Preamble

The company Eldora SA (hereinafter referred to as "Eldora") is one of the leading collective catering providers in Switzerland.

These General Terms of Use (hereinafter referred to as "GTU") aim to define the rules for using the website (hereinafter referred to as the "Site") offering the ability to manage orders and reservations edited by Eldora.

By accessing the Site as a visitor and/or user, you unconditionally and unreservedly accept all the GTU of the Site as defined below. If you do not wish to accept these GTU, we ask you not to access the Site.

Any visit and/or use of the Site must comply with these GTU.

Eldora reserves the right to modify these GTU of the Site at any time to adapt them to the evolution of the Services, technical, legal, or jurisprudential changes, or when implementing new Services. The applicable GTU are those in force at the time of the User's connection and use of the Site.

Eldora therefore invites the User to regularly refer to the latest version of the GTU available on the Site.

Article 1: Definitions

Terms beginning with a capital letter within these GTU of the Site, whether used in the singular or plural, shall have the meaning given to them below:

• "GTU" refers to the general terms of use of the Site;
• "GTC" refers to the general terms of sale of Eldora applicable to the Restaurants;
• "Customer" and/or "Consumer" and/or "Diner" refers to the person who consumes the meal delivered at the Point of Sale;
• "Content" refers to, without this list being exhaustive, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content or element present within the Site;
• "Meal" and/or "Service" and/or "Menu" refers to the product ordered that will be consumed and/or delivered and/or picked up at one of the Restaurants;
• "Restaurant" and/or "Point of Sale" and/or "Establishment" refers to the place where the Services are sold;
• "Services" refers to the various functionalities and services offered accessible on the Site;
• "Site" and/or "Application" and/or "Order Reservation Site" and/or "Meal Reservation Site" refers to the dedicated site edited and provided by Eldora, giving access to the Services, and which is available free of charge. The Site also includes the Content, software, programs, tools, databases, operating systems, documentation, updates, and new versions that may be made to the Site by Eldora;
• "User" or "You" refers to an adult natural person or holder of parental authority accessing the Site for their own needs or those of a minor child for strictly personal and non-commercial use, without direct or indirect profit motive.

Article 2: Purpose of the Site

The purpose of the Site is to allow You to manage the Services and place reservations for Meals and purchases of Services (or products) and their management at one of our Points of Sale. Several Services may be offered to the User, including:

• Reserve or cancel a Meal/Service;
• Define the payment method;
• Add funds to the existing balance;
• Obtain information to contact us;
• If available:
  - Pay for your Meals;
  - Access all purchases made.

Article 3: Availability of the Site

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond Eldora's control and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site.

The Site may be updated from time to time to add new functions and services.

Maintenance and/or update interventions may be carried out without Users having been previously notified.

It may happen that a partner has published a specific site for placing reservations for Services. These sites are not under Eldora's responsibility. It is up to the third party providing it to ensure its operation.

Article 4: Conditions

Access Conditions

The equipment and material means allowing access to the Site are exclusively at the User's expense.

To access the Site, You must have:

• A desktop computer equipped with an up-to-date web browser or a phone or compatible mobile terminal;
• Access to the internet network.

The Site is accessible via the link that has been sent to You.

Financial Conditions

Access to the Site is offered free of charge to Users excluding:

• Subscription costs with the mobile phone operator;
• Connection and internet access costs;
• Possible additional charges for data loading;
• The cost of Services consumed by the User or the Customer via the Site.

Creation or Registration of the User Account

If the User does not have an account, it is required that they create one to benefit from the Services. Two scenarios are possible:

a) The registration has been previously completed by an intermediary (employer, public institution, etc.) and the access credentials have been sent to you;

b) You must complete or finalize the registration. In this case, the information collected may vary depending on the case. Most often, it includes:

• Last name, First name;
• Unique identifier: e.g., Badge No., Email;
• Password;
• Professional identification (in some cases).

The User guarantees to Eldora that the information provided during registration is accurate, complete, and up-to-date. Your account is linked to your name and is not transferable.

For Customers permanently leaving the Establishment, the balance present on the account can be requested directly on the Site.

Article 5: Principles of Use

General

Users connect to the platform via their access account. Users who wish to benefit from a Service must make a payment. To this end, they top up their account using the proposed payment methods and proceed with the order according to the received instructions.

If the Service is not ordered according to these conditions, the Establishment reserves the right to charge a supplement on the announced price. Cancellation is possible by respecting the cancellation conditions specific to the Establishment. After this period, the amount of the Meal may be deducted from the User's account or collected via the payment method used.

