article 24 - Miscellaneous provisions

24.1 Without prejudice to the application of the other provisions of the Contract, the Customer accepts that TRAQFOOD may, freely and without prior formality, subcontract all or part of its obligations hereunder, under its responsibility. In the event of subcontracting, TRAQFOOD will remain solely responsible for proper compliance with the obligations entered into under the terms of the Contract.

24.2 The Customer authorizes TRAQFOOD to cite its name and / or reproduce the logo / semi-figurative or figurative mark of the latter for its own advertising within the various marketing materials, commercial documents or the TRAQFOOD website, in any form and medium. whether it be. In addition, the Mérieux NutriSciences and TRAQFOOD brands and logos belonging to companies of the Mérieux NutriSciences group, the Customer is prohibited from using them without the prior written consent of TRAQFOOD.

24.3 The fact that one of the Parties does not avail itself of any of the obligations referred to in the Contract may not subsequently be interpreted as a waiver of the benefit of the obligation in question.

24.4 The Contract constitutes the entire agreement between the Parties and may only be modified by an addendum signed by them. In the event of contradictions between stipulations, any stipulations designated by the Parties as being specific shall prevail.

24.5 If one or more stipulations of the Contract prove to be null or irrelevant, they will be deemed unwritten and will not invalidate the other stipulations, unless they are of an essential and decisive nature for a Party.

Article 25 - Applicable law and attribution of jurisdiction

25.1 THIS CONTRACT IS SUBJECT TO FRENCH LAW.

25.2 In the event of a dispute arising during the execution of the Contract, the Parties will seek, as far as possible, an amicable solution.

25.3 Failing a friendly agreement, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR EXPIRY OF THE CONTRACT WILL BE THE JURISDICTION OF THE PARIS COMMERCIAL COURT (EXCEPT RULES OF MATERIAL JURISDICTION OF PUBLIC ORDER), NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN WARRANTY, INCLUDING EMERGENCY AND CONSERVATIVE PROCEEDINGS.

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