Account Top-Up

The User's account can be topped up with the usual payment methods. The top-up amount is free. Only Swiss Francs (CHF) are accepted. The top-up is done online on the Site. In some cases, it is possible to top up your account directly in cash at the Restaurant.

The payment transaction is executed in a secure area, with our partner Saferpay (Worldline/Six Payment Services). The data stored by the payment system is considered proof of all transactions that have taken place between Eldora and its Users. Eldora does not retain any information regarding your payment method.

The payment method is only debited once the account is credited. Payment for the Service occurs on the day of the Meal delivery or later.

If the Customer has a prepaid account, they are responsible for topping up their account and maintaining a sufficient balance. A check is performed when reserving Meals via the Site. The Restaurant's website informs you of the current balance of your account as well as the details of historical transactions.

Subsidies

If applicable, the granting of subsidies is subject to conditions that depend exclusively on the entity mandating Eldora.

The price of a Meal is given as an indication, taking into account the agreed subsidy. The subsidies applied are those applicable on the day of the Meal reservation and according to the rules defined by the mandator.

Menu Changes

Due to last-minute changes related to product deliveries by our suppliers, it is possible that the Menu served at the Establishment may slightly differ from the one presented at the time of reservation.

Loss of Identification Means

In some cases, identification means are provided to the Customers of the Establishment. If the identification means is lost, you must immediately inform the organization/institution that issued it to you.

Errors, Complaints, and Forgetting the Identification Means

• General questions or problems: please submit your request via the contact form available on the Site;
• Problem related to the application: we thank you for using the dedicated website's contact form to report any malfunction observed;
• Input errors at the cash registers: please report them immediately to a Restaurant staff member. The correction will be made later on the User's account;
• Forgetting your identification means: please announce it to the Establishment manager. No credit will be granted.

Article 6: End User License Agreement

Eldora grants the User a personal right to use the Site, the Content, and the Services. This right is non-exclusive, revocable, non-assignable, non-transferable, and free only for their own needs and within the framework of the use of the Site and the Services, excluding any other purpose.

This license does not confer any right of use to the User on the Content. The User is strictly prohibited from:

• Carrying out any adaptation, modification, translation, transcription, arrangement, compilation of all or part of the Site, the Services, and/or the Content;
• Creating derivative works of the licensed Site;
• Using software or processes intended to copy the Content of the Site without the prior authorization of Eldora;
• Exporting the content of the Site;
• Reproducing permanently or temporarily the Site, in whole or in part, by any means and in any form;
• Extracting or reusing, including for private purposes, without prior written authorization from Eldora, a substantial or non-substantial part of the content of the databases and archives constituted by the Site;
• Setting up systems likely to hack the Site and/or its Content in whole or in part, or likely to violate these GTU.

If You violate these prohibitions, You are liable to prosecution and damages. These GTU govern all updates provided by Eldora that replace and/or supplement the original Site, unless this update is accompanied by separate new GTU, in which case the latter will prevail.

Article 7: Rights, Obligations, and Responsibilities of the User

The User expressly agrees:

• To use the Site and its Services exclusively for personal and non-commercial use;
• To expressly refrain from using software or devices likely to disrupt the proper functioning of the Site, nor to take any action likely to impose a disproportionate burden on Eldora's infrastructure;
• To inform Eldora as soon as they become aware of an act of hacking and in particular any illicit or non-contractual use of the Site and/or the Content regardless of the mode of distribution;
• Not to sell, rent, sublicense, or distribute in any way the Site and/or the Content to third parties.

Article 8: Rights, Obligations, Responsibilities

Eldora makes its best efforts to ensure the proper functioning of the Site. It undertakes to secure access, consultation, and use of the Site and the Services.

Eldora undertakes to carry out or have carried out the necessary maintenance interventions to restore the proper functioning of the Site as quickly as possible.

Article 9: Limitation and Exclusion of Liability

Eldora's liability cannot be engaged for the risks accepted by the User and particularly for non-managed Sites.

Eldora cannot be held responsible:

• In case of defect, loss, delay, or error in data transmission that are independent of its will;
• For damages of any kind, direct or indirect, resulting from the use or inability to use the Site and in particular any financial or commercial loss, loss of data especially in the User's information system that connects to the Site;
• For damages of any kind, direct or indirect, resulting from the content and/or the use or inability to use websites linked to the Site or to which Users may have access via the Site;
• For damages of any kind caused to Users, their terminals, their computer and telephone equipment, and the data stored therein nor the consequences that may result on their personal, professional, or commercial activities;
• For sending messages and/or data to a false, incorrect, or incomplete address;
• If data does not reach it, for any reason whatsoever, or if the data it receives is illegible or impossible to process;
• If the User fails to access or use the Site and/or the Services for any reason whatsoever, including in case of maintenance, update, or technical improvement operations;
• If, for any reason whatsoever, the connection is interrupted.

Furthermore, Eldora declines any responsibility in case of misuse of computer equipment and/or incident related to the use of the terminal when using the Site.

To the extent permitted by applicable law and to the extent that Eldora is deemed responsible for damage not foreseen above, Eldora's liability will be limited only to certain, real, established, and verifiable damages.

Article 10: Geographical Limits

The use of the Site is strictly limited to the countries where Eldora offers its catering services.

Article 11: Personal Data Protection

General

Eldora does not disclose your personal data to third parties, except for a written request from a legal authority in accordance with a legal obligation for the exercise of its official mission, or if the disclosure is necessary to protect your vital interest.

Privacy Statement

To learn about the characteristics of the personal data protection policy implemented by Eldora, the User is expressly invited to read the privacy statement regarding the protection of personal data.

Transmission of Transaction Information

Eldora does not disclose your personal data to third parties, except:

• written request from a legal authority in accordance with a legal obligation for the exercise of its official mission, or if the disclosure is necessary to protect your vital interest;
• in the context of billing employer subsidies to a third party where Eldora may be required to justify the presence of the Consumer with their personal information;
• in case of suspected fraud or for an equivalent reason where Eldora may be required to provide the mandator with the purchase transaction information of its Consumers. This requires a written request from the mandator at the Restaurant location and is in principle limited to a defined period.

Article 12: Site Security

The Site and its Services are provided "as is" and "as available" without any warranty whatsoever. Access and use of the Site are at the User's own risk.

Risks for the User

It is the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their terminal(s) (telephone, computer) against any harm such as malfunction, viruses, hacking (non-exhaustive list).

By using the Site, the User assumes all negative consequences that may result from its use.

Risks on the "Internet Network"

The technical performance of the Internet requires processing time to respond, consult, query, or transfer the services. The User declares to know and accept the limits and issues of the Internet network for which Eldora's responsibility cannot be engaged.

Article 13: Technical Limitations

The User must ensure they have a sufficient Internet connection for the functioning of the Site. Eldora is not responsible for the malfunction of the Site in case of absence or poor internet connection. Some services may not function in case of poor internet connections.

Eldora ensures the publication of the Site on the Internet. Due to the large number of types of web browsers, various operating systems (updated or not), possible overcharges by operators, and the different software installed by the User, Eldora cannot guarantee the perfect compatibility of the Site with all browsers and user terminals and will therefore not be responsible for the malfunction of the Site.

Article 14: Application of the GTU

The User is invited to carefully read these GTU which may be modified at any time and without notice by Eldora.

Article 15: Intellectual Property

Eldora is the exclusive owner of all intellectual property rights relating to the Site and its Content. Access to the Site does not confer any right to the User on Eldora's intellectual property rights.

All reproduction and representation rights are reserved, including for downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally all elements composing the Site cannot be the subject of any representation, reproduction, exploitation, or extraction, in whole or in part, on any medium whatsoever, without the express and prior authorization of Eldora.

The User expressly agrees that the use of the Site does not in any way harm Eldora's rights, and in particular that this use does not constitute an act of infringement, unfair competition, or parasitism of the Content.

Article 16: Termination

Eldora may decide to stop making the Site available at any time, subject to respecting a notice period of thirty (30) days. Notification of the end of availability will be made by displaying a message on the Site or any other appropriate means of communication.

Eldora does not have to justify its decision to terminate the availability of the Site, and this decision cannot give rise to compensation. The reimbursement of any possible balance on the User's account is ensured.

Article 17: Indivisibility of the Site's GTU

Swiss law is applied. If a competent court considers that one of the provisions of these GTU of the Site is invalid, the latter must then be deleted without affecting the rest of this document, and the other provisions therein will remain valid and applicable.

Article 18: Recourse, Competent Authorities, and Applicable Law in Case of Dispute

The form, enforcement, and validity of these GTU are governed by Swiss laws.

Prior to any contentious action, the Parties undertake to seek together and in good faith an amicable solution within a period of thirty (30) days. Any complaint must therefore first be made in writing to Eldora's customer service by phone or by contacting us, with supporting documents, at the following coordinates:

Eldora SA
A-One Business Center
Z.A. La Pièce 4, 1180 Rolle

If necessary, any dispute that may arise regarding the validity of these GTU, its interpretation, or its execution will be submitted to the exclusive jurisdiction of the competent court of the canton of Vaud.